Wind energy conversion systems shall be permitted (i) in any zoning district within the corporate limits of the city and (ii) within the one and a half (1.5) mile radius surrounding the corporate limits of the city (pursuant to section 11-26-13 of the Illinois Municipal Code (65 ILCS 5/11-26- 13)) only upon approval by the city council after a hearing before the city zoning board as set forth in article B, special uses, of chapter 2, administration and enforcement, of title 9, zoning regulations, of the city code. (Ord. 2025-6, 6-9-2025)

For purposes of this chapter 14, "wind energy conversion system" shall mean any wind farm, electric-generating wind device or other system by which wind energy is converted to electricity. (Ord. 2025-6, 6-9-2025)

Applications for approval of a wind energy conversion system shall include the name, address, telephone number, email address and signature of the applicant (and the property owner, if other than the applicant), the payment of the application fee in an amount determined from lime to time by the city council and the following information, all in such detail as requested by the city:

   A.   Legal description of the property proposed for the wind energy conversion system;

   B.   Scaled site plan, showing, at a minimum, the boundaries of the property upon which the wind energy conversion system is to be located, the location of all wind energy conversion system structures and the location of all aboveground utility lines or other utility equipment;

   C.   Description of the wind energy conversion system and related improvements including, without limitation, its manufacturer and type, approximate name plate generating capacity, height of towers, diameter of rotors and description of applicant and its wind energy conversion system experience;

   D.   Documentation of compliance with all applicable industry standards, all applicable laws and regulations, and the provisions of this section and any other applicable provisions of the city code;

   E.   Evidence that no adverse impacts, as described in section 9-14-6 below, are likely to occur as a result of the proposed wind energy conversion system project;

   F.   Decommissioning plan provided; and

   G.   Such other information as the city shall request. (Ord. 2025-6, 6-9-2025)

Any wind energy conversion system shall comply with the following minimum requirements, unless a variance is granted pursuant to section 9-14-5 below:

   A.   Setbacks The minimum distance between any wind energy conversion system turbine and all property lines, overhead utility or transmission lines or other utility equipment, public rights of way and other wind energy conversion system turbines shall be I. I times the height of the turbine (measured from the established grade at the base of the tower to the highest point on the turbine rotor plane);

   B.   Rotor to ground height the minimum distance between the ground, measured from the established grade at the base of the turbine, and any part of the rotor blade system shall be twenty-five (25) feet;

   C.   Anti-climbing devices - wind energy conversion system turbines shall not be climbable up to a height of fifteen (15) feet from established grade;

   D.   Noise - Noise from a wind energy conversion system shall not exceed sixty (60) decibels al any point on the boundary of the property;

   E.   Signs - No signs other than "high voltage" or other warning signs may be posted on a wind energy conversion system turbine;

   F.   Color- All wind energy conversion system equipment shall be made of non-reflective material and shall be white or light gray in color;

   G.   Controls and brakes all wind energy conversion system turbines shall be equipped with manual or automatic controls or mechanical brakes to limit rotation of blades to a speed below the designed limits of the wind energy conversion system. For purposes of this section, "manual and automatic controls" mean controls which give protection to power grids and limit rotation of the wind energy conversion system blades to below the designed limits of the wind energy conversion system. The professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanies by a professional engineer's or the authorized factory- representative's statement of certification;

   H.   Lighting - Lighting above ground level shall be permitted only to the extent required by the federal aviation administration;

   I.   Industry standards - All wind energy conversion systems shall conform to all applicable industry standards including without limitation those of the american national standards institute and the american wind energy association. Installation and operation of wind energy conversion systems shall conform to the manufacturer's standards;

   J.   Compliance with laws - All wind energy conversion systems shall comply with all applicable laws, ordinances and regulations;

   K.   Wiring - All wiring associated with the wind energy conversion system shall be underground;

The requirements set forth in this section 9-14-4 are intended to be minimum requirements, and this section shall not be construed to prevent the city from imposing additional requirements for approval, nor shall it be construed to require the city to approve any wind energy conversion system when all of the minimum requirements are met. (Ord. 2025-6, 6-9-2025)

   A.   All applicants seeking approval of a wind energy conversion system shall be required to have a decommissioning plan to ensure the wind energy conversion system is properly removed upon the end of the project life or facility abandonment. For purposes of this section, "facility- abandonment" shall mean when no electricity is generated by the wind energy conversion system for a consecutive period of two (2) years or when the owner and/or operator of the wind energy conversion system has stated in writing to the city that the owner and/or operator intends to abandon, vacate, or cease wind energy creation operations indefinitely on a specified wind energy conversion system. The decommissioning plan shall state how the wind energy conversion system will be decommissioned. Decommissioning shall include: removal of all structures (including wind energy conversion system equipment and fencing) and debris to a depth of four (4) feel, restoration of the soil, and restoration of vegetation within six (6) months of the end of project life or facility abandonment. The owner shall restore the land to a condition reasonably similar to its condition before the development of the wind energy conversion system, including replacement of top soil, which may have been removed or eroded, and replacement of trees. A decommissioning plan shall be submitted and approved prior to rhe issuance of the building permit.

   B.   Financial Security. Appropriate means of financial security shall be required as part of the decommissioning plan. The security shall be in the name of the city for one hundred percent (100%) of the estimated cost of decommissioning. The estimated cost shall not include any projected salvage value of the wind energy conversion system equipment and other used equipment. The estimated cost shall be prepared by an Illinois licensed professional engineer.

      1.   Security may be in the form of one of the following:

         a.   Irrevocable letter of credit;

         b.   Continuous surety bond;

         c.   Cash escrow account; or

         d.   Any other means deemed acceptable by the city.

   C.   Agreement. The decommissioning plan shall also include an agreement between the applicant and the city which stales:

      1.   Financial security must remain valid through the life of the project. An updated decommissioning plan including estimated costs prepared by an Illinois licensed professional engineer and financial security must be submitted to the city every four (4) years;

      2.   The city shall have access to the financial security funds for the express purpose of completing decommissioning if decommissioning is not completed by the owner within six (6) months of the end of project life or facility abandonment;

      3.   The city is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning; and

      4.   The city is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the city's right to seek reimbursement from owner or owner's successor for decommissioning costs which exceed the financial security and to file a lien against any real estate owned by the owner or owner's successor, or in which they have an interest, for the excess amount, and to take all steps allowed by law to enforce said lien.

      5.   Release Of Financial Security. Financial security shall only be released when the city determines, after inspection, that the conditions of the decommissioning plan have been met. (Ord. 2025-6, 6-9-2025)

Notwithstanding the foregoing, an applicant may request a variance from any of the provisions of this chapter 14. The variance request shall be made a part of the original application. Permits for wind energy conversion systems shall be granted by the city council by a simple majority, after the public hearing described above, but variance requests shall require the affirmative vote of two-thirds (2/3) of the city council after the public hearing described above. (Ord. 2025-6, 6-9-2025)

The applicant shall be responsible to ensure that no adverse impact to the environment or to other property owners in the area occurs as a result of the proposed wind energy conversion system project. The applicant shall provide evidence that no adverse impacts are likely to occur in its original application, and. in the event that adverse impacts do occur, shall take all steps necessary to eliminate such adverse impacts. In the event that adverse impacts do occur, the wind energy conversion system shall not operate until the adverse impacts are eliminated. For purposes of this article, adverse impacts shall include, without limitation, interference with radio, television, internet or telephone or other communication system reception, shadow flicker and risks to local wildlife, habitat and migratory birds.

Upon approval of a wind energy conversion system as set forth in section 9-14-1 above, the wind energy conversion system shall be constructed in accordance with the application to the city. Any modifications to the wind energy conversion system, whether during or after initial construction, shall require an amendment to the special use permit, which shall require the same procedure as the initial issuance of the special use permit. (Ord. 2025-6, 6-9-2025)