(A) All utility-scale wind energy conversion systems (U-SWECS) are prohibited in all zoning districts except the Agricultural District and then only if allowed as a special use.
(B) Special use permit application requirements.
(1) The applicant for a U-SWECS special use shall file 25 copies of the application, including ten full size copies with exhibits and 15 reduced copies of all exhibits with the city together with the appropriate application and site review fees. The applicant may be required to provide additional copies of the application to the city upon request.
(2) Any executed community benefit agreement and/or host agreement shall be appended to, and included as part of any U-SWECS special use application filed with the city. The content of said community benefit agreement and/or host agreement will be discussed and negotiated between the applicant and the city's appointed counsel and/or representatives and will address the issues including, but not limited to, payments in lieu of taxes, economic issues, renewable energy credit sharing, carbon credit sharing, reimbursement of city expenses including consultants, experts, and outside attorneys' fees. The existence of an executed community benefit agreement and/or host agreement or the lack thereof shall not in any way obligate, preclude, assure or guaranty that any zoning or building permit shall or shall not be issued.
(3) Site plan showing the following:
(a) Subject property. Survey of property or properties including any and all existing and proposed structures on the property such as buildings, U-SWECS towers, substations, and service roads.
(b) A depiction of the distance of the U-SWECS to nearest structure and residential dwellings.
(c) Setback requirements.
(d) Any floodplains or wetlands on the subject property.
(e) Any existing or proposed roads and driveways.
(f) Routes to be utilized for transportation of components of U-SWECS.
(g) Location, height and dimensions of all existing and proposed structures and fencing on the subject property.
(h) Any easements or above-ground utilities on the subject property.
(i) Surrounding zoning and uses within 3,500 feet of the subject property including any existing structures.
(j) All existing proposed underground or above ground utilities.
(k) All rights of way, wooded areas, and public conservation lands on the subject property.
(l) Ingress and egress from the site as proposed during construction thereafter which indicates the proposed road service and cover, dust control measures, the width and length of access routes.
(m) Certify easements, contracts, waivers, and option agreements for proposed use of the land.
(n) Utility inter-connection details and a copy of written notification of the utility company requesting the proposed interconnection.
(o) A description of the hours of operation for construction of the maintenance of the facility, the number of employees expected during construction and after construction is completed, and the type of traffic expected to be generated at the site during construction and after.
(4) Project proposal that includes the following:
(a) Name, company, address and phone number of the owner, developer or any other interested party and participating landowner. The applicant shall describe its legal standing as to whether it is a corporation, limited liability company, individual or other legal entity and shall identify its officers and directors, shareholders and members. It shall also identify its parent and subsidiary companies. The same information shall be provided for all owners and operators of the U-SWECS system. Proof must be included that the applicant has legal authority to bring the application in the name of any participating landowner, owner, operator or other interested party.
(b) Project summary including the nameplate generating capacity; equipment manufacturer; type and number of U-SWECS.
(c) Proposed maximum height for each electric-generating wind device and the diameter of each U-SWECS rotor.
(d) Evidence that the site is suitable and feasible for a U-SWECS.
(e) Certification that all electronic equipment conforms to all applicable city, state and national codes.
(f) An agreement indemnifying and holding harmless the city and its officials from and against any and all claims, demands, suits, causes of action, damages, injuries, costs, expenses, and liabilities, including attorney fees, arising from the approval and construction of the wind farm facility.
(g) Proof that the wind farm facility shall be operated without offensive noise, vibration, dust, smoke, odor, glare, lighting, risk of fire, explosion or other accident and shall not be detrimental to the public health, safety and/or general welfare of the immediate neighborhood or community at large.
(h) An avian and wildlife impact analysis.
(i) An environmental impact study.
(j) Noise. A modeling analysis of the proposed site shall be included in the application performed by a third party independent professional approved by the City Administrator which model shall predict the sound pressure levels at all properties in the footprint and within two miles of a U-SWECS. To demonstrate compliance with the Illinois Pollution Control Board regulatory limits the modeling must be performed at the property line of the receiving property. A nighttime baseline sound pressure study must be done at all nonparticipating properties within one mile of a proposed U-SWECS before construction commences.
(5) Property value protection plan. A plan shall be included to protect the property values of any non-participating real property owner within two miles of a U-SWECS tower or substation. Any such plan is subject to approval by the city.
(6) Federal and state law compliance. The applicant shall provide evidence that the U-SWECS meets or exceeds any and all standards and regulations of any agency, state or federal government with authority to regulate U-SWECS including, but not limited to, providing a determination that the proposed structure(s) are compliant with all FAA regulations and do not interfere or present a hazard to any public or private aircraft.
(7) Emergency services plan shall be included which provides:
(a) Emergency shutdown procedures.
(b) A street address for each electric generating wind device and such address shall be prominently displayed along the road in front of the facility.
(c) A plan for appropriate warning signs and safety procedures including locking portholes and climbing prevention techniques.
(d) A formal education plan with all emergency service providers involved in the administration of emergency services to the site(s).
(8) Shadow flicker study. The applicant shall have a third party qualified professional approved by the city conduct an analysis on the potential shadow flicker on the non-participating properties and public roadways within two miles of any U-SWECS. The analysis shall identify locations of shadow flicker that may be caused by the project and any expected durations of flicker at these locations from sunrise to sunset over the course of a year. The analysis shall include measures to eliminate or mitigate these problems at the residences of non-participating landowners impacted by the shadow flicker. The application shall include the certification from the third party qualified professional that there shall be no more than ten hours per year in shadow flicker on any non-participating landowners property unless waived by the landowner. The study is subject to approval by the city.
(9) Project proposal road use plan. The application shall include a road use plan that shall identify the city, township, and county roads which will be used for construction, maintenance and transportation of supplies for the U-SWECS. All routes for egress and ingress need to be shown and identified. The routing shall be subject to approval of the designated Villa Grove representative. The applicant shall provide a pre-construction baseline survey performed by a qualified engineer approved by the city, to determine existing road conditions for assessing potential future damage due to U- SWECS related traffic. If any damage or change to the roadways will occur, a road use agreement must be entered into and approved by the city or its designated representative. The applicant's road use plan must ameliorate any and all damage, installation or placement of roads that might be required. The road use agreement must be executed by all parties and require that applicant provide cash, an escrow account, bond or other financial assurance in an amount and form approved by the City of Villa Grove to cover all potential future damage. Any road construction or repair shall be completed in accordance with recognized standards for road construction that are subject to the approval of the city's designated engineer or representative. If the city determines at any time that any road construction or repairs have not been completed in accordance with these recognized standards, the applicant will be responsible for correcting the work to the satisfaction of the city's designated engineer or representative. Any vehicle that will exceed the maximum allowable weight to a city roadway will only be permitted upon the entry of a roadway agreement recommended by the city or designated representative.
(10) Drainage plan. The application shall include a drainage plan which provides that any damage to waterways, drainage ditches, field tiles or any other infrastructure caused by construction or maintenance of the U-SWECS shall be completely repaired to near original condition so as not to impede the natural flow of water. The plan shall provide that all repairs will be completed within seven days unless otherwise agreed to by the city and affected landowners. The plan must provide that the WECS owner will notify the city or its designated representative when the construction of any part of the project encounters underground field and drainage tiles and will provide proposals for remediation which will be subject to the approval of the city or its designated representative. The plan shall provide that all existing drainage tiles will be crossed by private access roads shall be removed and replaced with load resistant tile. The plan shall further provide that financial assurances will be posted in the form of cash, an escrow account, surety bond or letter of credit in a form and amount acceptable to the city to assure compliance with the drainage plan.
(11) Decommissioning plan. The applicant shall provide a decommissioning plan for the U-SWECS in the event that any U-SWECS are taken out of service, abandoned or become inoperable. If a U-SWECS is out of service or not producing electrical energy for a period of three months, it will be deemed non-operational and decommissioning removal of that facility will need to commence according to the provisions approved by the City of Villa Grove. The decommissioning plan shall at a minimum provide that the U-SWECS will be removed within 90 days of the U-SWECS being deemed non-operational and that:
(a) All wind turbines, above-ground improvements, including access roads, and outside storage will be removed and soils returned to preconstruction condition.
(b) Foundations, pads and underground electrical wires will be reclaimed to a depth of eight feet below the surface of the ground.
(c) Hazardous material from the property will be disposed of in accordance with federal and state law.
(d) Cost estimates will be provided of the decommissioning facility prepared by a professional engineer or contractor who has expertise in the removal of U-SWECS and is approved by the City Administrator or its appointed representative. The decommissioning cost estimate must explicitly detail the cost before considering any projected salvage value of out of service U-SWECS.
(e) The decommissioning plan must provide that there shall be a decommissioning agreement executed by the applicant and the city which provides financial assurances posted in favor of the city and as approved by the city in cash, escrow account, surety bond, performance bond or irrevocable letter of credit before any construction commences.
(f) The decommissioning plan must include a restoration plan to identify how the site will be restored to its original condition or improved.
(12) Complaint resolution plan. The applicant shall develop a process to resolve any complaints that may arise from neighboring property owners or non-participating landowners during the construction and operation of the U-SWECS. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint that is received. The process shall not preclude the local government from acting on a complaint.
(13) Application fee and cost reimbursement. Each U-SWECS application shall include a $50,000 non-refundable application fee which may be used to reimburse any city personnel, outside consultants, engineers or attorneys needed to review the application. The applicant must also acknowledge that it will be responsible for the reimbursement of any such reasonable fees and costs which exceed the $50,000 application fee.
(14) Outdoor storage. Only the outdoor storage of materials, vehicles and equipment that directly support the operation and maintenance of the wind farm facility shall be allowed with the exception of outdoor storage that is expressly allowed in the zoning district as specified herein. The city shall have the discretion in determining whether the outdoor storage is in compliance with this provision. In any event all outdoor storage areas shall be paved with a bituminous surface and fenced to prevent viewing from adjoining properties and uses.
(15) Each U-SWECS shall be marked with a visible identification number to assist with provision of emergency services, and the applicant shall file with the appropriate local fire protection district and police department, a wind farm facility map identifying wind turbine locations and numbers.
(16) Electrical components. All electrical components of the wind farm facility shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g. ANSI and International Electrical Commission).
(17) Controls/brakes. All wind towers shall be equipped with a redundant braking system. This includes both aerodynamic overspend controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspend protection.
(18) Shadow flicker. The U-SWECS shall not cause shadow flicker in excess of ten hours annually at the residences or commercial buildings of any non-participating landowner properties unless waived by the landowner.
(19) Noise. Noise levels must comply with the Illinois Pollution Control Board Regulations. After the U-SWECS are constructed and operational, a third party shall complete a sound pressure analysis of the existing conditions. This analysis shall be completed and returned to the City of Villa Grove within 60 days. The applicant, owner or operator must immediately cease any violation of the Illinois Pollution Control Board regulations unless those violations are excused and waived in writing by the effected landowner and occupant and in no event shall U-SWECS exceed five decibels above the night-time baseline sound pressure levels as identified in the preconstruction study. All analyses and studies are subject to the approval of the city.
(20) Signal and electromagnetic interference. U-SWECS shall not be installed at any location where its proximity to existing fixed broadcast, retransmission, reception antennas for radio, Doppler radar systems, weather warning systems, television or wireless phone or other personal communication systems would otherwise produce electromagnetic interference with the signal transmission or otherwise negatively impact reception unless the applicant provides a replacement signal for the affected party that would restore reception to at least the level present before the operation of the U-SWECS. U-SWECS shall not be installed within the line of site of an existing microwave communications link or Doppler radar or weather warning system unless the interference is insignificant to be reasonably determined by the city.
(21) Waste disposal. All solid waste generated from including, but not limited to, supplies, equipment, parts, packaging or operation of the facility shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste which is generated by the facility, including, but not limited to, lubricating materials shall be removed consistent with all local, state and federal rules and regulations.
(22) Conformance industry and code standard/engineer certification. The U-SWECS shall comply with all applicable local and county codes for the electrical, mechanical and structural components of the facility. All documents provided for review shall be stamped and signed by a professional engineer.
(23) Operation and maintenance inspections. Each owner, operator or successor in interest shall have the facility inspected annually by a third party qualified wind power professional at their own expense. The third party qualified wind power professional shall be subject to the approval of the city or its designated representative. Within 15 days of the inspection a copy of any report must be provided to the city. U-SWECS may not operate unless a certificate is provided to the city indicating the annual maintenance has been completed and the facility is in good working condition. Failure to provide this certification may cause the revocation of the special use permit.
(C) Size regulations.
(1) Maximum height. Total height of the U-SWECS tower with blade or meteorological tower used in conjunction with the U-SWECS shall not exceed 500 feet.
(2) Minimum lot size. Forty acres for U-SWECS and 1,000 acres (any combination of rented, owned, or leased property) for a wind farm.
(3) The blade tip or any rotor of each U-SWECS shall, at its lowest point, have ground clearance of no less than 75 feet.
(Ord. 2021-MC03, passed 2-8-2021)