A. Small Wind Energy Systems (SWES) Building Permit Application Requirements:
1. Zoning Districts: One SWES may be allowed on a lot in any zoning district subject to the issuance of a conditional use permit, provided that all building permit requirements and general regulations are met, as defined in the village of Wadsworth building and zoning codes and in this section below. No SWES shall be permitted on residentially zoned or used properties containing less than three (3) acres (120,000 square feet) in area.
2. Project Proposal:
a. Name, address and phone number of owner and applicant.
b. Photos of existing conditions for proposed SWES tower.
c. Project summary including the manufacturer information, number of proposed turbines, and proposed height to the top of the turbine.
3. Engineering:
a. Manufacturer's engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production (see sound level standards below).
b. For turbines greater than twenty (20) kilowatts of nameplate capacity, an Illinois licensed structural engineer's seal shall be required.
c. All SWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.
d. Each SWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
4. Braking Systems:
a. SWES facilities shall be equipped with automatic and manual braking systems.
b. The owner shall be required to immediately cease operations as reasonably requested by the village of Wadsworth.
5. Soil Studies: Turbines greater than one hundred feet (100') total height or greater than five thousand (5,000) pounds structural weight shall require a soil analysis at base of the tower and a stamped drawing by an Illinois licensed structural engineer. Structural weight shall be defined as the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation.
6. Insurance: Proof of homeowner, farm or business insurance, as appropriate.
7. Electric Utility: Approval letter from the local electric utility company, if the system is to be connected to the energy grid.
8. Wildlife Impacts:
a. For proposed SWES over one hundred twenty five feet (125') in height, the applicant shall request a natural resource inventory of the proposed small wind facility area from the Lake County soil and water conservation district.
b. For SWES over one hundred twenty five feet (125') in height, the applicant shall consult with the Illinois department of natural resources and the U.S. fish and wildlife service on all proposals for small wind facilities regarding potential impacts from the proposed facility on sensitive natural resources. Proof of such consultations shall be provided to the village.
c. For SWES over one hundred twenty five feet (125') in height, located within one thousand feet (1,000') of a Lake County forest preserve property or Illinois natural area inventory lands, the applicant shall provide notice to the appropriate agency(ies); proof of such notices served shall be provided to the village.
d. The village may develop an environmental plan for the applicant to mitigate any adverse impacts, based on any environmental studies and determination from consultation and noticed parties, as available.
B. Site Planning And Site Capacity (SWES):
1. Site Plan: Site plan, drawn to scale, including:
a. Existing and proposed contours, at a minimum of two foot (2') intervals.
b. Location, setbacks, exterior dimensions and square footage of all structures on the owner's property and abutting properties within one hundred feet (100').
c. Location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, storm sewer systems, field drain tiles, water distribution systems, septic fields and wells. A property alteration permit issued by the Lake County health department may be required.
d. Location of any overhead or underground power lines and utility easements.
e. The locations and the expected duration of shadow flicker caused by the SWES facility.
2. Setbacks:
a. Setbacks shall be measured from the base of the SWES tower.
b. SWES facilities may not be constructed within or over (including the blades) any utility, water, or sewer easement, or any other easement or right of way.
c. SWES facilities may not be constructed within fifty feet (50') of all water bodies and wetlands and one hundred feet (100') of high quality aquatic resources.
d. SWES facilities shall be set back a distance equal to one hundred ten percent (110%), or 1.1 times the system height, from base to all property lines, third party transmission lines, and communication towers.
e. The blade tip, at its lowest point, shall have ground clearance of not less than fifteen feet (15').
f. Guywires and anchoring systems shall not extend closer than thirty feet (30') from the property line or public right of way.
3. Height:
a. Unless otherwise specified, the system height for SWES shall be as follows:
(1) SWES on residentially zoned or used properties between three (3) acres (120,000 square feet) and five (5) acres (200,000 square feet) shall be limited to sixty feet (60') in height.
(2) SWES on residentially zoned or used properties over five (5) acres (200,000 square feet) shall be limited to one hundred twenty five feet (125') in height.
(3) SWES on nonresidentially zoned or used properties shall be limited to one hundred seventy five feet (175') in height; provided, however, that SWES facilities on nonresidentially zoned or used properties that are located within five hundred feet (500') of a residentially zoned or used nonparticipating property shall be further limited to one hundred twenty five feet (125') in height. Rezonings and subsequently constructed residences shall not compromise the existing approval and operation of the SWES, as a legal nonconforming use, subject to the applicable regulations.
b. WES facilities exceeding one hundred seventy five feet (175') in height shall be considered large wind energy systems (LWES).
4. Accessory Use:
a. The primary purpose of the SWES shall be the production of energy for local distribution and consumption.
b. SWES facilities shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes.
c. It is permissible to sell excess energy that is produced by an SWES to the local electric utility company.
C. Additional Standards (SWES):
1. Installation:
a. SWES facilities must be installed according to manufacturer specifications.
b. Electrical connections must be made by a licensed electrician.
c. SWES facilities shall be located behind the primary building/structure on the property and shall not be located in the front (in relation to the front building line) of the primary building/structure on the property.
2. Shadow Flicker: The SWES' shadow flicker shall not fall on any residential building. Further, shadow flicker shall not fall within the buildable areas (as defined by current zoning setbacks) of nonparticipating properties that are residentially zoned or used at the time of approval for more than fifty (50) hours in a calendar year. The owner must commit to a schedule for turning the turbine off during period exceeding that limit.
3. Sun Glint: SWES' surface finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the system.
4. Electronic Interference: SWES facilities shall not violate federal communication commission (FCC) or state or local laws by causing electromagnetic interference with communication systems. The determination of degradation of performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute Of Electrical Engineers, the Institute Of Radio Engineers and Electrical Industries Association.
5. Signage:
a. No SWES shall have any advertising material, writing, picture, or signage other than warning, turbine tower identification, or manufacturer or ownership information.
b. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, but not including meteorological/weather devices.
c. One warning sign, no less than eighteen (18) square inches and no greater than two (2) square feet in area, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and 911 and the phone number of the owner to call in case of emergency.
d. Manufacturer's identification or ownership information signs shall be no larger than one square foot.
6. Climb Prevention: The base of the tower shall not be climbable for a vertical distance of fifteen feet (15') from the base, unless enclosed with an eight foot (8') tall locked fence.
7. Lighting:
a. SWES facilities shall not be artificially lighted, except as required by the federal aviation administration (FAA) or necessary for workers involved in maintenance or repairs. Any required lighting shall be shielded so that no glare extends beyond the property line of the facility.
b. Security lighting and any emergency lighting should be kept to the minimum required.
c. To reduce potential wildlife impacts, the facility should employ only red, or dual red and white strobe, strobelike, or flashing lights, not steady burning lights to meet FAA requirements for visibility lighting of wind turbines, permanent meteorological towers and communication towers.
D. Maintenance, Complaints And Decommissioning (SWES):
1. Maintenance And Complaints:
a. SWES facilities shall be maintained in operational condition at all times, except for reasonable maintenance and repair outages.
b. Should an SWES become inoperable, or should any part of the SWES become damaged, or should an SWES violate a permit condition, the owner shall cease operations immediately and remedy the condition promptly.
2. Decommissioning Plan:
a. If an SWES has not been in operable condition and has been abandoned as defined by this chapter, the village of Wadsworth zoning officer shall notify the owner of the finding of abandonment. The owner shall remove all SWES structures within ninety (90) days of receipt of notice.
b. If such abandoned facility is not removed within ninety (90) days, the village of Wadsworth may remove all structures at the owner's expense. In the case of such removal, the village of Wadsworth has the right to file a lien against the property for reimbursement, following reasonable notice to the owner, to pay for the removal of the facility. Any and all expenses incurred by the village of Wadsworth as part of this effort, which include, without limitation, facility removal costs, attorney fees, accrued interest and recording costs may be sought after by the village.
c. Upon removal, the site shall be restored to its original preconstruction condition. See photos presented with project proposal.
E. Historic Districts And Landmarks: SWES facilities within a local historic district or landmark, a state historic district or landmark or a national historic district or landmark must receive a recommendation from the plan commission and approval by the village board prior to any permit being issued for said facility(ies). Approval letters from state or nationally recognized historic preservation agencies may be required. (Ord. 2010-816, 5-18-2010)