Commercial wind energy facilities may be approved as a special use (See § 155-16.40) in the A-1 zoning district and I-1, I-2, and I-3 Industrial zoning districts and are subject to compliance with the following regulations. (See § 155-10.10(G), Accessory wind energy systems for any wind energy system less than 500 kilowatts in total nameplate generating capacity.)
(A) Minimum lot area. The minimum lot area requirement for a commercial wind energy facility is 1,000 acres, which may include rented, owned, or leased property.
(B) Maximum height. Electric-generating wind devices may not exceed 500 feet in height, measured to the blade tip of the rotor at its highest point.
(C) Minimum setbacks. Unless waived by written consent by each affected non- participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e), excepting division (C)(6) of this section:
(1) Electric-generating wind devices must be set back from the property lines of:
(a) Any United States Fish and Wildlife area and/or Illinois Nature Preserve Commission lands a distance of at least 210% of the device height.
(b) All other property lines a distance of at least 1.1X the device height.
(2) No portion of an electric-generating wind device may be located within of at least 2.1X the device height of any off-site residential dwelling units or occupied community buildings in existence at the time of the special use permit application for the commercial wind energy facility is filed.
(3) No portion of an electric-generating wind device may be located within of at least 1.10X the device height of any on-site residential dwelling for the commercial wind energy facility is filed.
(4) Each electric-generating wind device must be set back from above-ground public electric power lines, telephone lines, and cable television lines a distance of 1.1X of the device height.
(5) No portion of an electric-generating wind device may be located within of at least 1.1X the device height of any public road rights-of-way.
(6) No building, base, or foundation of an electric-generating wind device or other structure of the commercial wind energy facility may be located within 1.5 miles of a municipal border units in existence at the time of the special use permit application is filed.
(D) Ground clearance. The blade tip of any rotor must, at its lowest point, have ground clearance of at least 75 feet.
(E) General regulations.
(1) All climbing apparatus must be located at least 15 feet above the ground, and the tower must be designed to prevent climbing within the first 15 feet above the ground or base.
(2) Electric-generating wind device rotors, towers and turbines must be painted a non-reflective, non-obtrusive color.
(3) The design of all buildings and related structures must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that reflects the natural setting and the existing environment. The use of earthen berms may be used by the applicant but are explicitly not required by the county as a condition of any Special Use Permit.
(4) Commercial wind energy facilities may not be artificially illuminated, except to the extent required by the FAA or other applicable authority.
(5) Wind turbines may not be used for displaying and advertising except for reasonable identification of the manufacture or operator of the commercial wind energy facility.
(6) Electrical controls and control wiring and power-lines must be wireless or not above-ground except where commercial wind energy facility wiring is brought together for connection to the transmission or distribution network, adjacent to that network.
(7) All access doors and gates to wind turbine towers and electrical equipment must be lockable.
(8) Each electric-generating wind device tower must be marked with a visible identification number to assist with provision of emergency services, and the permitee must file with the appropriate local fire protection district and sheriff's police, a commercial wind energy facility map identifying wind turbine locations and numbers.
(9) Warning signs concerning voltage must be posted on the base of each tower, electrical equipment, and at the entrance to any commercial wind energy facility site.
(10) If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road district, or other unit of local government relating to a commercial wind energy facility, the road use agreement shall require the facility owner to be responsible for:
(a) The reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility, and
(b) The reasonable cost of repairing roads used by the facility owner during construction of the commercial wind energy facility so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction.
Roadways improved in preparation for and during the construction of the commercial wind energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.
The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the commercial wind energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner shall be reasonably related to the cost of administration of the road use agreement.
(11) The permitee must promptly replace or repair all drainage tiles, fences or gates removed or damaged during all phases of the commercial wind energy facility’s life, unless otherwise negotiated with the affected landowner.
(F) Application requirements. The following items must be submitted with the special use permit application:
(1) Site plan showing the following:
(a) Survey of property or properties included in the proposal.
(b) Include distance to nearest residential dwelling.
(c) Setback regulations of the zoning district.
(d) Setback regulations for each electric-generating wind device tower.
(e) Any floodplain or wetland on the property.
(f) Any existing or proposed roads.
(g) Location, height and dimensions of all existing and proposed structures and fencing.
(h) Any easements or above-ground utilities on the property.
(i) Surrounding zoning and uses within 1,320 feet of the property.
(2) A project proposal that includes the following:
(a) Name, company, address and phone of the owner, developer or any other interested party.
(b) Project summary including the nameplate generating capacity; equipment manufacturer; type of electric-generating wind device and number of electric-generating wind device; the nameplate generation for each electric-generating wind device.
(c) Maximum height and ground clearance for each electric-generating wind device.
(3) An avian and bat habitat study completed by an ornithologist, chiropterologist, or wildlife biologist if not addressed within an EcoCAT report and recommendations as provided in division (F)(8) of this section.
(4) Proof of compliance with noise regulations of the Illinois Pollution Control Board.
(5) Determination by the Federal Aviation Administration that the proposed structures do not interfere with or present a hazard to any public or private aircraft.
(6) Agricultural Impact Mitigation Agreement (AIMA). The facility owner shall execute
an Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture. The facility owner shall file a copy of the signed AIMA to the County of Will prior to the public hearing. Financial assurance shall be provided to the county in accordance with the AIMA.
(7) Certification, affidavit by an Illinois licensed profession engineer, or other evidence of industry standard computer modeling that indicates any occupied community building or off-site residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions, unless waived by written consent by each affected non- participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e).
(8) The results and recommendations from consultation with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool.
(9) The results of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool.
(10) Evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts if any state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act are present on-site or in the vicinity.
(G) Signal interference. The permitee must minimize or mitigate any interference with electromagnetic communications, such as radio, telephone or television signals caused by any commercial wind energy facility.
(H) Test wind towers.
(1) For the purpose of gathering information, wind generation test wind towers may be erected without obtaining a special use permit.
(2) Test wind towers may not exceed 500 feet in height, as measured to the tip of the rotor in its highest position.
(3) Test wind towers must be dismantled within three years of installation.
(4) Test wind towers must be set back from all property lines a distance that is equivalent to 125% of the test wind tower height.
(5) Building permit applications for test wind towers must be accompanied by standard drawings of the structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the adopted county building codes and certified by an Illinois licensed professional structural engineer must be submitted. A valid first generation seal is required.
(Ord. effective 10-1-2012; Ord. 23-70, passed 3-16-2023)