[The following words and terms, wherever they occur in this title, shall be interpreted as herein defined.]

1.

Wind energy system: Equipment that converts and stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, battery or other component used in the system.

2.

Large wind energy system: A wind energy conversion system consisting of wind turbine, a tower or post and associated controls or conversion electronics that is mounted on the ground as a principal use/structure and with a nameplate capacity of 100 kilowatts or more.

3.

Small wind energy system: A wind energy conversion system consisting of wind turbine, a tower or post and associated controls or conversion electronics that is mounted on a principal structure or on the ground as an accessory use/structure and with a nameplate capacity of less than 100 kilowatts.

4.

Total height: The vertical distance from grade to the tip of a wind generator blade when the tip is at its highest point or the maximum height reached by any part of the equipment.

5.

Clearance height: The vertical distance from grade to the tip of a wind generator blade when the tip is at its lowest point or the minimum height reached by any moving part of the equipment.

6.

Vertical axis wind turbine: A type of small wind energy system where the main rotor shaft runs perpendicular to the ground.

7.

Horizontal axis wind turbine: A type of small wind energy system where the main rotor shaft runs parallel to the ground.

Large wind energy systems shall be prohibited within all zoning districts of the village and within the one and one-half mile radius surrounding the village limits.

Small wind energy systems shall be a permitted use in all zoning districts subject to the following minimum provisions:

1.

Building permit. All small wind energy systems require an approved building permit:

a.

In order to receive a permit, small wind energy systems must be approved by a small wind certification program recognized by the American Wind Energy Association or other recognized industry association.

b.

Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this ordinance. These costs could include, but are not limited to, removal of system, property restoration necessary upon removal of the system, village legal expenses and hearing costs associated with violations of this ordinance.

2.

Building code/safety standards. Any owner or operator of a small wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for wind energy systems that are published by the International Building Code and National Electrical Code as amended from time to time.

3.

Compliance. The village may elect to conduct an annual inspection at their discretion. If, upon inspection, the village president or his/her designee, concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the village president or his/her designee, shall require immediate repair or removal of the system at the owner's expense.

4.

Clearance height. The minimum clearance for horizontal axis wind turbines and vertical axis mounted wind turbines mounted on towers is 30 feet from grade. The minimum clearance for roof mounted turbines is 12 feet from grade.

5.

Color. Small wind energy systems shall be a monochromatic, neutral, and non-reflective color that that matches the color of other structures located on the lot, including other small wind energy systems.

6.

Style. When more than one small wind energy system is located on a lot, the multiple systems shall be uniform in style. A style which does not meet these standards may apply for a variance pursuant to Article 4.F.

7.

Construction. Small wind energy systems shall utilize single monopole type tower as well as lattice type without guy wires or ground anchors. Guyed towers are expressly prohibited.

8.

Electric. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires, must be hidden or enclosed.

9.

Noise. The maximum noise level allowed for all small wind energy systems shall not exceed 55 decibels measured at all property lines at operational wind speed. The 55 decibel level may be exceeded during short term events such as power outages and wind storms.

10.

Signs. A sign containing an emergency phone number of the utility provider must be placed next to the shut off switch. No other sign, except a small warning sign or small installer, owner, or manufacturer identification sign, may be placed on any component of a small wind energy system.

11.

Lighting. A small wind energy system shall not be artificially illuminated.

12.

Quantity. The number of small wind energy systems permitted on any one lot shall not exceed one ground mounted or two roof mounted unless a variance is granted pursuant to Article 4.F.

1.

Permitted use. Ground-mounted small wind energy systems shall only be allowed as a permitted accessory use/structure to an existing principal use/structure and must have a nameplate capacity of less than 100 kilowatts.

2.

Setbacks. A ground-mounted small wind energy system must be setback:

i.

At least 1.1 times its total height from any property line of the lot on which it is located;

ii.

At least 1.1 times its total height from any public road right-of-way.

iii.

At least 1.1 times its total height from any overhead utility lines.

iv.

The entire ground-mounted small wind energy system, including ancillary parts, such as any part in motion, shall follow the required setbacks of the subject zoning district.

3.

Allowed yards. No ground-mounted small wind energy components shall be located in the front or corner side yard of any zoning lot.

4.

Total height. Ground-mounted small wind energy systems shall be limited to a maximum of 50 feet in total height. Small wind energy systems shall comply with all Federal Aviation Administration (FAA) requirements. A lot which does not meet these standards may apply for a variance pursuant to Article 4.F.

5.

Access. All ground or tower-mounted electrical and control equipment must be labeled and secured to prevent unauthorized access. A tower may not have step bolts or a ladder within eight feet of the ground that is readily accessible to the public.

6.

Soil conditions. A soil analysis may be required as part of the building permit application and inspection process to confirm that the soils meet the minimum bearing capacity assumed by the structural design of the tower and the foundation.

1.

Permitted use. Principal structure-mounted small wind energy systems shall be considered permitted accessory uses/structures and must have a nameplate capacity of less than ten kilowatts.

2.

Setbacks. Principal structure-mounted small wind energy systems must meet all principal structure setbacks and are not allowed as a permitted obstruction.

3.

Height. The maximum height of a principal structure-mounted small wind energy system is eight feet above the highest point of the roofline of the structure it is mounted upon regardless of the zoning district height requirement, up to a maximum total height of 50 feet above grade. Small wind energy systems shall comply with all Federal Aviation Administration (FAA) requirements.

4.

Size. All principal structure-mounted small wind energy systems' individual blades and/or radius from rotor may not exceed five feet in length.

5.

Mounting location. All principal structure-mounted small wind energy systems shall be mounted upon the rear face of a sloped roof or to the side or rear façade of a structure. These systems may be attached to the roof, walls, foundation or other elevated surface of any permanent principal structure.

1.

Abandonment. All abandoned or unused wind energy systems shall be deemed a nuisance after one month of the cessation of operations unless an extension is approved by the village board. The village may act to abate such nuisance and require its removal at the property owner's expense and may elect to remove the equipment itself and may thereafter lien the property in accordance with Illinois law. After the wind energy system is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition with 30 days of removal.

2.

Violation. It is unlawful for any person to construct, install or operate a small wind energy system that is not in compliance with this ordinance. It is unlawful for a person to disobey; fail, neglect, or refuse to comply with; or otherwise resist an order issued pursuant to this ordinance. All repairs must be completed within 30 days of a notice from the village. If the village determines that a small wind energy system constitutes a hazardous condition, the village may demand entry and shut down said system. If entry is refused, the village may apply for a warrant to enter said property in a court of competent jurisdiction. A separate offense is deemed committed on each day that a violation occurs or continues.

3.

Enforcement. As a condition of issuance of this permit, the village staff may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether there is any violation of this ordinance or whether the conditions stated in the permit have been met. The village staff may issue a citation for any violation of this ordinance. Nothing in this section may be construed to prevent the Village of Hinckley from using any other lawful means to enforce this ordinance.

(Ord. No. 2011-03, § 1, 3-21-2011)