1. Definitions.
   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 one-hundred kilowatts (100kw) 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, an accessory building or on the ground as an accessory use / structure and with a nameplate capacity of less than one-hundred kilowatts (100kw).
   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.
   8. "Solar Energy System." A type of renewable energy system using arrays of photovoltaic cells connected together in an environmentally protected housing to convert radiant energy from the sun and producing a standard output voltage and power.
2. Large Wind Energy Systems Provisions. Large wind energy systems shall only be allowed as a Special Use in the A-1 Agricultural District.
3. Small Wind Energy Systems General Provisions. Small wind energy systems shall be a permitted use in all zoning districts subject to the following provisions:
   1. Building Permit. All small wind energy systems require an approved building permit:
      1. In order to receive 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.
      2. 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. If, upon inspection, the Zoning Enforcement Officer 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 Zoning Enforcement Officer or his / her designee, shall require immediate repair or removal of the system at the owner’s expense.
   4. Clearance Height. The minimum clearance height for horizontal axis wind turbines is thirty feet (30’). The minimum clearance height for vertical axis wind turbines is twelve feet (12’).
   5. Color. Small wind energy systems shall be a monochromatic, neutral, and nonreflective 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.
   7. Construction. Small wind energy systems shall utilize single monopole type tower without guy wires or ground anchors. Guyed towers and lattice 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.
   10. Signs. No sign, other than a warning sign or installer, owner, or manufacturer identification sign as permitted by Section 14.1705, 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. Right-of-Way Setbacks. Small wind energy systems shall be setback a minimum of 300 feet from Arterial streets (Illinois Route 71) and a minimum of 150 feet from Collector streets (Newark Road, Johnson Street, Townhouse Road. These setbacks apply as an “overlay district” (i.e. not only to the lot immediately fronting these types of streets, but to all lots within these distances).
   13. Quantity. The number of small wind energy systems permitted on any one Zoning Lot shall not exceed the numbers listed in any of the three columns:
       
       

       DISTRICT	GROUND MOUNTED	PRINCIPAL STRUCTURE MOUNTED	TOTAL
       A-1	2	1	2
       R-E	1	2	2
       R-1	1	2	2
       R-2	1	2	2
       R-3	1	2	2
       B-1	1	2	2
       B-2	1	2	2
       B-3	1	2	2
       C-M	2	2	4
       M-1	2	2	4
       C-F	1	2	3

   14. Utility Notification and Interconnection. The electric utility company shall be informed of the customer’s intent to install an interconnected customer-owned generator. No small wind energy system shall be installed until proof of acceptance from the utility company has been provided to the Village. Off-grid systems (independent systems or systems not connected to the utility electrical system) shall be exempt from this requirement.
4. Small Wind Energy Systems Ground-Mounted Standards.
   1. Permitted Use. Ground-mounted small wind energy systems shall only be permitted as an accessory use / structure to an existing principal use / structure and must have a nameplate capacity of less than one-hundred kilowatts (100kw).
   2. Setbacks. A ground-mounted small wind energy system must be setback:
      1. at least 1.1 times its total height from any property line of the lot on which it is located;
      2. at least 1.1 times its total height from any public road right-of-way.
      3. at least 1.1 times its total height from any overhead utility lines.
      4. 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 fifty feet (50’) in total height. Small wind energy systems shall comply with all Federal Aviation Administration (FAA) requirements.
   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 (8’) 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.
5. Small Wind Energy Systems Principal Structure-Mounted Standards.
   1. Permitted Use. Principal structure-mounted small wind energy systems shall be considered accessory uses / structures and must have a nameplate capacity of less than ten kilowatts (10kw).
   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 (8’) 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 fifty feet (50’) 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 (5’) 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.
6. Small Wind Energy Systems Accessory Structure-Mounted Standards.
   1. Permitted Use. Accessory structure-mounted small wind energy systems shall be considered accessory uses / structures and must have a nameplate capacity of less than ten kilowatts (10kw).
   2. Setbacks. Accessory structure-mounted small wind energy systems must meet all accessory structure setbacks and are not allowed as a permitted obstruction.
   3. Height. The maximum height of an accessory structure-mounted small wind energy system is eight feet (8’) 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 fifty feet (50’) above grade. Small wind energy systems shall comply with all Federal Aviation Administration (FAA) requirements.
   4. Size. All accessory structure-mounted small wind energy systems’ individual blades and / or radius from rotor may not exceed five feet (5’) in length.
   5. Mounting Location. Accessory structure-mounted small wind energy systems may be mounted upon any face of a sloped roof or to the front, side or rear façade of a structure. These systems may be attached to the roof, walls, foundation or other elevated surface of any permanent accessory structure.
7. Solar Energy Systems.
   1. Permitted Use – All Districts. Ground mounted solar energy systems shall be considered an accessory use or structure and shall be subject to the requirements of such, together with all applicable building codes and Village ordinances. Solar energy systems attached to a principal structure or accessory structure shall also be considered an accessory use in all districts and subject to review, approval and permitting.
   2. Solar energy systems installed on a building with a sloped roof shall not project vertically above the peak of the roof.
   3. Solar energy systems installed on a building with a flat roof shall not project vertically more than five feet (5’) above the roof.
   4. For all conduit, raceways, enclosures, junction boxes, disconnects, etc., associated with the DC power generation of the system, appropriately sized weatherproof labeling with "CAUTION SOLAR CIRCUIT" or similar marking no less than ten feet (10') apart and at all terminations is required.
   5. Building Code/Safety Standards. Any owner or operator of a solar 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 solar energy systems that are published by the International Building Code and/or National Electrical Code as amended from time to time. Also reference Article 690 of National Electrical Code - Solar Photovoltaic Systems.
   6. Building permits are required for the installation of solar energy systems and the fee for such permits shall be seventy-five dollars ($75.00), or such other fee as may be determined by the Village Board from time to time.
8. Abandonment, Violations and Enforcement.
   1. Abandonment. All abandoned or unused wind energy systems or solar energy systems shall be deemed a nuisance after two (2) months 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. After the wind energy system or solar energy systems is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition with thirty (30) days of removal.
   2. Violation. It is unlawful for any person to construct, install or operate a small wind energy system or solar energy systems 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. A separate offense is deemed committed on each day that a violation occurs or continues.
   3. Enforcement. The Zoning Enforcement Officer, or his / her designee, 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 Zoning Enforcement Officer, or his / her designee, may issue a citation for any violation of this Ordinance. Nothing in this section may be construed to prevent the Village of Newark from using any other lawful means to enforce this Ordinance.

(This entire Article 19 amended by Ord. No. 2020-11-1 Adopted 11-11-2020)