It is the purpose of this article to:

a.

Provide for the regulation of wind energy conversion systems within the village's regulatory jurisdiction.

b.

Provide for the orderly and planned expansion of the village and the growth of residential, commercial, and industrial uses in and around the village.

c.

Promote the preservation of the rural character and aesthetics of the village, including but not limited to, vistas and views.

d.

Protect and promote the health, safety, and welfare of the residents and inhabitants of the village.

e.

Assure that any structures used in the commercial development and production of wind-generated electricity in the village and within the 1.5-mile radius surrounding its corporate boundaries are safe and effective and are compatible with the use of neighboring properties.

f.

Mitigate potential problems that the development of area wind power resources can create including but not limited to: aesthetic impacts, drainage problems, shadow flicker, risks to the property values of adjoining properties, noise, excessive traffic and damage to roads during construction, and interference with various modes of communication.

g.

This ordinance shall apply only to devices that together convert wind energy into electricity with a rated capacity of more than 100 kilowatts. To the extent such a device is located outside of the 1.5-mile radius surrounding the corporate boundaries of the village, such device shall not be subject to this article 14 and the jurisdiction of the village.

(Ord. No. 02-6-12, § 1(exh. B, § 14.1), 2-6-2012)

The following words and terms when used in the interpretation and administration of this article shall have the meaning set forth herein except where otherwise specifically indicated:

a.

Applicant means the entity or person who submits to the village an application for the siting of any WECS or WECS project.

b.

Blade glint means the intermittent reflection of the sun off the surface of the blades of the WECS blades.

c.

Decommissioning plan means the plan described in section 12 of this article.

d.

Financial assurance means reasonable assurance from a creditworthy party, examples of which include a surety bond, cash escrow, or irrevocable letter of credit.

e.

Nacelle means the enclosure located at the top of a wind turbine tower that houses the gearbox, generator, and other equipment.

f.

Operator means the entity responsible for the day-to-day operation and maintenance of the WECS and WECS project, including any third-party subcontractors.

g.

Owner means the entity or entities with an equity interest in the WECS and WECS project, including their respective successors and assigns. The term "owner" does not mean the property owner; or any person holding a security interest in the WECS or WECS project solely to secure an extension of credit.

h.

Planning commission means the planning commission of the village.

i.

Professional engineer means a qualified individual who is licensed as a professional structural engineer in the State of Illinois.

j.

Property owner means the owner of any property from whom the land is leased for locating the WECS, unless the property owner has an equity interest in the WECS or the WECS project.

k.

Primary structure means, for each property, the structure that one or more persons occupy the majority of the time on that property for either business or personal reasons. [The term] "primary structure" includes structures such as residences, commercial buildings, hospitals, and day care facilities. [The term] "primary structure" excludes such structures as hunting sheds, storage sheds, pool houses, unattached garages and barns.

l.

Shadow flicker means the visible flicker effect when spinning rotor blades cast shadows on the ground and nearby structures causing a repeating pattern of light and shadow.

m.

Substation means the apparatus that connects the electrical collection system of the WECS and increases the voltage for connection with the utility's transmission lines.

n.

Village means the Village of Walnut, Illinois.

o.

Village board of trustees means the president and board of trustees of the Village of Walnut, Illinois.

p.

Village wind energy regulation fund means the village account into which application fees shall be deposited. Expenses of the village related to the siting approval and inspection process related to the WECS shall be disbursed from this account. By enacting this article, the village is directing the creation of said account.

q.

Wind energy conversion system (WECS) means all necessary devices that together convert wind energy into electricity, including the rotor, nacelle, generator, WECS tower, electrical components, WECS foundation, transformer, and electrical cabling from the WECS tower to the substation. This definition shall only apply to devices that together convert wind energy into electricity with a rated capacity of more than 100 kilowatts (kW).

r.

WECS project means the collection of WECS towers and substations specified in the siting approval application pursuant to this article.

s.

WECS tower means the support structure to which the nacelle and rotor are attached.

t.

WECS tower hub height means the distance from the center of the rotor hub to the top surface of the WECS tower foundation.

u.

WECS tower tip height means the distance from the rotor blade at its highest point to the top surface of the WECS tower foundation.

(Ord. No. 02-6-12, § 1(exh. B, § 14.2), 2-6-2012)

This article governs the conditional use of WECS and WECS projects and shall apply only to devices that together convert wind energy into electricity with a rated capacity of more than 100 kilowatts.

(Ord. No. 02-6-12, § 1(exh. B, § 14.3), 2-6-2012)

No WECS or WECS project governed by this article shall be constructed, erected, installed, or located within the village or within one mile of the corporate boundary of the village. No WECS or WECS project governed by this article shall be constructed, erected, installed, or located between one mile of the corporate boundary of the village and 1½ miles of the corporate boundary of the village unless:

(a)

Such WECS and WECS project are located in Section 6, the northwest quarter of Section 7, the south half of Section 15, the southeast quarter of section 16, section 21 or the northwest quarter of Section 22, Township 18 North, Range 8 East of the 4th principal meridian or the southeast quarter of Section 1 or the northeast quarter of Section 12 in Township 18 North, Range 7 East of the 4th principal meridian; and

(b)

Prior approval has been obtained for each individual WECS and the WECS project pursuant to this article.

(Ord. No. 02-6-12, § 1(exh. B, § 14.4), 2-6-2012)

14.5-1

Siting approval for each individual WECS and the WECS project shall be by conditional use permit. The conditional use permit procedures set forth in article 16 of the village zoning ordinance shall govern and control. To obtain siting approval, the applicant must first submit a conditional use permit application to the village. The application shall be filed with the village clerk and shall be accompanied by all supporting documentation and all required application fees at the time of submittal.

14.5-2

To assist in the incidental costs of the application process, each applicant shall be required to pay a nonrefundable application fee of $5,000.00 per WECS tower to be sited in the village's jurisdiction. All fees shall be deposited into the village wind regulation fund. When, in the opinion of the village, third-party reviews, tests, inspections, or engineering reviews, tests, or inspections by the village engineer, third-party engineering firms or other outside consultants are required to determine or verify compliance with this article and other adopted codes of the village, county, state or federal governments, those additional costs shall be paid by the applicant separate and apart from the application fee promptly upon demand by the village. No application shall be approved or conditional use permit issued until the village is satisfied, in its sole discretion, that all such additional costs have been paid by the applicant.

14.5-3

The application shall contain or be accompanied by the following information:

a.

The name(s), address(es), and phone number(s) of the applicant(s), owner(s) and operator(s), and all property owner(s);

b.

A WECS project summary, including the following:

(1)

A general description of the WECS project, including its approximate generating capacity; the equipment manufacturer(s), type(s) of WECS(s), number of WECSs, and generating capacity of each WECS; the maximum height of each WECS tower and maximum diameter of the WECS rotors; the location of the WECS project; construction commencement and completion dates; and

(2)

A description of the applicant, owner and operator, including their respective business structures;

c.

A site plan for the installation of the WECS project showing the planned location (exact) of each WECS tower, guy lines and anchor bases (if any), primary structure(s), property lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, substation(s), electrical cabling from the WECS tower to the substation(s), ancillary equipment, transmission lines, layout of all structures within the geographical boundaries of any applicable setback, and means of interconnecting with the electrical grid. Any staging or layout area where equipment will be gathered for installation shall also be identified;

d.

All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this article and all applicable county, state and federal laws and regulations;

e.

The location of all known communications towers within one-half-mile of any proposed WECS tower;

f.

Recordable evidence of agreement between the owner and each property owner demonstrating that the owner has the permission of such property owner to apply for the necessary permits for siting, construction and operation of the WECS. Such agreement shall also document the agreement of the property owner that the village may enter the property to ensure compliance with this article and the conditional use permit. The agreement shall run with the land and be recorded at the cost of the owner as part of the chain of title of the property owner's property;

g.

A proposed decommissioning plan for the WECS project;

h.

A property value protection plan to protect the values of real property owned by any nonparticipating landowner within two miles of a WECS tower or substation;

i.

A proposed procedure for addressing the complaints of non-participating landowners;

j.

Evidence that the applicant has provided each property owner with a copy of this article; and

k.

Any other information required by the village as part of its conditional use permit process as set forth in this article, article 9 or 16 of this ordinance, or otherwise, including all studies, reports, certifications and approvals demonstrating compliance therewith.

14.5-4

The application shall be reviewed by the village for compliance with this article according to the process and procedures set forth in article 16 of this ordinance. The applicant shall notify the village of any changes to the information provided that occur while the application is pending. Any material deviation between any specification of the application and the actual construction is a violation of this article.

(Ord. No. 02-6-12, § 1(exh. B, § 14.1), 2-6-2012)

14.6-1

[Documentation of wind resources.] The application shall demonstrate that the proposed siting of the WECS has documented annual wind resources sufficient for the operation of the WECS project. The wind resource documentation shall detail, at a minimum, ambient wind at the WECS tower hub height.

14.6-2

Design safety installation.

a.

The WECS 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), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party. Used, outdated or obsolete WECS equipment shall not be permitted to be constructed or installed;

b.

A Professional engineer shall certify, as part of the siting application process, that the foundation and tower design of the WECS are within accepted professional standards and demonstrates structural integrity, given local soil and climate conditions; and

c.

All structures other than WECS which may be built in conjunction with the operation of the WECS project shall comply with applicable safety and building codes, and if there are no codes which are found to be applicable, then they shall comply with the International Building Code standards.

14.6-3

Controls and brakes. All WECS shall be equipped with a redundant breaking system and other controls to limit the rotational speed of the rotors within design limits for the specific model of WECS. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

14.6-4

Electrical components. All electrical components of the WECS shall conform to applicable local, state and national codes, and relevant national and international standards e.g., ANSI, International Electrical Commission and the National Electrical Code. All WECS project wiring shall be underground to a depth of not less than 48 inches, except where the WECS project is connected to the transmission or distribution network or in those locations, such as ditches, streams, or other land or water features which make underground wiring unsafe or impractical.

14.6-5

Color. Towers and rotors shall be painted white or gray or another non-reflective, unobtrusive color; provided that all towers and rotors shall be painted in a uniform color. All painted surfaces shall be kept in good repair during the life of the WECS and shall be repainted as necessary to prevent bubbling, flaking, chipping or other unsightliness. No advertisement or signs, other than required safety warning signs and standard manufacturer nomenclature, shall be allowed. No flags, decorative signs, streamers, pennants, ribbons, spinners, or fluttering or revolving devices shall be allowed.

14.6-6

Compliance with the Federal Aviation Administration (FAA). The applicant shall comply with all applicable FAA requirements. Evidence of said compliance shall be submitted at the time of the application. The applicant shall also submit a proposed WECS tower lighting plan that describes any lighting which may be required by the FAA, including the planned number and location of lights, light color, whether any such lights will be flashing and mitigation measures to control the impact of lighting on neighboring properties. Flashing lights shall be synchronized to flash simultaneously and the mitigation measures set forth in the proposed WECS tower lighting plan shall describe remediation measures to address synchronization and other failures, including a requirement that the owner and operator investigate all complaints within 30 days of receipt and resolve the same within an additional 30 days.

14.6-7

Warnings.

a.

A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

b.

Each WECS shall have posted on the site in a visible, easily accessible location two signs no more than four square feet in area displaying an address and telephone number for emergency calls. The emergency telephone number shall allow a caller to contact a responsible individual on the part of the owner or operator to address emergencies at any time, including during or after regular business hours and on weekends or holidays.

c.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground. Notwithstanding the foregoing, all WECS towers shall be self-supporting, and no guy wire supported WECS towers shall be permitted.

14.6-8

Climb prevention. All WECS towers must be unclimbable by design or protected by anti-climbing devices including, but not limited to:

a.

Fences with locking portals at least six feet high; or

b.

Anti-climbing devices 12 feet vertically from the base of the WECS tower.

14.6-9

Setbacks.

a.

All WECS towers shall be set back a distance of at least 1¼ miles from any primary structure. The distance shall be measured from the point of the primary structure foundation closest to the WECS tower to the center of the WECS tower foundation. The owner of the primary structure may waive this setback requirement, without the applicant seeking a variance from the village, but in no case shall a WECS tower be located closer to a primary structure than 3.0 times the WECS tower tip height.

b.

All WECS towers shall be set back a distance of at least 3.0 times the WECS tower tip height from public roads, public rights of way, railroads, third-party transmission lines, and communication towers.

c.

All WECS towers shall be set back a distance of at least 3.0 times the WECS tower tip height from adjacent property lines not part of the WECS project. The affected adjacent property owner may waive this setback requirement without the applicant seeking a variance from the village.

d.

Upon request, the village may grant a variance from the setback requirements hereunder where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, that such variance will not be contrary to the public interest and written consent from the affected property owner has been obtained. Any variance from any of the above setbacks shall run with the land and be recorded at the cost of the applicant as part of the chain of title of the property of the affected property owner.

14.6-10

Compliance with additional regulations. Nothing in this ordinance is intended to preempt other applicable county, state or federal laws and regulations.

14.6-11

Use of public roads.

a.

An applicant, owner, or operator proposing to use any village roads for the purpose of transporting WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS or substation, shall identify all such public roads and obtain applicable weight and size permits from relevant government agencies prior to construction.

b.

The applicant, owner, or operator shall cause to be conducted a pre-construction transportation impact study acceptable to the village to determine existing road conditions for assessing potential future damage. The study shall identify roads to be used for transport of WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS or substation, the types and weights of loads to be transported, and the types of vehicles which are to be utilized. The study shall also include an estimate of the cost and description of work required to upgrade roads, bridges, and other structures to allow transport of over-weight loads. The owner shall, at its sole cost and expense, and in a timely fashion (no less than six months from completion of construction of the WECS or substation), return roads, bridges, and other structures traveled over during the course of construction, maintenance or decommissioning of the WECS or substation to pre-construction condition or better in accordance with Illinois Department of Transportation standards for the particular class of roadway promptly upon completion of such construction, maintenance or decommissioning of the WECS project or earlier if the village determines that damage exists that may be injurious to property or to the public. All such work shall be guaranteed to the village, in form satisfactory to the village, for a period of not less than one year following completion. The owner shall secure financial assurance, and provide evidence of the same in the application, in a sufficient amount for the purpose of repairing any anticipated or actual damage to village roads or other public roads within 1½ miles of the village (including storm sewers, bridges and culverts) caused by constructing, operating, maintaining or decommissioning of the WECS or substation. The village reserves the right to determine performance adequacy and the adequacy of financial assurance.

14.6-12

Drainage systems. The applicant shall cause to be conducted a pre-construction impact study acceptable to the village to determine the existing condition of both the public drainage systems and private agricultural drainage systems for assessing potential future damage. The owner shall be responsible for repairing, in a timely fashion (no less than six months from occurrence of any damage), any damage caused to the public drainage systems or private agricultural drainage systems by the construction, operation, maintenance or decommissioning of the WECS. The owner shall secure financial assurance, and provide evidence of the same in the application, in a sufficient amount for the purpose of repairing any anticipated or actual damage to said drainage systems. The village reserves the right to determine performance adequacy and the adequacy of financial assurance.

14.6-13

Height. The maximum WECS tip tower height shall not exceed 450 feet.

(Ord. No. 02-6-12, § 1(exh. B, § 14.6), 2-6-2012)

14.7-1

Maintenance.

a.

The owner and operator shall operate, repair, maintain and replace the WECS as needed to keep the WECS in good repair and operating condition and in a manner that protects individuals from harm. The owner shall secure financial assurance, and provide evidence of the same in the application, in a sufficient amount for the purpose of providing for anticipated repairs, maintenance and replacements of the WECS. The village reserves the right to determine performance adequacy and the adequacy of financial assurance.

b.

The owner or operator of the WECS must submit, on an annual basis, a summary of the operation and maintenance reports to the village. In addition to the above annual summary, the owner or operator must furnish such operation and maintenance reports as the village reasonably requests.

c.

Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under this article. Like-kind replacements shall not require re-certification. Prior to making any physical modification (other than like-kind replacements) the owner or operator shall confer with the village and a third-party certifying entity identified in this article to determine whether the physical modification requires re-certification.

14.7-2

Interference.

a.

The WECS shall be sited and operated so that there is no interference with microwave transmissions, the communications of local emergency service providers, or any television, telephone (cellular or digital), paging, internet, satellite dish, broadcast radio frequency or other residential or commercial communication modes. The owner and operator shall be responsible for the full cost of any remediation necessary to provide equivalent alternate service or correct any problems.

b.

The applicant shall provide the applicable microwave transmission providers and local emergency service providers (e.g., 911 operators) copies of the project summary and site plan, as set forth in this article. The applicant shall provide evidence that any potential interference has been resolved to the satisfaction of the providers. If, after construction of the WECS, the owner or operator receives a written complaint related to the above-mentioned interference, the owner or operator shall take reasonable steps to resolve the complaint and any problems. In connection therewith, the owner and operator shall investigate all complaints within 30 days of receipt and resolve the same within an additional 30 days. The owner and operator shall provide the village written notice regarding the same.

c.

If, after construction of the WECS, the owner or operator receives a written complaint related to interferences with any television, telephone (cellular or digital), paging, internet, satellite dish, broadcast radio frequency or other residential or commercial communication modes, the owner or operator shall take reasonable steps to resolve the complaint and any problems. In connection therewith, the owner and operator shall investigate all complaints within 30 days of receipt and resolve the same within an additional 30 days. The owner and operator shall provide the village written notice regarding the same.

14.7-3

Coordination with local fire departments.

a.

The applicant, owner or operator shall submit to the local fire department a copy of the project summary and site plan.

b.

Upon request by the local fire department, the owner or operator shall cooperate with the fire department to develop the fire department's emergency response plan.

c.

The village may require payment by the owner for any special tools, equipment or training that is necessary for a fire department emergency response.

d.

The applicant shall provide the village evidence that the matters described in subsections [14.7-3]a through c [of this section] have been disclosed to and addressed with the fire department.

e.

Nothing in this subsection shall alleviate the need to comply with all other applicable fire laws and regulations or any other requirements of the local fire department.

14.7-4.

Materials, handling, storage and disposal.

a.

It shall be the responsibility of the owner and operator to remove from the site promptly all solid wastes related to the construction, operation, maintenance and decommissioning of the WECS and to dispose of the same in accordance with all applicable local, state and federal laws.

b.

It shall be the responsibility of the owner and operator to handle, store, transport and dispose of all hazardous materials related to the construction, operation, maintenance and decommissioning of the WECS in accordance with all applicable local, state and federal laws.

14.7-5

Emergency situations. The owner and operator shall be required to immediately cease operations for the duration of any emergency. An emergency shall mean a proven condition or situation caused by the WECS or by other conditions that present an imminent physical threat of danger to life or significant threat of damage to property. A WECS that is found to present an emergency shall be immediately shut down and repaired or otherwise made safe and certified as such by a professional engineer (acceptable to the village) prior to resumption of operation. The village may access the WECS to verify conditions and/or repair progress. Within 24 hours of the occurrence of an emergency, including any WECS tower collapse, turbine failure, property damage, fire, thrown blade or hub, collector or feeder line failure, injured WECS worker or private person, the owner or operator shall notify the village of such occurrence and proposed remedial action. Remedial action may include, but shall not be limited to, the posting of financial assurance satisfactory to the village for the purpose of responding to future emergencies.

(Ord. No. 02-6-12, § 1(exh. B, § 14.7), 2-6-2012)

14.8-1

Noise levels.

a.

The applicant and the owner, as applicable, shall have a third-party, qualified professional approved by the village conduct both pre-construction and post-construction studies to analyze and report on the noise impacts of the WECS and WECS project to nearby properties. The applicant shall submit the pre-construction study (based on computer modeling in accordance with best available practices) as part of the application process for the conditional use permit. The owner shall submit the post-construction study (based on actual sound measurements) to the village within 90 days of completion of construction and commencement of operations. All sound measurements shall be conducted at the cost and expense of the applicant. All noise studies shall be performed in compliance with applicable portions of ANSI S12.9 American National Standard Quantities and Procedures for Description and Measurement of Environmental Sound and of the Illinois Pollution Control Board regulations or any replacements or substitutions thereof.

b.

The sound level generated by a WECS shall comply with all Illinois Pollution Control Board noise regulations; provided that, in no event shall the noise level exceed the following:

(i)

Where any primary structure existed at the time of the application, no WECS shall operate with the average A-weighted sound level more than five dB(A) above the nonoperational ambient level, as measured within 100 feet of any primary structure located on a nonparticipating property; and

(ii)

To limit the level of low-frequency sound, the average C-weighted sound level during operation of any WECS shall not exceed the A-weighted ambient sound level by more than 20 dB.

c.

Upon receipt of a complaint regarding a violation of the noise standards in [subsection 14.8-1]b [of this section], the owner shall test for compliance with such standards using a third-party, qualified professional approved by the village. The owner and operator shall be responsible for the costs of such third-party review. In the event testing shows that the WECS is in violation of the applicable noise standards, the owner shall resolve such problems on a case-by-case basis within 30 days of the receipt of the test results, including, if necessary, by operational curtailment. The village may also require operational curtailment during the pendency of said 30-day period to reduce the impact of the violation of the applicable noise standards on the complaining party. Further, upon violation of the applicable noise standards, the village may require the owner to install monitoring equipment capable of maintaining a constant sound record.

d.

In the event audible noise due to WECS operations contains a steady pure tone, such as a whine, whistle, screech, or hum, or is otherwise producing noise outside of that typically produced under normal operating conditions, the owner and operator shall promptly take corrective action to permanently eliminate the noise. Operational curtailment shall be used until the owner permanently eliminates the noise. This subsection does not apply to noise the WECS produces under normal operating conditions.

14.8-2

Shadow flicker and blade glint.

a.

The WECS shall be designed and sited in such a manner as to limit shadow flicker and blade glint as required under subsection [14.8-2]b [of this section]. The applicant, through the use shadow flicker and blade glint computer modeling prepared by a third-party, qualified professional approved by the village, as part of the conditional use permit application approval process and as part of a post-construction shadow flicker and blade glint study, shall appropriately demonstrate compliance with such requirements. The analysis shall identify the locations of shadow flicker and blade glint that may be caused by the WECS and the expected durations of the shadow flicker and blade glint at these locations from sunrise to sunset over the course of a year.

b.

The property of any non-participating landowner shall not be subject to any shadow flicker or blade glint longer than five hours per year. Notwithstanding the foregoing, with respect to primary structures and occupied structures located on the property of any non-participating landowner and also with respect to any public roadway, such property shall not be subject to any shadow flicker or blade glint. Following construction of the WECS, in the event shadow flicker or blade glint affects any property in excess of the limitations set forth above, the owner and operator shall use reasonable efforts to remedy the problem on a case-by-case basis by undertaking measures such as operational curtailment It shall be the responsibility of the owner and operator to modify operations to also eliminate shadow flicker as required herein on structures constructed and occupied after installation of the WECS, including measures such as trees and/or vegetation plantings, awning installation or operational curtailment.

c.

The owner may show compliance with this subsection by obtaining a written easement or other written agreement from the affected property owner which specifically allows shadow flicker and blade glint to cross an occupied structure or exist for durations in excess of those set forth herein. Before entering into such an easement or other written agreement, the owner shall provide notice of the requirements of this subsection to the affected property owner. The easement or other written agreement shall run with the land and be recorded at the cost and expense of the owner as part of the chain of title of the affected property.

14.8-3

Ice throw. The potential ice throw or ice shedding for the proposed WECS shall not cross the property lines of the site in question nor impinge on any roadway, public right-of-way or utility line. Compliance shall be demonstrated in the permit application, but the demonstration of compliance in the permit application shall in no way limit the requirement of the owner to comply with this subsection under all atmospheric conditions for the life of the WECS.

14.8-4

Stray voltage. The owner and operator shall minimize to the maximum practical extent possible the impact of any stray voltage caused by the operation of the WECS and the WECS project.

(Ord. No. 02-6-12, § 1(exh. B, § 14.8), 2-6-2012)

A qualified professional, such as an ornithologist or wildlife biologist, shall conduct an avian habitat study, as part of the conditional use permit application approval process, to determine if the installation of the WECS will have a substantial adverse impact on birds and bats. The applicant must take reasonable action to mitigate any adverse impacts on habitat or migration. Consultation with the Illinois Department of Natural Resources as required pursuant to 17 Ill. Admin. Code 1075 shall be included by any applicant. The burden to conduct such consultations shall be upon the applicant and shall be reviewed by the village. The village shall weigh the recommendations of the Illinois Department of Natural Resources, if any, but shall not be bound by them and the village shall exercise independent judgment on the acceptance or rejection of such recommendations, unless such recommendations are required by law to be implemented.

(Ord. No. 02-6-12, § 1(exh. B, § 14.9), 2-6-2012)

Nothing in this article is meant to augment or diminish existing opportunities for public participation.

(Ord. No. 02-6-12, § 1(exh. B, § 14.10), 2-6-2012)

14.[1]1-1

Commencing with the issuance of construction permits, the owner and operator of the WECS shall maintain a current broad form general liability policy covering death, bodily injury and property damage with limits of at least $5,000,000.00 per occurrence and $15,000,000.00 in the aggregate. The village shall be named as an additional insured on the policy. Certificates of insurance coverage evidencing compliance with these requirements shall be provided upon request of the village. The insurer shall provide notice to the village not less than ten days prior to any lapse of coverage and no later than ten days following any cancellation of coverage. The applicant shall provide evidence to the village of the owner's and operator's ability to satisfy the requirements of this subsection.

14.[1]1-2

In addition to the indemnification described below, the owner shall reimburse the village its reasonable attorney's and expert's fees and court costs incurred in defending any legal actions in respect of such owner's WECS brought by third parties challenging the legality or enforceability of this article or any portion thereof or the issuance of the conditional use permit by the village pursuant to this article. If the village seeks reimbursement, it shall notify the owner in writing upon discovering any claim entitling it to reimbursement.

14.[1]1-3

Applicant, owner and operator shall defend, indemnify and hold harmless the village, and their officials, employees and agents from and against any and all claim, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees and court costs arising out of applicant's, owner's, or operator's selections, construction, operation and removal of the WECS and affiliated equipment including, without limitation, liability for property damages or personal injury (including death), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence). This general indemnification shall not be construed as limiting or qualifying the village's other indemnification rights available under the law.

(Ord. No. 02-6-12, § 1(exh. B, § 14.11), 2-6-2012)

Prior to receiving permit approval under this article, the village and the applicant, owner, and/or operator shall formulate a decommissioning plan to ensure that the WECS project and, as applicable, any individual WECS tower, is properly decommissioned. The decommissioning plan shall include:

a.

Provisions describing the triggering events for decommissioning the WECS project and each individual WECS tower, which shall at a minimum provide that the WECS project or any individual WECS tower shall be decommissioned if it has not been operated for a continuous period of six months, unless an extension is granted by the village. For purposes of this subsection, nonoperating shall be deemed to include, but not be limited to, the rotor blades of the WECS remaining stationary so that wind resources are not being converted into electric or mechanical energy or the WECS project or individual WECS tower is no longer connected to the public utility electricity distribution system;

b.

Provisions for the removal of structures, debris and cabling, including those below the soil surface;

c.

Provisions for the restoration of soil and vegetation;

d.

An estimate of the decommissioning costs certified by a professional engineer acceptable to the village, including the factors upon which such estimate was determined, and the method for ensuring that sufficient funds will be available to pay such costs;

e.

Financial assurance, acceptable to the village, secured by the owner or operator, for the purpose of adequately performing decommissioning, in an amount equal to the professional engineer's certified estimate of the decommissioning costs. The village may review such financial assurance on an annual basis to assure that adequate monies shall be available to perform decommissioning;

f.

Identification of and procedures for village to access the financial assurances;

g.

A provision that the terms of the decommissioning plan shall be binding upon the owner and operator and any of their successors, assigns, or heirs; and

h.

A provision that the village shall have access to the site, pursuant to reasonable notice, to effect or complete decommissioning.

To the extent that the financial assurance is not sufficient to pay the village's costs of decommissioning, the owner and operator shall be responsible for any deficiency, which shall be paid to the village upon demand.

(Ord. No. 02-6-12, § 1(exh. B, § 14.12), 2-6-2012)

To protect the values of real estate owned by nonparticipating landowners from reduction due to location proximity to any WECS, the applicant and owner shall guarantee the property values of all real estate located within two miles of any WECS tower or substation as hereafter set forth. For each such property, the applicant and the non-participating landowner shall each select an independent Illinois licensed appraiser to perform the required certified appraisals. Each appraiser shall determine; the fair market value of the real property and any improvements located thereon assuming no WECS is proposed for construction; and the fair market value of the real property and any improvements located thereon assuming the WECS as proposed is constructed. To the extent, if any, that there is a change in fair market value caused by location proximity to the WECS, the amount of the change shall be referred to as the "change in value." If the change in value set forth in the two appraisals is within ten percent of each other, then they shall be averaged together and, to the extent the averaged change in value shows a reduction in fair market value, the applicant and owner shall promptly pay the amount of the reduction to the non-participating landowner. If the change in value set forth in the two appraisals are not within ten percent of each other, then the two appraisers shall select a third independent Illinois-licensed appraiser who shall prepare and present his own appraisal of the real property and any improvements located thereon determined as set forth above. The parties agree that the appraisal of the third appraiser shall be binding as to the determination of change in value. To the extent, if any, that the change in value of the third appraiser shows a reduction in fair market value, the applicant and owner shall promptly pay the amount of the reduction to the non-participating landowner. All appraisals shall be completed at the cost of the applicant and owner prior to the village's approval of the conditional use permit and payment made within six months of the issuance of the conditional use permit.

(Ord. No. 02-6-12, § 1(exh. B, § 14.13), 2-6-2012)

14.[1]4-1

The applicant shall develop a procedure to resolve complaints that arise from non-participating landowners during the construction and operation of the WECS and WECS project. The procedure shall include the time limits for acting on any complaints, which shall be not less than the time limits hereafter set forth, and shall also include the identity, phone number, and other contact information for the responsible person for the public to contact with inquiries and complaints. The procedure shall also include a requirement that the owner or operator shall notify the village in writing of all complaints and describe the owner's response thereto. The procedure shall be submitted to and reviewed by the village as part of the conditional use permit application process.

14.[1]4-2

All complaints shall be made first to the owner pursuant to the complaint resolution procedure developed by the applicant and approved by the village. A complainant may petition the village for a review of any complaint that is not resolved within 30 days of the day the owner receives the original complaint. The village shall conduct a hearing on the complaint after reasonable notice to both the owner and the complainant and allowing each an opportunity to be heard and provide relevant evidence. The owner shall pay for any third-party professional fees required by the village to evaluate the complaint and the owner's proposed response. The village's decision on the complaint shall be in writing and enforceable upon both the owner and the complainant

14.[1]4-3

The owner shall use reasonable efforts to resolve complaints and shall investigate complaints at the owner's expense. The owner shall provide an initial response within 30 days of receiving a complaint. The owner shall make a good faith effort to resolve complaints within an additional 30 days. The owner shall notify the village of complaints that have not been resolved within 45 days of the date the owner received the original complaint.

(Ord. No. 02-6-12, § 1(exh. B, § 14.14), 2-6-2012)

14.[1]5-1

The applicant's, owner's, or operator's failure to comply with any of the provisions of this article shall constitute a violation of this article. The village shall provide the applicant, owner or operator, as applicable, with notice of the violation by letter deposited in the United States mail with postage prepaid, certified mail, return receipt requested. Notice shall be deemed to have been given on the third business day after said notice is deposited.

14.[1]5-2

Any violation of this article shall be an offense punishable by a fine not to exceed $750.00. Each day a violation goes uncorrected after the applicant, owner or operator, as applicable, is put on notice of the violation shall constitute a separate offense. Material violations of this article may also subject the WECS and WECS project to decommissioning pursuant to article 16, section 16.3-3.

14.[1]5-3

If the village takes action to enforce the provisions of this article 14 against the applicant, owner or operator, said applicant, owner or operator shall be responsible for all reasonable attorney's fees, expert's fees and costs and expenses.

(Ord. No. 02-6-12, § 1(exh. B, § 14.15), 2-6-2012)

To accomplish the purposes of this article, the village, its officials, agents, and employees shall have the right to enter upon any land upon which a WECS or substation is situated and perform such inspections and investigations as the village deems appropriate upon reasonable notice to the operator and/or owner, as appropriate.

(Ord. No. 02-6-12, § 1(exh. B, § 14.14), 2-6-2012)