This division may be cited as the Wind Energy Code.

The purpose of this code is to establish regulations for the location, installation, and operation of wind-energy facilities. Among other goals, the regulations in this division are intended:

1. To promote the safe, effective, and efficient use of wind-energy facilities to produce electricity.
2. To preserve and protect public health, safety, welfare and quality of life by minimizing the potential adverse impacts of wind-energy facilities.
3. To establish standards and quantifiable procedures to direct the site location, engineering, installation, maintenance, and decommissioning of wind-energy facilities.
4. To define and delineate between various types of wind-energy facilities in order to properly regulate the different wind-energy facilities technologies.

1. This division applies to all wind-energy facilities proposed to be constructed after the effective date of this amendatory ordinance.
2. Wind-energy facilities constructed before the effective date of this amendatory ordinance will not be required to meet the requirements of this division. But any physical modification to an existing wind-energy facility that materially alters the size, type, and number of wind turbines and other equipment will be required to meet the requirements of this division.

1. Installation Allowed as a Permitted Use.
   1. Subject to the requirements of this sec. 15.15.2-5, small wind-energy facilities are a permitted use in the following zoning districts:
      1. B-1 (General Business).
      2. C-1 (Office) and C-3 (Regional Shopping).
      3. M-1 (Restricted Manufacturing) and M-2 (General Manufacturing).
      4. S-1 (University) and S-2 (Public Lands and Institutions).
   2. Nothing in this sec. 15.15.2-5 will be deemed to relieve any obligation for obtaining site-plan review as required under the Zoning Code.
2. Capacity Restrictions.
   1. A small tower mounted wind-energy facility may not have a nameplate capacity that exceeds 30 kilowatts.
   2. A small roof mounted wind-facility may not have a nameplate capacity that exceeds 10 kilowatts.
3. Building Permit Required; Site Plan.
   1. No person may construct, install, modify, or relocate a small wind-energy facility without first obtaining a building permit.
   2. In addition to any other requirement under this section, any person constructing a small wind-energy facility with a turbine located within 500 feet of the property line of a residential district must first obtain site plan approval in accordance with the procedures set forth under division 15.8 of this Zoning Code.
4. Upwind Turbines Required. Upwind turbines are required unless otherwise approved by the Zoning Code Administrator, based on technical specifications and site-specific information.
5. Visual Appearance. All of the following minimum requirements apply:
   1. Each small wind-energy facility, including accessory buildings and related structures, must be a non-reflective, non-obtrusive color, such as white, gray or black.
   2. The appearance of the small wind-energy facility and all accessory structures must be maintained throughout the life of the unit.
   3. Exterior lighting of a tower, rotor blades, and nacelle of a small wind-energy facility will be allowed only if required to meet Federal Aviation Administration mandatory requirements.
   4. A small wind-energy facility may not contain commercial signage, banners, flags, or advertising logos, except for the identification of the turbine manufacturer and unit specifications for regulatory purposes.
6. Ground Clearance. The lowest extension of any rotor blade or other exposed moving component of a small wind-energy facility must be at least 15 feet above the ground, as measured from the highest point of grade within 30 feet of the base of the wind-energy facility. In addition, the lowest extension of any rotor blade or other exposed moving component of a small wind-energy facility must be at least 15 feet above any outdoor areas intended for human use that are located below the wind-energy facility, including balconies, roof gardens, and similar structures.
7. Noise Control.
   1. If an adjacent parcel contains a residential use, then the noise produced by a small wind-energy facility may not exceed the lowest ambient sound level that exists between the hours of 9 p.m. and 9 a.m. along any adjacent property line used for residential purposes.
   2. If no adjacent parcel contains a residential use, then the noise produced by a small wind-energy facility may not exceed the lowest ambient sound level that exists between the hours of 9 p.m. and 9 a.m. on the parcel, plus 5 decibels dB(A).
8. Vibration. A small wind-energy facility may not produce vibrations that are perceptible to humans beyond any property line upon which the wind-energy facility is located.
9. Signal Interference. A small wind-energy facility may not interfere with communication systems, such as (but not limited to) radio, telephone, television, satellite, or emergency services communications systems.
10. Wire Supports. Guy wires or similar apparatus are prohibited as part of a small wind-energy facility installation.
11. Height Requirements.
    1. A small roof mounted wind-energy facility may not exceed the lesser of (i) 10 feet above the highest point of the adjacent roof or structure and (ii) 10 feet above the maximum permitted height of the zoning district.
    2. A small tower mounted wind-energy facility may not exceed 120 feet in a manufacturing district or 60 feet in any other zoning district permitted under sec. 15-15.2-5(A). The distance is measured from the grade at the base of the tower to the highest edge of the system.
12. Setbacks, Location, and Separation Requirements.
    1. A small roof mounted wind-energy facility must be affixed to the roof deck of a flat roof or to the ridge or slope of a fixed roof, and it may not be affixed to the parapet or chimney of any structure.
    2. For a small roof mounted wind-energy facility, no more than one turbine is allowed for every 750 square feet of the combined roof area of all structures on the parcel. For a pitched roof, each surface of the roof will be included in the roof-area calculation. A distance equal to the mounted height of the adjacent wind-energy facility must be maintained between the bases of each small roof mounted wind-energy facility.
    3. A small roof mounted wind-energy facility must be set back a minimum of 15 feet from any property line, public right-of-way, public easement, or overhead utility line.
    4. A small tower mounted wind-energy facility may not be located in any public right-of-way or public easement and must be set back a distance equal to at least 1.1 times the system height from the base to all property lines, public rights-of-way, public easements, or overhead utility lines.
    5. A small tower mounted wind-energy facility must be set back a minimum of 20 feet from all Occupied Buildings on the subject property, measured from the base of the tower.
    6. If more than one small tower mounted wind-energy facility is installed on a property, then a distance equal to the height of the tallest wind-energy facilities must be maintained between the bases of each wind-energy facility.
13. Safety Requirements.
    1. If the small wind-energy facility is connected to a public-utility system, then it must meet the requirements for interconnection and operation as set forth in the public utility’s current service regulations that meet federal, state and industry standards applicable to wind power generation facilities. Any such connection must be inspected and approved by the appropriate utility company.
    2. The small wind-energy facility must be equipped with an automatic braking, governing, or feathering system in order to prevent uncontrolled rotation, over-speeding, or excessive pressure on the wind-energy facility clearly visible waring sign regarding voltage must be placed at the base of the wind-energy facility.
    3. The structural integrity of the small wind-energy facility must conform to the design standards of the International Electrical Commission (IEC); specifically, IEC 61400-1 “Wind Turbine Safety and Design,” IEC 61400-2 “Small Wind Turbine Safety,” IEC 61400-22 “Wind Turbine Certification,” and IEC 61400-23 “Blade Structural Testing,” as amended or succeeded.
14. Building Permit Application. An application for a building permit under this section 15.15.2-5 must be accompanied by at least all of the following:
    1. A scaled site plan drawing, clearly illustrating the proposed wind-energy facility and all accessory structures and equipment in relation to all onsite and adjacent buildings, property lines, rights-of-way, public easements, and overhead utility lines. Setbacks as required in this section must be shown to scale on the site plan.
    2. A scaled site plan that clearly displays property dimensions, existing buildings on the subject property and on adjacent properties, sidewalks, non-motorized pathways, and streets.
    3. A scaled site plan that includes existing and proposed onsite grading/topography at 2-foot contour intervals.
    4. Product-specific technical information from the wind-energy facility manufacturer, including the proposed total height and type of wind-energy facility, maximum noise output in decibels, total rated generating capacity, product dimensions, rotor-blade diameter, and a detail of accessory structures.
    5. Documented compliance with applicable local, state, and federal regulations, including public-safety, construction, environmental, electrical, communications, and Federal Aviation Administration requirements.
    6. Documented evidence that the utility company has been informed of and approved the installation of the interconnected, customer-owned generator. Off-grid systems are exempt from this requirement.
    7. A narrative explaining the proposed methods that will be used to perform maintenance on the wind-energy facility in compliance with the manufacturer’s recommendations and requirements.
    8. A narrative that explains how the wind-energy facility will be tested after installation for compliance with the noise and vibration requirements of this sec. 15.15.2-5.
15. Decommissioning.
    1. If a wind turbine is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be nonoperational.
    2. The facility owner shall complete the decommissioning of a small wind-energy facility within 3 months of it becoming nonoperational. The Zoning Code Administrator may grant an extension for the decommissioning. Any extension may not exceed 6 months.
    3. A wind-energy facility for which the decommissioning as required under this section has not been completed is hereby declared to be a public nuisance. The Town may abate the nuisance in any manner as provided by law.

1. Special Use.
   1. A large wind-energy facility may be permitted as a special use in the following zoning districts:
      1. M-2 (General Manufacturing).
      2. S-1 (University) and S-2 (Public Lands and Institutions).
   2. An application for a special use permit for a wind-energy facility must be accompanied by all of the following:
      1. A narrative 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 of representative types and height or range of heights of wind turbines to be constructed, including their generating capacity, dimensions, and respective manufactures; and a description of ancillary facilities.
      2. An affidavit or similar evidence of agreement between the property owner and the facility owner or operator 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.
      3. A site plan showing the planned location of each wind turbine, property lines, setback lines, access road and turnout locations, substations, ancillary equipment, buildings, and structures, including permanent meteorological towers, associated transmission lines, and the layout of all structures within the geographical boundaries of any applicable setback.
      4. Any executed setback waiver under sec. 15-15.2-6(D).
2. Design and Installation.
   1. Design Safety Certification. The design of the large wind-energy facility must conform to applicable industry standards, including those of the American National Standards Institute. The applicant must submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.
   2. Regulatory Compliance. Each large wind-energy facility must comply with all federal, state, and local laws, rules, and regulations, including all building codes, electrical codes, health and safety rules and regulations, environmental rules and regulations, and aviation rules and regulations.
   3. Quantity of Wind Turbines.
      1. No more than one wind turbine may be installed for every 75 acres of land included in the subject parcel.
      2. In addition to the limitation in sec. 15-15.2-6(B)(3)(a), the number of wind turbines authorized on the subject parcel will be determined based on the setbacks and separation distances as required in this division.
   4. Controls and Brakes. All large wind-energy facilities must be equipped with a redundant braking system. This requirement includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes must be operated in a fail-safe mode. Stall regulation will not be considered to be a sufficient braking system for overspeed protection.
   5. Electrical Components. All electrical components of the large wind-energy facility must conform to relevant and applicable local, state, and national codes.
   6. Wire Supports. Guy wires or similar apparatus are not allowed as part of a large wind-energy facility installation.
   7. Visual Appearance.
      1. Wind turbines must be a non-obtrusive color, such as white, off-white, or gray.
      2. Large wind-energy facilities may not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority regulating air safety.
      3. Wind turbines may not display advertising, except for reasonable identification of the turbine manufacturer, facility owner, and operator. This identification may not exceed 2 square feet in total and may not be visible on the blades or tower.
      4. On-site transmission and power lines must, to the extent practical, be placed underground.
   8. Warnings. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
   9. Crime Prevention Locks. Wind turbines may not be climbable up to 15 feet above ground surface. All access doors to wind turbines and electrical equipment must be locked or fenced, as appropriate, to prevent entry by nonauthorized individuals.
3. Setbacks.
   1. Occupied Buildings.
      1. Wind turbines must be set back from the nearest occupied building a distance of not less than the normal setback requirements for that zoning classification or 1.5 times the turbine height, whichever is greater.
      2. Wind turbines must be set back from the nearest occupied building located on a nonparticipating landowner’s property a distance of no less than 5 times the hub height.
      3. The setback distance will be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.
   2. Property Lines. All wind turbines must be set back from the nearest property line a distance of not less than the normal set back requirements for that zoning classification or 1.1 times the turbine height, whichever is greater.
   3. Public Roads. All wind turbines must be set back from the nearest public road a distance of not less than 1.1 times the turbine height. The setback distance will be measured from the center of the wind turbine base to the right-of-way line.
   4. Tower Separation. Wind turbine separation must comply with industry standards and manufacturer’s recommendations.
4. Setback Waiver.
   1. A landowner may waive the setback requirements in sec. 15-15.2-6(C)(1) and sec. 15-15.2-6(C)(2). But in no event may the wind turbine be located closer to an occupied building than 1.1 times the turbine height.
   2. The waiver must be executed in writing in recordable form and must notify the waiving property owner of the setback required by this division, must describe how the proposed wind-energy facility is not in compliance with the setback, and must state that consent is granted for the wind-energy facility to not comply with the setback required under this division.
   3. The facility owner must record the waiver in the Recorder of Deeds Office of the County of McLean. The waiver must describe the properties benefited and burdened and advise all subsequent purchasers of the burdened property that the waiver of setback will run with the land and may forever burden the subject property.
   4. The Town or other public body with jurisdiction over the public road may waive the setback requirement under sec. 15-15.2-6(C)(3).
5. Use of Public Roads.
   1. Prior to initiating construction or transporting materials to a proposed site, a road assessment shall be performed documenting existing road conditions, establishing structure and pavement weight limits, and verifying roadway and intersection geometry for all movements of equipment and materials. The road assessment shall be performed by an Illinois Licensed Professional Engineer meeting the approval of the Town. The final road assessment shall be reviewed and approved by the Town prior to construction. All roads utilized to transport equipment and materials shall be subject to approval by the Town and no load which exceeds the weight or size limits established by the approved road assessment shall be allowed. The facility owner shall be responsible for the costs of the road assessment, any pavement, structure or geometric upgrades required by the road assessment prior to construction, and all damages to publicly owned roads caused by the transport of equipment and materials to a proposed site regardless of the weight limits or parameters established by the road assessment. The Town shall make the final determination of any required road repairs and shall approve all repair work for final acceptance. All road work shall be subject to Town approval, including but not limited to the construction limits, repair methods, and contractors.
   2. Each large wind-energy facility must be accessible from an access road in order to offer an adequate means by which public safety vehicles may readily access the site in the event of an emergency. All access roads must be constructed to standards approved by the Town Engineer, Police Chief and Fire Chief.
6. Noise, Vibration, and Shadow Flicker.
   1. Audible sound from a large wind-energy facility must comply with Illinois Pollution Control Board regulations.
   2. A large wind-energy may not produce vibrations that are perceptible to humans beyond any property line upon which the wind-energy facility is located.
   3. The facility owner shall conduct an analysis of potential shadow flicker onto any occupied building of a nonparticipating landowner with direct line-of sight to the wind turbine. The analysis must identify the locations of shadow flicker that may be caused by the wind turbine and the expected durations of the shadow flicker at these locations from sunrise to sunset over the course of a year. The analysis must identify situations where shadow flicker may affect the occupants of the buildings for more than 30 hours per year and describe measures that will be taken to eliminate or mitigate the problems. Shadow flicker on an occupied building a nonparticipating landowner may not exceed 30 hours per year.
7. Signal Interference. A large wind-energy facility may not create an interference issue with communication systems, such as (but not limited to) radio, telephone, television, satellite, or emergency-services communications systems, unless the issue is able to be resolved with the consent of the impacted property owner.
8. Decommissioning.
   1. If a wind turbine is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be nonoperational. A nonoperational wind turbine is hereby declared to be a public nuisance.
   2. A permit application for a large wind-energy facility must include a decommissioning plan for the decommissioning of nonoperational anticipated service life of the wind turbine or in the event the wind turbine is abandoned or has reached its life expectancy. If the system is out of service or not producing electrical energy for a period of 12 months, then it will be deemed to be nonoperational, and the decommissioning and removal of that system will commence according to the decommissioning plan as provided and approved. A cost estimate for the decommissioning of the system must be prepared by a professional engineer or contractor who has expertise in the removal of the wind turbine. The decommissioning cost estimate must explicitly detail the cost before considering any projected salvage value of the out of service wind turbine. A restoration plan must also be provided for the site with the application. The decommissioning plan must include the following within 6 months after the wind turbine becomes non-operational:
      1. The removal and disposal of the wind turbine and all accessory structures, electrical components, and all foundations to a minimum depth of 60 inches.
      2. All access drives to the wind turbine must be removed, cleared, and graded by the facility owner, unless the landowner requests in writing a desire to maintain the access drives. All such maintained access drives will remain private, and the Town will have no duty to undertake any maintenance or repair of those drives.
      3. The wind turbine site and any disturbed earth must be stabilized, graded, and cleared of any debris. If the site is not to be used for agricultural purposes, then the site must be seeded to prevent soil erosion.
      4. Hazardous material must be removed from the site and dispose in accordance with federal and state law.
   3. Prior to any installation, the owner shall provide to the Town a surety instrument in the amount of the cost estimate set forth under sec. 15-15.2-6(H)(2). The surety instrument must be in the form of a surety bond or letter of credit and be in a form and manner acceptable to the director. The surety instrument must provide the security to the Town if the owner fails to decommission the wind turbine in accordance with the decommissioning plan.
   4. If the owner fails to decommission the wind turbine as required under the decommissioning plan, then, upon reasonable notice, the Town or its agents may enter the property to complete the decommissioning. The owner will be responsible for all costs incurred by the Town to complete the decommissioning.
   5. The City Engineer may grant an extension of the decommission period based upon a reasonable and explanatory request by the owner. Any such extension period may not exceed one calendar year.
9. Liability Insurance.
   1. The owner shall, at all times the facility is located at the site, maintain a general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $5 million in the aggregate.
   2. All policies, except policies for professional liability, must be written on an occurrence basis. All policies must be written with insurance carriers who are qualified to do business in the State of Illinois and who are rated A-VII or better in the latest Best’s Key Rating Guide. All policies must be written on the most current Insurance Service Office (ISO) or National Council on Compensation Insurance (NCCI) form or a manuscript form if coverage is broader than the ISO or NCCI form.
   3. The policy must give the Town at least 30 days’ notice prior to any change, cancellation, or non-renewal except in the case of cancellation for nonpayment of premium, in which case the notice must be made 10 days before the cancellation. Any renewal certificate of insurance must be automatically provided to the Town at least 30 days prior to the policy expiration. If a self-insured retention or a deductible is maintained on any of the policies, then the amount of the retention or deductible is subject to approval by the Town; the Town may not unreasonably withhold the approval.
   4. Prior to any work at the site, the owner shall provide the Town with certificates of insurance showing evidence that the insurance policies required under this sec. 15-15.2-6(I) are in full force and effect.
10. Certification and Compliance.
    1. The owner shall notify the Town of a change in ownership of the wind-energy facility or a change in ownership of the property on which the wind-energy facility is located within 60 days after the transfer.
    2. The Town reserves the right to inspect any wind-energy system, in order to ensure compliance with this division.
    3. A sound pressure level analysis must be conducted from a reasonable number of sampled locations at the perimeter and in the interior of the property containing any wind turbines to demonstrate compliance with the requirements of this division. Proof of compliance with the noise standards is required within 90 days after the date the wind turbine becomes operational. Sound must be measured by a third-party, qualified professional, with the associated fees being paid by the owner.

1. Noise. If any aggrieved person alleges that a wind turbine is not in compliance with the noise requirements of sec. 15.15.2-5(G) or sec. 15.15.2-6(F), then the administrative procedure will be as follows:
   1. The complainant must notify the Zoning Code Administrator in writing of the alleged noise violation.
   2. The Zoning Code Administrator shall coordinate with the Police Department to test the decibel level for compliance with the standards of this division.
   3. If the test under sec. 15.15.2-7(A)(2) indicates that the noise levels are in compliance with this division, and the complainant is dissatisfied with the results of that test, then the complainant may request a noise-level test by a certified acoustic technician. The complainant must submit a cash deposit with the Town in an amount sufficient to pay for the noise level test. If the noise-level test indicates that the noise level complies with the standards of this division, then the Town will use the deposit to pay for the test. If the noise-level test indicates that the noise levels are not in compliance with the standards of this division, then the Town will reimburse the deposit to the complainant, and the owner shall reimburse the Town for the cost of the test.
   4. If a test under sec. 15.15.2-7(A)(2) or sec. 15.15.2-7(A)(3) indicates that the noise levels are not in compliance with this division, then the owner shall take immediate action to bring the wind turbine into compliance. The Town may require that the wind turbine be shut down until compliance can be achieved.
2. Shadow Flicker. If any aggrieved person alleges that a wind turbine is not in compliance with the shadow flicker requirements of sec. 15.15.2-6(F), then the administrative procedure will be as follows:
   1. The complainant must notify the Zoning Code Administrator in writing of the alleged shadow flicker violation.
   2. The Zoning Code Administrator or his or her designee shall examine the shadow flicker complaint on the site.
   3. If the examination under sec. 15.15.2-7(B)(2) indicates that the shadow flicker levels are in compliance with this division, and the complainant is dissatisfied with the results of that examination, then the complainant may request a shadow flicker level test by a certified technician. The complainant must submit a cash deposit with the Town in an amount sufficient to pay for the test. If the test indicates that the shadow-flicker level complies with the standards of this division, then the Town will use the deposit to pay for the test. If the test indicates that the shadow-flicker levels are not in compliance with the standards of this division, then the Town will reimburse the deposit to the complainant, and the owner shall reimburse the Town for the cost of the test.
   4. If the examination under sec. 15.15.2-7(B)(2) or the test under sec. 15.15.2-7(B)(3) indicates that the shadow-flicker levels are not in compliance with this division, then the owner shall take immediate action to bring the wind turbine into compliance. The Town may require that the wind turbine be shut down until compliance can be achieved.