Round Lake Park City Zoning Code

ARTICLE XIX

SOLAR AND WIND ENERGY WITHIN THE VILLAGE

19.1 - SOLAR AND WIND ENERGY SYSTEMS—GENERALLY

(A)

Policy Statement: The Village of Round Lake Park is committed to encouraging the use of small scale passive and active solar and wind energy systems for residential and other building projects within the Village, to further energy savings and conservation and to help improve the quality of life and environmental health of the community as a whole. At the same time, the Village recognizes that the regulation, construction, placement, and operation of solar and wind energy systems are matters of public importance which concern aesthetics and other issues. The Village of Round Lake Park encourages the use of ecologically sustainable building practices, conservation of natural resources through better energy management, and the use of renewable energy technologies and design principles in the development and redevelopment of residential and other property.

(B)

Definitions:

Building and Roof Mounted Solar Energy System: A solar energy system that is affixed to either a principal or accessory structure.

Ground Mounted Solar Energy System: A solar energy system that is not attached to another structure and is instead affixed to the ground, or that is attached to an antenna, light pole or other utility facility.

Net Metering: An arrangement by which excess energy generated by a solar energy system is distributed back to the electrical utility grid.

Shadow Flicker: The on-and-off strobe light effect caused by the shadow of moving blades cast by the sun upon a turbine's blades.

Shadow Flicker Intensity: The difference or variation in brightness at a given location in the presence and absence of a shadow.

Solar Collector: An assembly, structure or design, including passive elements, used for gathering, concentrating, or absorbing direct or indirect solar energy, specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly, or a mechanism that absorbs solar energy and converts into electricity.

Solar Energy: Radiant energy (direct, diffuse and/or reflected) received from the sun.

Solar Energy System (SES); Private: A complete assembly, structure or design, including solar collectors, that uses radiant energy received from the sun to capture, distribute and/or store energy for the generation of electricity or for heating or cooling gases, solids, liquids or other materials for on-site consumption or small scale Net Metering.

Solar Energy System (SES); Commercial: A complete assembly, structure or design, including solar collectors, that uses radiant energy received from the sun to capture, distribute and/or store energy for the generation of electricity or for heating or cooling gases, solids, liquids or other materials for off-site consumption or for sale to utility or other power distribution companies, exclusive of Net Metering arrangement, as defined herein.

10.

Wind Energy Conversion System (WECS); Private: All facilities, including the turbine, tower, conversion electronics, control electronics, guy wires, cables, and all other related devices and equipment that together convert wind energy into electricity and deliver that electricity to the structure. If the private WECS is designed to allow excess electricity to be routed to a power company, then equipment necessary for such routing is also part of the private WECS.

11.

Wind Energy Conversion System (WECS); Commercial: A WECS of greater than 150 kW in total nameplate generating capacity and/or is 120 feet in total height and includes offsite transmission lines. Lattice Type Turbine Towers or meteorological towers and guyed towers/poles are permitted on Commercial WECS.

12.

WECS Tower: The support structure to which the generator and rotor are attached.

13.

WECS Tower Hub Height: The distance from the center of the rotor hub to the top surface of the WECS tower foundation.

14.

WECS Tower Tip Height: The distance from the rotor blade at its highest point to the top surface of the WECS tower foundation.

(C)

Applicability:

This section applies to solar and wind energy systems installed and constructed after the passage, approval and publication of this Ordinance as provided by law, and all applications for solar energy systems within the Village.

Solar and wind energy systems constructed prior to the adoption of this Ordinance, shall not be required to meet the requirements of this section unless or until such existing systems are enlarged or require replacement or are abandoned for use for a period in excess of 30 days, provided the electrical connections were inspected by the Village and passed such inspections.

Any upgrade, modification or structural change that materially alters the size or placement of an existing solar or wind energy system, regardless of date of construction, shall comply with the requirements of this section.

(Ord. No. 20-01, § 2, 2-18-20)

19.2 - SOLAR ENERGY SYSTEMS; PRIVATE

(A)

General Requirements: The following requirements are applicable to both building and roof mounted solar energy systems and ground mounted solar energy systems:

Permitted Districts: Solar energy systems are permitted as accessory uses as detailed in this section in all zoning districts, and as a special use on front or corner building facades and front or corner yards in all zoning districts, as detailed in this section.

Structures: Solar energy systems shall be considered accessory structures for the purpose of compliance with all Village ordinances and other regulations, except where such ordinances or other regulations conflict with this section, shall require a building permit and final inspection issued by the building inspector or other designated official, and shall comply in their design, construction and operation with all manufacturer's specifications and all other Village ordinances and other regulations, except where such ordinances or other regulations conflict with this section.

Permits: Solar energy systems may be installed upon receipt of an applicable building, electrical and mechanical permit. Generally Applicable Requirements:

Name, address and telephone number of the applicant.

Name, address and telephone number of the person, firm or corporation constructing and installing the SES.

Elevation drawing(s) and/or photograph(s) and site plan showing location, size and design details of the SES.

Manufacturer specifications of the solar collectors and devices including wattage capacity, dimensions of collectors, mounting mechanisms and/or foundation details and structural requirements.

Each system will conform to applicable industry standards including those of the American National Standards Institute (ANSI).

A certificate of compliance demonstrating the system has been tested and approved by the Underwriters Laboratories (UL) or other approved independent testing agency.

The Village will recognize and allow any new solar energy that is certified by ANSI, UL, or any equivalent certification entity.

Any other information required by the Village to show full compliance with this and other applicable laws, ordinances, rules and regulations.

The applicant for any type of solar energy system will notify all adjoining property owners of the application. This will include any property owners across a public right-of-way. The notice shall contain at minimum the following language:

You are hereby receiving notice as required by the Village of Round Lake Park Zoning Ordinance that the owners of the property located at (insert street address) have filed an application for permit to install a solar energy system on such property. You may review the proposed plans and specifications of such installation at the Village Hall. You have fourteen (14) days from the date of this notice to file written concerns regarding such proposal with the Village's Zoning Administrator.

Should a written objection or objections be received from adjoining property owners, the Village may require additional mitigating steps to reduce the negative impacts on the adjoining property or properties including screening, berming, fencing or other mechanism calculated to reduce the visual impacts on the surrounding area. Any such additional installation requirements shall be proposed by the zoning administrator and may be appealed by the applicant to the Zoning Board of Appeals.

No Resale: All energy produced by a solar energy system shall be utilized on site, except for net metering as authorized by the applicable electric or other utility.

Utility Provider Notification: Written evidence must be provided at the time a building permit for a solar energy system is requested that the utility company has been notified of the customer's intent to install such a system.

Glare: Solar energy systems shall be designed so as to minimize, and if possible, eliminate, the potential or existence of sunlight glare on adjoining or surrounding buildings and uses.

No Advertising: Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the system. In no case shall any identification be visible from a property line. In no case shall such installations be lighted.

All electrical connections between the array and the existing electrical panel or electrical system of the principal structure on the property shall be made by a licensed electrician. All electrical connections in the SES shall be subject to inspection and approval by the Village.

Blending: Efforts shall be made in the design of solar energy systems to incorporate the use of materials, colors, textures, screening and landscaping that will aid in blending the system into the natural setting and existing environment.

10.

Wiring and Piping: All exterior electrical and plumbing lines for solar energy systems shall be placed in a conduit or copper piping, shall be installed underground or contained within a raceway that complements the building materials of the principal structure, and shall otherwise comply with all other requirements of the National Electric Code 2011, as amended from time to time, relative to electrical or plumbing lines, including the penetration points into the main structure and all connection made within the primary structure on the lot. All penetrations shall be properly flashed and sealed to prevent water and pest intrusion into the structure.

11.

Plans: Plans submitted to the building inspector as a requirement for the issuance of a building permit for any solar energy system shall indicate all existing and proposed grading, excavating, filling, paving, fencing and screening as it may relate to the proposed system, shall indicate the location of all property lines and neighboring buildings, and shall comply with the requirements and standards of this section. Additionally, such submittals to the Village shall include the manufacturer's installation instructions and recommendations.

12.

Visibility, Design and Impact Preferences: Installation of solar energy systems in a manner that minimizes their visibility from public rights of way and the aesthetic impact of such systems is strongly encouraged but not required where such installation will impair the functional integrity and viability of a system, subject to Section II(A)(3)(i) above. Persons installing solar energy systems should investigate all feasible alternative locations for placement of a solar energy system on a building or site so as to minimize the visual and other impacts of the system on the building and site and in order to minimize the visibility of solar energy systems from the public right of way and are encouraged to install solar energy systems in a manner that will not compromise the character of the structure and site or the surrounding neighborhood.

(B)

Building and Roof Mounted Solar Energy Systems:

Permitted: Building and roof mounted solar energy systems and their related solar collectors are permitted on both principal and accessory structures in the following locations:

Any portion of the principal roof of a building;

Any roof surface on the side or rear of a building;

Side and rear building facades.

All installations on buildings and roofs shall comply with 2015 National Building Code, 2015 International Fire Code and 2015 International Residential Code, as amended from time to time or as the Village adopts updated subsequent building codes, and shall meet or exceed both wind load and snow load standards as set forth therein. Installations on roofs shall only occur where such roof is structurally sound and capable of supporting the load of the solar modules and mounts. All racks and panels shall be constructed of noncombustible materials. Submittals shall also include a preliminary roof evaluation by a registered structural engineer.

Area and Protrusion: The installation area of solar energy systems may not be greater than the roof section where the solar energy system shall be mounted. All roof mounted solar collectors shall be positioned within the field of the roof plane and shall not protrude over any edges or overhang of the roof. The solar energy system will occupy a maximum of 80% of the roof area unless otherwise determined by the Greater Round Lake Fire Protection District.

Orientation: Solar collectors may be angled to maximize solar access. Where installed solar collectors vary from the pitch/angle of the roof on which the solar energy system is mounted, they shall not be visible from the public right of way, excluding public alleys, and except for flat roof installations subject to subsection B(9) of this section.

Projection: Solar collectors shall not project more than four feet (4') from a building facade or roof plane where not visible from a public right of way and shall not project more than twelve inches (12") from a building facade or roof plane where visible from a public right of way, excluding public alleys. Solar collectors visible from a public right of way and placed on awnings or otherwise used to simultaneously shade a structure's windows may extend beyond twelve inches (12"), except that where such placement is on a front or corner building facade, placement is subject to a special use permit pursuant to section 4.10-1 et seq. of this zoning ordinance.

Extension Beyond Peak of Roof: Solar collectors shall not extend vertically above the highest peak of a pitched roof.

Setback Encroachment: Façade mounted solar collectors may project into a side or rear setback consistent with this Section, but shall, in no case, be closer than five feet (5') to the side or rear property line at any achievable angle of the collector. Solar collectors may not project into front, corner side or street yards, except where approved as a special use pursuant to section 4.10-1 et seq. of this zoning ordinance.

Height Limitation: Solar collectors shall not project higher than the permitted building height without a zoning variation.

Flat Roof Installations: Solar energy systems may be installed on a flat roof provided they do not project more than ten feet (10') above the flat roof on which they are installed, as measured from the roof base to the highest edge of the system. Flat roof installations shall be placed as far back on the roof as possible so as to limit their visibility from the public right of way.

(C)

Ground Mounted (Freestanding) Solar Energy Systems:

Additional Accessory Use Regulations: All small-scale private Ground Mounted Solar Energy Systems shall be accessory structures when located in any residential zoning district, as defined under Section 3.16 of the Zoning Code of the Village, and shall be subject to all restrictions, limitations and bulk regulations for accessory uses, as defined in said Section. In addition to such bulk regulations as found in Section 3.16-2, small-scale private Ground Mounted Solar Energy Systems shall not exceed rear yard coverage of more than 10% of the available space located within the setbacks for ground mounted solar energy systems, as defined herein. Said coverage shall be calculated by using the total square footage of the collectors located in the array.

Permitted Yard: Ground mounted solar energy systems are permitted only in the rear yard.

Setback: The setback for ground mounted solar energy systems shall be five (5) feet from any lot line in the permitted yard as measured from the lot line to the closest portion of the system when the collector is set to its minimum angle of attack, ten (10) feet from all principal and accessory structures located on the lot, and shall not be located in any utility, water, sewer or other type of public easement. In the event of a conflict between this provision and Section 3.16 of the Zoning Code, such conflict shall be resolved in favor of this provision.

Screening: The view of ground mounted solar energy systems from the public right of way shall be limited through the use of architectural features, earth berms, fencing, a landscaped combination of evergreen and deciduous plants, or other screening which will harmonize with the character of the property and surrounding area.

Height: Ground mounted solar energy systems shall not exceed a height of fifteen feet (15') above the ground, as measured from the average grade at the base to the highest edge of the system. The height of the system shall be considered the height from the ground below the system to the peak of the panels when the panels are at their greatest achievable angle setting as close to 90 degrees from the ground as possible.

Impermeable Surface and Lot Coverage: If the solar energy system is mounted on concrete piers, such panels shall not count as impermeable surfaces. However, if a concrete pad in excess of 4 square feet is utilized in the installation of such system, all such pads shall be considered impermeable. The total square footage of all panels used in the solar energy system shall be included when calculating lot coverage, and all installations shall comply with the bulk requirements for the applicable zoning lot. If the proposed system exceeds lot coverage for a given zoning lot, a variation shall be required.

The installers of any such system shall ensure that underground utility location is performed prior to any excavation for the mounting pads, piers or cable burial.

(D)

Maintenance, Repair, Abandonment and Removal:

Maintenance: All solar energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such systems, except for maintenance and repair outages.

Repair: If a solar energy system becomes inoperable or damaged, operations must cease, and prompt repairs must be made.

Notification: If the Village determines that a solar energy system fails to comply with the applicable provisions of this section or appears to have been abandoned, the Village shall provide written notification to the property owner. The owner shall have a period of ninety (90) days from the date of notification to either restore the solar energy system to operation or remove the system.

Enforcement: In the event the system is not removed or brought into compliance within the specified time period following notification, the Village may pursue any and all available legal remedies to ensure that a solar energy system which fails to comply with this and other applicable codes, or which constitutes a danger to persons or property, is removed or brought into compliance.

No Waiver: Any delay by the Village in taking enforcement action against the owner shall not waive the Village's right to take any action at a later time. The Village may seek to have a solar energy system removed at the owner's expense regardless of the owner's intent for such system, and regardless of any permits that may have been issued or granted.

Restoration: After a solar energy system is removed, the owner of the property shall promptly restore the property to a condition consistent with the property's condition prior to the installation of the system.

Decommissioning Plan: A decommissioning plan will be required to ensure that a solar energy system is removed after its useful life. The plan will include provisions for removal of all structures (including equipment, fencing and roads) and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the system. The decommissioning plan must include an estimate from a licensed professional engineer for the cost of decommissioning. In the event that a system is not properly decommissioned in accordance with this Section, the Village will have right to enter the property to decommission the system. Any costs incurred by the Village to decommission the system shall be paid by and recoverable from the owner of the property and the owner of the system, who shall be jointly and severally liable for the Village's cost. The decommissioning plan and financial security must be presented to and accepted by the Village prior to the issuance of a building permit for the system. Any update to the decommissioning plan must be submitted to the Village. The Village reserves the right to require additional information or components to the decommissioning plan as the Village deems necessary to ensure that an adequate proposal is in place to decommission the system in its entirety and that adequate funds will be available to complete such decommissioning.

(E)

Variations: Variations to the height, setback and other requirements set forth herein may be obtained upon application and the granting of a variation in conformance with the variation procedures set forth in section 4.7-1 et seq. of this zoning ordinance. In addition to the standards for granting of a variation set forth therein, no variation relative to a solar energy system shall be recommended for approval unless it is found that the proposed solar energy system is located in such a manner as to minimize intrusions on adjacent residential uses through positioning on the lot, selection of appropriate equipment and other applicable means.

(F)

Special Use: Solar energy systems or portions thereof may be installed on front or corner building facades and front or corner yards only upon application and the granting of a special use in conformance with the special use standards and procedures set forth in section 4.10-1 et seq. of this zoning ordinance.

(G)

Government Installations: Solar energy systems or installations related to governmental uses, including, but not limited to, solar powered traffic speed display devices or solar powered traffic signals or parking meters, are exempt from the requirements of this section.

(H)

Permit Fees: Solar energy systems are subject to applicable permit fees as determined by the building department.

(I)

Solar Water Heating: The following are additional regulations with which solar water heating units (units designed to heat water for the generation of heat, water use or any other purpose) must comply, in addition to the other general regulations for solar energy systems set forth in this chapter:

Solar Water Heating Units: Solar water heating units which are an integrated part of the roof design are preferred. Solar water heating units may not be visible from the public right of way, excluding alleys. If the solar water heating units are not flush, as preferred, they shall be installed so as not to rise more than twelve inches (12") from the roof plane. They must appear to be part of the roof structure itself and be the same color as the roof or glass enclosed. Collectors requiring a high angle of installation shall be fully screened from view with a material that blends with existing architecture and color. Any ground mounted solar water heating unit, including those used for pools and hot tubs, shall comply with all Ground Mounted SES requirements contained in this Article.

Tanks: No preheat, tempering or holding water tanks shall be located on the roof or building. Tanks shall be ground mounted on a concrete pad.

(J)

Solar Access Protection:

Creation of Easements: Solar energy system access easements across contiguous or nearby lots, tracts or land may be created to establish a window of exposure to the sun so as to protect an existing or intended solar energy system's exposure to the sun from obstruction of buildings and trees. Such easements may be purchased, reserved, granted or otherwise obtained. Adverse possession cannot create such an easement. An easement infringed upon is a compensable property right through private remedy.

Recording and Filing of Easements: Solar access easements shall be recorded with the Lake County recorder of deeds and filed with the Village's building department.

Construction in Easement Areas: Any person seeking a building permit to construct or modify any structure or buildings so as to increase the consumption of airspace over that lot shall certify in writing to the building department that no solar access easement exists over that lot.

Denial of Permit: Should the building department determine that the proposed construction would intrude upon a solar energy system access easement, no building permit shall be granted.

Approvals: Absent the existence of a solar energy system access easement that is recorded and filed with the Village's building department, approvals granted to a property owner for a solar energy system shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping or other improvements, even if such improvements may diminish the function of said solar energy system.

(Ord. No. 20-01, § 2, 2-18-20)

19.3 - WIND ENERGY CONVERSION SYSTEMS; PRIVATE

(A)

Applicability. This provision governs the permitted use of private WECS 150 kW or less that generate electricity to be used by the owner of the WECS, that person locating the private WECS on their own property, or on rented property with written approval from the owner of the property, for personal use or for metering the excess to a power company.

(B)

Prohibition. No WECS project for private use shall be constructed, erected, installed or otherwise located within the Village unless a building permit and zoning relief, if applicable, have been approved for each separate installation.

(C)

Application for permit. All applications for a private WECS shall include at minimum the following:

The address and PIN of the property where the installation will occur;

The location of the project by a site plan including dimensions of the property and measurements to the tower base from all property lines and existing structures;

The name plate generating capacity of the property WECS;

The maximum height of the tower to the tip of the rotor at full upright position;

The names, address and phone number of the applicant, owner and operator, and all property owners for the location.

A site plan showing all guy wires, anchor bases, property lines, setback lines, power lines, cabling to a receiving utility, if any, and layout of all existing structures on site.

A copy of the manufacturer's installation requirements and recommendations.

(D)

Design and installation.

Private WECS shall conform to applicable industry standards and all codes, ordinances and regulations of the Village.

Private WECS braking system must be present and consistent with industry standards, unless otherwise stated in the utility interconnection agreement.

Towers and blades shall be painted in flat white, gray, black or another non-reflective, unobtrusive color.

Projects shall comply with FAA regulations, and any other federal, state and local laws and regulations.

No artificial lighting shall be permitted unless required by the FAA. Required lights shall be shaded to stop glare from extending beyond parcel boundaries.

Advertising and "wind stunts" are not permitted, to include banners, windsocks, whirling ornaments, flags and other devices added to call attention to the structure.

Towers must not be climbable. Except for maintenance and other authorized personnel, the base of the tower will not be climbable for a vertical distance of 15 feet from the base, unless the tower is enclosed with an auto locked and auto closed fence that is at least eight feet in height.

Blade clearance must be a minimum of 15 feet from blade tip at its lowest level to the base. The lowest part of the arc of the blade must be a minimum of 20 feet above the height of any structure within 50 feet of the installation.

The maximum height of a private WECS shall not exceed fifty (50) feet from ground level nor shall the height exceed the limit recommended by the manufacturer or distributor of the system.

10.

Setbacks shall include the following:

Setbacks include guy wires and anchoring systems no closer than 20 feet from adjacent property lines.

Setbacks include 1.1 times the maximum tower tip height from adjacent property lines, third party transmission lines, telephone lines, roads, communications towers and from any other occupied structures on the same parcel as the project.

Setbacks include 1.5 times the maximum tower tip height from dwellings on adjacent properties.

Waivers will be permitted on guy wires and anchoring system setbacks provided the owners of such adjacent property or properties consent in writing to the locating of such support structures closer than 20 feet from the lot line.

11.

Any vertical axis WECS may be mounted to the roof of a principal or accessory structure provided that the total height of such system does not extend greater than ten (10) feet above the peak of the roof. Such installations shall, if possible be mounted so as to minimize visibility from the street. All mounting and wiring shall comply with the 2015 National Building Code, 2015 National Residential Code and 2011 National Electric Code, as amended from time to time or as the Village adopts updated subsequent codes.

12.

Decommissioning Plan: A decommissioning plan will be required to ensure that a WECS is removed after its useful life. The plan will include provisions for removal of all structures (including equipment, fencing and roads) and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the WECS. The decommissioning plan must include an estimate from a licensed professional engineer for the cost of decommissioning. In the event that a WECS is not properly decommissioned in accordance with this Section, the Village will have right to enter the property to decommission the WECS. Any costs incurred by the Village to decommission the WECS shall be paid by and recoverable from the owner of the property and the owner of the WECS, who shall be jointly and severally liable for the Village's costs. The decommissioning plan and financial security must be presented to and accepted by the Village prior to the issuance of a building permit for the WECS. Any update to the decommissioning plan must be submitted to the Village. The Village reserves the right to require additional information or components to the decommissioning plan as the Village deems necessary to ensure that an adequate proposal is in place to decommission the WECS in its entirety and that adequate funds will be available to complete such decommissioning.

(E)

Operation.

Maintenance. If the WECS is not functional for a period of 90 days, the Village will contact owner by registered letter. Owner has 30 days to reply. If the problem is not repaired in 90 days, the owner has 30 days to remove the private WEC system.

Interference. Interference with utilities is not permitted. Owner has 90 days to correct interference or remove the Private WECS. Interference may include microwave transmission providers, local 911 providers, and television and radio reception.

(F)

Noise levels. Private WECS are limited to 60 dBA at the closest property line, except in storms and outages.

(G)

General Shadow Flicker Regulations.

No shadow flicker caused by any WECS will fall on any Nonparticipating Property that is either located in a residential district or that is used for residential purposes or for a school at any time upon any building on a Nonparticipating Property that exists as of the date of first operation of the WECS.

No shadow flicker caused by any WECS will fall on any Nonparticipating Property that is not located in a residential district and that is not used for residential purposes or for a school for more than one hour on any calendar day on any window of a building that exists as of the date of first operation of the WECS.

(H)

Restrictions.

No minimum size is given for the parcel the project is placed on provided that the setback requirements are met.

A private WECS is to be used only for parcel structures, unless excess power is routed and metered to a power company.

A private WECS is not allowed on a vacant parcel, unless that parcel is adjacent and is the owner's property.

A private WECS on a platted subdivision is further subject to any subdivision covenants.

A private WECS is not allowed on a recorded easement, unless such easement specifies that such system is allowable.

A limit of 150 KW is placed on each tower or vertical axis WECS.

Not more than two (2) WECS units may be placed upon any zoning lot or upon any structure within the Village without first receiving a variation from the Zoning Board of Appeals.

(I)

Electronic Interference. WECS facilities will not be operated so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, in a manner contrary to FCC regulations or other federal, state or local laws. For purposes of this Section III(I), "degradation in performance" will be determined in accordance with the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electrical Industries Association.

(Ord. No. 20-01, § 2, 2-18-20)

19.4 - WIND ENERGY CONVERSION SYSTEMS; COMMERCIAL

(A)

All WECS designed to provide commercially available power or power in excess of 150 kW, or systems that employ more than two (2) towers shall require a Special Use Permit. Such systems shall be developed to meet, at minimum, the following and requirements

With respect to each turbine, the lowest point of each wind turbine generator rotor blade shall be at least 50 feet above ground level at the base of the Turbine Tower.

If the WECS is interconnected to an electric transmission grid, the WECS shall meet the applicable requirements for interconnection and operation set forth in the electric utility's or regional transmission organization's then current service regulations.

Any new roads required for the Project will be private roads and Developer will be responsible for the construction and maintenance thereof.

Developer shall be responsible for repairing any damage caused to any public roads and/or rights-of way resulting from Developer's use in connection with the construction of the Project, decommissioning or operation and maintenance activity related thereto.

The minimum setback distance between each WECS and all overhead utility or transmission lines, other WECS, electrical substations, meteorological towers, public roads, road right-of-way boundary, and other structures shall be no closer than a distance calculated by multiplying the height of the WECS by 1.10. Unless conclusive evidence exists to the contrary, the public road right-of-way is presumed to be a total width of thirty (30) feet.

No Turbine Tower for the Project shall be located closer than a distance calculated by multiplying the height of the turbine multiplied by a factor of 1.10 from the property line of any adjoining property which is titled in the name of a different owner than that of the land on which the Project is located unless such adjoining property owner provides written permission allowing for a lesser distance.

No Turbine Tower for the Project shall be located closer than 1,000 feet from an existing (at the time of the building permit issuance or notice from the building code enforcement officer that no building permit is required) residential structure unless such residence owner provides written permission allowing for a lesser distance. Further, no Turbine Tower shall be located closer than a distance calculated by multiplying the total height of turbine by a factor of 1.10 from an existing (at the time of the building permit issuance or notice from the building code enforcement officer that no building permit is required) outbuilding with poured concrete foundation of a depth of at least 18 inches, unless such outbuilding owner provides written permission allowing for a lesser distance measured from the center point of the base of the turbine.

High voltage transmission lines and appurtenances between any substation to be located on the Project site and the substation or other point of interconnection to the electric transmission grid will be installed above ground. Subject to co-location restrictions for existing utilities or uses, such transmission lines and appurtenances may be constructed and located by Developer within Village rights-of-way at no additional charge to Developer for the life of the Project. Such transmission lines and appurtenances may also be located on any other real property for which licenses, easements, leases, rights-of-way or similar land rights have been obtained by Developer.

Audible noise due to Commercial WECS operations shall not exceed 65 decibels for any period of time, when measured at any residential, school, hospital, church or public library building existing on the date of approval of the WECS.

10.

The Project shall operate in conformance with Federal Communications Commission ("FCC") regulations.

11.

WECS shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the WECS.

12.

All Turbine Towers shall be industry-standard white, gray or another non-obtrusive color with finishes that are matte or non-reflective. Blades may be black in order to facilitate de-icing.

13.

To the extent practicable, Turbine Towers shall avoid the creation of artificial habitat for raptors or raptor prey.

14.

There shall be no lights affixed to the external portions of the Project's Turbine Towers other than those required by the Federal Aviation Administration (the "FAA") or any other applicable authority. Such restriction shall not apply to infrared heating devices used to protect the Project's wind monitoring equipment or any other lighting required for the safe operation and maintenance of the Project.

15.

Upon commercial operation of the Project, Developer shall provide the Village with evidence of insurance carried by Developer for the Project.

16.

A decommissioning plan will be required to ensure that a WES is removed after its useful life. The plan will include provisions for removal of all structures (including equipment, fencing and roads) and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the WES. The decommissioning plan must include an estimate from a licensed professional engineer for the cost of decommissioning. In the event that a WECS is not properly decommissioned in accordance with this Section, the Village will have right to enter the property to decommission the WECS. Any costs incurred by the Village to decommission the WECS shall be paid by and recoverable from the owner of the property and the owner of the WECS, who shall be jointly and severally liable for the Village's costs. The decommissioning plan and financial security must be presented to and accepted by the Village prior to the issuance of a building permit for the WECS. Any update to the decommissioning plan must be submitted to the Village. The Village reserves the right to require additional information or components to the decommissioning plan as the Village deems necessary to ensure that an adequate proposal is in place to decommission the WES in its entirety and that adequate funds will be available to complete such decommissioning.

(B)

District Regulations.

Commercial WECS may be permitted by Special Use Permit in all zoning districts, provided the site subject to the proposal is at least 40 acres in size.

Project Development Plan. The Project Development Plan shall contain the following information:

Name of the Project;

Name and address of Developer and a statement from Developer providing relevant information regarding:

An overview of Developer;

ii.

Qualifications and experience of Developer in commercial wind energy development; and

iii.

Financial information regarding Developer's ability to develop, construct, operate and maintain the Project.

Summary Project information including:

Project description;

ii.

Project schedule; and

iii.

Phases of development and possibilities for future expansion.

Developer shall submit a site plan with the following specifications:

Scale of 1" = 2000';

ii.

Scale and north point (up);

iii.

Boundaries of Project site by legal description;

iv.

Adjoining public roads;

Houses within 1000' of the Project site boundaries;

vi.

Acreage of Project site;

vii.

Schematic of zones suitable for the installation of turbine, electric collector and transmission lines, electrical equipment, substations, maintenance roads and other associated facilities; and

viii.

Schematic of proposed location of transmission lines and any underground pipeline and other utility easements required in connection with the Project.

(Ord. No. 20-01, § 2, 2-18-20)

19.5 - SOLAR ENERGY SYSTEMS; COMMERCIAL

(A)

Applicability. This Section applies to all commercial solar energy systems, as defined herein, where the purpose of such facility is to generate power/electricity that is primarily consumed off-site.

(B)

Commercial Solar Energy Systems shall, in all cases, require a special use permit, and shall meet the following minimum standards:

Shall be located on not less than five (5) acres;

Shall constitute the principal use of the site;

Shall be designed to minimize the glare or other negative impacts on surrounding property;

The installations of such systems shall be done in accordance with all manufacturer's standards for installation;

Collectors, panels and other related facilities shall not exceed twenty (20) feet in height;

The perimeter of such sites shall be fenced and all yards abutting residential or roadways shall be adequately screened so as to minimize the visual impact of the solar collectors.

(C)

Applications shall, at a minimum, include the following submittals:

Site plan showing lot lines, equipment locations, height of all structures to be installed, setback measurements, screening placement, fencing installations, all homes within 1000' of the property lines, all schematics for the installation of the wiring and connection to power mains, and all facilities connected or related to the operation of the system;

Name, address and contact information for the business operating the system;

Description of the equipment being installed and copies of the relevant manufacturer installation data;

Projected energy production, utility agreement descriptions and pro forma;

Petition signed by all owners of the property as well as an authorized signature of the proposed operator;

Analysis of the impact of the installation and operation of the system on the surrounding properties.