It is the purpose of this [article] to:

a.

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

b.

Promote the preservation of the rural character and aesthetics of the village.

c.

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

d.

Ensure that any structures used in the development and production of wind-generated electricity in the village for personal or commercial use and within the 1.5-mile radius surrounding its corporate boundaries are safe and effective.

e.

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, damage to roads during construction, and interference with various modes of communication.

f.

This ordinance shall apply only to devices that together convert wind energy into electricity with a rated capacity of not 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 and the jurisdiction of the village.

(Ord. No. 02-6-12, § 2(exh. B, § 15.1), 2-6-2012)

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

a.

Owner means the owner of the SWES, including the respective successors and assigns of the owner.

b.

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

c.

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. 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.

d.

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.

e.

Small wind energy system (SWES) means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kilowatts.

f.

Tower height means the height above grade of the fixed portion of the SWES tower, excluding the wind turbine itself.

g.

Village means the Village of Walnut, Illinois.

h.

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 SWES shall be disbursed from this account.

(Ord. No. 02-6-12, § 2(exh. B, § 15.2), 2-6-2012)

This article governs the permitted use of SWES and shall apply only to devices that together convert wind energy into electricity with a rated capacity of 100 kilowatts or less. All other devices shall be governed by article 14 of the village zoning ordinance.

(Ord. No. 02-6-12, § 2(exh. B, § 15.3), 2-6-2012)

No SWES governed by this article shall be constructed, erected, installed, or located within the village. No SWES governed by this article shall be constructed, erected, installed, or located between the corporate boundary of the village and 1½ miles of the corporate boundary of the village unless prior approval has been obtained.

(Ord. No. 02-6-12, § 2(exh. B, § 15.4), 2-6-2012)

SWES shall be a conditional use subject to the requirements set forth below; provided, that the SWES shall only be used primarily for non-commercial purposes:

a.

Tower height. For properties of less than one acre, the tower height shall not exceed 50 feet. For properties of between one acre and two acres, the tower height shall not exceed 65 feet. For all other properties, the tower height shall not exceed 100 feet. Notwithstanding the foregoing, the tower height shall not exceed any limitation imposed by the Federal Aviation Administration. The minimum distance between any protruding blades utilized on the SWES and the ground shall be 15 feet as measured at the lowest point of the arc of the blades.

b.

Setback. No part of the SWES, including guy wire anchors, may extend closer than 30 feet to the property boundaries of the installation site. Further, the SWES tower shall be located no less than 1.5 times the tower height from all adjoining properties.

c.

Noise. The sound level generated by a SWES shall comply with all Illinois Pollution Control Board noise regulations; provided that, in no event shall the noise level exceed the following: 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 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. Noise level, however, may be exceeded during short-term events such as utility outages or severe wind storms.

d.

Appearance. The SWES shall be painted white or gray or another non-reflective, unobtrusive color. No SWES shall have any flags, streamers, banners or other decorative items.

e.

Approved wind turbines. The SWES must have been approved under the emerging technologies program of the California Energy Commission or any other small wind certification program recognized by the American Wind Energy Association and shall contain both mechanical and manual safety features to render the SWES inoperable when winds are blowing in excess of the speeds for which the system is designed.

f.

Compliance with Uniform Building Code. The application for SWES shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, footings and guy cables, certified by a professional engineer as complying with the most recent version of the International Building Code. This certification may be supplied by the SWES manufacturer.

g.

Compliance with National Electric[al] Code. The application for the SWES shall be accompanied by a line drawing of the electrical components of the SWES, certified by a Professional engineer as complying with the most recent version of the National Electrical Code. This certification may be supplied by the SWES manufacturer.

h.

Sales of excess power and utility notification. The SWES shall not be constructed solely for the sale of the electricity generated. Excess electricity generated by the SWES may be sold to a utility company; provided, that the SWES in question is already providing all of the electricity needs for the private property on which it is located. No SWES shall be permitted until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator and that the SWES shall be constructed and connected in accordance with the requirements of the utility company. Off-grid SWES shall be exempt from this requirement.

i.

Radio and television signals. The SWES shall not cause any radio, television, microwave or navigation interference. If a signal disturbance problem is identified, the owner shall correct the problem within 30 days of notification of the problem.

j.

Removal. When the SWES reaches the end of its useful life and can no longer function, the owner shall remove the system within 30 days of the day on which the system last functioned.

k.

Additional expense. When, in the opinion of the village, third-party reviews, tests, inspection, or engineering reviews, tests, or inspections by the village engineer or third-party engineering firms is required to determine or verify compliance with the adopted codes of the village or applicable county, state or federal laws and regulations, such additional costs shall be paid by the applicant separate and apart from the application fee.

l.

Shadow flicker. The SWES shall comply, in all respects, with the shadow flicker requirements set forth in section 14.8-2 of article 14.

(Ord. No. 02-6-12, § 2(exh. B, § 15.5), 2-6-2012)

15.6-1

Siting approval for SWES 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 owner 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.

15.6-2

To assist in the incidental costs of the application process, the owner shall be required to pay a nonrefundable application fee of $1,000.00 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 or third-party engineering firms is required to determine or verify compliance with this and other adopted codes of the village, county, state or federal governments, those additional costs shall be paid by the owner separate and apart from the application fee.

15.6-3

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

a.

The name, address, and phone number of the owner;

b.

A general description of the SWES, including its approximate generating capacity; the potential equipment manufacturer, and type and generating capacity of the SWES; tower Height and maximum diameter of the SWES rotors; and the site plan for the SWES showing the planned location of the SWES, guy lines and anchor bases (if any), primary structure, property lines (including identification of adjoining properties), setback lines, ancillary equipment, transmission lines, layout of all structures within the geographical boundaries of any applicable setback, and means of interconnecting with the electrical grid (if any);

c.

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

d.

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

e.

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 the village's zoning ordinance. The owner shall notify the village of any changes to the information provided occurring while the application is pending. Any material deviation between the specifications of the application and the actual construction are a violation of this article 15.

(Ord. No. 02-6-12, § 2(exh. B, § 15.6), 2-6-2012)

15.7-1

The owner shall develop a procedure to resolve complaints that arise from non-participating landowners during the construction and operation of the SWES. 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 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.

15.7-2

All complaints shall be made first to the owner pursuant to the complaint resolution procedure developed by the owner 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.

15.7-3

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, § 2(exh. B, § 15.7), 2-6-2012)

15.8-1

The owner's failure to comply with any of the provisions of this article shall constitute a violation of this article. The village shall provide the owner 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.

15.8-2

Any violation of this article 15 shall be an offense punishable by a fine not to exceed $750.00. Each day a violation goes uncorrected after the owner is put on notice of the violation shall constitute a separate offense. Material violations of this article 15 may also subject the SWES to removal pursuant to article 16, section 16.3-3.

15.8-3

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

(Ord. No. 02-6-12, § 2(exh. B, § 15.1), 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 an SWES is situated and perform such inspections and investigations as the village deems appropriate upon reasonable notice to the owner.

(Ord. No. 02-6-12, § 2(exh. B, § 15.9), 2-6-2012)