In addition to meeting any other applicable requirements in this chapter, wind energy conversion systems shall be constructed in accordance with the restrictions set forth in this section.
(A) Wind energy conversion structure height and rotor blade diameter restrictions. The height of a wind energy conversion structure and the diameter of the motor blade shall not exceed the following restrictions for various uses and zoning districts. The height of a wind energy conversion structure shall be measured from ground level to the top of the highest point extended.
(1) For residential zoning districts, the maximum height of a wind energy conversion structure shall not exceed 100 feet. The maximum diameter, as measured from the tip of the rotor or blade to the center of the turbine, multiplied by two, shall not exceed 50 feet.
(2) For any use that is located in a non-residential district and located within 1,000 feet of the boundary of a lot zoned or planned for residential land use, the maximum height of a wind energy conversion structure shall be 100 feet and the maximum diameter of the rotors or the blades shall be 50 feet. For any use that is located in a non-residential district and more than 1,000 feet away from any boundary of a lot zoned or planned for residential use, the maximum height of a wind energy conversion structure shall be 175 feet. The maximum diameter of the rotors or the blades for wind energy conversion systems shall not exceed 100 feet.
(3) Building-mounted wind energy conversion systems in residential zoning districts shall not exceed ten feet higher than the highest point on the roof of the structure it is mounted to.
(B) Setback requirements for wind energy conversion structures. The minimum setback from the property line for any wind energy conversion structure shall be the total height of said structure measured from ground level.
(C) Noise. No wind energy conversion system or combination of wind energy conversion systems on a single parcel shall create noise that exceeds the regulatory standards set by the Illinois EPA Pollution Control Board at any property line where the property on which the wind energy conversion system is located. Measurement of sound levels shall not be adjusted for, or averaged with, non-operating periods. Any wind energy conversion system exceeding this level shall immediately cease operation upon notification by the Mayor or Mayor’s designee and may not resume operation until the noise levels have been reduced in compliance with the required standards and verified by an independent third party inspector.
(D) Multiple wind systems.
(1) Multiple wind systems may be allowed if they meet all regulations as required in this section.
(2) The number of wind turbines on any given parcel of land shall be limited to:
(a) Three wind conversion structures for parcels of land having an area of five acres or less;
(b) Five wind energy conversion structures for parcels of land having an area greater than five acres and not exceeding ten acres; and
(c) There shall be no limit to the number of wind energy conversion structures for parcels of land having an area greater than ten acres.
(3) There shall be no limit to the number of wind energy conversion structures for parcels of land having an area greater than ten acres.
(E) Force wind standards. Wind energy conversion systems must be engineered to withstand wind forces of up to 110 miles per hour.
(F) Removal of nuisance wind systems or turbines.
(1) The wind energy conversion system or individual turbine is hereby declared to be a public nuisance if it has been inoperable to generate any electricity for 180 or more consecutive days.
(2) Upon receipt of written notice from the Mayor or Mayor’s designee that a wind energy conversion system or individual wind turbine has become a public nuisance as defined in subsection (1) above, the owner of a wind energy conversion system and associated facilities shall have 180 days to restore the wind energy conversion system or individual turbine to operating condition and operation for the generation of electricity or remove it from the property, provided that in the event the Mayor or Mayor’s designee determines that, because of its condition, the WECS or individual turbine poses a great and immediate threat to the public health, safety, or welfare, then the village may remove the structure(s) that specifically pose such a great and immediate threat without any prior notice to said owner, assess the owner for all costs incurred for said removal and file a lien for said costs in the manner provided herein.
(3) A written notice of public nuisance described herein may be personally delivered to the owner or authorized agent of the WECS in question, or delivered by first class U.S. mail. A written notice delivered by first class U.S. mail shall be deemed received by said owner three business days after its deposit in the U.S. mail system.
(4) The failure of any owner to comply with the requirements to either restore to operation or remove a public nuisance WECS or individual turbine as provided herein shall be deemed a violation of this Zoning Code and shall be deemed implied consent by said owner to the village to all the village to remove, or hire someone else to remove said wind system or individual turbine, as the case may be, and to charge said owner for the entire cost of said removal. Said cost of removal incurred by the village shall be deemed a lien against the property and the village shall be authorized to file a notice of said line in the Office of the Recorder of Deeds for the cost of removing the wind energy conversion system. Removal of a wind energy conversion system that constitutes a public nuisance shall include removal of the turbines, and any above ground improvements, including fencing.
(5) The village may foreclose upon any lien for removal costs as provided herein in accordance with the procedures for foreclosure of a mortgage in the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15-1101 et seq.
(G) Signage. Commercial marking, messages, banners, or signs of any kind on the wind energy conversion system or tower shall be prohibited.
(H) Tower access. The tower shall not be accessible for climbing. No rungs shall be provided for the first 12 feet of the tower, the climbing apparatus shall be covered, and any other approved preventative measures, which may be applicable.
(I) Color. The exterior color of the wind energy conversion system shall be limited to black, white, off-white and gray and the surface shall be non-reflective.
(J) Lighting. No lights shall be installed on the tower, unless required to meet FAA regulations.
(K) Permit for extra-territorial wind energy conversion systems. An application to site and construct an extraterritorial WECS shall be considered by the village in the same manner as if the applicant had submitted an application for the placement of a WECS within the corporate limits of the village. The applicant, facility owner, operator and any participating landowner with respect to any approved application for an extraterritorial WECS shall be subject to the terms and conditions of this code and any approving ordinance or resolution in the same fashion and to the same extent as if the WECS were located within the corporate limits of the village.
(L) Shadow flicker.
(1) Wind conversion energy systems shall be designed and located to minimize shadow flicker. Shadow flicker expected to fall on a roadway or a residential structure shall be acceptable under the following circumstances:
(a) The flicker, assuming sunlight will not be obscured by cloud cover during the entire course of the year, will not fall on the location of concern for more than 30 hours per year; and
(b) With regards to flicker falling on roadways, the traffic volumes are less than 500 vehicles per day on the roadway.
(2) The applicant shall provide a show flicker model for any wind energy conversion system over 150 feet tall. The shadow flicker model shall demonstrate that the wind energy conversion system meets the stated provisions.
(M) Vibrations. The wind energy conversion structure shall not cause any vibrations detectible by persons without the aid of scientific instruments on any adjacent property.
(N) Tower type. In residential districts, the type of tower a wind turbine may be mounted on shall be restricted to a monopole tower.
(O) Minimum ground clearance. The blade tip of a wind energy conversion system, at its lowest point, shall have a ground clearance of no less than 20 feet.
(P) Electromagnetic interference.
(1) The wind energy conversion system shall not cause any electromagnetic interference with any radio, television, microwave communication or satellite navigation on other properties.
(2) If the wind energy conversion system is found to cause electromagnetic interferences on other properties, the owner shall make any necessary and reasonable changes to the wind energy conversion system within 90 days of notice from the Zoning Administrator, including removal or relocation of the wind energy conversion system to eliminate any electromagnetic interference.
(Q) Proposed wind energy conversion systems.
(1) All proposed wind energy conversion systems which exceed 45 feet in height shall be required to submit a special use permit application in compliance with this chapter.
(2) The proposed special use permit shall meet the following findings of fact:
(a) The proposed wind energy conversion system is designed, located, and proposed to be operated so that it will not be unreasonably injurious or unreasonably detrimental to the district in which it may be located or otherwise injurious to the public welfare. It shall be the applicant’s burden to submit evidence to demonstrate the anticipated impacts of the proposed wind energy conversion system.
(b) Other than height regulations in this subchapter, the proposed use conforms to all the applicable regulations and standards of the district in which it shall be located.
(c) The proposed use is consistent with the Comprehensive Plan.
(3) The issuance of a special use permit for a wind energy conversion system shall only be allowed in the I-1 General Industrial Zoning District or extraterritorial jurisdiction. A special use permit for a wind energy conversion system may be permitted in the extraterritorial jurisdiction only in areas that are 1,500 feet away from any residential land use or areas planned for residential land uses by the village future land use map in the Comprehensive Plan and its subsequent amendments and updates.
(4) The applicant shall submit the following documentation as part of the special use permit application:
(a) A noise study, prepared by a qualified professional, demonstrates that except for intermittent episodes, the wind energy conversion system shall not emit noise in excess of the limits established by the State Pollution Control Board.
(b) A description and map of the project’s noise producing features, including the range of noise levels expects and the basis of the expectation.
(c) A description and map of the noise sensitive environment, including any sensitive noise receptors, such as, residences, hospitals, libraries, schools, places of worship, parks, area with outdoor workers and other facilities, where quiet is important or where noise could be a nuisance within 1,000 feet.
(d) A description and map of the cumulative noise impacts of any problem area identified.
(e) A description of the project’s proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive receptors as identified above to a level of insignificance.
(f) A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure and that establishes that shadow flicker expected to fall on a roadway or a portion of a residentially-zoned parcel may be acceptable if the flicker does not exceed 30 hours per year at the location of concern; and the flicker will fall more than 100 feet from an existing residence; or the traffic volumes are less than 500 vehicles on the roadway that is impacted by the flicker. The shadow flicker model shall:
1. Map and describe within a 1,000-foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, locations of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy and wind directions and speed;
2. Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of houses per year of flicker at all locations; and
3. Identify problem areas where shadow flicker will interfere with existing of future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in citing of the wind energy conversion system, a change in the operation of the wind energy conversion system, or grading or landscaping mitigation measures.
(Ord. 3-20-18, passed 3-20-2018)