The purpose of this chapter is to:

   A.   Provide regulations for the safe, effective, and efficient development and use of renewable energy systems in the village of Pingree Grove.

   B.   To promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals.

   C.   To facilitate energy cost savings and economic opportunities for Pingree Grove residents.

   D.   Preserve the aesthetics of areas of the village in the interest of maintaining property values, public health and welfare.

   E.   To establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of renewable energy systems.

   F.   To assure that any development and production of wind generated electricity in Pingree Grove is safe and to minimize any potentially adverse effects on the community, including impacts to wildlife resources. (Ord. 2013-O-03, 4-1-2013)

ABANDONMENT: Any wind energy system (WES) and/or solar energy system (SES) that has not been repaired to operating condition within the reasonable time frame identified by Pingree Grove, as provided in this chapter.

AMBIENT SOUND: The all encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this chapter, the "ambient sound level" shall mean the quiescent background level, that is, the quietest of ten (10) second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs, cars in line of sight, or jets). Daytime ambient measurements should be made during midmorning, weekday hours while nighttime measurements should be made after twelve o'clock (12:00) midnight.

APPLICANT: The owner, who is in the process of submitting or has submitted an application to install a renewable energy system project in Pingree Grove.

BUILDING MOUNTED SOLAR ENERGY SYSTEMS (BSES): Solar energy systems that are structurally attached either to the roof or side of a building.

BUILDING MOUNTED WIND ENERGY SYSTEMS (BWES): Wind energy systems that are structurally attached either onto the roof of or to the side of a building.

CONCENTRATING SOLAR POWER: An alternative energy system that uses mirrors to reflect and concentrate sunlight onto receivers that collect the solar energy and convert it to heat.

DAYTIME HOURS: The hours of the day from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M., local time.

DECIBEL (dB): The unit of sound level based on a reference where zero dB represents the threshold of hearing at one thousand (1,000) Hz for a healthy young adult.

DECOMMISSIONING: Once a renewable energy system has been deemed inoperable or abandoned its components must be disassembled and removed from the premises, including the foundation. Upon removal, the site shall be restored to its original preconstruction condition.

FAA: The federal aviation administration of the United States department of transportation.

FCC: The federal communications commission.

FINANCIAL ASSURANCE: A reasonable assurance from a creditworthy party, examples of which include a surety bond, trust instrument, cash escrow, or irrevocable letter of credit.

FREESTANDING SOLAR ENERGY: An accessory structure solar energy system that is not attached to another structure or is ground mounted.

GEOTHERMAL ENERGY SYSTEM: A mechanical heating, ventilation, and air conditioning system containing buried coils in order to utilize constant subsurface temperatures to heat and cool structures.

GRID INTERTIE WES SYSTEM: A system that converts wind energy to electrical energy that is connected to an electric circuit served by an electric utility company.

HIGH QUALITY AQUATIC RESOURCE: Waters of the United States or isolated waters of Kane County that are determined to be critical due to their uniqueness, scarcity, function and/or value.

HORIZONTAL AXIS WIND TURBINE (HAWT): This is the most typical type of turbine used. They have the main rotor shaft and generator at the top of the tower, and must be pointed into the wind. Small turbines are pointed by a simple wind vane, while large turbines generally use a wind sensor coupled with a servo motor. Most have a gearbox, which turns the slow rotation of the blades into a quicker rotation that is more suitable to drive an electrical generator.

IDNR: The Illinois state department of natural resources.

LARGE WIND ENERGY SYSTEMS (LWES): Wind energy systems with turbine towers and fully extended blades measuring taller than one hundred twenty five feet (125') from the ground. LWES include one or more wind turbines, electronic conversion and distribution systems. They typically produce energy to be sold commercially and have a nameplate capacity of seven hundred fifty (750) kW to 2.5 MW.

MET TOWER: A meteorological tower with an anemometer, used for the measurement of wind speed.

NACELLE: The part containing the shaft, gearbox, and generator in a typical horizontal axis turbine.

NAMEPLATE WATTAGE: The amount of energy produced from a WES at maximum or optimum wind speeds within one hour, as indicated by the manufacturer.

NEIGHBORING PROPERTY: Any property within five hundred feet (500') of a renewable energy system.

NIGHTTIME HOURS: The time of the day after ten o'clock (10:00) P.M. until seven o'clock (7:00) A.M., local time.

NOISE: Sound that adversely affects the psychological or physiological well being of people.

NONPARTICIPATING PROPERTY: A property that is not owned by the owner of the property on which the renewable energy system is proposed or installed.

OPERATIONAL CONDITION: WES facilities being capable of operating at full capacity while meeting all sound, shadow flicker and other permit conditions.

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

OWNER: The person(s), who hold(s) title of the property on which a renewable energy system is installed; or the entity or entities with an equity interest in the renewable energy system, including their respective successors and assigns.

PARTICIPATING PROPERTY: A property that is owned by the owner of the property on which the renewable energy system is proposed or installed.

PROFESSIONAL ENGINEER: A qualified individual who is licensed as a professional engineer in the state of Illinois.

RENEWABLE ENERGY SYSTEM: A WES, SES, or "geothermal energy system" as defined in this chapter.

SHADOW FLICKER: The on and off strobe light effect caused by the shadow of moving blades cast by the sun passing above the turbine. Shadow flicker intensity is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.

SILHOUETTE: The area covered by moving blades of WES turbine, as viewed from the front elevation, described in square feet.

SMALL WIND ENERGY SYSTEMS (SWES): Freestanding, tower mounted wind energy systems with a system height measuring less than one hundred twenty five feet (125') from the ground. SWES facilities are accessory structures that generate power for local distribution and consumption. Generators typically range from one kW to one hundred (100) kW in nameplate wattage.

SOLAR ENERGY SYSTEM (SES): A system that uses the power of the sun to capture, distribute and/or store energy for on site consumption of utility power.

SOUND: A disturbance or oscillation that propagates outwardly as acoustic waves through the air.

SOUND FREQUENCY: The number of oscillations per second expressed in hertz (Hz). How we perceive sound is partly dependent on frequency. High frequency sound has more oscillations per second, whereas low frequency sound has fewer.

   A.   Audible Or Tonal Sound: Sound frequencies between twenty (20) and twenty thousand (20,000) Hz. With WES, this may include mechanical sounds from rotating machinery experienced as "hum" or "pitch" occurring at distinct frequencies.

   B.   Broadband: A wide range of frequencies above one hundred (100) Hz. With WES, the aerodynamics from the displacement of air from the turning blades of a wind turbine creates a "swishing" or "whooshing" sensation.

   C.   Low Frequency: Sound with frequencies below one hundred (100) Hz, including audible sound and infrasound.

   D.   Infrasound: Sound frequencies below twenty (20) Hz, which if sufficiently intense, can be perceived by many individuals.

SOUND LEVEL: The A-weighted sound pressure level in decibels (dB) (or the C-weighted level if specified) as measured using a sound level meter that meets the requirements of a type 2 or better precision instrument according to ANSI S1.4. The "average" sound level is time averaged over a suitable period (say 1 minute) using an integrating sound level meter that meets the requirements of ANSI S12.43.

STRUCTURAL ENGINEER: An engineer who is licensed and registered to practice structural engineering in the state of Illinois under the Illinois structural engineering act and whose principal professional practice is in the field of structural engineering.

STRUCTURAL WEIGHT: The combined weight of the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation.

SUBSTATION: The apparatus that connects the electrical collection system of the WES facilities and increases the voltage for connection with the utility's transmission lines.

SUN GLINT: The reflection of sunlight off of a surface of the solar panels or collector structure of solar energy systems and blades, tower, or other component of the wind energy system.

SYSTEM HEIGHT: The distance from the established grade level directly below the renewable energy system to the highest point of the renewable energy system, including the highest reach of the blades of any WES.

TOWER: The structure on which the wind system or solar system is mounted.

TURBINE: The parts of a WES including the blades, nacelle and tail.

VERTICAL AXIS WIND TURBINE (VAWT): A small scale wind turbine, in which the main rotor shaft is arranged vertically creating an "eggbeater" appearance. The generator and gearbox are located near the ground so the tower does not have to support it and it is more accessible for maintenance.

WATT (Symbol: W): A derived unit of power in the international system of units (SI). It measures rate of energy conversion. One watt is equivalent to one joule (J) of energy per second. The kilowatt (symbol: kW) is equal to one thousand (1,000) watts. The megawatt (symbol: MW) is equal to one million (1,000,000) watts.

WIND ENERGY SYSTEM (WES): A wind energy production, conversion and distribution system consisting of a wind turbine, tower, and associated electronics equipment. In other publications this is known as wind energy conversion system (WECS). (Ord. 2013-O-03, 4-1-2013)

   A.   Project Proposal:

      1.   Name, address and phone number of owner and/or applicant.

      2.   Address and legal description of participating property.

      3.   Project summary including the manufacturer information and number of proposed turbines.

      4.   Photos of the proposed location of BWES, including preinstallation conditions.

      5.   A front elevation depiction of the building showing location and proposed height of the top of the vaned or vertical axis turbine from the top of the building.

   B.   Zoning Districts:

      1.   One BWES turbine unit and mounting equipment is permitted on any zoned lot in the R-1, R-2, R-3, R-4, SR or HD districts containing a detached single-family dwelling or a public/community building.

      2.   More than one BWES turbine unit and mounting equipment requires a special use permit on any zoned lot in the R-1, R-2, R-3, R-4, SR or HD districts containing a detached single-family dwelling or a public/community building.

      3.   One or more BWES turbine unit and mounting equipment shall require a special use permit on any zoned lot in the R-5 district containing a residential building of ten (10) or more dwelling units or a public/community building.

   C.   Conformance With Approved Application And Plans:

      1.   If a special use permit is required, the owner shall construct the BWES project in substantial accordance with submitted special use permit application and all accompanying documents.

      2.   The owner shall be bound by any and all proposals and representations made under oath at the public hearing before Pingree Grove village board, which shall be considered supplementary conditions of the special use permit granted by Pingree Grove village board, even if not directly specified in the special use permit.

   D.   Engineering:

      1.   Manufacturer's engineering specifications of the turbine, nameplate wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production that must fit within the sound level standards below.

      2.   All BWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.

      3.   Each BWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

   E.   Braking Systems:

      1.   BWES facilities shall be equipped with automatic and manual braking systems.

      2.   The owner shall be capable of immediately ceasing operations as reasonably requested by Pingree Grove.

   F.   Electric Utility: Approval letter from the local electric utility company, if the system is to be tied to the energy grid. (Ord. 2013-O-03, 4-1-2013)

   A.   Installation:

      1.   BWES facilities must be installed according to manufacturer specifications.

      2.   BWES devices may be structurally attached either on the roof or on the side of a building, in accordance with Pingree Grove building code.

      3.   Electrical connections must be made by a licensed electrician.

   B.   Location And Setbacks:

      1.   BWES attached to the wall of a building are permitted toward the rear of the building with the minimum rear yard setback of the underlying zoning district.

      2.   BWES attached to the wall of a building are permitted toward the interior or street side of the building with the minimum setback being 1.1 times the height of the BWES.

      3.   BWES attached to the wall of buildings are prohibited in front yards of a lot.

   C.   Height: BWES facilities shall be allowed at the height of fifteen feet (15') above the highest point of the building structure, but in no case shall exceed forty five feet (45') above the ground in a residentially zoned district.

   D.   Sound Levels:

      1.   The average sound level from a BWES shall not exceed fifty five (55) dBA during daytime hours or forty five (45) dBA during nighttime hours at any point within neighboring, residentially zoned or used property. For neighboring industrial properties the sound level limit is sixty five (65) dBA and for other neighboring nonresidential properties, the sound level limit is sixty (60) dBA at any time of the day.

      2.   Five (5) dB shall be added to the average sound level from a BWES as a penalty when its sound emissions have an adverse character that includes prominent tones (e.g., a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (e.g., a periodic swishing sound).

      3.   No BWES shall operate with an average sound level more than five (5) dBA above the nonoperational ambient level, as measured within any neighboring residentially zoned or used property.

      4.   To limit the level of low frequency sound, the average C-weighted sound level during BWES operation shall not exceed the A-weighted ambient sound level by more than twenty (20) dB.

      5.   Sound level meters used for sound measurement must be a type 2 or better grade per ANSI S1.4 and must have an integrating feature that meets ANSI S1.43. Procedures must meet the applicable portions of ANSI S12.9. Measurements must be made when ground level winds do not exceed five (5) miles per hour.

      6.   Pingree Grove may require, at the owner's expense, field tests or sound propagation modeling, conducted by or supervised by an acoustics specialist certified by the Institute Of Noise Control Engineering as may be necessary, to determine whether a violation of said sound regulations is occurring or has occurred. The owner shall promptly remedy any such violations by or discontinue operation.

   E.   Shadow Flicker:

      1.   The BWES shall be sited such that shadow flicker will not fall on any window of an existing abutting nonparticipating property for more than one hour a day.

      2.   The applicant may commit to a schedule for turning BWES turbines off during periods when shadow flicker would affect any nonparticipating dwelling.

      3.   Subsequently constructed or modified residences shall not compromise the existing approval and operation of the BWES, as a legal nonconforming use, subject to the applicable regulations.

   F.   Silhouette:

      1.   The diameter of the BWES shall not exceed twenty percent (20%) of the width of the building's front elevation, for residential buildings and nonresidential buildings abutting residentially used properties.

      2.   The diameter of the BWES shall not exceed fifty percent (50%) of the width of a nonresidential building, not abutting residentially used properties.

   G.   Color And Sun Glint: BWES facilities shall be finished in a neutral color, as approved by Pingree Grove building official. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the system.

   H.   Electronic Interference: BWES facilities shall not operate so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, contrary to federal communications commission (FCC) or other state or local laws.

   I.   Signage: No BWES shall have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification. (Ord. 2013-O-03, 4-1-2013)

   A.   Maintenance And Complaints:

      1.   BWES facilities shall be maintained in operational condition at all times, except for reasonable maintenance and repair outages.

      2.   Should a BWES become inoperable, or should any part of the BWES become damaged, or should a BWES violate a permit condition, the owner shall cease operations immediately and remedy the condition promptly.

   B.   Decommissioning Plan:

      1.   Any BWES that has not been in operable condition within the above time frame, Pingree Grove building official shall notify the owner of the finding of abandonment. The owner shall remove all BWES structures within ninety (90) days of receipt of the finding of abandonment.

      2.   If such abandoned facility is not removed within ninety (90) days, Pingree Grove may remove all structures at the owner's expense. In the case of such removal Pingree Grove has the right to file a lien for reimbursement, or any and all expenses incurred by Pingree Grove without limitation, including attorney fees and accrued interest.

      3.   Upon removal, the site shall be restored to its original preconstruction condition. See photos presented with project proposal. (Ord. 2013-O-03, 4-1-2013)

BWES facilities within five hundred feet (500') of the local historic district or landmark or a national historic district or landmark must receive a recommendation from the historical and architectural sites commission that may be in place prior to submitting an application to the Pingree Grove board. (Ord. 2013-O-03, 4-1-2013)

   A.   Project Proposal:

      1.   Name, address and phone number of owner and/or applicant.

      2.   Address and legal description of participating property.

      3.   Photos of existing conditions for proposed SWES tower site(s) prior to installation.

      4.   Project summary including the manufacturer information, number of proposed turbines, and proposed height to the top of the turbine.

   B.   Zoning Districts:

      1.   One SWES turbine unit and mounting equipment shall require a special use permit on any zoned lot in the R-1, R-2, R-3, R-4, SR or HD districts containing a detached single-family dwelling.

      2.   One or more SWES turbine unit and mounting equipment shall require a special use permit on any zoned lot in the R-1, R-2, R-3, R-4, R-5, SR or HD districts containing a public/community use.

   C.   Conformance With Approved Application And Plans:

      1.   The owner shall construct the SWES project in substantial accordance with submitted special use permit application and all accompanying documents.

      2.   The owner shall be bound by any and all proposals and representations made under oath at the public hearing before Pingree Grove village board, which shall be considered supplementary conditions of the special use permit granted by Pingree Grove village board, even if not directly specified in the special use permit.

      3.   Following the granting of a special use permit, a professional structural engineer shall certify, as part of the final approval that the foundation and tower design of the SWES is within accepted professional standards, given local soil and climate conditions.

   D.   Engineering:

      1.   Manufacturer's engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production (see sound level standards below).

      2.   For turbines greater than twenty (20) kW of nameplate capacity, an Illinois licensed structural engineer's seal shall be required.

      3.   All SWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.

      4.   Each SWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

      5.   All electrical wires and lines connecting each facility shall be installed underground. To reduce potential bird perching and nesting, towers shall consist of enclosed tubular structures with a monopole pointed tops (unless other mitigation strategies are employed), rather than a lattice structures. External platforms and ladders shall not be permitted on towers, without appropriate mitigation. External platforms/landings and ladders shall not be permitted on towers, unless mitigation strategies to avoid bird roosting or nesting are employed.

   E.   Braking Systems:

      1.   SWES facilities shall be equipped with automatic and manual braking systems.

      2.   The owner shall be capable of immediately ceasing operations as reasonably requested by Pingree Grove.

   F.   Soil Studies: Turbines greater than one hundred feet (100') total height or greater than five thousand (5,000) pounds' structural weight shall require a soil analysis at base of the tower and a stamped drawing by an Illinois licensed structural engineer. Structural weight shall be defined as the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation.

   G.   Insurance:

      1.   The applicant shall provide proof of a current general liability policy covering bodily injury and property damage with limits of at least one million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate at the time of the use permit application and at the annual renewal.

      2.   The amount of coverage may be changed upon consultation with the attorney representing Pingree Grove.

   H.   Electric Utility: Approval letter from the local electric utility company, if the system is to be tied to the energy grid. (Ord. 2013-O-03, 4-1-2013)

   A.   Site Plan, Drawn To Scale, Including:

      1.   Existing and proposed contours, at a minimum of two foot (2') intervals.

      2.   Location, setbacks, exterior dimensions and square footage of all structures on the owner's property and abutting properties within one hundred feet (100').

      3.   Location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, field drain tiles, storm sewer systems, and water distribution systems.

      4.   Location of any overhead or underground power lines and utility easements.

      5.   The locations and the expected duration of shadow flicker caused by the SWES facility.

      6.   For an SWES facility proposed with a height of over seventy five feet (75'), within one and a half (1.5) miles of Kane County forest preserve district, Illinois State Park, Illinois Nature Preserve, or Illinois natural area inventory lands, Pingree Grove will provide notice to and solicit comments from the appropriate agency(ies). Pingree Grove may require the applicant to develop and implement an environmental plan that adequately mitigates or eliminates any potentially adverse impacts, identified through consultations, comments from noticed parties, and environmental studies. Applicants for small wind energy are encouraged to work with the Kane County soil and water conservation district, the Illinois department of natural resources and U.S. fish and wildlife service to initiate natural resource reviews in order to identify potential environmental issues before submitting the application. The Illinois department of natural resources and U.S. fish and wildlife service may request a thorough wildlife study evaluating the potential impact of the proposed construction and operation of a small wind energy facility on any species of concern or high quality wildlife habitat on or near the subject property.

   B.   Location: SWES facilities located on lots with detached single-family dwelling units shall be located toward the rear or side of buildings. SWES facilities are prohibited to be located toward the front yard area of any lot.

   C.   Setbacks:

      1.   Setbacks shall be measured from the base of the SWES tower.

      2.   SWES facilities may not be constructed within or over (including the blades) any utility, water, sewer, or other type of recorded easement.

      3.   SWES facilities may not be constructed within fifty feet (50') of all water bodies and wetlands and one hundred feet (100') of high quality aquatic resources.

      4.   SWES facilities shall be set back a distance equal to one hundred ten percent (110%), or 1.1 times the system height, from base to all property lines, third party transmission lines, and communication towers.

      5.   The blade tip, at its lowest point, shall have ground clearance of not less than fifteen feet (15').

      6.   Guywires and anchoring systems shall not extend closer than thirty feet (30') from the property line or public right of way.

   D.   Height:

      1.   SWES facilities shall be limited in height as noted in the table below. Rezonings and subsequently constructed residences shall not compromise the existing approval and operation of the SWES, as a legal nonconforming use, subject to the applicable regulations. SWES facilities exceeding these limits shall be considered large wind energy systems (LWES) and regulated under section 11-12-12 of this chapter.

 

 

   E.   Accessory Use:

      1.   The primary purpose of the SWES shall be the production of energy for local distribution and consumption.

      2.   SWES facilities shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes.

      3.   It is permissible to sell excess energy that is produced by an SWES to the local electric utility company. (Ord. 2013-O-03, 4-1-2013)

   A.   Installation:

      1.   SWES facilities must be installed according to manufacturer specifications.

      2.   Electrical connections must be made by a licensed electrician.

   B.   Sound Levels:

      1.   The average sound level from an SWES shall not exceed fifty five (55) dBA during daytime hours or forty five (45) dBA during nighttime hours at any point within neighboring, residentially zoned or used property. For neighboring industrial properties the sound level limit is sixty five (65) dBA and for other neighboring nonresidential properties, the sound level limit is sixty (60) dBA at any time of the day.

      2.   Five (5) dB shall be added to the average sound level from an SWES as a penalty when its sound emissions have an adverse character that includes prominent tones (e.g., a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (e.g., a periodic swishing sound).

      3.   No SWES shall operate with an average sound level more than five (5) dBA above the nonoperational ambient level, as measured within any neighboring residentially zoned or used property.

      4.   To limit the level of low frequency sound, the average C-weighted sound level during SWES operation shall not exceed the A-weighted ambient sound level by more than twenty (20) dB.

      5.   Sound level meters used for sound measurement must be a type 2 or better grade per ANSI S1.4 and must have an integrating feature that meets ANSI S1.43. Procedures must meet the applicable portions of ANSI S12.9. Measurements must be made when ground level winds do not exceed five (5) miles per hour.

      6.   Pingree Grove may require, at the owner's expense, field tests or sound propagation modeling, conducted or supervised by an acoustics specialist certified by the Institute Of Noise Control Engineering as may be necessary, to determine whether a violation of said sound regulations is occurring or has occurred. The owner shall promptly remedy any such violations by or discontinue operation.

   C.   Shadow Flicker:

      1.   The SWES facility shall be sited such that shadow flicker will not fall on any existing nonparticipating property within five hundred feet (500') of the SWES property for more than one hour a day.

      2.   The applicant may commit to a schedule for turning SWES turbines off during periods when shadow flicker would affect any nonparticipating building.

      3.   Subsequently constructed or modified residences shall not compromise the existing approval and operation of the SWES, as a legal nonconforming use, subject to the applicable regulations.

   D.   Color And Sun Glint:

      1.   SWES facilities shall be finished in either off white, light gray, other neutral color, or a color as approved by Pingree Grove building official.

      2.   The finish shall be flat or matte, so as to reduce incidence of sun glint.

      3.   The required coloration and finish shall be maintained throughout the life of the system.

   E.   Electronic Interference: SWES facilities shall not operate so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, contrary to federal communications commission (FCC) or other state or local laws.

   F.   Signage:

      1.   No SWES shall have any advertising material, writing, picture, or signage other than warning, turbine tower identification, or manufacturer or ownership information.

      2.   This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices, but not including meteorological/weather devices or bird flight diverters on guywires.

      3.   One warning sign, no less than eighteen (18) square inches and no greater than two (2) square feet in area, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and 911 and the phone number of the owner to call in case of emergency.

      4.   Manufacturer's identification or ownership information signs shall be no larger than one square foot.

   G.   Climb Prevention: The base of the tower shall not be climbable for a vertical distance of fifteen feet (15') from the base, unless enclosed with an eight feet (8') tall locked fence.

   H.   Lighting:

      1.   SWES facilities shall comply with all applicable federal aviation administration (FAA) and any other federal, state or local requirements.

      2.   SWES facilities shall not be artificially lighted unless required by the FAA or appropriate authority.

      3.   Any required lighting shall be shielded so that no glare extends substantially beyond the boundaries of the facility.

      4.   To reduce potential wildlife impacts, the facility should employ only red, or dual red and white strobe, strobelike, or flashing lights, not steady burning lights to meet FAA requirements for visibility lighting of wind turbines, permanent meteorological towers, and communication towers.

   I.   Coordination With Local Fire Department:

      1.   SWES operators shall provide emergency services access to the facility twenty four (24) hours a day, and all drives and access points shall remain unobstructed at all times.

      2.   The applicant shall submit a copy of the site plan to the local fire protection district.

      3.   Upon request by the local fire department, the owner shall cooperate with the local fire department to develop the fire department's emergency response plan.

      4.   Nothing in this section shall alleviate the need to comply with all other applicable fire, life safety and/or emergency response laws and regulations.

   J.   Stormwater And Drainage:

      1.   The applicant/owner shall design and install all necessary stormwater facilities as required by the Kane County regulations pertaining to stormwater management.

      2.   The owner shall repair any and all field drain tiles or other drainage and stormwater structures damaged by the construction or installation of the SWES at their own expense.

      3.   The owner shall maintain any and all drainage and stormwater systems on the subject property and keep them in good working order.

   K.   Wind Study And Met Towers:

      1.   Pingree Grove may allow the construction and/or installation of a met tower for the sole purpose of collecting wind generation data.

      2.   The applicant shall provide summary documentation of research and study that clearly demonstrates that the site has sufficient wind resources to be economically beneficial.

      3.   Met towers shall be limited to no more than one per square quarter mile.

      4.   Met towers must be dismantled within three (3) years of their installation.

      5.   The removal of the met towers shall coincide with the decommissioning plan.

      6.   If met towers are to use guywires, bird flight diverters or high visibility marking devices must be used. (Ord. 2013-O-03, 4-1-2013)

   A.   Maintenance And Complaints:

      1.   SWES facilities shall be maintained in operational condition at all times, except for reasonable maintenance and repair outages.

      2.   Should an SWES become inoperable, or should any part of the SWES become damaged, or should an SWES violate a permit condition, the owner shall cease operations immediately and remedy the condition promptly.

   B.   Decommissioning Plan:

      1.   Any SWES that has not been in operable condition within the above time frame, Pingree Grove building official shall notify the owner of the finding of abandonment. The owner shall remove all SWES structures within ninety (90) days of receipt of notice.

      2.   If such abandoned facility is not removed within ninety (90) days, Pingree Grove may remove all structures at the owner's expense. In the case of such removal Pingree Grove has the right to file a lien for reimbursement, for any and all expenses incurred by the Pingree Grove without limitation, including attorney fees and accrued interest.

      3.   Upon removal, the site shall be restored to its original preconstruction condition. See photos presented with project proposal. (Ord. 2013-O-03, 4-1-2013)

SWES facilities within five hundred feet (500') of the local historic district or landmark or a national historic district or landmark must receive a recommendation from the historical and architectural sites commission that may exist at the time prior to submitting an application to the Pingree Grove board. (Ord. 2013-O-03, 4-1-2013)

   A.   Prohibited: Large wind energy systems are prohibited for installation in the village of Pingree Grove. (Ord. 2013-O-03, 4-1-2013)

   A.   General Information:

      1.   Name, address and phone number of owner and/or applicant;

      2.   Address and legal description of participating property;

      3.   Locations, setbacks, and exterior dimensions of all structures on the subject site and properties within one hundred feet (100') of the proposed installation;

      4.   Location and size of all easements;

      5.   Location of any overhead utility lines;

      6.   Location of landscaping;

      7.   Location of pedestrian walkways;

      8.   Areas subject to flooding based upon the most recently available flood insurance rate maps prepared by the federal emergency management agency;

      9.   Manufacturer's engineering specifications, including scaled illustrations of proposed facilities and appurtenances;

      10.   Plans for roof installations showing existing and proposed structural elements signed and sealed by an architect licensed in the state of Illinois for roof mounted solar systems demonstrating the structural support for the solar system;

      11.   Plans for tower and foundation shall be signed and sealed by a structural engineer licensed in the state of Illinois for freestanding SES;

      12.   Detailed drawings of electrical components as supplied by the manufacturer and installation details to conform to the national electrical code;

      13.   Photos of the proposed location of BSES, including preinstallation conditions.

   B.   Zoning Districts:

      1.   Building mounted solar energy systems shall be permitted on principal and accessory structures of any zoned lot in the R-1, R-2, R-3, R-4, SR or HD districts containing a single-family detached dwelling or community/public building.

      2.   Building mounted solar energy systems shall be permitted on principal and accessory structures of any zoned lot in the R-5 district containing a community/public building or use.

      3.   Building mounted solar energy systems shall require a special use permit on principal or accessory structures of any zoned lot in the R-5 district containing any building or use other than a community/public building or use.

      4.   One freestanding solar energy system is allowed and shall require a special use permit on any zoned lot in the R-1, R-2, R-3, R-4, SR or HD districts containing a single-family detached dwelling or community/public building.

   C.   Conformance With Approved Application And Plans:

      1.   If a special use permit is required, the owner shall construct the solar energy system project in substantial accordance with submitted special use permit application and all accompanying documents.

      2.   The owner shall be bound by any and all proposals and representations made under oath at the public hearing before Pingree Grove village board, which shall be considered supplementary conditions of the special use permit granted by Pingree Grove village board, even if not directly specified in the special use permit.

   D.   Roof Coverage:

      1.   For pitched roof structures, building mounted solar energy systems are permitted to cover up to fifty percent (50%) the surface area of the roof. Any coverage over fifty percent (50%) shall require a special use permit.

      2.   For flat roof structures, building mounted solar energy systems are not restricted to any coverage limit provided the systems do not extend above the height of the roof or the parapet wall, whichever is higher.

   E.   Height:

      1.   Building Mounted Solar Energy System: A building mounted solar energy system may have a maximum height of the same as that of the building to which it is attached. A building mounted solar energy system may extend a maximum of five feet (5') above the roof height of the building to which it is attached with a special use permit.

      2.   Freestanding Solar Energy System: The maximum height of a freestanding solar energy system shall be eighteen feet (18') as measured from the average grade at the base of the pole to the highest edge of the system.

   F.   Location And Setbacks:

      1.   Building Mounted Solar Energy Systems: A building mounted solar energy system may be affixed to the roof of any principal or accessory structure, and must be located at least two feet (2') from a public walkway.

      2.   Freestanding Solar Energy Systems:

         a.   Shall not be located within the required front yard or toward the front yard of a lot;

         b.   Shall not be located in areas subject to flooding based upon the most recently available flood insurance rate maps prepared by the federal emergency management agency;

         c.   Shall be set back at least five feet (5') from the interior side and rear yard property lines;

         d.   Shall be set back at least the same distance as the required setback of the underlying zoning district from a corner side yard property line;

         e.   Shall not be located over any utility, water, sewer, or other type of easement.

   G.   Sun Glint: Panels or concentrating solar power arrays shall be arrayed or otherwise configured in a manner so as to not create sun glint into windows of adjacent properties.

   H.   Insurance: Proof of homeowner or business liability insurance, as determined to be appropriate by the village attorney.

   I.   Decommissioning Plan:

      1.   Any SES that has not been in operable condition, Pingree Grove building official shall notify the owner of the finding of abandonment. The owner shall remove all SES structures within ninety (90) days of receipt of the finding of abandonment.

      2.   If such abandoned facility is not removed within ninety (90) days, Pingree Grove may remove all structures at the owner's expense. In the case of such removal Pingree Grove has the right to file a lien for reimbursement, or any and all expenses incurred by Pingree Grove without limitation, including attorney fees and accrued interest.

      3.   Upon removal, the site shall be restored to its original preconstruction condition. See photos presented with project proposal. (Ord. 2013-O-03, 4-1-2013)

   A.   Zoning District: Geothermal energy systems shall be permitted in any zoning district provided the facilities are located entirely within the boundaries of the lot record for the building or structure to which they serve and meet all applicable Pingree Grove and other oversight agencies building and engineering codes and standards. (Ord. 2013-O-03, 4-1-2013)

The owner of the SES, BWES, SWES, and geothermal energy system project shall defend, indemnify and hold harmless Pingree Grove and their officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney fees arising out of the acts or omissions of the owner concerning the operation of the project without limitation, whether said liability is premised on contract or on tort. (Ord. 2013-O-03, 4-1-2013)

The provisions of this chapter shall be inapplicable in any location within the village of Pingree Grove where they are preempted by the requirements of an annexation agreement or amendment thereto during the term of such agreement. (Ord. 2013-O-03, 4-1-2013)