This chapter shall be known as the WIND ENERGY CONVERSION SYSTEM ORDINANCE of the village of Heyworth. (Ord. 2013-11, 3-21-2013)

   A.   The village of Heyworth, county of McLean, Illinois, hereby establishes this wind energy conversion systems ordinance pursuant to 65 Illinois Compiled Statutes 5/11-13-26 of the Illinois municipal code to institute regulations concerning wind energy conversion systems ("WECS"), within its corporate and extraterritorial jurisdiction of the village of Heyworth, Illinois.

   B.   The purpose of said regulations is to provide a uniform and comprehensive set of standards for the installation of wind energy conversion systems designed for both commercial and noncommercial energy production and to promote the effective and efficient use of the village of Heyworth's wind energy resources through wind energy conversion systems ("WECS"). This includes, but is not limited to, regulations to address the potential problems that may be caused by WECS such as the protection of property values of adjoining or nearby property owners, significant noise, aesthetic impacts, drainage problems, harm to farmlands, risk to various animal populations, and electromagnetic interference with various types of communication.

   C.   The intent of these regulations is to protect the public health, safety, and community welfare while allowing development of wind energy resources for both commercial and noncommercial purposes within the jurisdiction of the village of Heyworth. (Ord. 2013-11, 3-21-2013)

The substantive and procedural requirements of this section shall apply to all wind energy facilities that are governed by 65 Illinois Compiled Statutes 5/11-13-26 and which are proposed, operated, modified, or constructed after the effective date hereof. (Ord. 2013-11, 3-21-2013)

For the purposes of this section, the definitions below apply to the terms used within this chapter and all the language contained within this chapter:

END USER: Any owner, operator, or agent of the designated wind energy conversion facility who has been appointed by the owner and has been designated by such owner to act on behalf of such person/entity, to give consent, and bind them into agreements.

FAA: The federal aviation administration.

OPERATOR: The entity responsible for the day to day operation and maintenance of the WECS, including any third party subcontractors.

OVERSPEED CONTROL: A mechanism used to limit the speed of blade rotation to below the design limits of the WECS.

OWNER: The entity or entities with an equity interest in the WECS(s), including their respective successors and assigns. Owner does not mean: a) the property owner from whom land is leased for locating the WECS (unless the property owner has an equity interest in the WECS); or b) any person holding a security interest in the WECS(s) solely to secure an extension of credit, or a person foreclosing on such security interest provided that after foreclosure, such person seeks to sell the WECS(s) at the earliest practicable date.

TEMPORARY WIND MEASUREMENT TOWER: A tower used for the measurement of meteorological data such as temperature, wind speed, and wind direction installed prior to construction of a WECS for wind site assessment which remains in place for a limited period of time. The data provided allows the developer to determine the economic viability of the project as well as to select the optimal type of turbine for the location.

TEST WIND TOWER: See definition of Temporary Wind Measurement Tower.

TOTAL HEIGHT: Height of WECS measured from ground elevation to top of tip of blade in vertical position at its highest point.

TOWER: Support structure, including guyed, monopole, and lattice types, upon which wind turbine or other mechanical device is mounted.

VILLAGE: The village of Heyworth as a municipality and its powers endowed by the state of Illinois to regulate within its boundaries.

WIND ENERGY CONVERSION SYSTEM (WECS), LARGE: All necessary devices that together convert wind into electricity, and those more commonly referred to as wind turbines and their respective parts, which are primarily used for generating power to be sold to another and not including power only for generator and related components, electrical components, transformer, and electrical cabling.

WIND ENERGY CONVERSION SYSTEM (WECS), SMALL: A wind energy conversion system consisting of a single wind turbine, single tower, and associated control or conversion electronics which has a rated capacity of greater than ten (10) kilowatts but not more than one hundred fifty (150) kilowatts and a total height of greater than fifty feet (50') but not more than one hundred twenty five feet (125') and that generates power for an individual property for the purpose of reducing on site consumption of utility power.

WIND ENERGY FACILITY: Any WECS or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures that are under common ownership or operating control. (Ord. 2013-11, 3-21-2013)

   A.   Permit Required: No wind energy facility, whether commercial/noncommercial, large/small, or a test wind tower, shall be constructed, reconstructed, altered or modified in the jurisdiction of the village unless a wind energy facilities special use permit is applied for on a form approved by the village and issued by the village and such facility is in strict compliance with this chapter.

      1.   Note: If other permits, variances, or other land use authorizations have been specifically authorized or provided by the village, and/or if a WECS special use permit has been issued, and all such permits, variances or other land use authorizations have been built and is/are operating under such authorizations, such existing use(s) may be continued under the terms of such authorization(s) (which includes temporary wind measurement towers) without requiring a revised permit, so long as the use is not changed, extended, enlarged or structurally altered.

   B.   Applications For Small And Large Wind Energy Facilities:

      1.   An application for a special use permit for small and large wind energy facilities at minimum shall include the following:

         a.   Name, address, and telephone number(s) of the applicant and landowner;

         b.   Any agreements between landowner and facility owner, if any;

         c.   Address or other property identification of each proposed facility including tax map number, existing use of parcel, acreage of parcel, and zoning designation;

         d.   A description of the facility and project including:

            (1)   The number of WECS;

            (2)   Data pertaining to each tower's safety and stability including safety results from test facilities and certification from the turbine manufacturer that the turbine is manufactured to operate at safe speeds; and

            (3)   For each WECS the make, model, a picture of the WECS, and manufacturing specifications including noise decibel data and maximum rated capacity;

         e.   Vertical drawing of all WECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between the ground and the lowest point of any blade, and the location of climbing pegs and access doors. One drawing may be submitted for each WECS of the same type and total height;

         f.   A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly show the following:

            (1)   Property lines, physical dimensions of the site, and the location, dimensions and types of existing structures and uses on the site;

            (2)   Public roads and access roads;

            (3)   Adjoining properties within two thousand feet (2,000') of the site including zoning designations, residences, schools, churches, hospitals, and libraries;

            (4)   The proposed location, elevation, and total height of each WECS;

            (5)   Above and below ground utility lines within a radius of 1.5 times the total height of the WECS;

            (6)   Setback lines; and

            (7)   All other proposed facilities on the site including transformers, electrical lines, substations, storage or maintenance units, ancillary equipment or structures, transmission lines, and fencing.

Note: This subsection B1 applies generally to all applications for WECS. Please see the "wind energy conversion system, small", or "wind energy conversion system, other than small" sections below for additional requirements regarding approval for WECS facilities. (Ord. 2013-11, 3-21-2013)

   A.   All test wind towers must be dismantled within three (3) years of installation. (Ord. 2013-11, 3-21-2013)

   A.   In addition to the information and requirements hereinbefore specified, a small wind energy system may be permitted provided that a site plan is submitted to the village that must contain and is in compliance with the additional following requirements:

      1.   Setbacks: All parts of the structure of a small wind energy conversion system including the tower, base, footings, and turbine, but excluding guy cables and their anchors, shall be set back no less than 1.1 times the height of the renewable energy system from the end user's property line and all adjacent property lines, road right of way, railroad right of way, and right of way for overhead electrical transmission or distribution lines unless a variance is authorized by the village board.

      2.   Location: Small wind power generation facilities or small WECS must conform to the following requirements:

         a.   No building or tower that is part of a wind power generation facility or WECS shall encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement give their approval to such in writing and said approval is provided to the village;

         b.   No facility shall encroach onto an existing septic field;

         c.   Any wind power generation or WECS facility located in a special flood hazard area or wetland shall comply with the requirements of the FP floodplain overlay district and Illinois department of natural resources;

         d.   A tower that is part of a wind power generation facility shall require engineering by a licensed engineer; and

         e.   A wind power generation facility may be located on the same lot as one or more structures or uses.

      3.   Noise: The small WECS shall not exceed a noise level of sixty (60) decibels as measured at the closest property line. This noise level may be exceeded only during short term events such as utility outages and/or severe windstorms.

      4.   Building Permit Applications: In addition to the special use permit application hereinbefore specified, a building permit application of the village must be completed and approved. The building permit must include standard drawings of the system structure, including the tower, base, footings, and guy cables and certified by a licensed engineer. This certification may be supplied by the manufacturer, developer, or owner on behalf of the party moving to construct the wind energy conversion system.

         a.   Notifications Regarding Aircraft: Small WECS shall comply with all applicable regulations of the FAA, including any necessary approvals for installations closer than two (2) miles to an airport. The applicant has the responsibility of determining the applicable FAA regulations and securing the necessary approvals. If the system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the applicant shall notify all such crop dusting businesses no later than five (5) business days prior to submitting a building permit application. Copies of letters of such approvals must be attached with the building permit application. Orange safety balls shall be installed on each side of towers where guywires are used for towers over eighty feet (80') in height.

         b.   Local Utility Company Notification: If a small WECS is intended to be connected to the electricity grid, the applicant shall notify the electric utility service provider that serves the proposed site of his intent to install an interconnected customer owned electricity generator no later than five (5) business days prior to submitting a building permit application. Copies of letters of approval from the local utility company must be attached to the building permit application.

      5.   Minimum Distances: The distance between any protruding blades utilized on a small WECS and the ground shall be a minimum of fifteen feet (15') as measured at the lowest point of the arc of the blades.

      6.   Radio And Television Signals: The small WECS shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the applicant shall correct the problem within ninety (90) days of being notified of the problem.

      7.   Appearance: The small WECS shall maintain a galvanized neutral finish or be painted to conform the system color to the surrounding environment to minimize adverse visual effects. No small WECS shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small WECS shall have any flags, streamers, banners, and other decorative items that extend from any part of the system placed on it at any time.

      8.   Lighting: The small WECS must comply with all lighting requirements as specified by the FAA, and, whenever possible, be at the lowest intensity allowed using red lights at night. If more than one lighting alternative is available, the alternative that causes the least visual disturbance must be used.

      9.   Equipment: Unless located underground, any electrical equipment associated with a wind energy system shall be located under the sweep area of a blade assembly unless a variance is approved by the village board.

      10.   Electrical Wires: All electrical wires associated with a wind energy system, other than wires necessary to connect the wind turbine to its base and to overhead collection lines, shall be located underground unless a variance is approved by the village board. Transmission lines and transmission line poles shall not be located on road rights of way except as necessary to cross over a road.

      11.   Fencing: The tower shall be enclosed with a fence of at least six feet (6') in height or the base of the tower shall not be climbable for a distance of eight feet (8') measured from the ground.

      12.   Required Safety Features: The small WECS shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.

      13.   Tower Height: Tower height shall be measured from the height above grade to the highest point of the arc of the blades and shall be limited per the size of the lot on which the tower is constructed as follows:

 

 

      14.   Signal Interference: The owner of a WECS must take such reasonable steps as are necessary to prevent, eliminate, or mitigate any interference with cellular, radio or television signals caused by the WECS.

      15.   Liability Insurance: Prior to issuance of a building permit, the applicant shall provide the village with proof of a general liability insurance policy at a level to be determined by the village board in consultation with the village's insurer, to cover damage or injury that might result from failure of any part of the wind energy facility. (Ord. 2013-11, 3-21-2013)

   A.   In addition to the information and requirements hereinbefore specified, a wind energy system, other than a small wind energy system, may be permitted provided that a site plan is submitted to the village that must contain and is in compliance with the additional following requirements:

      1.   Setbacks: All parts of the structure of a wind energy system including the tower, base, footings, and turbine, but excluding guy cables and their anchors, shall be set back no less than 1.1 times the height of the renewable energy system from the end user's property line and all adjacent property lines, road right of way, railroad right of way, and right of way for overhead electrical transmission or distribution lines, unless a variance has been authorized by the village board.

      2.   Location: Wind power generation facilities or WECS other than small must conform to the following requirements:

         a.   May only be located in districts that are zoned A agriculture or M1 or M2 manufacturing and requires a special use permit;

         b.   Shall not be located within two thousand feet (2,000') of a boundary line of any R residential zoning district or C commercial zoning district;

         c.   No building or tower that is part of a wind power generation facility or WECS shall encroach onto any recorded easement prohibiting the encroachment unless the grantees of the easement give their approval to such in writing and said approval is provided to the village;

         d.   No facility shall encroach onto an existing septic field;

         e.   Any wind power generation or WECS facility located in a special flood hazard area or wetland shall comply with the requirements of the FP floodplain overlay district and Illinois department of natural resources;

         f.   A tower that is part of a wind power generation facility shall require engineering by a licensed engineer; and

         g.   A wind power generation facility may be located on the same lot as one or more structures or uses.

      3.   Noise: The wind energy conversion system shall not exceed a noise level of ninety (90) decibels as measured at the closest property line. The noise level may only be exceeded during short term events such as utility outages and/or severe windstorms.

      4.   Building Permit Applications: In addition to the special use permit application hereinbefore specified, a building permit application form of the village must be completed and approved by the village. The building permit must include standard drawings of the system structure, including the tower, base, footings, and guy cables certified by a licensed engineer. This certification may be supplied by the manufacturer, developer, or owner on behalf of the party moving to construct the WECS.

         a.   Notifications Regarding Aircraft: Wind energy systems shall comply with all applicable regulations of the FAA, including any necessary approvals for installations closer than two (2) miles to an airport. The applicant has the responsibility of determining the applicable FAA regulations and securing the necessary approvals. If the system is proposed to be sited in an agricultural area that may have aircraft operating at low altitudes, the applicant shall notify all such crop dusting businesses no later than five (5) business days prior to submitting a building permit application. Copies of letters must be included in the building permit application.

            (1)   Orange safety balls shall be installed on each side of towers where guywires are used for towers over eighty feet (80') in height.

            (2)   Lighting shall be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting shall be shielded so that no glare extends substantially beyond the boundaries of a facility.

            (3)   No artificial lighting shall be allowed on WECS except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.

            (4)   Documentation shall be provided which verifies that the site and design are acceptable to the FAA.

         b.   Local Utility Company Notification: If a wind energy system is intended to be connected to the electricity grid, the applicant shall notify the electric utility service provider that serves the proposed site of his intent to install an interconnected customer owned electricity generator no later than five (5) business days prior to submitting a building permit application. Copies of letters of approval from the local utility company must be attached to the building permit application.

      5.   Minimum Distances: The distance between any protruding blades utilized on a WECS and the ground shall be a minimum of thirty feet (30') as measured at the lowest point of the arc of the blades.

      6.   Radio And Television Signals: The WECS shall not cause any radio, television, microwave, or navigation interference. If a signal disturbance problem is identified, the applicant shall correct the problem within ninety (90) days of being notified of the problem.

      7.   Appearance: The WECS shall maintain a galvanized neutral finish or be painted to conform the system color to the surrounding environment to minimize adverse visual effects. No WECS shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information nor shall it have any flags, streamers, banners, and other decorative items that extend from any part of the system placed on it at any time.

      8.   Lighting: The WECS must comply with all lighting requirements as specified by the FAA, and, whenever possible, be at the lowest intensity allowed using red lights at night. If more than one lighting alternative is available, the alternative that causes the least visual disturbance must be used.

      9.   Equipment: Unless located underground, any electrical equipment associated with a wind energy system shall be located under the sweep area of a blade assembly unless a variance is approved by the village board.

      10.   Electrical Wires: All electrical wires associated with a wind energy system, other than wires necessary to connect the wind turbine to its base and to overhead collection lines, shall be located underground unless a variance is approved by the village board. Transmission lines and transmission line poles shall not be located on road rights of way except as necessary to cross over a road.

      11.   Fencing: The tower shall be enclosed with a fence of at least six feet (6') in height or the base of the tower shall not be climbable for a distance of eight feet (8') measured from the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet (6') high.

      12.   Required Safety Features: The wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.

         a.   All access doors on towers or to electrical equipment shall be locked or fenced.

         b.   Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the wind turbine structure.

         c.   No WECS shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

         d.   There shall be clearly visible signs on all WECS, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include a twenty four (24) hour emergency contact number.

      13.   Tower Height: The height of the facility shall not exceed two hundred ninety nine feet (299'). The minimum distance from the ground to the rotor blade tips shall not be less than fifteen feet (15').

      14.   Signal Interference: The owner of a WECS must take such reasonable steps as are necessary to prevent, eliminate, or mitigate any interference with cellular, radio or television signals caused by the WECS.

      15.   Liability Insurance: Prior to issuance of a building permit, the applicant shall provide the village with proof of a general liability insurance policy at a level to be determined by the village board in consultation with the village's insurer, to cover damage or injury that might result from failure of any part of the wind energy facility. (Ord. 2013-11, 3-21-2013)

   A.   Application: Applicants for a special use permit for a wind energy facility must submit copies of the application to the village clerk. If the application is incomplete, the applicant will be provided with a written statement detailing the missing information. If the application is complete, the village clerk will forward the application to the village economic development committee. The committee, after its review, shall then forward the completed application to the zoning board of appeals for review at a public hearing.

   B.   Public Hearing: At least one public hearing shall be held within thirty (30) days of submittal of the fully completed application for the WECS or WECS project. Notice of said public hearing shall be published in a newspaper of general circulation no more than thirty (30) but no less than fifteen (15) calendar days after submittal of the fully completed application.

   C.   Approval: The village board shall render a decision within sixty (60) days of the fully completed application and may grant the special use permit, grant the special use permit with conditions, or deny the special use permit and shall render such decision in writing. (Ord. 2013-11, 3-21-2013)

   A.   A WECS that is out of service for a continuous twelve (12) month period shall be deemed to have been and is hereby declared abandoned, unless the village board approves an extension based on hardship conditions. The village code enforcement official may issue a notice of abandonment to the owner of a wind energy system that is deemed to be abandoned.

   B.   The owner of a WECS shall provide the village with a written notice of termination of operations if the operation of the WECS is terminated.

   C.   Within eight (8) months of receipt of the notice of abandonment or within eight (8) months of providing a notice of termination of operations, the owner of a WECS shall:

      1.   Remove all wind turbines, aboveground improvements, and outdoor storage;

      2.   Remove all foundations, pads, and underground electrical wires to a depth of four feet (4') below the surface of the ground; and

      3.   Remove all hazardous material from the property and dispose of any hazardous material in accordance with state and federal law. (Ord. 2013-11, 3-21-2013)

   A.   Any person owning, controlling, or managing any building, structure, or land who undertakes a wind energy facility in violation of this chapter or in noncompliance with the terms and conditions of any permit issued pursuant to this chapter, or any order of the code enforcement officer, and any person who assists in so doing, shall be in violation of this chapter and shall be subject to a fine of not less than fifty dollars ($50.00) and no more than seven hundred fifty dollars ($750.00). Every such person shall be guilty of a separate offense for each day such violation shall continue.

   B.   The village board shall appoint such village staff or outside consultants as it sees fit to enforce this chapter.

   C.   During construction, the village code enforcement officer may issue a stop work order at any time for violations of this chapter, the special use permit, building permit, or site plan approval.

   D.   In case of any violation of any of the provisions of this chapter, including any permits issued pursuant to this chapter, the village may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and may restrain, correct, or abate such violation to prevent the illegal act from continuing. (Ord. 2013-11, 3-21-2013)