The purpose of this chapter is:

   A.   To allow for the safe, effective and efficient development of renewable energy systems in the village.

   B.   To facilitate energy production from wind and solar energy sources.

   C.   To minimize the adverse impacts upon neighboring properties arising from the installation and operation of renewable energy systems.

   D.   To preserve the aesthetics of the zoning districts in the interest of protecting property values, public health, and welfare. (Ord. 12-4-5, 4-3-2012)

As used in this chapter, the following terms shall have the meanings indicated:

dBA: The sound pressure in A-weighted decibels, being the unit of measure used to express the magnitude of sound pressure and sound intensity using a frequency response curve which resembles the normal frequency hearing curve for most people.

GEOTHERMAL ENERGY SYSTEM: A heating and cooling system for a building that pumps circulating fluid through underground piping to transfer heat from or to the building and the earth. The system utilizes the relatively constant temperature of the soil or groundwater beneath the earth's surface to provide heating and cooling to buildings. For purposes of this chapter, the definition of geothermal energy system means only those systems in which the underground piping forms a closed loop system.

NET METERING: An arrangement by which excess energy generated by a renewable energy system is distributed back to the electrical utility grid.

RENEWABLE ENERGY SYSTEM: A term denoting a solar energy system, wind energy system, geothermal energy system or all of the foregoing.

SOLAR ENERGY SYSTEM: A system consisting of photovoltaic panels and associated equipment to convert sunlight into electricity or thermal collectors to absorb and store the sun's thermal energy and which is intended primarily to reduce on site consumption of utility power. A solar energy system may be integrated as an architectural component of a building or mounted on a building as an attached fixture or attached to a freestanding pole. Roof shingles made of photovoltaic material are an example of an integrated system.

SOLAR ENERGY SYSTEM, BUILDING MOUNTED: A solar energy system that is attached to the roof, wall, or other elevated surface of a building by means of a post, tripod, bracket or other mounting equipment.

SOLAR ENERGY SYSTEM, FREESTANDING: A solar energy system that is attached to a freestanding pole or otherwise ground mounted.

TOWER HEIGHT: The vertical distance as measured from the average grade level at the base of a freestanding wind energy system to the uppermost vertical extension of a rotor blade or the maximum height reached by any part of the freestanding wind energy system.

WIND ENERGY SYSTEM: A system consisting of a wind turbine, a tower or mounting equipment, and associated control or conversion electronics which converts wind energy into electricity and which is intended primarily to reduce on site consumption of utility power.

WIND ENERGY SYSTEM, BUILDING MOUNTED: A wind energy system in which the wind turbine is attached directly or indirectly to the roof, wall, or other elevated surface of a building by means of a post, tripod, bracket or other mounting equipment.

WIND ENERGY SYSTEM, FREESTANDING: A wind energy system in which the wind turbine is attached to a freestanding monopole or lattice tower. (Ord. 12-4-5, 4-3-2012)

In addition to specific requirements elsewhere in this chapter for renewable energy systems, the following general requirements shall govern the use and operation of such systems:

   A.   Accessory Uses: Renewable energy systems, subject to the provisions of this chapter, are permitted as accessory uses to the principal use of a site in all zoning districts, except that when any special use has been authorized on a property, renewable energy systems shall only be allowed on such property by amendment to the special use permit. In any ordinance amending a special use permit, the village board may modify the maximum height restrictions set forth in this chapter.

   B.   On Site Consumption: Energy produced through the renewable energy system shall be utilized primarily to reduce on site electrical power consumption, but it is permissible to sell excess energy to the local electric utility through the use of net metering as allowed by law.

   C.   Utility Provider Notification: No wind energy system or solar energy system shall be installed until written evidence has been provided at the time a building permit is requested that the electric utility company has been notified of the customer's intent to install an interconnected renewable energy system. Off grid systems shall be exempt from this requirement.

   D.   Building Permits: A building permit is required prior to the installation, relocation or modification of any renewable energy system. A soil analysis is recommended and may be required by the director of community services as a part of a building permit application if appropriate to confirm that the soils meet the minimum bearing capacity assumed by the structural design of any freestanding renewable energy system. Fees for review of the building permit application may include such additional review charges as established by the village to reimburse the village for the fees of consultants engaged by the village.

   E.   Noninterference With Drainage And Protected Woodlands: The installation of freestanding renewable energy systems shall not be approved unless the proposed installation complies with all other pertinent provisions of the village code, including provisions intended to promote drainage of stormwater and the protection of trees and woodlands. The director of community services may require the owner to submit a scaled site plan, topographical survey, and delineation of wetlands or protected woodlands to determine such compliance.

   F.   Effect Of Approvals: Any property owner installing a renewable energy system under the provisions of this chapter assumes the risk of future building, landscaping or improvements which may occur on adjacent property. No approval granted by the village shall impose any duty on adjacent owners to refrain from making lawful improvements that may diminish the function of a renewable energy system.

   G.   Duty To Maintain: The owner of a renewable energy system shall ensure that it is installed and maintained in compliance with applicable building, property management and safety codes in effect in the village to ensure structural and technical integrity of such facilities.

   H.   Structures; Number Of Accessory Buildings: Aboveground equipment installed for any renewable energy system shall be considered a structure; however, freestanding wind energy systems or solar energy systems shall not count toward the maximum number of detached accessory buildings allowed on a residential lot set forth in subsection 9-2-6-6D of this title.

   I.   Screening: Mechanical or landscape screening is not required for renewable energy systems.

   J.   Wiring: All outdoor electrical wiring associated with a solar energy system shall be underground or contained where feasible within a raceway that complements the building materials of the principal structure. All outdoor electrical wiring associated with a wind energy system, other than the wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. Underground wiring shall be routed to minimize damage to tree root systems.

   K.   Lighting: Renewable energy systems shall not be artificially illuminated.

   L.   Signs: Only signs used for identification of the manufacturer or installer or to provide warning information shall be attached to any renewable energy system. Such signs shall have a total sign area of not more than twenty four (24) square inches. (Ord. 12-4-5, 4-3-2012)

   A.   Building Mounted Solar Energy Systems: Approval of building mounted solar energy systems shall be subject to the following provisions:

      1.   Maximum Height: Building mounted solar energy systems shall not extend higher than five feet (5') above the surface of the roof or above the peak of the roof, measured vertically.

      2.   Principal And Accessory Buildings: Building mounted solar energy systems may be installed on permitted principal and accessory buildings.

      3.   Orientation: Solar panels may be installed at the same angle as the slope of the roof or mounted at an angle that maximizes receipt of solar radiation, subject to the maximum height restriction.

      4.   Horizontal Projection: Solar panels shall not extend or overhang more than four feet (4') beyond the exterior perimeter of the building on which the system is mounted, as measured horizontally from the roof edge or facade on which the panel is mounted; provided, that panels shall not project horizontally beyond the perimeter of the building if the panels would then violate the required yards or increase the amount of a legal nonconformance.

   B.   Freestanding Solar Energy Systems: Approval of freestanding solar energy systems shall be subject to the following provisions:

      1.   Maximum Height: The total height of a freestanding solar energy system shall not exceed fifteen feet (15'), measured from the average grade at the base of the pole to the highest edge of the system.

      2.   Setback: Freestanding solar energy systems shall not be located in any required yards nor located over any public utility easement.

      3.   Coverage: The surface area of the photovoltaic panels in a freestanding solar energy system on any lot shall be limited to one hundred (100) square feet for each one-half (1/2) acre of land. The surface area of such panels shall count toward the maximum square footage for accessory buildings allowed on such lot. (Ord. 12-4-5, 4-3-2012)

   A.   General Restrictions: All wind energy systems shall comply with the following provisions:

      1.   Maximum Number: The maximum number of wind energy systems on any lot shall be two (2). On any lot, if there are two (2) systems, both may be building mounted wind energy systems or freestanding systems or there may be one of each kind of system; however, any lot of less than one acre in size may have only one freestanding wind energy system.

      2.   Safety Shutoff: All wind energy systems shall be equipped with manual and/or automatic controls to limit rotation of blades to a speed within the manufacturer's design limits.

      3.   Sound: Sound levels for any wind energy system, as measured at the property line, shall not exceed fifty (50) dBA, except during such short term events and utility outages or a severe windstorm. The village may, at its discretion, require a professional sound measurement by a third party expert at the expense of the property owner, to confirm performance of the wind energy system, in accordance with the performance standards, as measured at the nearest property line.

      4.   Color: Finishes of wind energy systems shall be nonreflective, neutral and monochromatic in color and shall minimize visual disruption to the surrounding area. Ground equipment, such as cabinets and associated facilities, shall be factory finished to match or complement the color of other structures on the lot.

   B.   Building Mounted Wind Energy Systems: Approval of building mounted wind energy systems shall be subject to the following provisions:

      1.   Maximum Height: The total height of a building mounted wind energy system shall not exceed ten feet (10') above the peak roof height or ten feet (10') above the maximum permitted height of the zoning district, whichever is less.

      2.   Diameter: The maximum diameter of a building mounted wind energy system shall be ten feet (10').

      3.   Mounting: Building mounted wind energy systems may be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof, set back a minimum of five feet (5') from the edge or eave of the roof, but shall not be affixed to the parapet or chimney of any structure. A structural analysis of the existing building is recommended and may be required by the director of community services as part of the building permit process to confirm that the structure is capable of supporting the minimum loads assumed by the structural design of the turbine and mounting system.

   C.   Freestanding Wind Energy Systems: Approval of freestanding wind energy systems shall be subject to the following provisions:

      1.   Maximum Height: The tower height of a freestanding wind energy system shall not exceed forty five feet (45').

      2.   Setback: Freestanding wind energy systems, including guywires and related equipment, shall not be located in any required yards or located over any public utility easement, nor shall the base of the tower or pole of a freestanding wind energy system be located closer to any property line or overhead utility than a distance equal to 1.3 times the tower height.

      3.   Minimum Clearance: In the case of a horizontal axis wind turbine, the minimum clearance between the lowest tip of the rotor or blade and the ground shall be fifteen feet (15'), and in the case of a vertical axis wind turbine, the minimum clearance between the lowest tip of the rotor or blade and the ground shall be ten feet (10').

      4.   Base Of Tower: All towers shall be embedded in an approved concrete foundation. An owner may be required to supply a copy of appropriate manufacturer's specifications and warranties, engineer's calculations and drawings and all such technical documents appropriate to substantiate compliance with the requirements of this chapter and the requirements for a building permit.

      5.   Unauthorized Access: Freestanding wind energy systems and all components thereof shall be protected against unauthorized access by the public. No climbing ladder, foot pegs or rungs shall be permanently attached below a height of twelve feet (12') above grade. (Ord. 12-4-5, 4-3-2012)

   A.   Geothermal well sites (including any belowground structures) shall not be considered permissible obstructions in the front, side or rear yards in any zoning district and shall observe the setback requirements of the respective zoning district. Equipment, piping and devices shall not be located in any street easement or right of way.

   B.   Before installing, relocating or modifying the well sites or belowground piping of a geothermal energy system, the property owner shall obtain a site development permit in accordance with title 8 of this code and all necessary Lake County permits. Geothermal systems utilizing wells and buried piping that do not form a "closed loop" system are prohibited in the village. Geothermal energy systems may be installed as horizontal systems with piping buried in shallow trenches (approximately 3 to 6 feet in depth) or as vertical systems, with piping buried in vertical holes. To minimize the risk of groundwater contamination, the heat transfer fluid used in vertical geothermal energy systems shall conform to such rules as the village from time to time may adopt. All underground piping shall be installed using directional drilling methods. (Ord. 12-4-5, 4-3-2012)

   A.   If the village determines that a renewable energy system fails to comply with the applicable provisions of this chapter, the village shall provide written notification to the property owner. The property owner shall have a period of thirty (30) days from the date of notification to either restore the renewable energy system to operation or remove the system.

   B.   Any person violating any provision of this section shall be fined not less than two hundred dollars ($200.00) or more than seven hundred fifty dollars ($750.00) for each offense. Each day's continued violation shall be deemed a separate offense.

   C.   In the event such renewable energy system is not brought into compliance with this chapter within the specified time period or if the village finds that such system constitutes a nuisance, the village may pursue any and all available legal remedies to remove or cause the removal of such system or the abatement of the nuisance at the property owner's expense. (Ord. 12-4-5, 4-3-2012)