For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABOVE GROUND CABLE. Electrical power lines installed above grade to be utilized for conveyance of power from the wind turbines to the wind facility substation.
AGRICULTURAL IMPACT MITIGATION AGREEMENT (AIMA). The agreement between the commercial wind energy facility owner and the Illinois Department of Agriculture.
AGRICULTURAL LAND. Land used for cropland, hay land, pasture land, managed woodlands, truck gardens, farmsteads, commercial ag-related facilities, feedlots, livestock confinement systems, land on which farm buildings are located and land in government set-aside programs used for purposes as set forth above.
AUTHORIZED FACTORY REPRESENTATIVE. An individual with technical training of a WECS who has received factory installation instructions and is certified in writing by the manufacturer of the WECS.
BEST EFFORTS. Diligent, good faith and commercially reasonable efforts to achieve a given objective or obligation.
COMMERCIAL OPERATION DATE. The calendar date on which the commercial wind energy facility produces power for commercial sale, not including test power. Within ten calendar days of the commercial operation date, the commercial wind energy facility owner shall notify the county of the commercial operation date in writing.
COMMERCIAL WIND ENERGY FACILITY (FACILITY). A wind energy conversion facility equal or greater than 500 kilowatts in total nameplate generating capacity.
CONSTRUCTION. The installation, preparation for installation and/or repair of a commercial wind energy facility.
COUNTY. The county where the commercial wind energy facility is located.
CROPLAND. Land used for growing row crops, small grains, or hay; includes land which was formerly used as cropland, but is currently in a government set-aside program and pastureland comprised of prime farmland.
DECONSTRUCTION/DECOMMISSIONING. The removal of a commercial wind energy facility
from the property of a landowner and the restoration of that property as provided in the AIMA. The term "deconstruction" and "decommissioning" have the same meaning and therefore, may be interchanged with each other.
DECONSTRUCTION/DECOMMISSIONING PLAN. A plan prepared by a professional engineer, at the commercial wind energy facility owner's expense, that includes:
(1) The estimated deconstruction cost per turbine, in current dollars at the time of filing a building permit, for the commercial wind energy facility, taking into account, among other things:
(a) The number of wind turbines and related commercial wind energy facilities involved;
(b) The original construction cost of the commercial wind energy facilities;
(c) The size and capacity of the wind turbines;
(d) The salvage value of the commercial wind energy facilities;
(e) The construction method and technique for the wind turbines and other commercial wind energy facilities; and
(f) A comprehensive detailed description of how the "facility owner" plans to pay for the deconstruction of the "facility."
FACILITY ABANDONMENT. When no electricity is generated by the facility for a period of 12 months and the facility owner is not undertaking reasonable efforts to repair or decommission the facility.
FACILITY OWNER. A person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility. Also, a person with a direct ownership interest in a commercial wind energy facility, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility.
FINANCIAL ASSURANCE. A reclamation bond or other commercial available financial assurance that is acceptable to the county, with the county as primary beneficiary and the landowners as secondary beneficiaries.
IDOA. The Illinois Department of Agriculture.
MANUAL AND AUTOMATIC CONTROLS. Give protection to power grids and limit rotation of a WECS’ blades to below the designed limits of the conversion system.
NONPARTICIPATING PROPERTY. Real property that is not a participating property in the project.
NONPARTICIPATING RESIDENCE. A residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a special use approval to develop the commercial wind energy facility is filed with the county.
OCCUPIED COMMUNITY BUILDING. Any one or more of the following buildings that is existing and occupied on the date that the application for a special use approval to develop the commercial wind energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center.
PARTICIPATING PROPERTY. Real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, or supporting facilities.
PARTICIPATING RESIDENCE. A residence that is located on participating property and that is existing and occupied on the date that an application for a special use approval to develop the commercial wind energy facility is filed with the county.
PRIME FARMLAND. Agricultural land comprised of soils that are defined by the USDA Natural Resources Conservation Services (NRCS) as being "prime" soils (generally considered the most productive soils with the least input of nutrients and management).
PROFESSIONAL ENGINEER. An engineer licensed to practice engineering in the State of Illinois, and who is determined to be qualified to perform the work described herein by mutual agreement of the county and the "facility owner."
PROTECTED LANDS. Real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
SUPPORTING FACILITIES. The transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility.
SOIL AND WATER CONSERVATION DISTRICT (SWCD). A local unit of government that provides technical and financial assistance to eligible landowners for the conservation of soil and water resources.
TENANT. Any person lawfully residing or leasing/renting land that is subject to an underlying agreement.
TOWER HEIGHT. The height measured from the top of a wind tower's foundation to the tip of the blade at its highest point.
UNDERLYING AGREEMENT. The written agreement with a landowner(s) including, but not limited to, an easement, option, lease, or license under the terms of which another person had constructed, constructs or intends to construct a commercial wind energy facility on the property of the landowner.
UNDERGROUND CABLE. Electrical power lines installed below grade to be utilized for conveyance of power from the wind turbines to the substation.
USEFUL LIFE. A "facility" will be presumed to have no remaining "useful life" if: no electricity is generated for a period of 12 months and the facility owner is not undertaking reasonable efforts to repair or decommission the facility or the "facility owner" fails, for a period of six consecutive months, to pay the landowner amounts owed in accordance with the underlying agreement.
WIND ENERGY CONVERSION SYSTEM (WECS). Any device such as a wind charger, windmill, or wind turbine that converts wind energy to a form of usable electrical energy.
WIND TOWER. The wind turbine tower, nacelle, and blades.
(Prior Code, 7 TCC 3-2) (Res. LU-23-09, passed 5-31-2023)