This article shall govern and control the conditional use permit process and procedure for wind energy conversion systems, as described in article 14 of the village's zoning ordinance, and small energy conversion systems, as described in article 15 of the village's zoning ordinance. Notwithstanding anything to the contrary set forth in the village's zoning ordinance, WECS and SWES shall be considered conditional uses under article 9 [of this ordinance] thereof, as permitted in accordance with this article. Defined terms not otherwise defined in this article shall have the meaning assigned to them in article 14 of the village's zoning ordinance.

(Ord. No. 02-6-12, § 2(exh. B, § 16.1), 2-6-2012)

16.2-1

The village board of trustees shall initially consider the application for conditional use permit following the proper submittal of the application.

16.2-2

If the village board of trustees finds that all conditions have been satisfactorily met by the applicant, it shall tentatively approve the application and forward such application to the planning commission for a public hearing on the application and proposed WECS project or SWES pursuant to the conditional use permit process and procedure set forth in article 9 of the village's zoning ordinance, as modified by this article. The planning commission shall publish a notice for the hearing in a newspaper of general circulation in the village not less than 30 days prior to the public hearing.

16.2-3

The planning commission shall hold the public hearing and review the application at the hearing in accordance with the standards for decisions and recommendations set forth in article 9 of the village's zoning ordinance. After the public hearing, the planning commission shall make a report and a recommendation to the village board of trustees that the application be approved, denied, or approved with conditions. The planning commission shall transmit the report to the village board of trustees in advance of the next regularly scheduled meeting of the village board of trustees.

16.2-4

Upon receipt of the planning commission's report, the village board of trustees shall consider the application at its next regularly scheduled meeting. The village board of trustees may deny or approve the planning commission's recommendation or approve the recommendation with conditions. The village board of trustees may also refer the application back to the planning commission for further study before making its final decision.

(Ord. No. 02-6-12, § 2(exh. B, § 16.2), 2-6-2012)

16.3-1

The conditional use permit shall become effective upon approval by the village board of trustees.

16.3-2

Unless otherwise stated in the conditions of the conditional use permit or by later extension granted by the village board of trustees, substantial construction work on the WECS project or SWES shall commence within 12 months of the effective date of the conditional use permit and construction shall be completed within 18 months from the commencement of construction. If no extension of time is granted, the conditional use permit shall automatically terminate upon expiration of said 12-month period.

16.3-3

Upon a finding of material violation of the terms of the conditional use permit, the village board of trustees shall have the authority to revoke the conditional use permit after not less than 30 days' prior written notice to the applicant, owner and operator and affording the same an opportunity to be heard. An unresolved material violation of the terms of the conditional use permit may result in the required decommissioning of the WECS, WECS project or SWES.

(Ord. No. 02-6-12, § 2(exh. B, § 16.3), 2-6-2012)

Passed by the board of trustees of the Village of Walnut and approved by the village president this sixth day of May 1968.

ATTEST:

/s/Keith I. Yonk

Village Clerk

/s/J. K. Keleher

Village President,

Village of Walnut