Definitions. Notwithstanding any other definitions provided elsewhere
in the Stephenson County ("County") Zoning Ordinance, the following
definitions apply to the terms listed below as used in this section:
ABANDONMENT
Occurs when deconstruction has not been completed within
six months after the WECS facility reaches the end of its useful life.
For purposes of this definition, a WECS facility shall be presumed
to have reached the end of its useful life if: (1) no electricity
is generated for a continuous period of 12 months or (2) the WECS
facility owner fails, for a period of six consecutive months, to pay
any property owner amounts owed in accordance with any underlying
easement, option, lease or license agreement entered into relating
to the siting, construction, or operation of a WECS facility on the
property owner's real property.
APPLICANT
The person or entity who submits a special use permit application
for the siting and operation of a WECS facility, substation, and/or
supporting facilities, pursuant to this section. All references to
an applicant in this section shall include an applicant's successors-in-interest
and assigns, which includes a WECS permittee, as applicable.
APPLICATION
An application for a special use permit filed with the Director
of Building and Zoning pursuant to this section.
COMMERCIAL OPERATION DATE
The calendar date on which the WECS facility produces power
for commercial sale, not including test power.
COMMERCIAL WIND ENERGY FACILITY (OR WECS FACILITY OR WECS PROJECT)
Any device or combination of devices with, equal or greater
than 500 kilowatts in total nameplate generating capacity, that convert
wind energy into electricity through the use of a wind turbine generator
which includes, but is not limited to, the turbine, blade, nacelle,
tower, base, pad, transformer, substation, supporting facilities,
supports, guy wires, generators, transmission lines, storage containers,
equipment associated with the generation and storage of electricity,
and any other accessory equipment. This includes a WECS facility seeking
an extension of a permit to construct granted by the County before
January 27, 2023 (the effective date of the amendatory Act of the
102nd General Assembly to 55 ILCS 5/5-12020.)
DIRECTOR
The Director of the Stephenson County Building and Zoning
Department.
LOCAL EMERGENCY RESPONSE AUTHORITIES
Each local law enforcement agency, fire department, fire
protection district and rescue units, emergency medical service providers
and emergency management service providers that have jurisdiction
over any part of the WECS facility.
METEOROLOGICAL TOWER
Those towers which are erected primarily to measure wind
speed and direction plus other data relevant to siting and operation
of a WECS facility. For purposes of this section, meteorological towers
do not include towers and equipment used by airports, the Illinois
Department of Transportation, or other similar applications or government
agencies, to monitor weather conditions.
NONPARTICIPATING RESIDENCE
A residence that is located on nonparticipating property
and that is existing and occupied on the date that an application
for a special use permit is filed with the Director of Building and
Zoning.
NOTICE TO PROCEED
A written document, named as such, stating that the applicant
expresses an intent to commence construction activities on a WECS
project and identifying the date on which the construction activities
are scheduled to commence.
OCCUPIED COMMUNITY BUILDING
Any one or more of the following buildings that exists and
is occupied on the date that the special use permit application is
filed with the Director of Building and Zoning: a school, place of
worship, day-care facility, public library, or community center.
OPERATOR
The person or entity responsible for the day-to-day operation
and maintenance of a WECS facility, including any third-party subcontractors.
The operator must be a qualified wind power professional. All references
to an operator in this section shall include an operator's successors-in-interest
and assigns.
OWNER
(i) a person or entity with a direct ownership interest in
the WECS facility, regardless of whether the person or entity is involved
in acquiring the necessary rights, permits, and approvals or otherwise
planning for the construction and operation of the WECS facility,
or (ii) at the time the facility is being developed, a person or entity
who is acting as a developer of the WECS facility by acquiring the
necessary rights, permits, and approvals or by planning for the construction
and operation of the facility, regardless of whether the person or
entity will own or operate the WECS facility. "Owner" does not include
the owner of a participating property (unless the property owner has
an equity interest in a WECS facility); or (ii) any person or entity
holding a security interest in a WECS facility solely to secure an
extension of credit, or a person or entity foreclosing on such security
interest, provided that after foreclosure, such person or entity seeks
to sell the WECS facility at the earliest practicable date.
PARTICIPATING PROPERTY
Real property that is the subject of a written agreement
between a facility owner and the owner of real property that provides
the facility owner an easement, option, lease, or license to use the
real property for the purpose of constructing or operating a WECS
facility, substation, or supporting facilities. "Participating property"
also includes real property that is owned by a facility owner for
the purpose of siting, constructing, or operating a WECS facility,
substation, or supporting facilities.
PARTICIPATING RESIDENCE
A residence that is located on participating property and
that is existing and occupied on the date that an application for
a Special use permit is filed with the Director of Building and Zoning.
PROFESSIONAL ENGINEER
A professional engineer licensed to practice engineering
in the State of Illinois. Where a structural engineer is required
to take some action under terms of this section, a professional engineer
may serve as the structural engineer if he or she has the appropriate
structural engineering certification.
PROTECTED LANDS
Real property that is subject to a permanent conservation
right consistent with the Real Property Conservation Rights Act, or registered or designated as a nature preserve, buffer,
or land and water reserve under the Illinois Natural Areas Preservation
Act.
PUBLIC CONSERVATION LANDS
Land owned in fee title by county, state or federal agencies
and managed specifically for conservation purposes, including, but
not limited to, county, state and federal parks, state and federal
wildlife management areas, state scientific and natural areas, and
federal wildlife refuges and waterfowl protection areas. Public conservation
lands do not include private lands upon which conservation easements
have been sold to government agencies or nonprofit conservation organizations.
Public conservation lands also do not include private land for which
the owners have entered into contractual relationships with government
or nonprofit conservation organizations for conservation purposes.
SPECIAL USE PERMIT
A permit, subject to the requirements of this section, approved
by the Stephenson County Board, after a public hearing, allowing for
the siting, construction, and operation of a WECS facility, substation(s),
or supporting facilities, at a specified location, subject to compliance
with specified conditions as may be required by the County Board.
SUBSTATION
The apparatus that collects and connects the electrical collection
system of the WECS facility and increases the voltage for connection
with the utility's transmission lines.
SUPPORTING FACILITIES
Any transmission lines, electrical power lines to be utilized
for the conveyance of power within or from the WECS facility to the
electric grind, operations and maintenance building(s), fencing, lighting,
access roads, meteorological towers, storage containers, and any other
equipment associated with the generation and storage of electricity
by the WECS facility.
WECS BUILDING PERMIT
A permit necessary for the commencement of work performed
toward the construction, erection or installation of an approved WECS
facility, substation, and/or supporting facilities. A WECS building
permit may be issued by the Director of Building and Zoning after
a WECS facility has obtained a special use permit from the County
Board and Director of Building and Zoning determines that all conditions
imposed by a special use permit, if any, have been satisfied. The
WECS building permit shall require the applicant (WECS permittee)
to deliver a written "notice to proceed" for the WECS facility to
the Director of Building and Zoning and the County Board prior to
commencement of construction of the WECS facility. The term "commencement
of construction," as used in this section, includes any site development
work (e.g., demolition, grubbing, grading, excavation, road work,
construction of project-related structures and infrastructure improvements,
etc.) regarding the WECS facility, substation(s) or supporting facilities.
WECS PERMITTEE
An applicant who applies for and receives a special use permit
under this section. All references to a WECS permittee in this section
shall include a WECS permittee's successors-in-interest and assigns.
WECS TOWER HEIGHT
The distance from the rotor blade at its highest point to
the surface of the WECS Tower foundation.
WIND TURBINE
Any piece of electrical generating equipment that converts
the kinetic energy of moving wind into electrical energy through the
use of airfoils or similar devices to capture the wind.