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.
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.
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.
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.
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.
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.
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.
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.
[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.
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.