The purpose of this article is to provide for the land development, construction, operation and decommissioning of wind energy facilities in the "R-2," residential zoned property for governmental entities in the village, subject to reasonable conditions that will protect the public health, safety and welfare.

(Ord. No. O-10-05, § 1, 3-18-2010)

Applicant is the person or entity filing an application under this article.

Facility owner means the entity or entities having an equity interest in the wind energy facility, including their respective successors and assigns.

Hub height means the distance measured from ground level to the center of the wind turbine hub, to which the blade is attached.

Nacelle means the enclosure located at the top of a wind turbine tower that houses the gearbox, generator, and other equipment.

Occupied building means a residence, school, hospital, church, public library, or other building used for public gathering that is occupied or in use when the permit application is submitted.

Operator means the entity responsible for the day-to-day operation and maintenance of the wind energy facility.

Turbine height means the distance measured from ground level to the highest point of the turbine rotor tip.

Wind energy facility means an electric generating facility under common ownership, consisting of one or more WTGs and other accessory structures and buildings, including but not limited to: substations, electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

Wind turbine generator (WTG) means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, turbine, rotor, tower, base, and pad transformer.

(Ord. No. O-10-05, § 1, 3-18-2010)

(a)

No land development plan providing for the construction or erection of a wind energy facility shall be approved unless such plan has complied with the requirements of this article.

(b)

Wind energy facilities shall only be constructed in areas that are zoned R-2 single-family detached residence district on a zoning lot or lot of record of at least 15 acres (with one turbine per 15 acres of land) owned by a unit of local government as defined in the Illinois Constitution or a public school district. Said wind energy facilities shall generate no more electricity than the electricity needed for facilities located on the zoning lot or lot of record.

(c)

Wind energy facilities may be considered either principal or accessory special uses and shall not be deemed to constitute the expansion of a nonconforming use or structure.

(d)

Notice of the time and place of the hearing in addition to notices required in section 110-4.10, shall be sent to taxpayers of record of, or real estate located within 250 feet of the property lines of the real estate upon which the wind energy facility is to be located, and occupied buildings located within 400 feet of the property line of the real estate upon which the wind energy facility is to be located.

(e)

A permit issued pursuant to this article expires if the WTG is not installed and functioning within two years from the date the permit is issued.

(Ord. No. O-10-05, § 1, 3-18-2010)

In addition to the application requirements for a special use in this article, an application shall include the following information:

(a)

The name(s), address(es), and phone number(s) of project applicant and project owner.

(b)

The legal description and address of the project.

(c)

A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, electrical cabling from the wind energy facility to the substation(s), if any, ancillary equipment, existing and proposed buildings, and structures, including associated transmission lines, layout of all structures within the geographical boundaries of any applicable setback, and means of interconnecting with the electrical grid. The site layout shall include distances, be drawn to scale, and comply with all other requirements of this article.

(d)

The land development plan shall demonstrate that the proposed wind energy facility will comply with this article.

(e)

A project summary describing the proposed wind energy facility, including an overview of the project; the project location; the approximate generating capacity of the wind energy facility; the approximate number, representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions and respective manufacturers, and a description of ancillary facilities.

(f)

Location of all known communications towers within one-half mile of the proposed WTG(s).

(g)

A detailed analysis either prepared by or reviewed and approved as to accuracy by a professional engineer, licensed in the State of Illinois, or similarly licensed in any of its contiguous states where the engineer practices, describing the specific WTG structure(s) proposed and all phases for implementing the development in compliance with the standards set forth in this article, industry standards, and manufacturer's specifications, including a study documenting that the site of the WTG has sufficient wind resources for the proposed WTG equipment.

(h)

An affidavit or similar evidence of agreement between the property owner and the facility owner or operator (if different than the property owner) demonstrating that the facility owner or operator has the permission of the property owner to apply for necessary permits for construction and operation of the wind energy facility.

(i)

Identification of the properties on which the proposed wind energy facility will be located, and the properties adjacent to where the wind energy facility will be located.

(j)

A USGS topographical map, or map with similar data, of the property and surrounding area. The location of wetlands or natural areas within 1,320 feet of the proposed wind energy facility. If a WTG is to be constructed in a flood plain, the applicant shall obtain a storm water permit from the County of DuPage; if the site is in DuPage County or from the village engineer if the site is in Cook County.

(k)

An avian study, if requested by DuPage County (if the facility is located in DuPage County), or the village board, based on U.S. Fish and Wildlife Service, "Guidelines to Avoid and Minimize Wildlife Impacts from Wind Turbines", Federal Register: July 10, 2003 (Volume 68, Number 132).

(l)

A statement by the applicant that WTG noise propagation shall conform to International Electromechanical Commission (IEC) Standard 61400-11 Part 11, as that standard may be amended or updated from time to time. Noise from the WTG shall not exceed 55 decibels when measured from any and all adjacent property lines at any ground level occupied dwelling. At the request of the development commission, a sound study shall be provided concerning the decibel level on off-premise occupied buildings and/or at the property lines. Decibel levels may be required to be lowered from 55 decibels at the property line and/or at the location of an off-premise occupied building.

(m)

Written documentation, preferably from a computer modeling program projecting the shadow flicker on any existing structures located off the property on which the WTG will be constructed, and the extent and duration of the shadow flicker on these existing structures.

(n)

Written documentation that the applicant has notified the FAA, Schaumburg Regional Airport, and any other applicable state and federal regulatory agencies of the proposed WTG.

(o)

Elevation drawings or depictions, which may include computer-generated photographic simulations and other images, or other visual aids that depict how the WTG tower and all accessory structures will appear as constructed on the proposed site from vantage points north, south, east, and west of the WTG tower.

(p)

Documents related to decommissioning, including a schedule for the decommissioning and financing security.

(q)

Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the village to ensure compliance with this article, including but not limited to programs for ongoing compliance, inspection, and preventative maintenance.

(Ord. No. O-10-05, § 1, 3-18-2010)

An application for a WTG shall be approved or approved with conditions only upon a finding that the proposed WTG complies with all of the following applicable standards, and other approval standards as found in this article. It is recognized that the requirements here are neither exclusive nor exhaustive. In instances where a health or safety concern is identified with regard to any application for a WTC, additional and/or more restrictive conditions may be included in the special use to address such concerns. All rights are reserved to impose additional restrictions as circumstances warrant. Such additional or more restrictive conditions may include, without limitation greater setbacks or more restrictive noise limitations.

a.

Wind resources. The proposed site shall have documented annual wind resources sufficient for the operation of the proposed WTG. The wind resource documentation shall detail, at a minimum, ambient wind at the maximum height of the approved anemometer tower.

b.

Ice throw. The potential ice throw or ice shedding for the proposed WTG shall not cross the property lines of the site in question nor impinge on any public right-of-way or overhead utility line. Compliance shall be demonstrated in the permit application which may include the specific analysis method, but such model shall not alleviate the applicant of the need to comply with this subsection under all atmospheric conditions, for the life of the structure.

c.

Setbacks.

1.

Occupied buildings:

a.

WTGs shall be set back from the nearest nonparticipating landowner's occupied building a distance not less than 400 feet. The setback distance shall be measured from the center of the WTG base to the nearest point on the foundation of the occupied building.

b.

WTGs shall be set back from the nearest participating landowner's occupied building a distance of not less than 1.25 times the Turbine Height, as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

c.

WTGs shall be set back from the nearest nonparticipating landowner's commercial or industrial building a distance of not less than 250 feet as measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

2.

Property lines: All WTGs shall be set back from the nearest property line a distance of not less than 1.10 times the turbine height. The setback distance shall be measured to the center of the wind turbine base.

3.

Public roads: All wind turbines shall be set back from a public road a distance of not less than 1.10 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

4.

Communication and electrical lines: All wind turbines shall be set back from above-ground public electrical power line or telephone lines a distance of not less than 1.25 times the turbine height, as measured from the existing power line or telephone line.

d.

Waiver of setbacks.

1.

Upon request, the village board may grant partial waivers of setback requirements hereunder where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, that such waiver will not be contrary to the public interest and written consent from the affected property owners has been obtained.

2.

The village board may take into consideration the support or opposition of adjacent property owners in granting waivers of setback requirements including by the consent of adjacent owners by recordable easements.

e.

The maximum turbine height shall be 155 feet. The village board may approve an increased height for a WTG, not to exceed 175 feet, if the following specific conditions are met and it is the smallest increase necessary to meet the following conditions:

1.

The increased height is necessary for the preservation of a substantial stand of trees, existing land forms or structures that would otherwise be removed to increase wind velocity.

2.

To improve sound and/or improve compliance with this article.

f.

The rotor shall be located on the tower such that the minimum blade clearance above the ground level is 30 feet.

g.

All WTGs shall be equipped with controls to limit the rotational speed of the blades within design limits for the specific WTG. All wind energy facilities shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

h.

The on-site electrical transmission lines connecting the WTG to a public utility electricity distribution system shall be located underground. In addition all other utility lines shall be located underground.

i.

The WTG shall, subject to any applicable standards of the Federal Aviation Administration, be painted a neutral nonreflective, nonobtrusive color so as to reduce visual obtrusiveness. Excessively bright or neon colors are not acceptable. The village board, however, may approve an alternate color if the WTG is located within an avian migratory route or if an alternate color would otherwise benefit the neighborhood.

j.

The WTG shall not be artificially lighted unless required, in writing, by the Federal Aviation Administration. Where the Federal Aviation Administration requires lighting, the lighting shall be the lowest intensity allowable under Federal Aviation Administration regulations; the fixtures shall be shielded and directed to the greatest extent possible to minimize glare and visibility from the ground

k.

The WTG shall be designed and constructed in such a manner that access is limited by lock or fence, to the extent possible, to authorized personnel only. Wind Turbines shall not be climbable up to 15 feet above ground surface.

l.

The WTG shall be constructed and operated so that it does not interfere with electromagnetic communications including television, radio, cellular telephone, or microwave reception in neighboring areas. If degradation of television, radio, cellular telephone, or microwave reception occurs as the result of the WTG tower, the developer shall pay to correct the television, radio, cellular telephone, or microwave reception. No WTG shall be constructed so as to interfere with the village, county, or state emergency communications including microwave transmissions.

m.

A WTG shall be a monopole or monotube style construction (as distinguished from a lattice-style tower) and shall not utilize guy wires. At a wind energy facility site, the design of any buildings or related structures shall, to the extent reasonably possible, use materials, colors, textures, screening, and landscaping that will blend the wind energy facility to the natural setting and then existing environment.

n.

The WTG shall have posted on the site in a visible, easily accessible location two signs no more than four square feet in area displaying an address and telephone number for emergency calls. The emergency telephone number shall allow a caller to contact a responsible individual to address emergencies at any time during or after regular business hours and on weekends or holidays. One sign shall be located at the service drive entrance to the WTG at the minimum setback distance.

o.

The WTG shall have no advertising painted on or attached to the tower or any other structure of the WTG. No sign, including logo, shall be permitted on the nacelle.

p.

The WTG shall be designed and sited in such a manner to limit shadow flicker on a roadway. In addition the WTG shall be designed and sited in a manner to minimize or prevent shadow flicker on any existing occupies buildings located off the property on which the WTG is constructed. It shall be the responsibility of the WTG operator to modify operations to also minimize or prevent shadow flicker on dwellings constructed and/or occupied after installation of the WTG. If necessary in extreme situations, to prevent shadow flicker from crossing occupied buildings, the WTG may be programmed to stop rotating during times the WTG shadow crosses these structures. The WTG operator may obtain a written easement or other written agreement which specifically allows shadow flicker to cross an occupied structure.

q.

Structural integrity of all components shall be reviewed by a professional engineer licensed in the State of Illinois, or adjacent states, who shall certify that his review indicated structural integrity. Certification shall include in the review that the review indicates ultimate strength exceeds that needed to withstand all factored loads and load combinations specified in SIE/ASCE 7-02 "Minimum Design Loads for Buildings and Other Structures". First Order Reliability Analysis shall demonstrate a reliability coefficient (Beta) of not less than 3.54 for any failure mode that could result in any portion of the WTG falling to the ground. In lieu of First Order Reliability Analysis, adequate structural reliability may be demonstrated via analysis methods specified in the village's building code or as approved by the building code official.

r.

The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, or other similar certifying organizations.

s.

Use of public roads.

1.

The applicant shall identify all public roads to be used within the village to transport equipment and parts for construction, operation, or maintenance of the wind energy facility and obtain, if required, applicable weight and size permits prior to construction.

2.

The village engineer, if in the engineer's opinion it is advisable, shall document road conditions prior to construction and again 30 days after construction is complete or as weather permits.

3.

The village engineer may require a bond to pay for any damage or repairs to the village's roads.

4.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

5.

The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

t.

Village emergency service.

1.

The applicant shall provide a copy of the project summary and site plan to the fire department.

2.

The applicant shall, in cooperation with the fire department, develop and coordinate implementation of an emergency response and hazard plan for the wind energy facility unless the fire department finds it unnecessary due to the nature of the WTG.

3.

The village board may require the payment by the facility owner for any special tools, equipment, or training that is necessary for a fire department emergency response to the WTG.

4.

Upon request by the fire department, the facility owner or operator shall on a yearly basis, participate in high angle rescue training using the WTG.

u.

Waste disposal. Solid and hazardous wastes, including but not limited to crates, packing materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable village, state, and federal regulations.

v.

Insurance and indemnification.

1.

Insurance. All facility owners shall maintain the following insurance coverages commencing upon construction of the facility.

a.

A broad form comprehensive coverage policy of public liability insurance insuring applicant and participating landowners against loss or liability caused by applicant's occupation and use of the property under the lease, in an amount not less than $2,000,000.00 of combined single limit liability coverage per occurrence, accident, or incident, which has a commercially-reasonable deductible. The village shall be named as an additional insured on the policy.

b.

Certificates of insurance evidencing compliance with these requirements shall be provided upon request of the village. The insurer will provide notice to the Village in the event there is a lapse in coverage exceeding 30 days. All policies other than worker's compensation shall be written on an occurrence and not on a claim-made basis.

2.

Defense of land use decision and indemnity.

a.

Defense of land use decision. In addition to the indemnification described below, the facility owner shall reimburse the village its reasonable attorney's and expert's fees incurred in defending any legal actions brought by third parties challenging the legality or enforceability of this article or any portion thereof, or the issuance of a special use by the village pursuant to this article. If the village seeks reimbursement, it shall notify the facility owner in writing promptly upon discovering any claim entitling it to a land use defense reimbursement, but in no event later than 120 days after receiving written notice of any action, lawsuit, proceeding, investigation, or other claim against it which may give rise to a claim for a land use defense reimbursement. Facility owner shall not be obligated to reimburse the village with respect to any such liability, action, or claim if the village fails to notify facility owner thereof in accordance with the provisions of this section in sufficient time including, without limitation, any responsive motion or answer to a complaint, petition, notice, or other legal equitable action or claim, but only insofar as such knowing failure to notify facility owner has actually resulted in prejudice or damage to facility owner. With respect to any third party action, lawsuit, proceeding, investigation, or other claim which is subject to reimbursement under this section, facility owner shall be entitled to assume and control (with counsel of its choice) the defense of such action, lawsuit, proceeding, investigation, or other claim at facility owner's expense; provided, however, that the village shall be entitled to participate in the defense of such claim and to employ counsel of its choice for such purpose (the fees and expenses of such separate counsel to be borne by the village) and to assert against any third party any and all cross claims and counterclaims the village may have, subject to facility owner's consent, which consent shall not be unreasonably withheld. If facility owner elects to assume the defense of any such claim, it may settle such claim in its sole discretion so long as either (i) such settlement provides an unconditional release of the village, or (ii) facility owner shall obtain the prior written consent of the village, which consent shall not be unreasonably withheld. If facility owner elects to assume the defense of any claim, the village shall fully cooperate with licensee and its counsel in such defense.

b.

Indemnification. Facility owner shall defend, indemnify, and hold harmless the village and its officials, employees, and agents from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including reasonable attorneys' fees (such liabilities together known as "liability") arising out of facility owner's selection, construction, operation, and removal of the wind turbines and affiliated equipment including, without limitation, liability for property or personal injury (including death), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence). This general indemnification shall not be construed as limiting or qualifying the village's other indemnification rights available under law.

W.

Public inquiries and complaints.

1.

The facility owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

2.

The facility owner and operator shall make reasonable efforts to respond to the public's inquiries and complaints.

(Ord. No. O-10-05, § 1, 3-18-2010)

The village board may attach reasonable conditions to the approval of a WTG. These conditions may include those necessary to insure that public services and facilities affected by the WTG will be capable of accommodating increased service and facility loads caused by the WTG, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Any conditions imposed, however, shall meet all of the following requirements:

a.

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the WTG under consideration, residents and landowners immediately adjacent to the proposed WTG, and the community as a whole.

b.

Be related to the valid exercise of the police power, and purposes which are affected by the proposed WTG.

c.

Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in this article for the WTG under consideration, and be necessary to insure compliance with those standards.

(Ord. No. O-10-05, § 1, 3-18-2010)

a.

The noise propagation, blade flicker, and ice hazard standards developed in permitting of WTGs are absolute. Once WTGs are permitted, the owners have the option of compliance or discontinuation of operations, if ordered to do so by village.

b.

The owner of a WTG shall conduct physical inspections of the WTG structure(s) and associated equipment not less than annually or more often, if recommended by the WTG manufacturer, to ensure continuing compliance with this section and any conditions imposed with the approval of the WTG. Copies of all inspection reports shall be submitted to the community development director within 30 days of the inspection. In the event a WTG owner fails to comply with this section, the village shall have the authority to have the WTG inspected and shall utilize funds from the performance bond to cover the costs of such inspection.

c.

Noise exceeding permitted levels. This article recognizes that certain wind and weather conditions and altitude densities can enhance temporary noise pressure that exceeds permitted levels. If noncompliance with the noise standards is brought to the attention of village enforcement officials, the complaint will be investigated and if confirmed, written notice will be sent to the WTG owner requiring post permit documentation of corrective measures taken to address the sound. Documentation could include statements from those adjusting or modifying the WTG and may, at the option of the village, include additional noise propagation certification, conducted in a manner similar to that required in this article tailored to the specific problem being addressed.

(Ord. No. O-10-05, § 1, 3-18-2010)

In connection with the approval of a WTG or anemometer tower, the village board shall require the owner of the WTG, if different from the unit of local government or school district, to furnish the village with a performance guarantee in the form of a cash deposit, certified check, irrevocable bank letter of credit, or surety bond acceptable to the village in an amount equal to the estimated costs associated with removal of the WTG and all associated equipment and accessory structures and restoration of the site to a reusable condition which shall include the removal of all underground structures to a depth of ten feet below the natural ground level at that location. A detailed cost estimate for the removal of the tower shall be provided with the application and shall be based on means construction estimating guide or similar accepted pricing schedule and shall not include credit for the salvageable value of any materials.

The amount of the performance guarantee shall be reviewed every five years. The amount of the performance guarantee shall be increased based on an inflation rate equal to the average of the previous ten years Consumer Price Index, but not less than 3.5 percent per year. If the performance bond is used to cover costs associated with inspections, the owner of the WTG shall immediately insure that the full bond amount is available. Failure by the owner of the WTG to insure that the full bond amount is available shall be a violation of this article.

(Ord. No. O-10-05, § 1, 3-18-2010)

WTG that are not operated for a continuous period of 12 months shall be removed by the owner of the WTG within 90 days of receipt of a notice from the Village requiring such removal. For purposes of this section, nonoperation shall be deemed to include, but shall not be limited to, the blades of the WTG remaining stationary so that wind resources are not being converted into electric or mechanical energy, or the WTG is no longer connected to the public utility electricity distribution system. In the event a WTG owner fails to remove the WTG tower as required by this section, the village shall have the authority to remove the tower and shall utilize the performance bond to cover the costs of such removal. If the performance bond is not sufficient to cover the cost of the removal or if the performance bond has expired or is not available, the cost shall be a debt to the village, and the village shall institute an action in a court of competent jurisdiction for the collection of the cost for removal.

(Ord. No. O-10-05, § 1, 3-18-2010)

WTGs shall be designed to the current state of the technology. Used, outdated, or obsolete WTG equipment shall not be permitted to be constructed or installed. With respect to performance standards set forth in this ordinance, repairs, and parts replacement shall not be of lesser quality than that of the original permitted equipment and shall be upgraded to the performance standards current at the time of the repair. In no case shall repairs or alterations be allowed which will decrease the degree to which the WTG complies with this article.

(Ord. No. O-10-05, § 1, 3-18-2010)

Should the WTG operator wish to replace major components such as turbine blades, generator, main gear box, nacelle, or the entire WTG, the operator shall demonstrate that the WTG will substantially meet the then current criteria for new WTG permits, except that setback distances will not be increased. In no case shall replacement or alterations be allowed which will decrease the degree to which the WTG complies with this article.

(Ord. No. O-10-05, § 1, 3-18-2010)

By acceptance of the special use permit, the applicant, facility owner, and operator grant permission to the village to enter the property to assure compliance with conditions set forth in this article and the special use permit.

(Ord. No. O-10-05, § 1, 3-18-2010)

It shall be unlawful for any person, firm, or corporation to violate or fail to comply with or take any action which is contrary to the terms of the ordinance, or any permit issued under the article, or cause another to violate or fail to comply, or to take any action which is contrary to the terms of the article or any permit issued under the ordinance. The village may institute enforcement proceedings or any other remedy at law or in equity to ensure compliance.

(Ord. No. O-10-05, § 1, 3-18-2010)