Warrensburg City Zoning Code
ARTICLE XXIII
Wind Energy Conversion Systems WECS
[Added 6-16-2008 by Ord. No. 633]
§ 980-112 Purpose.
Wind energy is a growing source of sustainable energy that can help reduce dependence on fossil fuels and, given the frequent high wind speeds and flat prairie lands, Central Illinois has been identified as a prime area for harnessing wind energy. Warrensburg recognizes the importance and global significance of renewable, sustainable energy sources and wind-power technology, but also strives to protect property values and community character by adopting plans and regulating ordinances.
§ 980-113 Definitions.
The following terms and phrases are hereby defined and shall be interpreted as such throughout this article:
SMALL WIND ENERGY CONVERSION SYSTEM
A wind energy conversion system limited to generation of not more than 20 kW consisting of a wind turbine, a tower and associated control or conversion electronics.
SYSTEM HEIGHT
With regard to a wind energy conversion system, the tower height plus the blade length.
TOWER HEIGHT
With regard to a wind energy conversion system, the height above grade of the fixed portion of the tower, excluding the wind turbine itself.
TURBINE
The parts of the wind energy conversion system including the blades, generator and tail.
WIND ENERGY CONVERSION SYSTEM (WECS)
A device that converts that kinetic energy of the wind, by the use of a set of rotating blades, and which is usually elevated from ground level on a tower, into electrical or mechanical power.
WIND ENERGY TOWER
With regard to a wind energy conversion system, the structure on which the wind system is mounted.
§ 980-114 Special use permit required.
The installation, erection or use of a wind energy conversion system, wind turbines or associated towers for wind energy conversion shall require a special use permit. All WECS that receive a special use permit shall be subject to all of the provisions of this chapter.
§ 980-115 Application for permit.
In addition to the information required for any special use permit, the application shall include the following:
A.
Evidence that the proposed tower height and system height do not exceed the height recommended by the manufacturer or distributor of the system.
B.
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electrical Code.
C.
Sufficient information demonstrating the system will be used primarily to reduce on-site consumption of electricity.
D.
Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid.
E.
A visual analysis of the WECS as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project intended to lessen the system's visual prominence.
F.
The applicant shall provide the Village proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by the Village in consultation with the Village's Attorney, to cover damage or injury which might result from the failure of a tower, blade or any other part of the system.
§ 980-116 Additional considerations.
In addition to general conditions that apply to any special use request, the following shall also be applied and considered:
A.
The height of the system relative to the size of the parcel on which the system is proposed to be located.
B.
The need for the proposed height of the system in order to allow the system to operate effectively.
C.
The visual impact of the system on adjacent properties and the general area in which the system is proposed to be located.
D.
The building density of the general area in which the system is proposed to be located.
E.
Whether a substantial adverse effect on public safety will result from the height of the system or some other aspect of the system's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant.
F.
The existing uses on adjacent and nearby properties.
§ 980-117 Standards.
All WECS shall adhere to the following standards:
A.
No habitable structure or outdoor area where people congregate shall be within a fall zone of two times the system height used in the WECS.
B.
The lowest portion of the blade shall not be closer than 15 feet to the ground.
C.
The system's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and the components into the surrounding landscape to the greatest extent possible and incorporates nonreflective surfaces to minimize any visual disruption.
D.
The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas (e.g., public parks, roads, trails).
E.
Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.
F.
All on-site electrical wires associated with the system shall be installed underground, except for connections to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the Village if the project terrain is determined to be unsuitable due to reasons of excessive grading, ecological impacts or similar factors.
G.
The system shall be operated such that no disruptive electromagnetic interference is caused, nor can there be any interference to radio reception or television reception on any property. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
H.
At least one sign, a minimum of one foot square and not larger than two square feet in size, shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except the system or tower manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner. In addition, the owner's name and address shall be printed thereon.
I.
Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
(1)
Tower-climbing apparatus located no closer than 12 feet to the ground.
(2)
A locked anti-climb device installed on the tower.
(3)
A locked, protective fence at least six feet in height enclosing the tower.
J.
Anchor points for any guy wires for a system tower shall be located within the property on which the system is located and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three feet to eight feet above the ground.
K.
Construction of on-site access roadways shall be minimized. Temporary access roads utilized for initial installation shall be regraded and revegetated to the preexisting natural condition upon completion of installation, and before the WECS is put into operation.
L.
To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a 250-foot radius. Modification of this standard may be made when the applicant demonstrates a lower height will not jeopardize the safety of the wind turbine structure.
M.
All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the International Building Code and National Electrical Code.
N.
All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of the rotor and over-speed control design and fabrication shall meet good engineering practices and be certified by the manufacturer.
O.
Noise levels shall be regulated by the Illinois Pollution Control Agency rules and regulations, and the applicant shall certify that applicant's facility is in compliance with the same.
P.
All WECS shall meet all applicable state and federal safety standards and, where applicable, all federal aviation requirements.
Q.
The general height limitations for a zoning district shall not apply to any WECS.
§ 980-118 Removal.
When a system reaches the end of its useful life and can no longer function, the owner of the system shall remove the system within 120 days of the day on which the system last functioned. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal. The "owner" shall mean the owner of the property upon which the WECS is located.
§ 980-119 Operating condition.
All WECS shall be maintained in good and operable condition. A WECS that is not functional shall be repaired by the owner or removed. In the event the Village becomes aware of any system that is not operated for a continuous period of three months, the Village will notify the landowner by registered mail and provide 45 days for a written response. The written response shall include reasons for the operational difficulty, the corrective actions to be performed, and a reasonable timetable for completing the corrective actions. If the Village deems the corrective actions or the timetable for completing corrective actions as unfeasible or unreasonable, the Village shall notify the landowner and such landowner shall remove the turbine within 120 days of receiving said notice.
§ 980-120 Engineer certification; fee.
[Amended 6-7-2021 by Ord. No. 764]
The Village shall require a certification, by a professional engineer qualified to give such certification, stating the WECS complies with all provisions of this chapter and all applicable state and federal laws. The owner of the property upon which each WECS is located shall pay an annual fee as set from time to time by the Village Board.
§ 980-121 Ownership changes.
If the ownership of a wind energy conversion system operating under a special use permit changes, the special use permit shall remain in force. All conditions of the special use permit, including bonding, insurance, letters of credit, or continuing certification requirements of the original owner will continue to be obligations of succeeding owners. However, the change in ownership shall be registered with the Village Administrative Clerk, and the sign required under § 980-117H shall be changed accordingly.