The purpose of this article is to:

(1)

promote the safe, effective and efficient use of wind energy turbines;

(2)

preserve and protect the public health, safety and welfare by minimizing the potential adverse effects of wind energy turbines; and

(3)

establish standards and procedures by which the siting, installation, operation and decommissioning of wind energy turbines shall be governed.

(Ord. No. 12-07, § 1, 4-9-2012)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them:

Anemometer: A temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, and wind direction vanes.

Decibel: A unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A) weighted scale as defined by the American National Standards Institute.

Tower. A freestanding monopole that supports a wind energy turbine.

Wind energy turbine: A tower or structure-mounted wind energy conservation system that converts wind energy into electricity, including any base, blade, foundation, generator, motor, transformer, rotor, wiring, cable, tower or related appurtenance.

(Ord. No. 12-07, § 1, 4-9-2012)

(a)

Anemometers are permitted in all zoning districts as a temporary use, subject to the following requirements:

(1)

The construction, installation, or modification of an anemometer shall require a development permit in accordance with section 82-585 of this chapter.

(2)

An anemometer shall conform to all applicable local, state and federal safety, construction, environmental, electrical, communications, and FAA requirements.

(3)

An anemometer shall be subject to all height, setback, separation, location, safety and decommissioning requirements applicable to a wind energy turbine under this article.

(4)

An anemometer shall be permitted as a temporary use for a period not to exceed one year.

(Ord. No. 12-07, § 1, 4-9-2012)

(a)

Wind energy turbines located on the same lot as the main building or structure, designed to supplement the energy needs of a residence or business, are a permitted accessory use in all zoning districts, subject to the requirements of this article.

(b)

The construction, installation, or modification of a wind energy turbine shall require a development permit in accordance with section 82-585 of this chapter.

(Ord. No. 12-07, § 1, 4-9-2012)

(a)

Wind energy turbines attached to any building, structure, roof or other elevated surface are subject to the following requirements:

(1)

Total height shall not exceed 15 feet as measured from the highest point of the roof, excluding chimneys, antennae, and other similar protuberances.

(2)

Setback shall be a minimum of 15 feet from any property line, public right-of-way, public easement, or overhead utility lines. The setback shall be measured from the furthest outward extension of all moving parts.

(3)

A wind energy turbine shall not be affixed to the side of a building or structure facing any street or roadway.

(4)

No more than one wind energy turbine shall be installed on any lot.

(b)

Tower-mounted wind energy turbines are subject to the following requirements:

(1)

Total height shall not exceed 100 feet as measured from the ground level at the base of the tower to the uppermost vertical extension of any blade, or the maximum height reached by any part of the wind energy turbine.

(2)

A wind energy turbine shall be located in the rear yard.

(3)

A wind energy turbine shall be setback from all property lines, public rights-of-way, public easements and utility lines a distance of five feet greater than the total height of such wind energy turbine, as measured in accordance with subsection (b)(1).

(4)

All occupied buildings or structures shall be located a minimum of 20 feet from the base of the tower.

(5)

No more than one wind energy turbine shall be installed on any lot.

(6)

All electrical controls, control wiring, grounding wires, power lines, and system components shall be placed underground within the boundary of the lot on which the wind energy turbine is located.

(Ord. No. 12-07, § 1, 4-9-2012)

(a)

Wind energy turbines shall be non-reflective and non-obtrusive in color (e.g., white or gray).

(b)

Wind energy turbines shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.

(c)

Wind energy turbines shall not be used for displaying any advertising (including flags, streamers, or decorative items).

(d)

The lowest extension of any blade or other exposed moving component of a wind energy turbine shall be at least 15 feet above the ground and at least 15 feet above any outdoor surfaces intended for human use, such as balconies or roof gardens, that are located directly below a wind energy turbine.

(e)

Guy wires shall not be permitted as part of any wind energy turbine.

(Ord. No. 12-07, § 1, 4-9-2012)

(a)

Audible sound or noise from a wind energy turbines shall not exceed 55 decibels, as measured from the boundary line of the lot on which it is located.

(b)

Wind energy turbines shall be equipped with an automatic braking or governing system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower, rotor, blades and other wind energy components.

(c)

Wind energy turbines shall be equipped with lightning protection.

(d)

Wind energy turbines shall have a maximum power generation of 30 KW.

(e)

Wind energy turbines shall conform to all applicable local, state and federal safety, construction, environmental, electrical, communications, and FAA requirements.

(f)

Wind energy turbines shall not cause electromagnetic interference with any broadcast or communication system including, but not limited to, radio, telephone, television, satellite, wireless phone, personal communication systems or emergency communication systems. Wind energy turbines shall not be installed in any location within the line of sight of an existing microwave communication link.

(Ord. No. 12-07, § 1, 4-9-2012)

(a)

Wind energy turbines shall be decommissioned within 12 months after the end of their useful life. A wind energy turbine will be presumed to be at the end of its useful life if no electricity is generated by it for a continuous period of 12 months. All decommissioning expenses are the responsibility of the owner(s) of the lot upon which the wind energy turbine to be decommissioned is located and the village may require financial guarantees to assure compliance.

(b)

Decommissioning shall include the removal of a wind energy turbine, its electrical components, and any other associated facilities. Any foundation shall be removed to a minimum depth of 60 inches below grade, or to the level of the bedrock if less than 60 inches below grade.

(c)

If the owner(s) of the lot fails to complete decommissioning in compliance with this section, the village may perform the required decommissioning. The actual cost, plus accrued interest at the rate of one percent per month from the date of completion, incurred by the village in its performance of any decommissioning pursuant to this section shall be charged by invoice to the owner(s) of the lot on which such work was performed. Where the full amount due the village is not paid by the owner(s) within 60 days after the completion of decommissioning, the village treasurer may cause to be recorded a sworn statement showing the cost and expense incurred and the date and premises on which said work was done. The recordation of such sworn statement shall constitute a lien on the premises, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Sworn statements recorded in accordance with this section shall be prima facie evidence that all legal formalities have been complied with and that the work has been properly and satisfactorily done, and shall be full notice that the amount of the statement, plus interest, constitutes a charge against the premises designated or described in the statement and is due and collectible as provided by law.

(Ord. No. 12-07, § 1, 4-9-2012)