This article is adopted pursuant to the powers granted and limitations
imposed by the Constitution and laws of the state, including the statutory
authority granted in 65 ILCS 5/11 13 26. Unless otherwise expressly
stated herein, the provisions of this subchapter apply to all property
within the City's zoning jurisdiction, and within the unincorporated
1 1/2 mile radius surrounding the City's zoning jurisdiction.
Should any provision contained in this article conflict with any provision
contained elsewhere in the City's zoning ordinance or City Code,
the provisions in this article shall control as to the regulation
of wind energy systems.
To the extent any definition contained in this article conflicts
with any definition or term contained elsewhere in the City's
zoning ordinance or City Code, the definition in this article shall
control as to the regulation of wind energy systems. For the purpose
of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ABANDONED
Any wind energy system that has not been repaired to operational
condition within 90 days after falling out of operational condition.
AMBIENT SOUND
The all-encompassing sound at a given location, usually a
composite of sounds from many sources near and far. For the purpose
of this chapter, the ambient sound level shall mean the quiescent
background level, that is, the quietest of ten-second average sound
levels measured when there are no nearby or distinctly audible sound
sources (e.g., dogs, cars in line-of-site, or jets). Daytime ambient
measurements should be made during mid-morning, weekday hours while
nighttime measurements should be made after midnight
APPLICANT
The owner, who is in the process of submitting or has submitted
an application to install a small wind energy system (SWES) project
in the City.
DAYTIME HOURS
The hours of the day from 7:00 a.m. to 10:00 p.m., local
time.
DIAMETER, ROTOR
The length of any rotor, or blade, as measured from the tip
of the rotor to the center of the turbine multiplied by two.
EXTRATERRITORIAL JURISDICTION
Any area which is:
A.
Located outside, but within 1 1/2 miles of the corporate
limits of the City; and
B.
Is not located within the subdivision jurisdiction of another
municipality.
INSTITUTIONAL USE
An educational facility, golf course, sports arena, religious
institution, athletic field, or publicly owned property, provided
that, said term shall exclude parks and cemeteries whether publicly
or privately owned.
NIGHTTIME HOURS
The time of day after 10:00 p.m. until 7:00 a.m., local time.
NONPARTICIPATING PROPERTY
A property that is not owned by the owner of a property on
which a small wind energy system is proposed or installed.
OPERATIONAL CONDITION
Wind energy system facilities being capable of operating
at full capacity while meeting all sound, shadow flicker and other
ordinance provisions, regulations and permit conditions.
OPERATOR
Any person or entity responsible for the day-to-day operation
and maintenance of a WECS.
OWNER
The person(s) who hold(s) title of the property on which
a SWES facility is installed, or any person(s) or entity having an
equity interest in a WECS.
PUBLICLY OWNED PROPERTY
Land, buildings or structures owned by any governmental body
or public agency, including City, county, state or federally owned
properties, other than public rights-of-way.
SHADOW FLICKER
The on-and-off strobe light effect caused by the shadow of
moving blades cast by the sun passing above a wind energy system turbine.
Shadow flicker intensity is defined as the difference or variation
in brightness at a given location in the presence and absence of a
shadow.
SILHOUETTE
The area covered by moving blades of a wind energy system
turbine, as viewed from the front elevation, described in square feet.
SMALL WIND ENERGY CONVERSION SYSTEM or SMALL WECS
Any wind energy conversion system consisting of a single
wind turbine having a maximum generating capacity of 100 kw, which
is intended to generate energy for any contiguous property primarily
for the use or consumption on that property and not to exceed 45 feet
in height.
SMALL WIND ENERGY SYSTEMS (SWES)
Wind energy systems that are freestanding, or structurally
attached either onto the roof or to the side of a building, not exceeding
45 feet in height above the ground.
SOUND LEVEL
The A-weighted sound pressure in decibels (dB) (or the C-weighted
level if specified) as measured using a sound level meter that meets
the requirements of a Type 2 or better precision instrument according
to ANSI S1.4. The "average" SOUND LEVEL is time-averaged over a suitable
period (e.g., one minute) using an integrating sound level meter that
meets the requirements of ANSI S12.43.
SUN GLINT
The reflection of sunlight off a surface of the blades, tower
or other component of a wind energy system.
TOWER
The structure on which a wind energy system is mounted.
TOWER, MONOPOLE
A wind energy conversion system tower consisting of a single
pole, constructed without any guy wires or anchors.
TURBINE
The parts of a wind energy system, including the blades,
nacelle and tail.
WIND ENERGY CONVERSION STRUCTURE or WIND TURBINE
A device that converts wind energy into electricity through
the use of either a horizontal or vertical axis wind turbine generator,
and includes the nacelle, rotor, tower, and pad transformer, if any.
WIND ENERGY CONVERSION SYSTEM HEIGHT
The height of a freestanding wind energy conversion system
must be measured at a distance from the ground level to the highest
point on the tower, including the vertical length of any extension
such as the rotor blade. The height of a building-mounted wind energy
conversion system shall be measured as the distance from the point
where the base of the system is attached to the building or to the
lowest point in the wind energy conversion system, whichever is closer
to the ground, to the highest point on the wind energy conversion
system, including the vertical length of any extensions such as the
rotor blade.
WIND ENERGY CONVERSION SYSTEM or WECS
An electric generating facility, whose main purpose is to
supply wind-generated electricity, consisting of one or more wind
turbines and other accessory structures and buildings, including substations,
meteorological towers, electrical infrastructure, transmission lines
and other appurtenance structures and facilities; but excluding small
wind energy conversion systems.
WIND ENERGY SYSTEMS (WES)
A wind energy production, conversion and distribution system
consisting of a wind turbine, tower, and associated electronics equipment.
WIND FARM
Any wind energy conversion system other than a small wind
energy conversion system as defined in this article.