Pursuant to the powers granted and limitations imposed by the constitution and laws of the state of Illinois, including the statutory authority granted in 65 Illinois Compiled Statutes 5/11-13-26. (Ord. 2010-816, 5-18-2010)

   A.   To establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of building mounted, small and large wind energy systems.

   B.   To assure that any development and production of wind generated electricity in the village of Wadsworth is safe and to minimize any potentially adverse effects on the community.

   C.   To promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals.

   D.   To facilitate energy cost savings and economic opportunities for village of Wadsworth residents and businesses. (Ord. 2010-816, 5-18-2010)

ABANDONMENT: Any wind energy system (WES) that has not been repaired to operating condition within ninety (90) days.

AMBIENT SOUND: The all encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this chapter, the "ambient sound level" shall mean the quiescent background level, that is, the quietest of ten (10) 10-second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs or jets). Daytime ambient measurements should be made during midmorning, weekday hours while nighttime measurements should be made after twelve o'clock (12:00) midnight.

APPLICANT: The owner, who is in the process of submitting or has submitted an application to install a wind energy system project in the village of Wadsworth.

BUILDING MOUNTED WIND ENERGY SYSTEMS (BWES): Wind energy systems that are structurally attached either onto the roof, to the side of a building, or anchored to the ground within three feet (3') of a building with support attached to the side of the building, not exceeding forty five feet (45') in height above the ground.

DAYTIME HOURS: The hours of the day from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M., local time.

DECIBEL (dB): The unit of sound level based on a reference where zero dB represents the threshold of hearing at one thousand (1,000) Hz for a healthy young adult.

DECOMMISSIONING: Once a WES has been deemed inoperable or abandoned its components must be disassembled and removed from the premises, including the foundation. Upon removal, the site shall be restored to its original preconstruction condition.

FAA: The federal aviation administration of the United States department of transportation.

FCC: The federal communications commission.

FINANCIAL ASSURANCE: A reasonable assurance from a creditworthy party, examples of which include a surety bond, trust instrument, cash escrow or irrevocable letter of credit.

GRID INTERTIE WES SYSTEM: A system that converts wind energy to electrical energy that is connected to an electric circuit served by an electric utility company.

HIGH QUALITY AQUATIC RESOURCE: Waters of the United States or isolated waters of Lake County that are determined to be critical due to their uniqueness, scarcity, function and/or value.

HORIZONTAL AXIS WIND TURBINE (HAWT): This is the most typical type of turbine used. They have the main rotor shaft and generator at the top of the tower, and must be pointed into the wind. Small turbines are pointed by a simple wind vane, while large turbines generally use a wind sensor coupled with a servomotor. Most have a gearbox, which turns the slow rotation of the blades into a quicker rotation that is more suitable to drive an electrical generator.

IDNR: The Illinois state department of natural resources.

LARGE WIND ENERGY SYSTEMS (LWES): Wind energy systems with turbine towers and fully extended blades measuring taller than one hundred seventy five feet (175') from the ground. LWES include one or more wind turbines, electronic conversion and distribution systems. They typically produce energy to be sold commercially and have a nameplate capacity of seven hundred fifty (750) kW to 2.5 MW.

LOW FREQUENCY SOUND: Sound with frequencies below one hundred (100) Hz, including audible sound and infrasound, as opposed to broadband which has sound frequencies above one hundred (100) Hz. Infrasound has frequencies below twenty (20) Hz, which if sufficiently intense, can be perceived by many individuals, and must be measured by a sound level meter using the C-weighted system.

MET TOWER: A meteorological tower with an anemometer, used for the measurement of wind speed.

NACELLE: The part containing the shaft, gearbox, and generator in a typical horizontal axis turbine.

NAMEPLATE WATTAGE: The amount of energy produced from a wind energy system at maximum or optimum wind speeds within one hour, as indicated by the manufacturer.

NEIGHBORING PROPERTY: Any property within five hundred feet (500') of a BWES or SWES, or within 1.5 miles of an LWES.

NIGHTTIME HOURS: The time of the day after ten o'clock (10:00) P.M. until seven o'clock (7:00) A.M., local time.

NOISE: Sound that adversely affects the psychological or physiological well being of people. Sound is a disturbance or oscillation that propagates outwardly as acoustic waves through the air.

NONPARTICIPATING PROPERTY: A property that is not owned by the owner of the property on which the WES is proposed or installed.

OPERATIONAL CONDITION:   WES facilities being capable of operating at full capacity while meeting all sound, shadow flicker and other permit conditions.

OPERATOR: The entity responsible for the day to day operation and maintenance of the WES, including any third party subcontractors.

OWNER: A. The person(s), who hold(s) title of the property on which a BWES or SWES facility is installed.

   B.   The entity or entities with an equity interest in the LWES facilities, including their respective successors and assigns.

PARTICIPATING PROPERTY: A property that is owned by the owner of the property on which the WES is proposed or installed.

PROFESSIONAL ENGINEER: A qualified individual who is licensed as a professional engineer in the state of Illinois.

SHADOW FLICKER: The on and off strobe light effect caused by the shadow of moving blades cast by the sun passing above the turbine. "Shadow flicker intensity" is defined as the difference or variation in brightness at a given location in the presence and absence of a shadow.

SILHOUETTE: The area covered by moving blades of WES turbine, as viewed from the front elevation, described in square feet.

SMALL WIND ENERGY SYSTEMS (SWES): Freestanding, tower mounted wind energy systems with a system height measuring less than one hundred seventy five feet (175') from the ground. SWES facilities are accessory structures that generate power for local distribution and consumption. Generators typically range from one kW to one hundred (100) kW in nameplate wattage.

SOUND: A disturbance or oscillation that propagates outwardly as acoustic waves through the air.

SOUND FREQUENCY: The number of oscillations per second expressed in hertz (Hz). How we perceive sound is partly dependant on frequency. High frequency sound has more oscillations per second, whereas low frequency sound has fewer.

   A.   Audible Or Tonal Sound: Sound frequencies between twenty (20) and twenty thousand (20,000) Hz. With WES, this may include mechanical sounds from rotating machinery experienced as "hum" or "pitch" occurring at distinct frequencies.

   B.   Broadband: A wide range of frequencies above one hundred (100) Hz. With WES, the aerodynamics from the displacement of air from the turning blades of a wind turbine creates a "swishing" or "whooshing" sensation.

   C.   Low Frequency: Sound with frequencies below one hundred (100) Hz, including audible sound and infrasound.

      1.   Infrasound: Sound frequencies below twenty (20) Hz, which if sufficiently intense, can be perceived by many individuals.

SOUND LEVEL: The A-weighted sound pressure level in decibels (dB) (or the C-weighted level if specified) as measured using a sound level meter that meets the requirements of a type 2 or better precision instrument according to ANSI S1.4. The "average" sound level is time averaged over a one to two (2) minute period using an integrating sound level meter that meets the requirements of ANSI S12.43.

STRUCTURAL ENGINEER: An engineer who is licensed and registered to practice structural engineering in the state of Illinois under the Illinois structural engineering act and whose principal professional practice is in the field of structural engineering.

STRUCTURAL WEIGHT: The combined weight of the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation.

SUBSTATION: The apparatus that connects the electrical collection system of the WES facilities and increases the voltage for connection with the utility's transmission lines.

SUN GLINT: The reflection of sunlight off of a surface of the blades, tower, or other component of the wind energy system.

SYSTEM HEIGHT: The distance from the ground to the highest point of the WES, including the highest reach of the blades.

TOWER: A tall structure, mounted in the ground, on which a wind turbine is mounted.

TURBINE: The parts of a wind energy facility including the blades, nacelle and tail.

TURBINE HEIGHT: The distance from the structure's average ground elevation to the highest point of the wind turbine, including the highest reach of the blades.

VERTICAL AXIS WIND TURBINE (VAWT): A small scale wind turbine, in which the main rotor shaft is arranged vertically creating an "egg beater" appearance. The generator and gearbox are located near the ground so the tower does not have to support it and it is more accessible for maintenance.

WATT (Symbol: W): A derived unit of power in the international system of units (SI). It measures rate of energy conversion. One watt is equivalent to one joule (J) of energy per second. The kilowatt (symbol: kW) is equal to one thousand (1,000) watts. The megawatt (symbol:   MW) is equal to one million (1,000,000) watts.

WIND ENERGY SYSTEM (WES): A wind energy production, conversion and distribution system consisting of a wind turbine, tower, and associated electronics equipment. In other publications this is known as wind energy conversion system (WECS).

WIND FARM: Two (2) or more large wind energy systems (LWES), operated by a common owner or operator, for aggregating their collective energy supply, in whole or in part for resale purposes, and which share a common connection to electric transmission facilities. (Ord. 2010-816, 5-18-2010; amd. Ord. 2010-824, 9-7-2010)

The owner of the BWES, SWES, or LWES project shall defend, indemnify and hold harmless the village of Wadsworth and their officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney fees arising out of the acts or omissions of the owner concerning the operation of the WES project without limitation, whether said liability is premised on contract or on tort. (Ord. 2010-816, 5-18-2010)

   A.   Average Sound Level: The average sound level for wind facilities shall not exceed fifty (50) dBA during the daytime and forty (40) dBA during the nighttime at any point within neighboring, residentially zoned or used property. The average sound level from wind facilities shall not exceed sixty five (65) dBA on neighboring industrial properties and sixty (60) dBA on other neighboring nonresidential properties at any time of day. Measurements can be taken at any location on nonparticipating properties and must account for ambient sound contributions.

   B.   Operation Of WES With Average Sound Level More Than Five dBA Above Level: No WES shall operate with an average sound level more than five (5) dBA above the nonoperational ambient level, as measured within one hundred feet (100') of any neighboring residential dwelling.

   C.   Limitation Of Low Frequency Sound: To limit the level of low frequency sound, the average C-weighted sound level during facility operation shall not exceed the A-weighted ambient sound level by more than twenty (20) dB.

   D.   Sound Level Measurement:

      1.   Sound Measurement Worksheet: The wind energy facilities sound measurement worksheet is intended to determine the average sound level (i.e., source sound level) from operating wind energy facilities by correcting for the ambient sound levels. This measurement will determine whether the sound exceeds the limits indicated in this section.

      2.   Sound Level Meters: Sound level meters (SLM) must meet the type 2 grade or better per the latest revision of ANSI S1.4 "American National Standard Specification For Sound Level Meters" and must have an integrating feature that meets ANSI S1.43 "American National Standard Specifications For Integration Averaging Sound Level Meters".

      3.   Basis Of Procedures: The procedures outlined herein are based in essences on applicable portions of ANSI S12.9 "American National Standard Quantities And Procedures For Description And Measurement Of Environmental Sound" and part 910 of title 35: environmental protection, subtitle H: noise, chapter 1: Illinois pollution control board.

      4.   Frequency Measurement:

         a.   The A-weighted scale is most often utilized for the measurement of tonal or audible sound levels. These are sounds that range from twenty (20) to twenty thousand (20,000) Hz and that the human ear can typically hear.

         b.   The C-weighted scale is utilized especially for measurement of low frequency sound, i.e., more bass tones or infrasound, which may or may not be audible to the human ear. Low frequency sounds can travel farther and may be enhanced in different locations such as in buildings.

      5.   Instrumentation Setup:

         a.   Ensure the battery is in good condition.

         b.   Measurements may be taken at any position on a nonparticipating property, provided the location is not within:

            (1)   Five feet (5') of small surfaces (e.g., trees, posts, etc.);

            (2)   Twenty five feet (25') of a large reflective surface (e.g., shed, building, etc.); or

            (3)   Fifty feet (50') of a large reflective surface if the sound is tonal in nature.

         c.   A tripod for the microphone or SLM is required if the sound is high pitched. If the sound is low frequency in nature, a handheld meter is acceptable as long as the arm is extended.

         d.   The microphone on the SLM must be aimed toward the noise source and oriented at an angle recommended by the manufacturer (usually 45 to 70 degrees off the ground). (Ord. 2010-816, 5-18-2010)

   A.   Building Mounted Wind Energy Systems (BWES) Building Permit Application Requirements:

      1.   Zoning Districts: One building mounted wind energy system (BWES) shall be allowed on a lot as a permitted use in any zoning district, provided that all building permit requirements and general regulations are met, as defined in the village of Wadsworth building and zoning codes and in this section below. A conditional use permit shall be required for any additional BWES on a lot.

      2.   Project Proposal:

         a.   Name, address and phone number of owner and applicant.

         b.   Project summary including the manufacturer information and number of proposed turbines.

         c.   Photos of the proposed location of BWES.

         d.   A front elevation depiction of the building showing location and proposed height of the top of the turbine from the top of the building.

      3.   Engineering:

         a.   Manufacturer's engineering specifications of the turbine, nameplate wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production that must fit within the sound level standards below.

         b.   All BWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.

         c.   Each BWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

      4.   Braking Systems:

         a.   BWES facilities shall be equipped with automatic and manual braking systems.

         b.   The owner shall be required to immediately cease operations as reasonably requested by the village of Wadsworth.

      5.   Insurance: Proof of homeowner or business liability insurance, as appropriate.

      6.   Electric Utility: Approval letter from the local electric utility company, if the system is to be connected to the energy grid.

   B.   Additional Standards (BWES):

      1.   Installation:

         a.   BWES facilities must be installed according to manufacturer specifications.

         b.   BWES devices may be structurally attached either on the roof, side of a building, or anchored to the ground within three feet (3') of a building with support from the side of the building (but only in the side or rear yard of a lot), in accordance with the village of Wadsworth's building code.

         c.   Electrical connections must be made by a licensed electrician.

         d.   BWES facilities shall not be located on any accessory building or structure that is located in front of (in relation to the front building line) the primary building located on the property.

      2.   Height: As measured from its highest point, BWES facilities may extend up to a height of fifteen feet (15') above the highest point of the building structure, but in no case shall exceed forty five feet (45') above the ground in a residentially zoned district.

      3.   Shadow Flicker: The BWES' shadow flicker shall not fall on any residential building. Further, shadow flicker shall not fall within the buildable areas (as defined by current zoning setbacks) of nonparticipating properties that are residentially zoned or used at the time of approval for more than fifty (50) hours in a calendar year. The owner must commit to a schedule for turning the turbine off during period exceeding that limit.

      4.   Silhouette:

         a.   As measured at its widest point, the diameter of the BWES shall not exceed twenty percent (20%) of the width of the building's front elevation for residential buildings and nonresidential buildings abutting residentially used properties.

         b.   The diameter of the BWES shall not exceed fifty percent (50%) of the width of a nonresidential building, not abutting residentially used properties.

      5.   Sun Glint:   BWES' surface finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the system.

      6.   Electronic Interference:   BWES facilities shall not violate federal communication commission (FCC) or state or local laws by causing electromagnetic interference with communication systems. The determination of degradation of performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute Of Electrical Engineers, the Institute Of Radio Engineers And Electrical Industries Association.

      7.   Signage: No BWES shall have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification.

      8.   Accessory Use:

         a.   The primary purpose of the BWES shall be the production of energy for local distribution and consumption.

         b.   BWES facilities shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes.

         c.   It is permissible to sell excess energy that is produced by a BWES to the local electric utility company.

   C.   Maintenance, Complaints And Decommissioning:

      1.   Maintenance And Complaints:

         a.   BWES facilities shall be maintained in operational condition at all times, except for reasonable maintenance and repair outages.

         b.   Should a BWES become inoperable, or should any part of the BWES become damaged, or should a BWES violate a permit condition, the owner shall cease operations immediately and remedy the condition promptly.

      2.   Decommissioning Plan:

         a.   If a BWES has not been in operable condition and has been abandoned as defined by this chapter, the village of Wadsworth zoning officer shall notify the owner of the finding of abandonment. The owner shall remove all BWES structures within ninety (90) days of receipt of the finding of abandonment.

         b.   If such abandoned facility is not removed within ninety (90) days, the village of Wadsworth may remove all structures at the owner's expense. In the case of such removal, the village of Wadsworth has the right to file a lien against the property for reimbursement, following reasonable notice to the owner, to pay for the removal of the facility(ies). Any and all expenses incurred by the village of Wadsworth as part of this effort, which include, without limitation, facility removal costs, attorney fees, accrued interest and recording costs may be sought after by the village.

         c.   Upon removal, the site shall be restored to its original preconstruction condition. See photos presented with project proposal.

   D.   Historic Districts And Landmarks:   BWES facilities within a local historic district or landmark, a state historic district or landmark or a national historic district or landmark must receive a recommendation from the plan commission and approval by the village board prior to any permit being issued for said facility(ies). Approval letters from state or nationally recognized historic preservation agencies may be required. (Ord. 2010-816, 5-18-2010)

   A.   Small Wind Energy Systems (SWES) Building Permit Application Requirements:

      1.   Zoning Districts: One SWES may be allowed on a lot in any zoning district subject to the issuance of a conditional use permit, provided that all building permit requirements and general regulations are met, as defined in the village of Wadsworth building and zoning codes and in this section below. No SWES shall be permitted on residentially zoned or used properties containing less than three (3) acres (120,000 square feet) in area.

      2.   Project Proposal:

         a.   Name, address and phone number of owner and applicant.

         b.   Photos of existing conditions for proposed SWES tower.

         c.   Project summary including the manufacturer information, number of proposed turbines, and proposed height to the top of the turbine.

      3.   Engineering:

         a.   Manufacturer's engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production (see sound level standards below).

         b.   For turbines greater than twenty (20) kilowatts of nameplate capacity, an Illinois licensed structural engineer's seal shall be required.

         c.   All SWES facilities shall be designed to withstand a minimum wind velocity of one hundred (100) miles per hour, with an impact pressure of forty (40) pounds per square foot.

         d.   Each SWES shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

      4.   Braking Systems:

         a.   SWES facilities shall be equipped with automatic and manual braking systems.

         b.   The owner shall be required to immediately cease operations as reasonably requested by the village of Wadsworth.

      5.   Soil Studies: Turbines greater than one hundred feet (100') total height or greater than five thousand (5,000) pounds structural weight shall require a soil analysis at base of the tower and a stamped drawing by an Illinois licensed structural engineer. Structural weight shall be defined as the tower, wind turbine generator, and any other component(s) otherwise supported by the base foundation.

      6.   Insurance: Proof of homeowner, farm or business insurance, as appropriate.

      7.   Electric Utility: Approval letter from the local electric utility company, if the system is to be connected to the energy grid.

      8.   Wildlife Impacts:

         a.   For proposed SWES over one hundred twenty five feet (125') in height, the applicant shall request a natural resource inventory of the proposed small wind facility area from the Lake County soil and water conservation district.

         b.   For SWES over one hundred twenty five feet (125') in height, the applicant shall consult with the Illinois department of natural resources and the U.S. fish and wildlife service on all proposals for small wind facilities regarding potential impacts from the proposed facility on sensitive natural resources. Proof of such consultations shall be provided to the village.

         c.   For SWES over one hundred twenty five feet (125') in height, located within one thousand feet (1,000') of a Lake County forest preserve property or Illinois natural area inventory lands, the applicant shall provide notice to the appropriate agency(ies); proof of such notices served shall be provided to the village.

         d.   The village may develop an environmental plan for the applicant to mitigate any adverse impacts, based on any environmental studies and determination from consultation and noticed parties, as available.

   B.   Site Planning And Site Capacity (SWES):

      1.   Site Plan: Site plan, drawn to scale, including:

         a.   Existing and proposed contours, at a minimum of two foot (2') intervals.

         b.   Location, setbacks, exterior dimensions and square footage of all structures on the owner's property and abutting properties within one hundred feet (100').

         c.   Location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, storm sewer systems, field drain tiles, water distribution systems, septic fields and wells. A property alteration permit issued by the Lake County health department may be required.

         d.   Location of any overhead or underground power lines and utility easements.

         e.   The locations and the expected duration of shadow flicker caused by the SWES facility.

      2.   Setbacks:

         a.   Setbacks shall be measured from the base of the SWES tower.

         b.   SWES facilities may not be constructed within or over (including the blades) any utility, water, or sewer easement, or any other easement or right of way.

         c.   SWES facilities may not be constructed within fifty feet (50') of all water bodies and wetlands and one hundred feet (100') of high quality aquatic resources.

         d.   SWES facilities shall be set back a distance equal to one hundred ten percent (110%), or 1.1 times the system height, from base to all property lines, third party transmission lines, and communication towers.

         e.   The blade tip, at its lowest point, shall have ground clearance of not less than fifteen feet (15').

         f.   Guywires and anchoring systems shall not extend closer than thirty feet (30') from the property line or public right of way.

      3.   Height:

         a.   Unless otherwise specified, the system height for SWES shall be as follows:

            (1)   SWES on residentially zoned or used properties between three (3) acres (120,000 square feet) and five (5) acres (200,000 square feet) shall be limited to sixty feet (60') in height.

            (2)   SWES on residentially zoned or used properties over five (5) acres (200,000 square feet) shall be limited to one hundred twenty five feet (125') in height.

            (3)   SWES on nonresidentially zoned or used properties shall be limited to one hundred seventy five feet (175') in height; provided, however, that SWES facilities on nonresidentially zoned or used properties that are located within five hundred feet (500') of a residentially zoned or used nonparticipating property shall be further limited to one hundred twenty five feet (125') in height. Rezonings and subsequently constructed residences shall not compromise the existing approval and operation of the SWES, as a legal nonconforming use, subject to the applicable regulations.

         b.   WES facilities exceeding one hundred seventy five feet (175') in height shall be considered large wind energy systems (LWES).

      4.   Accessory Use:

         a.   The primary purpose of the SWES shall be the production of energy for local distribution and consumption.

         b.   SWES facilities shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes.

         c.   It is permissible to sell excess energy that is produced by an SWES to the local electric utility company.

   C.   Additional Standards (SWES):

      1.   Installation:

         a.   SWES facilities must be installed according to manufacturer specifications.

         b.   Electrical connections must be made by a licensed electrician.

         c.   SWES facilities shall be located behind the primary building/structure on the property and shall not be located in the front (in relation to the front building line) of the primary building/structure on the property.

      2.   Shadow Flicker: The SWES' shadow flicker shall not fall on any residential building. Further, shadow flicker shall not fall within the buildable areas (as defined by current zoning setbacks) of nonparticipating properties that are residentially zoned or used at the time of approval for more than fifty (50) hours in a calendar year. The owner must commit to a schedule for turning the turbine off during period exceeding that limit.

      3.   Sun Glint:   SWES' surface finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the system.

      4.   Electronic Interference:   SWES facilities shall not violate federal communication commission (FCC) or state or local laws by causing electromagnetic interference with communication systems. The determination of degradation of performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute Of Electrical Engineers, the Institute Of Radio Engineers and Electrical Industries Association.

      5.   Signage:

         a.   No SWES shall have any advertising material, writing, picture, or signage other than warning, turbine tower identification, or manufacturer or ownership information.

         b.   This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waving, fluttering or revolving devices, but not including meteorological/weather devices.

         c.   One warning sign, no less than eighteen (18) square inches and no greater than two (2) square feet in area, shall be posted at the base of the tower. The sign shall include a notice of no trespassing, a warning of high voltage, and 911 and the phone number of the owner to call in case of emergency.

         d.   Manufacturer's identification or ownership information signs shall be no larger than one square foot.

      6.   Climb Prevention: The base of the tower shall not be climbable for a vertical distance of fifteen feet (15') from the base, unless enclosed with an eight foot (8') tall locked fence.

      7.   Lighting:

         a.   SWES facilities shall not be artificially lighted, except as required by the federal aviation administration (FAA) or necessary for workers involved in maintenance or repairs. Any required lighting shall be shielded so that no glare extends beyond the property line of the facility.

         b.   Security lighting and any emergency lighting should be kept to the minimum required.

         c.   To reduce potential wildlife impacts, the facility should employ only red, or dual red and white strobe, strobelike, or flashing lights, not steady burning lights to meet FAA requirements for visibility lighting of wind turbines, permanent meteorological towers and communication towers.

   D.   Maintenance, Complaints And Decommissioning (SWES):

      1.   Maintenance And Complaints:

         a.   SWES facilities shall be maintained in operational condition at all times, except for reasonable maintenance and repair outages.

         b.   Should an SWES become inoperable, or should any part of the SWES become damaged, or should an SWES violate a permit condition, the owner shall cease operations immediately and remedy the condition promptly.

      2.   Decommissioning Plan:

         a.   If an SWES has not been in operable condition and has been abandoned as defined by this chapter, the village of Wadsworth zoning officer shall notify the owner of the finding of abandonment. The owner shall remove all SWES structures within ninety (90) days of receipt of notice.

         b.   If such abandoned facility is not removed within ninety (90) days, the village of Wadsworth may remove all structures at the owner's expense. In the case of such removal, the village of Wadsworth has the right to file a lien against the property for reimbursement, following reasonable notice to the owner, to pay for the removal of the facility. Any and all expenses incurred by the village of Wadsworth as part of this effort, which include, without limitation, facility removal costs, attorney fees, accrued interest and recording costs may be sought after by the village.

         c.   Upon removal, the site shall be restored to its original preconstruction condition. See photos presented with project proposal.

   E.   Historic Districts And Landmarks:   SWES facilities within a local historic district or landmark, a state historic district or landmark or a national historic district or landmark must receive a recommendation from the plan commission and approval by the village board prior to any permit being issued for said facility(ies). Approval letters from state or nationally recognized historic preservation agencies may be required. (Ord. 2010-816, 5-18-2010)

LWES and wind farms are not permitted in the jurisdictional limits of the village of Wadsworth and within a 1.5 mile radius surrounding its zoning jurisdiction. (Ord. 2010-824, 9-7-2010)