(A) Permit application requirements.
(1) Zoning districts. One SWES shall be allowed on a lot as a permitted use in any zoning district within the village, except for residentially-zoned lots, and within the one and one-half-mile radius of the village, provided that all building permit requirements and general regulations are met, as provided in the village code of ordinances, including in this subchapter of the village’s zoning ordinance. A special use permit shall be required for any additional SWES on a lot. SWES facilities shall not be a permitted use on residentially-zoned property.
(2) Project proposal.
(a) A permit application shall include the name, address and phone number of owner and applicant; photographs of the proposed location of the SWES; a project summary including the manufacturer information and number of proposed turbines; and a front elevation depiction showing the location and proposed height of the top of the turbine, including distances related to setback provisions contained herein.
(b) The permit application shall also provide proof of the following, through documentation such as a guarantee from the manufacturer or an engineer, or other documentation that reasonably satisfies the Zoning Officer:
1. The SWES is designed to withstand a minimum wind velocity of 100 mph, with an impact pressure of 40 pounds per square foot;
2. The SWES conforms 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;
3. SWES facilities are equipped with automatic and manual braking systems;
4. Proof of homeowner or business liability insurance, covering the SWES, as appropriate; and
5. Approval letter from the local electric utility company, if the system is to be tied to the energy grid.
(B) Additional installation and use regulations.
(1) Installation.
(a) SWES facilities must be installed according to manufacturer specifications.
(b) SWES devices may be free-standing or structurally attached either on the roof or side of a building.
(c) Electrical connections must be made by a licensed electrician.
(d) SWES facilities may be located on accessory buildings or structures, provided that all setback and other regulations are satisfied.
(2) Height. SWES facilities may extend up to a height of 45 feet above the ground (at their highest point, including the top of the blade), whether or not they are mounted on a building. The blade tip, at its lowest point, shall have a ground clearance of at least ten feet.
(3) Sound levels.
(a) The average sound level from a SWES shall not exceed 55 dB(A) during daytime hours or 45 dB(A) during nighttime hours at any point within neighboring, residentially zoned or used property. For neighboring industrial properties the sound level limit is 65 dB(A) and for other neighboring nonresidential properties, the sound level limit is 60 dB(A) at any time of the day.
(b) Sound level meters used for sound measurement must be a Type 2 or better grade per ANSI S1.4 and must have an integrating feature that meets ANSI S1.43. Procedures must meet the applicable portions of ANSI S12.9. Measurements must be made when ground level winds do not exceed five mph.
(c) The village may require, at the owner’s expense, field tests or sound propagation modeling, conducted by or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering as may be necessary, to determine whether a violation of said sound regulations is occurring or has occurred. The owner shall be promptly remedy any such violations or discontinue operation. The village shall have discretion as to whether to require such a test, and shall not be required to do so simply because a resident or neighbor requests that it be done.
(4) Shadow flicker. The SWES shall be positioned such that shadow flicker will not fall on any window of an existing residential dwelling of a nonparticipating property for more than one hour a day. The owner may commit to a schedule for turning SWES turbines off during periods when shadow flicker would so affect any nonparticipating property. Subsequently constructed or modified residences shall not compromise the existing approval and operation of the SWES, as a legal nonconforming use, subject to the applicable regulations.
(5) Silhouette. The diameter of the SWES shall not exceed 20% of the width of the building’s front elevation for property abutting residentially used properties.
(6) Color and sun glint. SWES facilities shall be finished in a neutral color, as approved by the Zoning Officer. The 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.
(7) Electronic interference. SWES facilities shall not operate so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, contrary to Federal Communication Commission (FCC) or other state or local laws.
(8) Signage. No SWES may have any advertising material, writing, picture, flags, decorations or signage, other than warning information or manufacturer identification.
(9) Energy production. The primary purpose of the SWES shall be the production of energy for local distribution and consumption. SWES facilities shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes. It is permissible to sell excess energy that is produced by a SWES to the local electric utility company.
(10) Setbacks. All parts of the structure of the SWES shall be set back a distance equal to or exceeding 1.1 times the height of the SWES, as measured from its base (where mounted) and extending to the furthest point of the SWES, whether such extension is vertical, horizontal or diagonal, from all adjacent property lines, road rights-of-way, transmission lines and communication towers.
(C) Maintenance and decommissioning.
(1) Maintenance. SWES facilities shall be maintained in operational condition at all times, except for reasonable maintenance and repair outages. Should a SWES fall from operational condition, or should any part of the SWES become damaged, or should a SWES violate a permit condition or this subchapter, the owner shall cease operations immediately and remedy the condition promptly.
(2) Decommissioning.
(a) If a SWES has not been in operable condition and has been abandoned as defined by this chapter, the village’s Zoning Officer shall notify the owner of the finding of abandonment. The owner shall remove all SWES structures within 90 days of receipt of the finding of abandonment.
(b) If such abandoned facility is not removed within 90 days, the village may remove all structures at the owner’s expense. In the case of such removal, the village 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(ies). Any and all expenses incurred by the village as part of this effort, which include without limitation, facility removal costs, attorney’s fees, accrued interest and recording costs may be sought after by the village.
(c) Upon removal, the site shall be restored to its original pre-construction condition. See photos presented with project proposal.
(D) 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 Planning 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. 2012-216, passed 2-16-2012)