§ 14.6. Design and installation.

14.6-1

[Documentation of wind resources.] The application shall demonstrate that the proposed siting of the WECS has documented annual wind resources sufficient for the operation of the WECS project. The wind resource documentation shall detail, at a minimum, ambient wind at the WECS tower hub height.

14.6-2

Design safety installation.

a.

The WECS shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories (UL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party. Used, outdated or obsolete WECS equipment shall not be permitted to be constructed or installed;

b.

A Professional engineer shall certify, as part of the siting application process, that the foundation and tower design of the WECS are within accepted professional standards and demonstrates structural integrity, given local soil and climate conditions; and

c.

All structures other than WECS which may be built in conjunction with the operation of the WECS project shall comply with applicable safety and building codes, and if there are no codes which are found to be applicable, then they shall comply with the International Building Code standards.

14.6-3

Controls and brakes. All WECS shall be equipped with a redundant breaking system and other controls to limit the rotational speed of the rotors within design limits for the specific model of WECS. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

14.6-4

Electrical components. All electrical components of the WECS shall conform to applicable local, state and national codes, and relevant national and international standards e.g., ANSI, International Electrical Commission and the National Electrical Code. All WECS project wiring shall be underground to a depth of not less than 48 inches, except where the WECS project is connected to the transmission or distribution network or in those locations, such as ditches, streams, or other land or water features which make underground wiring unsafe or impractical.

14.6-5

Color. Towers and rotors shall be painted white or gray or another non-reflective, unobtrusive color; provided that all towers and rotors shall be painted in a uniform color. All painted surfaces shall be kept in good repair during the life of the WECS and shall be repainted as necessary to prevent bubbling, flaking, chipping or other unsightliness. No advertisement or signs, other than required safety warning signs and standard manufacturer nomenclature, shall be allowed. No flags, decorative signs, streamers, pennants, ribbons, spinners, or fluttering or revolving devices shall be allowed.

14.6-6

Compliance with the Federal Aviation Administration (FAA). The applicant shall comply with all applicable FAA requirements. Evidence of said compliance shall be submitted at the time of the application. The applicant shall also submit a proposed WECS tower lighting plan that describes any lighting which may be required by the FAA, including the planned number and location of lights, light color, whether any such lights will be flashing and mitigation measures to control the impact of lighting on neighboring properties. Flashing lights shall be synchronized to flash simultaneously and the mitigation measures set forth in the proposed WECS tower lighting plan shall describe remediation measures to address synchronization and other failures, including a requirement that the owner and operator investigate all complaints within 30 days of receipt and resolve the same within an additional 30 days.

14.6-7

Warnings.

a.

A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

b.

Each WECS shall have posted on the site in a visible, easily accessible location two signs no more than four square feet in area displaying an address and telephone number for emergency calls. The emergency telephone number shall allow a caller to contact a responsible individual on the part of the owner or operator to address emergencies at any time, including during or after regular business hours and on weekends or holidays.

c.

Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground. Notwithstanding the foregoing, all WECS towers shall be self-supporting, and no guy wire supported WECS towers shall be permitted.

14.6-8

Climb prevention. All WECS towers must be unclimbable by design or protected by anti-climbing devices including, but not limited to:

a.

Fences with locking portals at least six feet high; or

b.

Anti-climbing devices 12 feet vertically from the base of the WECS tower.

14.6-9

Setbacks.

a.

All WECS towers shall be set back a distance of at least 1¼ miles from any primary structure. The distance shall be measured from the point of the primary structure foundation closest to the WECS tower to the center of the WECS tower foundation. The owner of the primary structure may waive this setback requirement, without the applicant seeking a variance from the village, but in no case shall a WECS tower be located closer to a primary structure than 3.0 times the WECS tower tip height.

b.

All WECS towers shall be set back a distance of at least 3.0 times the WECS tower tip height from public roads, public rights of way, railroads, third-party transmission lines, and communication towers.

c.

All WECS towers shall be set back a distance of at least 3.0 times the WECS tower tip height from adjacent property lines not part of the WECS project. The affected adjacent property owner may waive this setback requirement without the applicant seeking a variance from the village.

d.

Upon request, the village may grant a variance from the setback requirements hereunder where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, that such variance will not be contrary to the public interest and written consent from the affected property owner has been obtained. Any variance from any of the above setbacks shall run with the land and be recorded at the cost of the applicant as part of the chain of title of the property of the affected property owner.

14.6-10

Compliance with additional regulations. Nothing in this ordinance is intended to preempt other applicable county, state or federal laws and regulations.

14.6-11

Use of public roads.

a.

An applicant, owner, or operator proposing to use any village roads for the purpose of transporting WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS or substation, shall identify all such public roads and obtain applicable weight and size permits from relevant government agencies prior to construction.

b.

The applicant, owner, or operator shall cause to be conducted a pre-construction transportation impact study acceptable to the village to determine existing road conditions for assessing potential future damage. The study shall identify roads to be used for transport of WECS or substation parts and/or equipment for construction, operation, or maintenance of the WECS or substation, the types and weights of loads to be transported, and the types of vehicles which are to be utilized. The study shall also include an estimate of the cost and description of work required to upgrade roads, bridges, and other structures to allow transport of over-weight loads. The owner shall, at its sole cost and expense, and in a timely fashion (no less than six months from completion of construction of the WECS or substation), return roads, bridges, and other structures traveled over during the course of construction, maintenance or decommissioning of the WECS or substation to pre-construction condition or better in accordance with Illinois Department of Transportation standards for the particular class of roadway promptly upon completion of such construction, maintenance or decommissioning of the WECS project or earlier if the village determines that damage exists that may be injurious to property or to the public. All such work shall be guaranteed to the village, in form satisfactory to the village, for a period of not less than one year following completion. The owner shall secure financial assurance, and provide evidence of the same in the application, in a sufficient amount for the purpose of repairing any anticipated or actual damage to village roads or other public roads within 1½ miles of the village (including storm sewers, bridges and culverts) caused by constructing, operating, maintaining or decommissioning of the WECS or substation. The village reserves the right to determine performance adequacy and the adequacy of financial assurance.

14.6-12

Drainage systems. The applicant shall cause to be conducted a pre-construction impact study acceptable to the village to determine the existing condition of both the public drainage systems and private agricultural drainage systems for assessing potential future damage. The owner shall be responsible for repairing, in a timely fashion (no less than six months from occurrence of any damage), any damage caused to the public drainage systems or private agricultural drainage systems by the construction, operation, maintenance or decommissioning of the WECS. The owner shall secure financial assurance, and provide evidence of the same in the application, in a sufficient amount for the purpose of repairing any anticipated or actual damage to said drainage systems. The village reserves the right to determine performance adequacy and the adequacy of financial assurance.

14.6-13

Height. The maximum WECS tip tower height shall not exceed 450 feet.

(Ord. No. 02-6-12, § 1(exh. B, § 14.6), 2-6-2012)