(A) Color, towers and blades. Any non-reflective, unobtrusive color such as gray or white and no visible advertisements shall be permitted on the blades or tower which will assist in mitigating the visual impact of the structure is allowable.
(B) Lighting. Lighting for the towers shall be constructed only in accordance with the requirements and standards of the FAA compliant with § 157.056 and any other required regulatory authority in an effort to minimize the visual impact of the structures.
(C) Compliance with Federal Aviation Administration (FAA). It shall be the responsibility of the facility owner to complete the proper FAA applications and obtain the proper permits or a determination of no significant impact to air navigation from the FAA.
(D) Warnings. A visible warning sign of "high voltage" must be placed at the base of all WECS towers, at the entrance to the access road of the applicable tower and every substation located in the project area. The sign must have at a minimum six-inch letters.
(E) Participating property. The participating property leased for the purpose of siting WECS shall be separated from a larger tract as described in the lease agreement and assigned a new parcel identification number by the Tazewell County Supervisor of Assessments. The new tract of land shall also be assigned a separate 911 address by the Community Development Department. The new tract will not be considered to have new parcel boundary lines for setback purposes and shall remain in the name of the participating property owner. The purpose of the separation is to create a separate annual property tax bill, to be the responsibility of the facility owner, and alleviate any potential future hardship for the property owner, should the facility owner default.
(F) Setbacks.
(1) Participating residences. All WECS towers shall be set back not less than one and one-tenth times the tower height to the nearest point on the outside wall of the structure.
(2) Occupied community building. All WECS towers shall be set back not less than two and one-tenth times the maximum blade tip height of the wind tower to the nearest point on the outside wall of the structure.
(3) Communication and electric overhead transmission lines. All WECS towers shall be set back a distance of not less than one and one-tenth times the WECS tower height, measured to the center point of the easement containing the overhead line, from overhead communication and electrical transmission lines (not including overhead utility service lines to individual houses or outbuildings).
(4) Public road rights-of-way. All WECS towers shall be set back a distance of not less than one and one-tenth times the WECS tower height from public road rights-of-way.
(5) Nonparticipating properties. All WECS towers shall be set back a distance of not less than one and one-tenth times the WECS tower height to the nearest point on the property line of the nonparticipating property.
(6) Nonparticipating residences. All WECS towers shall be setback a distance of not less than two and one-tenth time the WECS tower height to the nearest point on the outside wall of the structure.
(7) Fish and Wildlife Areas and Illinois Nature Preserve Commission. All WECS shall be set back a distance not less than two and one-tenth times the maximum blade tip height of the wind tower to the nearest point on the property line of the fish and wildlife area or protected land.
(G) Height. The tower height must comply with all FAA regulations and may not exceed the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR Part 77.
(H) Compliance with additional regulations.
(1) It shall be the responsibility of the facility owner to contact the FCC and FAA regarding additional permits necessary or any other applicable federal or state regulations for the installation of a WECS project prior to permit issuance.
(2) The facility owner shall provide the results and recommendations from consultation with the Illinois Department of Natural Resources that are obtained through the Ecological Compliance Assessment Tool (EcoCAT),
(3) The facility owner shall provide results of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with the "U.S. Fish and Wildlife Service's Land-Based Wind Energy Guidelines."
(4) The facility owner shall demonstrate avoidance of protected lands as identified by the Illinois Department of Natural Resources and the Illinois Nature Preserve Commission or consider the recommendations of the Illinois Department of Natural Resources for setbacks from protected lands, including areas identified by the Illinois Nature Preserve Commission.
(5) The facility owner shall provide evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.
(I) Installation certification. Each stage of construction shall be inspected and approved by a professional engineer or authorized personal as assigned by the facility owner that construction and installation of the WECS project meets or exceeds the manufacturer's construction and installation standards. The submission of written approval upon final inspection shall initiate the certificate of occupancy and/or use if all other permit requirements have been verified by the Department.
(J) Roads. An applicant proposing to use any county, municipal or township road(s), for the purpose of transporting WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS(s) or substation(s), shall enter into a road use agreement that includes the following provisions, at a minimum:
(1) A haul route map for review and approval by the respective Road District Commissioner and the County Engineer prior to the granting of the siting approval permit. Traffic for construction purposes shall be limited to these roads.
(2) A pre-construction road surface scan shall be conducted to determine existing road conditions for assessing potential future damage. This study is to be conducted by an outside civil engineer firm agreed upon by both the road districts and the facility owner or their respective designee.
(3) Required roadways improvements; pre-construction, road upgrades needed prior to commencement of the construction of the wind farm to ensure the existing roads are capable of withstanding the proposed traffic and loading, and post construction.
(4) The applicant shall obtain a weight or size permit from all appropriate government agencies, to include; IDOT, the county, townships and municipalities prior to construction.
(5) Any road damage caused by the transport of the facility's equipment, the installation, maintenance or removal must be completely repaired to the satisfaction of the Road District Commissioner and the County Engineer. The Road District Commissioner and the County Engineer may choose to require either remediation of the road repair upon completion of the WECS Project or are authorized to collect fees for necessary remediation.
(6) Financial assurance in the amount agreed upon by the Road District Commissioner and County Engineer to ensure future repairs are completed to their satisfaction shall be provided. All repairs and improvements to public roads and roadway appurtenances shall be subject to the prior approval of the county before being made and shall also be subject to inspection and acceptance by the county after such repairs and improvements are completed. The county's road agreement, and any further agreements contemplated therein, regarding the maintenance and repair of public roads and highways. must be approved by the Tazewell County Board, to include financial assurance prior the approval of any WECS building permit applications related to the construction of the proposed WECS project.
(K) Drainage tile. Notwithstanding any other provision of law, a facility owner with siting approval to construct a commercial wind energy facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage districts, culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district, except that the facility owner shall repair or pay for the repair of any damage to the drainage system, in a manner that assures the tile line's proper operation at the point of repair, caused by the construction or deconstruction of the commercial wind energy facility within a reasonable time after construction of the commercial wind energy facility. The following shall apply to the tile line repair:
(1) The facility owner or their designee(s) will work with the landowner to identify the tile lines traversing the property included within the underlying agreement which will be crossed or disturbed by the construction of the facility. All tile lines identified in this manner will be shown on the construction and decommissioning plans and staked or flagged in the locations where expected crossing or disturbance is anticipated prior to construction or decommissioning to alert construction and decommissioning crews to the possible need for tile line repairs.
(2) Tile lines that are damaged, cut, or removed shall be staked or flagged placed in such a manner they will remain visible until the permanent repairs are completed. In addition, the location of damaged drain tile lines will be recorded using global positioning systems (GPS) technology.
(3) Temporary repairs shall be made by the facility owner, their designee or the property owner until such time any of the aforementioned parties can make permanent repairs. If the tile lines are dry and water is not flowing, temporary repairs are not required if the permanent repairs can be made by any of those parties previously mentioned 14 days (weather and soil conditions permitting) of the time damage occurred; however, the exposed tile lines will be screened or otherwise protected to prevent the entry of foreign materials or animals into the tile lines.
(4) Where tile lines are severed, repairs shall be made using the IDOA Drain Tile Repairs or as to agree to with the landowner.
(5) If there is any dispute between the landowner and the facility owner on the method of permanent tile line repair, the appropriate Soil and Water Conservation District's opinion shall be considered by the facility owner and the landowner.
(6) To the extent practicable, there will be a minimum of one foot of separation between the tile line and the underground cable whether the underground cable passes over or under the tile line. If the tile line was damaged as part of the excavation for installation of the underground cable, the underground cable will be installed with a minimum one foot clearance under or over the tile line to be repaired or otherwise to the extent practicable.
(7) The original tile line alignment and gradient shall be maintained. A laser transit shall be used to ensure the proper gradient is maintained. A laser operated tiling machine shall be used to install or replace tiling segments of 100 linear feet or more unless otherwise agreed to with the landowner.
(8) During construction stage, all permanent tile line repairs must be made within 14 days of identification or notification of the damage, weather and soil conditions permitting. At other times, such repairs must be made at a time mutually agreed upon by the facility owner and the landowner.
(9) Following construction, maintenance and/or decommissioning activities, the facility owner will utilize best practices to restore the drainage in the area to the condition it was before the commencement of the construction/decommissioning activities or those methods agreed to between the landowner and facility owner. If the landowner and facility owner cannot agree upon a reasonable method to complete this restoration, the facility owner may - but is not required to - implement the recommendations of the appropriate county SWCD and such implementation would resolve the dispute.
(10) Following completion of the work, the facility owner will be responsible for correcting or paying for the correction of all tile line repairs that fail due to construction, maintenance and/or decommissioning, provided any such failure was identified by the landowner within 24 months after construction or decommissioning. The facility owner will not be responsible for tile line repairs that the facility owner pays the landowner to perform.
(Res. LU-23-09, passed 5-31-2023) Penalty, see § 10.99