It is the purpose of this chapter to regulate the location, installation, and maintenance of wind energy conversion systems. The promotion of safe, effective and efficient use of wind energy systems will be balanced against the need to preserve and protect public health, safety and welfare. (Ord. O-9-17-3, 9-18-2017)

APPLICANT: The person or entity filing an application under this chapter.

BUILDING MOUNTED: A wind energy conversion system that is mounted to the roof or part of a house or building.

COMMERCIAL WIND ENERGY SYSTEM: A wind energy conversion system (WECS) or combination of wind energy conversion systems that is designed to have a capacity in excess of the amount needed for residential and agricultural uses and that has a combined nameplate capacity of greater than one hundred kilowatts (100 kW).

DROP LINE: The area surrounding the wind energy conversion system where the tower would land if it were to fall.

MAST MOUNTED: Freestanding wind energy conversion system that is located near the building(s).

OWNER: The individual or entity that intends to own and operate the wind energy system in accordance with this chapter.

SMALL WIND ENERGY SYSTEM (NONCOMMERCIAL): A wind energy conversion system consisting of a wind turbine, a tower, and associated controls or conversion electronics, which has a rated capacity of not more than one hundred kilowatts (100 kW) and which is intended to primarily reduce on site consumption of utility power.

TOTAL HEIGHT: The vertical distance from ground level to the center of the hub.

TOWER: Monopole structures only.

WIND TURBINE: A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer. (Ord. O-9-17-3, 9-18-2017)

In addition to those requirements specified in section 9-14-12 of this title, the following minimum requirements shall be met before a special use permit is granted to an applicant:

   (A)   Commercial Wind Energy Conversion Systems:

      1.   Building Permit: All wind energy conversion systems require a building permit prior to the initiation of construction. Owners must comply with all applicable building codes adopted by the Village. A set of drawings and engineering analysis that conforms to manufacturer's standards, which has been certified by a licensed professional engineer, shall be submitted with the building permit application.

      2.   Climb Prevention: All WECS project towers or poles must be unclimbable by design or protected by anticlimbing devices such as:

         (a)   Fences with locking portals at least six feet (6') high; or

         (b)   Anticlimbing devices twelve feet (12') from base of pole.

      3.   Color: Towers and blades shall be painted a nonreflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible. Advertising, streamers and printing are prohibited.

      4.   Compliance With Additional Regulations: It shall be the responsibility of the person in charge of the WECS project to contact the FCC and FAA regarding additional permits necessary or any other applicable Federal or State regulations for the installation of a WECS project prior to the public hearing before the Plan Commission. The WECS projects shall be UL approved and ASEE certified or the equivalent.

      5.   Compliance With FAA: It shall be the responsibility of the person in charge of the WECS project to complete the proper FAA applications and obtain the proper permits for the WECS project. It shall also be the responsibility of the person in charge of the WECS project to obtain a determination of no significant impact to air navigation from the FAA.

      6.   Controls And Brakes: All WECS projects shall be equipped with manual and automatic controls and mechanical brakes to limit rotation of blades to a speed below the designed limits of a WECS. For purposes of this section, "manual and automatic controls" mean controls which give protection to power grids and limit rotation of a WECS' blades to below the designed limits of the conversion system. The professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from the certified design shall be permitted unless accompanied by a professional engineer's or the authorized factory representative's statement of certification.

      7.   Design Safety Certification: The safety of the design of all WECS towers shall be certified by a licensed professional engineer. The standard for certification shall be good engineering practices and shall conform to all the Village's officially adopted codes.

      8.   Height: Wind generator machine height must comply with all FAA regulations.

      9.   Installation Certification: A licensed professional engineer or certified manufacturer's representative or installer shall certify that the construction and installation of the WECS project meets or exceeds the manufacturer's construction and installation standards.

      10.   Lighting: Lighting for the towers shall be constructed in accordance with the minimum requirements and standards allowed by the FAA or other regulatory authority in an effort to minimize the visual impact of the structures.

      11.   Migratory Birds: An avian study shall be conducted by a qualified third party professional, such as an ornithologist or wildlife biologist, to determine if there is any potential impact the WECS project may present to migratory birds. The study must provide assurances that the WECS project does not negatively impact the path of migratory birds. The results of the study shall be made available at the hearing before the Plan Commission.

      12.   Mounting: All wind energy conversion systems shall be mast mounted. Building mounted WECS will require an additional special use permit.

      13.   Roads: Any proposed access roads that will be used for construction purposes shall be identified and approved by the township Road Commissioner or the Village Engineer, whoever has jurisdiction, prior to the hearing before the Plan Commission.

Any road damage caused by the transport of the facility's equipment, the installation, or the removal, must be completely repaired to the satisfaction of the township Road Commissioner or the Village Engineer, whoever has jurisdiction.

      14.   Setbacks:

         (a)   Setbacks from public roads and property lines shall be established in the underlying zoning district.

         (b)   All WECS towers shall be at least seven hundred fifty feet (750') from any adjoining property's dwelling unit, and no less than 1.25 times the tower height from the applying property owner's dwelling unit.

         (c)   The drop line for all WECS towers shall allow the tower, should it fall, to remain on the owner's property in all directions.

         (d)   All WECS towers shall be set back a distance of at least 1.25 times the WECS tower height from the third party transmission lines and telecommunications carrier facilities.

         (e)   Any variance of the applicable setback requirements, whether required in this chapter or elsewhere in these regulations, shall be recorded with the Village Clerk or Kankakee County Recorder of Deeds, whichever has jurisdiction.

      15.   Warnings: A visible warning sign of "high voltage" must be placed at the base of all WECS projects. The sign must have at a minimum six inch (6") letters. Such signs shall be located a maximum of three hundred feet (300') apart and at all points of site ingress and egress.

   (B)   Small Wind Energy Systems (Noncommercial):

      1.   Building Permit: All wind energy conversion systems require a building permit prior to the initiation of construction. Owners must comply with all applicable building codes adopted by the Village. A set of drawings and engineering analysis that conforms to manufacturer's standards, which has been certified by a licensed professional engineer, shall be submitted with the building permit application.

      2.   Color: Towers and blades shall be painted a nonreflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible. No advertising, streamers, or printing shall be allowed.

      3.   Height: The total height of a small wind energy system shall not exceed sixty feet (60') on parcels of less than five (5) acres. For property sizes greater than five (5) acres there is a height limitation of one hundred feet (100'). The maximum height must be compliant with FAA standards.

      4.   Lighting: Lighting for towers shall be constructed in accordance with the minimum requirements and standards allowed by the FAA or other regulatory authority in an effort to minimize the visual impact of the structures.

      5.   Installation: All noncommercial wind energy systems shall be installed per the manufacturer's standards. The standards must include compliance with all of the Village's officially adopted codes.

      6.   Mounting: All wind energy conversion systems shall be mast mounted. Building mounted WECS will require an additional special use permit.

      7.   Setbacks: All parts of the small wind energy conversion system shall be subject to setback requirements, including those outlined in the underlying zoning district and this section.

         (a)   Setbacks from public roads shall be established by the underlying zoning district.

         (b)   Setbacks from property lines shall be a distance equal to 1.25 times the total height.

         (c)   Setbacks from the applicant's dwelling shall be a distance equal to 1.25 times the total height.

      8.   Warnings: A visible warning sign of "high voltage" must be placed at the base of all WECS projects. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building, or other structure associated with a small wind energy system, visible from any public road shall be prohibited.

      9.   Installation Certification: A licensed professional engineer or certified manufacturer's representative or installer shall certify that the construction and installation of the WECS project meets or exceeds the manufacturer's construction and installation standards.

      10.   Compliance With Additional Regulations: It shall be the responsibility of the person in charge of the WECS project to contact the FCC and FAA regarding additional permits necessary or any other applicable Federal or State regulations for the installation of a WECS project prior to the public hearing before the Plan Commission. All WECS projects shall be UL approved and ASEE certified or the equivalent. (Ord. O-9-17-3, 9-18-2017)

   (A)   Annual Inspection: Every commercial WECS project must be inspected annually by an authorized factory representative, at the owner's expense, to certify that it is in good working condition and not a hazard to the public. A copy of said annual inspection must be filed with the Department of Planning and Zoning within fifteen (15) days after the inspection report is received by the WECS project owner/manager. Inspections and documentation, as specified above, shall be required every three (3) years, at a minimum, for noncommercial units.

   (B)   Interference: If the authorized factory representative determines that the commercial WECS project causes severe interference with microwave transmissions, residential television interference or radio reception, the commercial WECS owner must take commercially reasonable steps to correct the problem. Evidence that the authorized factory representative has determined that no such interference will occur or that interference has been corrected must be presented at the public hearing before the Plan Commission. A small wind energy conversion system must submit to planning and zoning information from the manufacturer that certifies that the system will not interfere with microwave transmissions, residential television or radio reception.

   (C)   Fire Risk: All WECS projects must adhere to all applicable Electrical Codes and standards and must remove fuel sources, such as vegetation, from the immediate vicinity of electrical gear and connections. Every WECS project must utilize twistable cables on turbines. (Ord. O-9-17-3, 9-18-2017)

Noise levels shall be regulated by the Illinois Pollution Control Agency rules and regulations and the applicant shall certify that applicant's facility is in compliance with the same. Applicant shall provide certification from the manufacturer that the noise level will not exceed sixty (60) decibels as measured at the nearest property line. (Ord. O-9-17-3, 9-18-2017)

   (A)   Commercial wind energy conversion systems: The WECS project must contain a decommissioning plan to ensure it is properly decommissioned at the end of the project life or facility abandonment. For purposes of this section, "facility abandonment" shall mean a consecutive period of time of not less than one year. Decommissioning shall include: removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet (4'), restoration of the soil, and restoration of vegetation within six (6) months of the end of project life or facility abandonment. The decommissioning plan shall state how the facility will be decommissioned, the professional engineer's estimated cost of decommissioning, the financial resources to be used to accomplish decommissioning, and the escrow agent with which the resources shall be deposited. The decommissioning plan shall be updated every six (6) years regardless of the type of unit, at a minimum. The decommissioning plan shall also include an agreement between the applicant and the Village of Grant Park which states:

      1.   The financial resources for decommissioning, which shall be in the form of a surety bond, or shall be deposited in an escrow account with an escrow agent acceptable to the Village Board, shall be renewed annually.

      2.   If the applicant chooses an escrow agreement:

         (a)   A written escrow agreement will be prepared, establishing the amount of disbursement; and

         (b)   The Village shall have access to the escrow account funds for the purpose of completing decommissioning if not completed by the applicant within six (6) months of the end of project life or facility abandonment.

      3.   The Village is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning.

      4.   The Village is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the Village's right to seek reimbursement from applicant or applicant's successor for decommissioning costs in excess of the amount deposited in escrow and to file a lien against any real estate owned by applicant or applicant's successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce said lien.

Financial provisions shall not be so onerous as to make WECS projects unfeasible.

   (B)   Small wind energy conversion systems (noncommercial): The WECS project application shall contain a notarized letter stating that a decommissioning plan exists for a time when the WECS is no longer in operation. A facility shall be deemed to have ceased operation if it has been idle for a period of twelve (12) months. The owner must certify that decommissioning will include removal of all structures (including transmission equipment and fencing) and debris to a depth of four feet (4'), restoration of the soil, and restoration of vegetation within six (6) months of the end of project life or facility abandonment. In the event that decommissioning is not completed by the owner, the Village of Grant Park is granted the right to seek reimbursement for decommissioning costs and to file a lien against any real property owned by the applicant or applicant's successor, or in which they have an interest, and to take all steps allowed by law to enforce said lien. (Ord. O-9-17-3, 9-18-2017)