The purpose of this Chapter is to regulate the construction and operation of wind energy systems (WES) within the Village and within the one-and-one-half (1½) mile radius surrounding the zoning jurisdiction of the Village in order to protect the health, safety and welfare of the public while ensuring the quality of life for the citizens of the Village of Princeville. Nothing in the Chapter is meant to adjust existing opportunities for public participation.

(Ord. No. 2024-12-02, § 1, 12-17-24)

This Chapter governs the siting of a WES or systems, including substations utilized for commercial and noncommercial use within the Village of Princeville and the one-and-one-half (1½) mile area surrounding the Village.

The provisions of these regulations shall be held to be the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of the Village. These regulations are not intended to repeal, abrogate, annul or in any manner interfere with existing regulations or laws of the Village nor conflict with any statutes of the State of Illinois, except that these regulations shall prevail in cases where these regulations impose a greater restriction than is provided by existing statutes, laws or regulations.

Nothing in this Chapter is intended to preempt any other applicable State or federal laws and/or regulations.

(Ord. No. 2024-12-02, § 1, 12-17-24)

If any section, paragraph, clause, phrase or part of this Chapter is for any reason held invalid, such decision shall not affect the validity of the remaining provisions of these regulations, and the application of those provisions to any persons or circumstances shall not be affected thereby.

(Ord. No. 2024-12-02, § 1, 12-17-24)

No WES or substation shall be constructed, erected, installed, or located within the Village of Princeville and the surrounding one-and-one-half (1½) mile area unless prior approval has been obtained for each individual WES or substation pursuant to this Chapter.

(Ord. No. 2024-12-02, § 1, 12-17-24)

Unless otherwise expressly stated, for the purposes of this Chapter, the following terms, phrases, words, and their derivations, shall have the meanings indicated in this Section:

Application shall mean the application for a WES special use permit and siting approval for a WES project submitted to the Village pursuant to this Chapter.

Applicant shall mean the entity or person who submits to the Village of Princeville an application for the siting of any WES or substation or thereafter operates or owns a WES.

FAA refers to the Federal Aviation Administration.

Fall zone shall mean the area, defined as the farthest distance from the WES tower base, in which a WES tower will collapse in the event of a structural failure. This area is the total height of the structure plus length of blade.

Feeder line shall mean any power line that carries electrical power from one (1) or more wind turbines or individual transformers associated with individual wind turbines to the point of interconnection with the electric power grid.

Financial assurance shall mean a reasonable assurance from a credit worthy party, examples of which include, a surety bond, performance bond, trust instrument, cash escrow, or irrevocable letter of credit, that is deemed acceptable by the Village, in its sole discretion.

Host agreement shall mean an agreement between the applicant and the Village which addresses the economic development and growth impacts to the Village caused by hosting any WES within the borders of the Village and the one-and-one-half (1½) mile area surrounding the Village.

Meteorological tower shall mean, for the purposes of this Chapter, towers which are erected primarily to measure wind speed and direction plus other data relevant to siting WES. For purposes of this Chapter, meteorological towers do not include towers and equipment used by airports, the Illinois Department of Transportation, or other similar applications or government agencies, to monitor weather conditions.

Nonparticipating landowner refers to a person who owns land or real property in the WES regulatory jurisdiction who is not an applicant, owner or operator and has not entered into a contract, lease, option or agreement with the applicant, owner or operator concerning a WES project within the WES regulatory jurisdiction.

Off-grid system(s) refers to a system that supplies electrical power solely for onsite use with a rated capacity of one hundred (100) kilowatts or less.

Operator refers to the entity responsible for day-to-day operation and maintenance of the WES, including any third party subcontractors.

Owner refers to the entity or entities with an equity interest in the WES including their respective successors and assigns. Owner does not mean the real property owner where the WES is located unless the property owner has an equity interest in the WES. Owner also does not mean any person holding a security interest in the WES solely to secure an extension of credit, or a person foreclosing on such a security interest provided that after foreclosure such person seeks to sell the WES within one (1) year of such event.

Participating landowner refers to a person who owns land in the WES regulatory jurisdiction and is either personally the applicant, owner or operator of a WES or has entered into a contract, lease, option or other agreement with an applicant, owner or operator of a WES.

Person refers to a real person or legal entity as recognized by Illinois law.

Primary structure shall mean the structure that can be occupied by one (1) or more persons for either business or personal reasons, including residences, dwellings, commercial buildings, schools, churches, hospitals, retail buildings, day care facilities, hunting sheds, storage sheds, pool houses, garages and barns.

Professional engineer refers to a qualified individual who is licensed as a professional engineer in the State of Illinois.

Property line refers to the boundary line of the area over which the entity applying for a WES permit has legal control for the purposes of installation of a WES.

Public conservation lands shall mean land owned in fee title by State or federal agencies and managed specifically for conservation purposes, including, but not limited to, State wildlife management areas, State and federal parks, State scientific and natural areas, federal wildlife refuges and waterfowl production areas. For the purposes of this Chapter public conservation lands will also include lands owned in fee title by nonprofit conservation organizations. Public conservation lands do not include private lands upon which conservation easements have been sold to public resource management agencies or nonprofit conservation organizations.

Rated wind speed shall mean the lowest wind speed at which the rated output power of an electric-generating wind device is produced.

Rotor shall mean an element of a wind energy system that acts as a multibladed airfoil assembly, thereby extracting through rotation, kinetic energy directly from the wind.

Rotor diameter refers to the diameter of the circle described by the moving rotor blades.

Shadow flicker refers to the alternating changes in light intensity caused by the moving blade of a WES casting shadows on the ground, roadways, objects, and/or structures.

Sound pressure refers to the average weight at which sound energy is transmitted through a unit area in a specified direction. The pressure of the sound measured at a receiver.

Sound pressure level refers to the sound pressure mapped to a logarithmic scale in reported in decibels (db).

Structural engineer refers to a qualified individual who is licensed as a structural engineer in the State of Illinois.

Subject property refers to the real estate where a WES, substation, and/or accessory or supporting equipment is, or proposed to be, located.

Substation refers to any electrical facility designed to convert electricity produced by wind turbines for interconnection with high voltage transmission lines.

Total height refers to the distance measured from grade to the upper most extension of any blade or the maximum height reached by any part of a WES.

Tower shall mean the support structure to which the nacelle and rotor are attached, free standing or guyed structure that supports the wind turbine generator.

Tower height refers to the distance from the rotor blade at its highest point to the top surface of the WES foundation.

Transmission line refers to electrical power lines that carry voltages of at least sixty-nine thousand (69,000) volts (69 KV) and are primarily used to carry electrical energy over medium to long distances rather than directly interconnecting and supplying electric energy to retail customers.

Wind energy system (WES) refers to any device or combination of devices that convert wind energy into electricity through the use of a wind turbine generator which includes, but is not limited to, the turbine, blade, tower, base, pad transformer, supports, guy wires, generators, electrical lines, access roads, wiring, and any other accessory equipment, if any.

WES project refers to the collection of WES and substations as specified in the siting approval application.

WES project (or facility) refers to one (1) or more wind energy systems (WES) which are intended to produce electricity for sale to a rate regulated or nonregulated utility or for use off site.

WES regulatory jurisdiction refers to the jurisdictional limits of the Village of Princeville and the one-and-one-half (1½) miles surrounding its zoning jurisdiction.

Wind turbine and/or wind turbine generator shall mean any piece of electrical generating equipment that converts the kinetic energy of moving or blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind.

Wind site assessment refers to any assessment meant to determine the wind speeds at a specific area and the feasibility of use that site for construction of a wind energy system.

(Ord. No. 2024-12-02, § 1, 12-17-24)

The owner or operator of any WES shall maintain a current general liability policy covering bodily injury and property damage and name Village of Princeville as an additional insured with limits of at least ten million dollars ($10,000,000.00) per occurrence and of at least twenty million dollars ($20,000,000.00) of annual aggregate with a deductible of no more than ten thousand dollars ($10,000.00).

(Ord. No. 2024-12-02, § 1, 12-17-24)

Any application for any WES shall include an agreement in a form acceptable to the Village by the applicant, owner, or operator to the applicant to indemnify and hold harmless the Village and the Village's officers, Board members, trustees, employees, and agents from and against any and all damages, costs, remediation, claims, demands, lawsuits, appeals, losses, attorneys' fees and expenses to the extent arising out of or resulting from a permit authorizing the development, construction, building, operation, and/or maintenance of a WES, WES project, or substation.

(Ord. No. 2024-12-02, § 1, 12-17-24)

Any provisions contained in this Section are generally applicable to all WES unless otherwise specifically stated in the applicable section.

A.

Design Safety Certification and Conformance to Codes and Standards. WES and all components shall conform to all applicable industry standards, including those of the American National Standards Institute (ANSI) and the International Electrical Commission. Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (CGL), or an equivalent third party. The WES shall comply with all applicable local and county codes for electrical, mechanical and structural components of the facility. All documents provided for review shall be stamped by a Professional Engineer.

B.

Each application shall contain a certification by a Structural Engineer that the foundation and tower design of the WES are within accepted professional standards for the given proposed location.

C.

Controls and Brakes. Any and all WES shall be equipped with manual and automatic controls and mechanical brakes to limit rotation of the blades to a speed below the design limits of the WES. A Professional Engineer must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from the certified design shall be permitted unless accompanied by Professional Engineer.

D.

Electrical Lines. Any and all electrical wires and lines connecting WES to other WES or substation shall be installed underground.

E.

Utilities. All electrical components of the WES shall conform to all applicable local utility standards and national electric codes. All electrical wires and lines connecting each WES to other WES shall be installed underground.

F.

Color, Finish, and Appearance. The tower and the blades of the WES shall be uniform in style and color and shall be off-white, light gray, or other neutral color. The finish of the tower and the blades shall be flat or matte and nonreflective. The required coloration and finish shall be maintained throughout the life of the system. The towers and blades shall be uniform in direction of blade rotation. Any on site buildings shall be designed such that they are unobtrusive to minimize the industrial character of the project. All colors, finishes and design shall conform to all applicable FAA requirements. Except for required warnings and tower identification, no lettering, company insignia, advertising or graphics shall be on any part of the tower, hub or the blades.

G.

Signage. No WES shall have any advertising material, writing, picture, or signage other than warning, equipment identification or ownership information. 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. Signs warning of the high voltage associated with a WES shall be posted at every entrance to a WES and at the base of all pad mounted transformers and substations. A sign that provides emergency contact information and the phone number of a representative of the applicant, owner or operator who is responsible for responding to emergencies at the site on the applicant, owner or operator's behalf, shall be posted near each tower and operations and maintenance buildings. Visible, reflective, colored objects such as flags, reflectors or tape shall be placed on the anchor points of guywires, if any, and along the guywires up to a height of not less than eight (8) feet from the ground. Each tower shall have posted a unique number for identification purposes which shall be posted near each WES and the operations and maintenance buildings.

H.

Power Lines. All electrical control wiring and power lines shall be wireless or not aboveground except where WES project collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

I.

Access Roads. The applicant shall minimize the number and width of access roads, minimize cut and fill on sloping terrain and use natural terrain where feasible for these access points.

J.

Lighting. Towers, blades, and/or other WES components shall not be artificially lit unless otherwise required by the FAA. If required by the FAA to be lit, the lights shall meet the FAA requirements at the lowest intensity allowed. WES shall use Aircraft Lighting Detection Systems (ADLS) approved by the FAA which keep all lights off until an aircraft approaches. No glare shall extend beyond the boundaries of the WES. Red lights which are timed to activate at intervals in unison are required for nighttime illumination. The applicant shall use and seek leave from the FAA to utilize the least intrusive lighting possible. The flash intervals of the lighting scheme of the entire WES project shall be synchronized.

K.

Landscaping. Applicant shall minimize the disruption of natural environment, retain existing vegetation and native plant species to the maximum extent feasible and replant with native vegetation. If existing vegetation is disturbed during construction.

L.

Climb Prevention. Any and all WES shall be designed to prevent unauthorized access to electrical and mechanical components or access to the towers on the site. All WES must utilize a monopole design with an internal ladder and locked access door and all other WES such design is preferred and guy wired towers are disfavored. All towers shall not be climbable from the ground to fifteen (15) feet aboveground and all access doors to towers and equipment shall be lockable.

M.

Avian, Bat and Wildlife Impact. Applicant of any WES project shall have a third party, qualified professional approved by the Village conduct an analysis to identify and assess any potential impacts on birds, bats, other wildlife and endangered species, including a study to determine the preconstruction habitats and provide a model to study all post-construction impacts. The applicant shall take the appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts. The Village shall have sole discretion to determine whether wildlife impacts are adequately addressed.

The applicant shall provide the Village with the results of and demonstrates its compliance with the recommendations from consultation with the Illinois Department of Natural Resources that are obtained through the Ecological Compliance Assessment Tool (EcoCAT); and the results and recommendations of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review.

N.

Underground Cable Warnings. All cables, except where installed by trenchless methods, shall have an underground warning tape buried a minimum twenty-four (24) inches below grade and a minimum of twelve (12) inches above cable in the same trench. The warning tape shall be six (6) inches wide polyethylene plastic, shall be red in color, and shall have the appropriate warning stenciled on it.

O.

Agency Permits. In addition to any and all permits required by the Village, applicant shall obtain all required permits from other State and federal governmental agencies (such as the Federal Aviation Administration) prior to commencing construction or as otherwise required by the applicable laws and regulations. Copies or evidence of such permits shall be submitted to the Village as a part of its application.

P.

Signal Interference. The applicant shall have a third party qualified professional, approved by the Village, provide a study of all communication signal interference. WES shall not be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antennas for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. WES shall not be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant. WES shall not be installed to negatively alter any Doppler Radar or other warning system of any local or national weather service. The applicant shall provide the project summary and site plan to all microwave transmission providers, weather warning services and all communication tower operators with five (5) miles of any WES to address potential conflicts. If after construction of the WES, the owner or operator receives a written complaint related to interference with cell phone, wireless internet, or local broadcast residential television, the owner or operator must investigate and resolve any interference completely with forty-eight (48) hours of the complaint. The Village shall have sole discretion to determine whether the impact to communications and signals have been adequately addressed.

(Ord. No. 2024-12-02, § 1, 12-17-24)

A.

All WES towers shall be set back at least five thousand (5,000) feet, from any primary structure on a parcel of real property which is participating in a WES project by leasing, contracting, owning, selling, or allowing any portion of said real property to be used for the placement of a WES. The distance for the participating landowner setback shall be measured from the point of the primary structure foundation closest to the WES tower to the center of the WES tower foundation. A participating landowner may waive this requirement, if the landowner provides sworn proof that no person under the age of eighteen (18) resides or frequents the structure, subject to Village approval of a variance but in no case shall a wind turbine be closer than 1.3 times the tower height from any primary structure. All WES shall be set back from any exterior wall on any primary structure on nonparticipating lands by at least two (2) miles.

B.

All WES shall be set back at least two (2) miles from school property lines.

C.

All WES towers shall be set back a distance of at least five thousand (5,000) feet from public roads, third party transmission lines, and communication towers.

D.

All WES towers shall be set back a distance of at least five thousand (5,000) feet from adjacent participating property lines and at least two (2) miles from the property lines of a nonparticipating property. This requirement can be waived by a participating landowner subject to an approved variance application with the Village but in no event can a turbine be closer to a property line than 1.3 times tower height.

E.

All WES towers shall be set back a distance of at least two (2) miles from the property line of any public conservation lands, and a distance of at least two (2) miles from any river bluff located on public or private property.

(Ord. No. 2024-12-02, § 1, 12-17-24)

A.

The owner or operator of the WES must submit, on an annual basis, a summary of the operation and maintenance reports to the Village. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the Village reasonably requests.

B.

Any physical modification to the WES that alters the mechanical load, mechanical load path, or major electrical components shall require recertification under this Chapter. Like-kind replacements shall also require re-certification which shall be subject to a new public hearing and approval process.

C.

An applicant or successor in interest shall have the facility inspected annually by third party qualified wind power professional, approved by the Village, at the applicant's own expense. The third party qualified wind power professional shall be subject to the approval of the Village's engineer or designated representative. Within fifteen (15) days of the inspection, a copy of any report must be provided to the Village. The WES may not operate unless a certificate is provided to the Village indicating that the annual maintenance has been completed and the facility is in good working condition. Failure to provide this annual certification may cause the revocation of the special use permit.

D.

Coordination with local fire department and indemnification for emergency services.

1.

The applicant, owner, or operator shall submit to the local fire department a copy of the site plan.

2.

The applicant, owner, or operator will communicate with any fire department(s) providing fire protection for the areas of the proposed WES and upon request by the fire department cooperate in the development or revision of the fire department's emergency response plan.

3.

The applicant, owner, or operator shall where reasonably possible link the WES project's fire detection systems with the appropriate fire departments.

4.

Nothing in this Section shall alleviate the need to comply with all other applicable fire laws and regulations.

5.

If a fire emanates from any portion of a WES project the applicant, owner and operator shall be liable for all costs and expenses incurred by Village of Princeville, any emergency services responding to same including any fire department and all costs and expenses incurred by any nonparticipating landowner.

E.

Materials Handling, Storage and Disposal.

1.

All solid wastes related to the construction, operation and maintenance of the WES shall be removed from the site and promptly disposed of in accordance with all federal, State and local laws.

2.

All hazardous materials related to the construction, operation and maintenance of the WES shall be promptly handled, stored, transported and disposed of in accordance with all applicable local, State and federal laws.

F.

Complaint Resolution.

1.

The applicant of any WES project shall develop a process to resolve any complaints that may arise during the construction and operation of the WES. The process shall use an independent mediator and shall include a time limit for acting on a complaint that is received. The process shall not preclude the local government from acting on a complaint. The applicant shall provide to the nearby residents and businesses a phone number of the project manager during the construction of the WES project if a problem should arise.

2.

Applicant of any WES project will respond to all complaints from persons directly affected by the WES project within twenty-four (24) hours of its receipt of a complaint, this initial response shall, at a minimum, advise the complainant of their rights under and the timeframes of the dispute resolution process. The applicant will resolve all complaints in a prompt and responsible manner which shall not exceed forty-eight (48) hours unless agreed to by the complainant, will keep a log of all complaints and the method of resolution, will make the log available to Village, and will agree to participate in a nonbinding mediation for complaints that are not resolved with the cost of such to be paid directly by applicant. The Village shall have the absolute discretion to revoke any special use permit issued under this Chapter if the applicant, owner or operator, fails to resolve any complaint(s).

G.

Federal and State Requirement Compliance. The applicant will comply with all applicable laws and regulations and WES shall meet or exceed any standards and regulation of the FAA and any other agency of the State or federal government with authority to regulate WES.

H.

Village Access. The applicant will allow Village officials or their agents to investigate any issues arising from the project at and by entering the special use area and providing any requested documentation.

(Ord. No. 2024-12-02, § 1, 12-17-24)

A.

The Village may impose any additional conditions not contained herein to a permit to further the purposes and intent of this Chapter or to minimize potential adverse impacts on citizens or other property in the area.

B.

In addition to demonstrating compliance with the other requirements of this Chapter, an applicant for a WES special use application must also demonstrate that the WES application is not violative of the substantive due process requirements of the Illinois Constitution, which are commonly referred to as the LaSalle/Sinclair factors, which take into consideration the following:

1.

The existing uses and zoning of nearby property;

2.

The extent to which property values are diminished by the particular zoning restrictions;

3.

The extent to which the destruction of property values of plaintiff promotes the health, safety, morals or general welfare of the public;

4.

The relative gain to the public as compared to the hardship imposed upon the individual property owner;

5.

The suitability of the subject property for the zoned purpose;

6.

The length of time the property has been vacant as zoned considered in the context of the land development in the area in the vicinity of the subject property;

7.

Whether a comprehensive zoning plan for land use and development existing, and whether the ordinance is in harmony with it; and

8.

Whether the community needs the proposed use.

(Ord. No. 2024-12-02, § 1, 12-17-24)

A.

All wind energy systems are prohibited in all zoning districts except the agricultural district, only if allowed as a special use.

B.

Special Use Permit Application Requirements.

1.

The applicant for a WES special use permit shall file ten (10) copies of the application, including five (5) full size copies with exhibits and five (5) reduced copies of all exhibits with the Village together with the appropriate application and site review fees. The applicant shall also provide an electronic version of its application to the Village. The applicant may be required to provide additional copies of the application to the Village upon request.

2.

Any executed community benefit agreement and/or host agreement shall be appended to, and included as part of any WES special use application filed with the Village. The content of said community benefit agreement and/or host agreement will be discussed and negotiated between the applicant and the Village's appointed counsel and/or representatives and will address the issues including, but not limited to, payments in lieu of taxes, economic issues, renewable energy credit sharing, carbon credit sharing, reimbursement of Village expenses including consultants, experts, and outside attorneys' fees. The existence of an executed community benefit agreement and/or host agreement or the lack thereof shall not in any way obligate, preclude, assure or guaranty that any zoning or building permit shall or shall not be issued.

3.

Site plan showing the following:

a.

Identification of the subject property, which includes a survey of the property or properties including any and all existing and proposed structures on the property such as buildings, WES towers, substations, service roads, and any accessory or supporting equipment.

b.

A depiction of the distance of each WES to the nearest public roadways, structures and residential dwellings.

c.

Setback requirements.

d.

Any floodplains or wetlands on the subject property.

e.

Any existing or proposed roads and driveways.

f.

Routes to be utilized for transportation of components of WES.

g.

Location, height and dimensions of all existing and proposed structures and fencing on the subject property.

h.

Any easements or above-ground utilities on the subject property.

i.

Surrounding zoning and uses within two (2) miles of the subject property including any existing structures.

j.

All existing proposed underground or above ground utilities.

k.

All rights of way, wooded areas, and public conservation lands on the subject property.

l.

Ingress and egress from the site as proposed during construction thereafter which indicates the proposed road service and cover, dust control measures, the width and length of access routes.

m.

Identify all easements, contracts, waivers, and option agreements for the subject property.

n.

Utility inter-connection details and a copy of written notification of the utility company requesting the proposed interconnection.

o.

A description of the hours of operation for construction of the operations and maintenance of the facility, the number of employees expected during construction and after construction is completed, and the type of traffic expected to be generated at the site during construction and after.

4.

Project proposal that includes the following:

a.

Name, company, address and phone number of the owner, developer or any other interested party and participating landowner. The applicant shall describe its legal standing as to whether it is a corporation, limited liability company, individual or other legal entity and shall identify its officers and directors, shareholders and members. It shall also identify its parent and subsidiary companies. The same information shall be provided for all owners and operators of the WES. Proof must be included that the applicant has legal authority to bring the application in the name of any participating landowner, owner, operator or other interested party.

b.

Project summary including the nameplate generating capacity; equipment manufacturer; type and number of WES.

c.

Proposed maximum height for each electric-generating wind device and the diameter of each WES rotor with said total height not to exceed two hundred (200) feet.

d.

Evidence that the site is suitable and feasible for a WES project.

e.

Certification that all electronic equipment conforms to all applicable Village, State and national codes.

f.

An agreement indemnifying and holding harmless the Village and its officials from and against any and all claims, demands, suits, causes of action, damages, injuries, costs, expenses, and liabilities, including attorney fees, arising from the approval and construction of the WES project.

g.

Proof that the WES project shall be operated without offensive noise, sound, vibration, dust, smoke, odor, glare, lighting, risk of fire, explosion or other accident and shall not be detrimental to the public health, safety and/or general welfare of the immediate neighborhood or community at large.

h.

An Avian, Bat and Wildlife Impact Analysis. The applicant shall provide the Village with the results of and demonstrate its compliance with the recommendations from consultation with the Illinois Department of Natural Resources that are obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable tool; and the results and recommendations of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor toll that is consistent with the U.S. Fish and Wildlife Service's Land-Based Wind Energy Guidelines.

i.

An Environmental Impact Study.

j.

Evidence of the applicant's consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.

k.

Noise Impact Study. A modeling analysis of the proposed WES project shall be included in the application performed by a third party independent professional approved by the Village which model shall predict the sound pressure levels at all properties in the footprint and within two (2) miles of a WES. To demonstrate compliance with the Illinois Pollution Control Board regulatory limits the modeling must be performed at the property line of the receiving property. A night-time baseline sound pressure study must be done at all nonparticipating properties within two (2) miles of a proposed WES before construction commences. A model must be performed and included in the application showing no more than +5 dBA over background. No annoyance or negative impacts from noise, vibration, infrasound or low frequency noise shall occur at or on any nonparticipating property.

l.

Property Value Protection Plan. A property value protection plan shall be included to protect the property values of any nonparticipating property owner within three (3) miles of or within the view shed of any WES tower or substation. Any such plan is subject to approval by the Village. At a minimum, the applicant shall pay for a qualified appraiser selected by the Village to perform pre-construction appraisals of every nonparticipating property within the view shed including, at a minimum, all properties with three (3) miles, of any WES and provide an estimate of the potential property value loss for each such property. The plan shall require the applicant to establish a fund with, or otherwise post financial security approved by the Village, sufficient funds to purchase each property for which a loss is predicted at pre-construction fair market value or pay the nonparticipating landowner the amount of the predicted loss, whichever is chosen by the impacted nonparticipating landowner.

m.

Federal and State Law Compliance. The applicant shall provide evidence that the WES meets or exceeds any and all standards and regulations of any agency, State or federal government with authority to regulate WES including, but not limited to, providing a determination that the proposed structure(s) are compliant with all FAA regulations and do not interfere or present a hazard to any public or private aircraft.

n.

Emergency services plan shall be included which provides:

i.

Emergency shutdown procedures.

ii.

A street address for each electric generating wind device and requires that such address shall be prominently displayed along the road in front of the each WES. Each sign SHALL also include the contact information and phone number of a representative of the applicant or operator responsible for responding to emergencies at the site on the applicant or operator's behalf under the emergency services plan.

iii.

A plan for appropriate warning signs and safety procedures including locking portholes and climbing prevention techniques.

iv.

A formal education plan with all emergency service providers involved in the administration of emergency services to the site(s).

o.

Shadow Flicker Study. The applicant shall have a third party qualified professional approved by the Village conduct an analysis on the potential shadow flicker on the nonparticipating properties and public roadways within the view shed of any WES, and at a minimum every property within five (5) miles of an WES. The analysis shall identify locations of shadow flicker that may be caused by the project and any expected durations of flicker at these locations from sunrise to sunset over the course of a year. The analysis shall include measures to eliminate or mitigate these problems at the residences of nonparticipating landowners and public roadways impacted by the shadow flicker. The application shall include the certification from the third party qualified professional that there shall be no more than five (5) hours per year in shadow flicker on any nonparticipating property or public roadways unless waived by the landowner. The study is subject to approval by the Village and the Village shall have the absolute authority to determine whether shadow flicker has not been appropriately addressed or mitigated in the application.

p.

Project Proposal Road Use Plan. The application shall include a road use plan that shall identify the Village, Township, and County roads which will be used for construction, maintenance and transportation of supplies for the WES. All routes for egress and ingress need to be shown and identified. The routing shall be subject to approval of the designated Village representative. The applicant shall provide a pre-construction baseline survey performed by a qualified engineer approved by the Village, to determine existing road conditions for assessing potential future damage due to WES related traffic. If any damage or change to the roadways will occur, a road use agreement must be entered into and approved by the Village or its designated representative. The applicant's road use plan must ameliorate any and all damage, installation or placement of roads that might be required. The road use agreement must be executed by all parties and require that applicant provide cash, an escrow account, bond or other financial assurance in an amount and form approved by the Village to cover all potential future damage. Any road construction or repair shall be completed in accordance with recognized standards for road construction that are subject to the approval of the Village's designated engineer or representative. If the Village determines at any time that any road construction or repairs have not been completed in accordance with these recognized standards, the applicant will be responsible for correcting the work to the satisfaction of the Village's designated engineer or representative. Any vehicle that will exceed the maximum allowable weight to a Village roadway will only be permitted upon the entry of a roadway agreement recommended by the Village or designated representative.

q.

Drainage Plan. The application shall include a drainage plan which provides that any damage to waterways, drainage ditches, field tiles or any other infrastructure caused by construction or maintenance of the WES shall be completely repaired to near original condition so as not to impede the natural flow of water. The plan shall provide that all repairs will be completed within seven (7) days unless otherwise agreed to by the Village and affected landowners. The plan must provide that the WES owner will notify the Village or its designated representative when the construction of any part of the project encounters underground field and drainage tiles and will provide proposals for remediation which will be subject to the approval of the Village or its designated representative. The plan shall provide that all existing drainage tiles that will be crossed by private access roads shall be removed and replaced with load resistant tile. The plan shall further provide that financial assurances will be posted in the form of cash, an escrow account, surety bond or letter of credit in a form and amount acceptable to the Village to assure compliance with the drainage plan.

r.

Decommissioning Plan. The applicant shall provide a decommissioning plan for the WES project in the event that any WES are taken out of service, abandoned or become inoperable. If a WES is out of service or not producing electrical energy for a period of sixty (60) days, it will be deemed non-operational and decommissioning and removal of the WES project will need to commence according to the provisions approved by the Village of Princeville. The decommissioning plan shall at a minimum provide that all components of the WES project, including but not limited to all above ground and below ground components, wires, structures, roadways, access roads, and foundations shall be removed within ninety (90) days of the WES project being deemed non-operational and that:

i.

All wind turbines and improvements, including access roads, and outside storage will be removed and soils returned to pre-construction condition.

ii.

Foundations, pads and underground electrical wires will be completely removed.

iii.

Hazardous material from the property will be disposed of in accordance with federal and State law.

iv.

Cost estimates will be provided of the decommissioning facility prepared by a Professional Engineer or contractor who has expertise in the removal of WES and is approved by the Village or its appointed representative. The decommissioning cost estimate must explicitly detail the costs before considering any projected salvage value of the out of service WES.

v.

The decommissioning plan must provide that there shall be a decommissioning agreement executed by the applicant and the Village which provides financial assurances posted in favor of the Village and as approved by the Village in cash, escrow account, surety bond, performance bond or irrevocable letter of credit before any construction commences. The necessary financial assurance posted in favor of the Village shall not take salvage values into consideration.

vi.

The decommissioning plan must include a restoration plan to identify how the site will be restored to its original condition or improved.

s.

Complaint Resolution Plan. The application shall include a complaint resolution plan that is consistent with this Chapter. The complaint resolution plan will be designed to resolve any complaints that may arise during the construction and operation of the WES. The process shall use an independent mediator or arbitrator and shall include a time limit for resolving any complaint that is received which shall not exceed forty-eight (48) hours unless otherwise agreed to by the complainant. The process shall not preclude the local government from acting on a complaint. The complaint resolution plan shall require the applicant, owner or operator to respond to each complaint within twenty-four (24) hours. The initial response shall, at a minimum, advise the complainant of their rights under and the time limits of the complaint resolution plan. Any and all costs, including attorneys' fees, shall be paid for by the applicant, owner or operators, and failure to resolve a complaint shall cause the special use permit issued under this Chapter to be revoked.

t.

Signal and Communication Interference Study. The applicant shall have a third party qualified professional, approved by the Village, provide a study of all communication signal interference. WES shall not be installed in any location where its proximity to existing fixed broadcast, retransmission or reception antennas for radio, television or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception unless the applicant provides a replacement signal to the affected party that will restore reception to at least the level present before operation of the wind energy system. WES shall not be installed in any location within the line of sight of an existing microwave communications link where operation of the wind energy system is likely to produce electromagnetic interference in the link's operation unless the interference is insignificant. WES shall not be installed to negatively alter any Doppler Radar or other warning system of any local or national weather service. The applicant shall provide the project summary and site plan to all microwave transmission providers, weather warning services and all communication tower operators with five (5) miles of any WES to address potential conflicts. If after construction of the WES, the owner or operator receives a written complaint related to interference with cell phone, wireless internet, or local broadcast residential television, the owner or operator must investigate and resolve any interference completely within forty-eight (48) hours of the complaint. The Village shall have sole discretion to determine whether the impact to communications and signals have been adequately addressed.

5.

Application Fee and Cost Reimbursement. Each WES application shall include a two hundred fifty thousand dollar ($250,000.00) nonrefundable application fee which may be used to reimburse any Village personnel, outside consultants, engineers or attorneys needed to review the application. The applicant must also acknowledge that it will be responsible for the reimbursement of any such reasonable fees and costs which exceed the application fee, within ten (10) days of receipt of the Village's demand for reimbursement which shall be support by invoices, quotes or receipts.

6.

Outdoor Storage Plan. Only the outdoor storage of materials, vehicles and equipment that directly support the operation and maintenance of the WES project shall be allowed with the exception of outdoor storage that is expressly allowed in the zoning district as specified herein. The Village shall have the discretion in determining whether the outdoor storage is in compliance with this provision. In any event all outdoor storage areas shall be paved with a bituminous surface and fenced to prevent viewing from adjoining properties and uses.

7.

Each WES shall be marked with a visible identification number to assist with provision of emergency services, and the applicant shall file with the appropriate local fire protection district and police department, a WES project map identifying wind turbine locations and numbers.

8.

Electrical Components. All electrical components of the WES project shall conform to applicable local, State, and national codes, and relevant national and international standards (e.g., ANSI and International Electrical Commission).

9.

Controls/Brakes. All WES shall be equipped with a redundant braking system. This includes both aerodynamic overspend controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a failsafe mode. Stall regulation shall not be considered a sufficient braking system for overspend protection.

10.

Waste Disposal Plan. All solid waste generated from including, but not limited to, supplies, equipment, parts, packaging or operation of the WES project shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste which is generated by the WES project, including, but not limited to, lubricating materials shall be removed consistent with all local, State and federal rules and regulations.

11.

Conformance Industry and Code Standard/Engineer Certification. The WES shall comply with all applicable local and county codes for the electrical, mechanical and structural components of the WES project. All documents provided for review shall be stamped and signed by a Professional Engineer.

12.

Operation and Maintenance Inspections. Each owner, operator or successor in interest shall have the WES project inspected annually by a third party qualified wind power professional at their own expense. The third party qualified wind power professional shall be subject to the approval of the Village or its designated representative. Within fifteen (15) days of the inspection a copy of any report must be provided to the Village. If necessary, the Village may retain its own third party expert to review the report, the Village shall be reimbursed for the costs and fees of such review by the applicant, owner or operator. A WES may not operate unless a certificate is provided to the Village indicating the annual maintenance has been completed and the facility is in good working condition. Failure to provide this certification may cause the revocation of the special use permit.

13.

An agricultural impact mitigation agreement entered into with the Illinois Department of Agriculture.

C.

Size Regulations.

1.

Maximum Height. Total height of a WES tower with blade or meteorological tower used in conjunction with the WES shall not exceed two hundred (200) feet.

2.

Minimum Lot Size. Forty (40) acres for a WES and one thousand (1,000) acres (any combination of rented, owned, or leased property) fora WES project.

3.

The blade tip or any rotor of each WES shall, at its lowest point, have ground clearance of no less than thirty (30) feet.

(Ord. No. 2024-12-02, § 1, 12-17-24)

Except as provided herein, off-grid systems shall not be required to meet the provisions of this Chapter for a WES provided the tower does not exceed one hundred (100) feet in height. No part of an off-grid system shall be located closer than one-and-one-half (1½) times the tower height to any structure on the property or the boundary line for the property. When the WES reaches the end of its useful life on the property and can no longer function, the property owner shall remove the WES within sixty (60) days of the day on which the system last functioned.

(Ord. No. 2024-12-02, § 1, 12-17-24)

A.

The applicant's, owner's, or operator's failure to materially comply with any of the above provisions shall constitute a default under this Chapter.

B.

Prior to implementation of the applicable Village procedures for the resolution of such default(s), the Village shall first provide written notice to the owner and operator, setting forth the alleged default(s). Such written notice shall provide the owner and operator a reasonable time period, not to exceed thirty (30) days, for good faith negotiations to resolve the alleged default(s). The Village, in its sole discretion, may agree to one (1) thirty-day extension of such timeframe.

C.

If the Village determines in its discretion, that the parties cannot resolve the alleged default(s) within the good faith negotiation period, then the applicable Village ordinance provisions addressing the resolution of such default(s) shall govern.

D.

Upon finding a default or violation of the terms of any permit, the Village shall have the authority to revoke the permit after notice to the applicant and after affording the applicant/Permittee an opportunity to be heard.

E.

It shall be the sole and absolute discretion of the Village to determine whether any of the regulations of this Chapter have not been met and thus deny or revoke a special use permit for a WES issued under this Chapter.

(Ord. No. 2024-12-02, § 1, 12-17-24)

The Village shall enforce the provisions of this Chapter through an inspection of the WES project every year. The Village's inspection costs, including but not limited to attorneys' fees, experts' fees and employee wages, shall be reimbursed by the applicant, owner, or operator. The Village and its designated representative(s) are hereby granted the power and authority to enter upon the premises of the WES at any time by coordinating a reasonable time with the operator/owner of the facility. Any person, firm, or corporations who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this Chapter shall, upon a finding of violation either in a court of law or administrative hearing, shall be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense per day. Each tower, nacelle, or any component of the WES may be the subject of a separate violation and further each day that a violation is permitted to exist shall constitute a separate offense. Other actions may be taken by law or in equity to prevent or to remedy any violation of this Chapter and these remedies shall be in addition to any other remedies, damages or penalties, including revocation or suspension of any special use permit issued under this Chapter.

(Ord. No. 2024-12-02, § 1, 12-17-24)