Because I’ve taken a few calls from people wondering about the proposed wind farm ordinance, below I’ve pasted the text version of latest 15-page PDF (thanks, Mike Wiser):
ORDINANCE
of the
COUNTY BOARD OF THE COUNTY OF WINNEBAGO, ILLINOIS
SUBMITTED BY: ZONING COMMITTEE
-DRAFT2009
CO **WITH ZBA AMENDMENTS**
AMENDMENTS TO THE ZONING ORDINANCE FOR THE PURPOSE OF REGULATING
COMMERCIAL WIND POWER GENERATING FACILITIES
WHEREAS, Chapter 90 of the Winnebago County Code of Ordinances is known as the
Zoning Ordinance of Winnebago County which regulates the use of buildings and land; and
WHEREAS, the Winnebago County Zoning Board of Appeals (ZBA) held a public
hearing after a min. 15 days notice of said, and pursuant to State Law regarding this amendment;
and
WHEREAS, the Winnebago County Zoning Board Appeals recommended by a vote of
5-0 to approve regulations for the purpose of regulating commercial wind farms with certain
amendments; and
WHEREAS, the County Board of Winnebago County has reviewed and considered the
testimony presented at the public hearing held by the ZBA and the ZBA’s recommendation, and
hereby finds that the public health, safety and welfare of the citizens of Winnebago County will
be better served by adopting the following amendments with regard to commercial wind power
generating facilities to the Zoning Ordinance of Winnebago County; and
NOW, THEREFORE, BE IT ORDAINED that Chapter 90 of the Winnebago County
Code of Ordinances, known as the Zoning Ordinance of Winnebago County, IL is hereby
amended as follows:
1. RENUMBERING OF EXISTING ARTICLE 10. The Winnebago County Zoning
Code (the “Code”) is hereby amended to re-designate Article X of said Code as Article XI . For
all other purposes, said Article shall remain unchanged. Any references in any Section of the
Code to Article X which exist as of the date of this Amendment, are hereby amended to refer to
Article XI of the Code.
2. ADDITION OF NEW ARTICLE 10. The Winnebago County Zoning Code is
amended to add a new Article X to replace the previous Article X which was re-numbered
pursuant to the preceding paragraph. Said Article X shall read as follows:
“ARTICLE X. COMMERCIAL WIND POWER GENERATING FACILITIES
Sec. 90-350. Purpose of Article.
The regulations set forth in this Article are intended to promote the health, safety,
welfare, and morals of the residents of the County of Winnebago by establishing specific criteria
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for the siting, construction, maintenance, and decommissioning of commercial Wind Power
Generating Facilities (“WPGF”), and facilities attendant thereto.
Sec. 90-351. Definitions.
The following terms shall have the meaning ascribed to them in this paragraph for all
purposes of this Chapter.
A. “Applicant” is the person or entity filing an application for construction of a wind
Power Generating Facility.
B. “Facility Owner” means the entity or entities having an equity interest in the Wind
Power Generating Facility, including their respective successors and assigns.
C. “Operator” means the entity responsible for the day-to-day operation and maintenance
of the Wind Power Generating Facility.
D. “Hub Height” means the distance measured from the surface of the tower foundation
to the height of the Wind Turbine hub, to which the blade is attached.
E. “Turbine Height” means the distance measured from the surface of the tower
foundation to the highest point of the turbine rotor plane.
F. “Rotor Diameter” means the diameter of the circle described by the rotation of the
turbine in a plane perpendicular to the nacelle axis, measured at the outermost tip of the
blade.
G. “Nameplate Capacity” means the maximum rated production capacity of a Wind
Turbine, measured in watts, as specified by the manufacturer of the Wind Turbine.
H. “Occupied Building” means a residence, school, hospital, church, public library or
other building used for public gathering that is occupied and in regular use as of the date
the permit application is submitted, or which although unoccupied or not in regular use, is
in a condition suitable for occupation or regular use without substantial alteration or
repair. A building used primarily for storage, such as a garage, storage shed, barn, or
other outbuilding shall not be deemed an Occupied Building for purposes of this Article.
I. “Wind Turbine” means a Wind-Operated Energy Device (commercial service) as
defined in this Code, or such other wind energy conversion system that converts wind
energy into electricity through the use of a wind turbine generator, and includes the
nacelle, rotor, tower, and transformer pad, and any other appurtenant structure necessary
to the production of electricity from wind energy, but such definition does not include
accessory buildings, substations, meteorological towers, electrical infrastructure,
transmission lines and other appurtenant structures, access roads, or other related
facilities.
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J. “Ancillary Facilities” means accessory structures and buildings, including, but not
limited to substations, electrical infrastructure, transmission lines, access roads, and other
appurtenant structures, access roads, and other related facilities required for the
production and distribution of electricity derived from wind energy.
K. “Wind Power Generating Facility” or “WPGF” means an electric generating facility,
whose main purpose is to supply electricity, consisting of one or more Wind Turbines and
Ancillary Facilities.
L. “Participating Landowner” means any person with a vested fee interest in real property
upon which a Wind Turbine or Ancillary Facility is located and who is either deriving, or
entitled to derive, rental payments from the Facility Owner for the use of the real property
upon which such Wind Turbine or Ancillary Facility is located.
M. “Non-Participating Landowner” means any landowner who is not a Participating
Landowner.
N. “Project Area” means the entirety of the property for which a Permit for the
construction of a Wind Power Generating Facility is sought.
Sec. 90-352. Applicability.
This Chapter shall provide the exclusive method for determining the eligibility of any
Wind Operated Energy Device (commercial service) or Wind Power Generating Facility
established for the purpose of producing electricity for sale to third parties.
Sec. 90-353. Permitted Use.
A Wind Power Generating Facility shall be considered a permitted use in the AG
Agricultural Priority District pursuant to Section 90-113(a) or in the AG-1 Agricultural District
pursuant to Section 90-114(a) if it meets all of the criteria set forth in this Article X.
Sec. 90-354. Permits and Zoning Clearance Required.
A. No Wind Turbine or WPGF subject to the requirements of this Chapter shall be
constructed within the County unless zoning clearance, building permits, and approval
pursuant to the requirements of this Article X have first been obtained by the Facility
Owner or Operator authorizing the construction of such facility.
B. The County shall establish a fee to be charged for the issuance of zoning clearance
and all applicable permits pursuant hereto and for the amendment of a previously issued
permit or zoning clearance. Any applicable fee shall be payable in full at the time of
filing the request for the permit or amendment thereto.
C. Any material modification of the WPGF after the issuance of zoning clearance shall
require a modification of said clearance, subject to review for compliance with the
provisions of this Chapter, and accompanied by the requisite fee. Non material
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modifications shall not require a clearance modification. The determination as to whether
a modification is material for purposes of this Section shall be made by the Planning and
Zoning Officer, in said officer’s sole but reasonably exercised discretion.
D. The Permit Application shall contain, at a minimum, the following information:
(i) A narrative statement describing the proposed project, including:
(a) An overview of the project;
(b) The name of the Applicant, and state (or country) of incorporation or
organization (as applicable);
(c) The location of the project in general terms;
(d) The approximate nameplate generating capacity of the project;
(e) The number of Wind Turbines to be included within the project;
(f) The type (manufacturer), hub height, blade diameter, and nameplate
capacity of the Wind Turbines to be included in the project; and
(g) A general description of Ancillary Facilities.
(ii) Evidence of agreement with the owners of all property within the Project Area
indicating that the Facility Owner or Operator has the authority to apply for a
Permit pursuant to this Chapter and has site control over all such areas for the
relevant period of operation, including access easements, utility easements and
site leases.
(iii) Specific identification of all properties on which the WPGF will be located.
For purposes of this Section, identification shall be deemed satisfactory if it lists,
for all parcels within the Project Area:
(a) Name(s) of owner(s) of record;
(b) Address of the Property
(c) Address of Property Owner (if different from property address); and
(d) Property tax identification number(s).
Legal descriptions shall be required only if less than an entire tax parcel is being
utilized by the Project.
(iv) Specific identification of all properties adjacent to the WPGF Project Area.
For purposes of this Section, identification shall be deemed satisfactory if it lists,
for all parcels within the Project Area:
(a) Name(s) of owner(s) of record; and either
(b) Property tax identification number(s); or
(c) Legal description(s).
(v) A site plan, prepared by a professional engineer or land surveyor licensed in
the State of Illinois with at least ten years of experience doing comparable work,
showing at a minimum, the location and layout of each of the following:
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(a) Wind Turbines;
(b) Ancillary Facilities;
(c) Property lines within the Project Area;
(d) Applicable setback lines;
(e) Lines delineating distances of 1.1 times the Turbine Height and 1,200
feet as measured from the nearest point on the outside edge of a Wind
Turbine tower.
(f) Access roads and turnouts;
(g) Substation(s), if any;
(h) Transmission lines, whether above-ground or buried;
(i) All Occupied Buildings that are either (I) within the Project Area or
(II) outside of the Project Area, but within 1,200 feet of any Wind
Turbine;
(j) A topographic map of all property within the Project Area, and for a
distance of no less than 1,200 feet of land surrounding the Project
Area;
(k) Boundaries of subject leased area for siting of wind turbine and/or
ancillary facilities, if applicable; and
(l) Operation and Maintenance Building(s), if applicable.
(vi)
A decommissioning plan prepared by a professional engineer licensed in
the State of Illinois, setting forth the proposed method of decommissioning
and establishing an estimate of the total cost of decommissioning in
compliance with the requirements of Section 90-359.
(vii)
Design specifications for any proposed Wind Turbines, including:
(a) Certificates of design compliance written in English obtained by the
manufacturer from Underwriters Laboratories, Det Norske Veritas,
Germanischer Lloyd Wind Energies, or other similar certifying
organizations;
(b) Proof of redundant braking systems in compliance with Sec. 90355.
C.(iii); and
(c ) Stamped engineered drawings of all proposed structures.
(viii)
A sound level study conducted by a certified noise engineer which
confirms/certifies that the site plan will comply with Illinois Pollution
Control Board regulations.
(ix)
A baseline Electromagnetic Interference Study, or a plan for conducting
same, for purposes of determining levels of interference with
electromagnetic signals, if any, attributable to the construction of the
WPGF. Said study shall be conducted and certified by a professional
electrical engineer, licensed in the State of Illinois.
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(x)
An identification of all state and local public roads within the Project Area
and all other transportation routes located within the Winnebago County
that will be used to get to the project area.
(xi)
Copies of signed waivers for any property owner who has waived any
setback requirement pursuant to Section 90-356.D.
(xii)
Proof of an approved Interconnection Agreement the Regional
Transmission Organization (“RTO”) in charge of such applications. In the
alternative, Applicant may submit proof of filing a Request for
Interconnection, along with the expected date of a final agreement.
Provided, building permits shall not be issued until proof of an approved
RTO is provided to the County.
(xiii)
Wildlife/Avian Study(ies) pursuant to Sec. 90-355. G.
(xiv)
A Natural Resource Inventory Report (NRI) of the project area to be
completed by the Winnebago County Soil and Water Conservation
District.
Notwithstanding the foregoing, the County Planning and Zoning Officer or Building
Officer may request such additional information relevant to the application as the
administrator may deem necessary.
Applicant shall further comply with all applicable, Federal, State and local permitting
requirements which may be imposed by administrative bodies other than the County
which have jurisdiction over the WPGF. Such requirements may include, but are not
limited to, the Migratory Bird Treaty Act, the Endangered Species Act, the Bald and
Golden Eagle Act, the Fish and Wildlife Coordination Act, and all rules and regulations
established by the Federal Aviation Administration and Environmental Protection
Agency. The appropriate governing agency or unit of government is responsible for the
enforcement of such regulations. However, the County may at any time request
information confirming compliance with any such requirements.
E. Upon receipt of the completed application, the County Planning and Zoning Officer
will make a determination as to whether the application complies with the standards set
forth herein, and, if so, shall issue the required zoning clearances. In the event that the
application is deemed insufficient, the County Planning and Zoning Officer shall specify
the nature of the deficiency, and Applicant shall be allowed to provide any additional
information required within one (1) year of the date of the initial application in order to
complete the application.
F. Construction shall be commenced on the WPGF within one (1) year after the date the
Permit is issued. Provided, however, that in the event of a force majeure event, such as
strike, act of war or terrorism, natural disaster, pending litigation, or other event which
results in the commencement of the project being inadvisable or impossible, the period
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for construction shall be tolled from the commencement of such event until the
conclusion of said event.
G. Thirty days prior to the commencement of any construction for which a building
permit was issued first class mail notice by the Applicant or Owner shall be provided to
the owners of all of the properties identified in 90-354 (D)(iv).
Sec. 90-355. Design and Installation.
A. Design Safety Certification -The design of the WPGF shall conform to applicable
industry standards, including those of the American National Standards Institute, as such
standards exist as of the date construction is commenced. The Facility Owner or Operator
shall submit certificates written in English of design compliance obtained by the
equipment manufacturers from Underwriters Laboratories, Det Norske Veritas,
Germanishcer Lloyd Wind Energies, or other similar certifying organizations.
B. Uniform Construction Code -The WPGF shall comply with applicable building and
construction codes.
C. Turbine Requirements – All Wind Turbines shall comply with the requirements set
forth in this paragraph.
(i) All Wind Turbines shall be newly manufactured as of the date of installation.
(ii) All Wind Turbine towers shall be tubular in shape, and be self-supporting.
(iii) Controls and Brakes -All WPGFs shall be equipped with a redundant braking
system. This includes both aerodynamic over speed 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 over speed protection.
D. Electrical Components -All electrical components of the WPGF shall conform to
applicable local, state and national codes, and applicable international standards.
E. Engineer’s Certificate -An engineer’s certificate shall be completed by a Structural
Engineer, licensed in the State of Illinois, certifying that the tower and foundation of the
Wind Turbines are compatible with, and are appropriate for, the particular model of Wind
Turbine used, and that the specific soils at the site can support the Wind Turbine.
F. Aesthetics
(i) Wind Turbines shall be a non-obtrusive and non-reflective color such as white,
Off white, Gray, or black. The Facility Owner or Operator shall maintain the paint
on Wind Turbines at all times in good repair.
(ii) Wind Turbines shall not display advertising, except for reasonable
identification of the turbine manufacturer, Facility Owner and Operator. All signs
shall be in accordance with County ordinances pertaining to signs.
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(iii) Within the Project Area, Wind Turbines shall be of a generally consistent
size, design, and color, and shall be of similar height and rotor diameter and shall
rotate in the same direction.
(iv) Wind Turbines shall not be artificially lighted, except to the extent required
by the Federal Aviation Administration or other applicable regulatory authorities.
(v) On-site transmission and power lines between Wind Turbines shall, to the
maximum extent practicable, be placed underground, shall reach the property line,
and shall be located and/or constructed in such a way as to minimize disruption to
the property’s primary purpose as well as to facilitate the interconnection of other
Commercial Wind Power Generating Facilities.
(vi) Non-essential appurtenances shall not be affixed to any Wind Turbine,
including, but not limited to, cellular or radio antennae.
(vii) A clearly visible warning sign advising persons of the presence of high
voltage levels must be placed at the base of all pad-mounted transformers and
substations.
G. Wildlife/Avian Survey and Mitigation Plan
Applicant shall commission a wildlife assessment, conducted by a qualified
wildlife expert having no less than ten (10) years of experience conducting
wildlife assessments (impact studies) and mitigation plans, indicating possible
risks to local wildlife, habitant, and migratory birds. Applicant shall develop a
mitigation plan based upon such assessment, if deemed necessary by the wildlife
expert. Applicant shall mitigate such risks on wildlife, migratory birds and
affiliated habitat per the wildlife expert’s recommendations and shall submit said
plan to the Planning and Zoning Officer at time of permit application.
H. Climb Prevention/Locks
(i) Wind Turbines shall not be climbable up to a height of at least fifteen (15) feet
above ground surface.
(ii) All access doors to Wind Turbines and electrical equipment shall be locked or
fenced, as appropriate, to prevent entry by non-authorized persons.
I. Use of Public Roads
(i) Prior to the issuance of a building permit for any component of a WPGF, the
Facility Owner or Operator shall provide to the County Engineer:
(a)
A transportation plan prepared and certified by a professional engineer
licensed in the State of Illinois for a minimum of ten years performing
comparable work, identifying all state and local public roads to be used
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within the County to transport equipment and parts for construction,
detailing expected load weights and frequency, and any improvements
deemed necessary for roadbeds, surfaces, or other facilities which are
expected to require modification or improvement prior to construction,
and the proposed repair and/or reconstruction work expected to be
necessary after construction is completed (the “Transportation Plan”);
(b)
An engineering study certified by a professional engineer licensed in the
State of Illinois for a minimum of ten years performing comparable work,
documenting road conditions for any roads included in the Transportation
Plan prior to construction. While the Transportation Plan may indicate
any road or highways that are under the State of Illinois and the Illinois
State Toll Highway Authority jurisdiction, permits for the use of those
roads/highways need not be submitted to the County Engineer. Whether
the requirements of the engineering study and submission of road/highway
permits are satisfied shall be determined solely by the Winnebago County
Engineer; and
(c)
A traffic safety plan, including, but not limited to, provisions for access to
county highways and roads located in the County of Winnebago including
roads, used for construction traffic, warning signs, flaggers, and acceptable
access times (the “Safety Plan”).
(ii) After receipt of the Transportation Plan, but prior to issuance of a building
permit for any component of a WPGF, the Facility Owner and Operator shall enter
into an agreement with County of Winnebago through the County Engineer and
provide documentation evidencing approval by any other public entity having
jurisdiction over a road or highway that is identified in the Transportation Plan or
Safety Plan (excepting permits for the use of any road or highways that are under
the State of Illinois and the Illinois State Toll Highway Authority) for the
purposes of ensuring a safe and orderly construction phase. Said agreement shall
include the following material provisions:
(a) An approved final Transportation Plan;
(b) An approved final Safety Plan;
(c) A requirement of financial assurance to the County in the form of an
irrevocable letter of credit guaranteeing payment for road improvements
and repairs in compliance with local standards, having an expiration date
no less than one (1) year after conclusion of construction which the County
of Winnebago may draw upon without requiring a representative of the
County of Winnebago traveling more than ninety (90) miles outside of
Winnebago County. The face value of the letter of credit shall be equal to
the cost of either improving or restoring all roads specified in the final
Transportation Plan to their original condition in the fashion designated in
said final Transportation Plan (as determined by using the average cost of
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materials and labor in the County as of a date sixty (60) days prior to the
date of issue of the financial assurance), plus an additional twenty-five
percent (25.00%) of said total cost;
(d) Permits from all agencies having jurisdiction over roads or highways
identified in the Transportation Plan or Safety Plan except any road or
highways that are under the State of Illinois and the Illinois State Toll
Highway Authority jurisdiction that are identified in the Transportation
Plan or the Safety Plan; and
(e) Such other and further terms which the County Engineer may require in
his or her sole, but reasonably exercised, discretion.
J. Emergency Services. The Facility Owner or Operator shall, prior to commencement of
construction:
(i) Provide a copy of the permit application, including site plan to local
emergency services, including paid or volunteer Fire Department(s);
(ii) Cooperate with request from emergency service providers and first responders
to develop and coordinate implementation of an emergency response plan for the
WPGF; and
(iii) Register the WPGF with the local 911 operator.
K. Fire Prevention. Facility Owner and Operator shall, at all times during construction
and operation of the WPGF:
(i) Adhere to all applicable electrical codes and standards;
(ii) Remove and maintain all fuel sources, including, but not limited to, vegetation
and flammable materials, from the immediate vicinity of electrical equipment; and
(iii) Install twistable cables on all Wind Turbines.
L. Waste Management. Facility Owner and Operator shall, at all times during
construction and operation of the WPGF:
(i) Solid Waste – All solid waste generated in conjunction with the construction or
operation of the WPGF shall be removed from the Project Area in a timely
fashion and disposed of off-site in an appropriate manner.
(ii) Hazardous Waste – Any hazardous waste generated in conjunction with the
construction or operation of the WPGF shall be removed from the Project Area
and disposed of consistent with applicable Federal, State, and local requirements
for such materials.
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M. Septic and Well. Any buildings constructed within the WPGF which use water or
discharge waste shall comply with existing well and septic requirements as required by
the Winnebago County Health Department and the State of Illinois Department of Public
Health.
Sec. 90-356. Setbacks
A. Occupied Buildings.
(i) Wind Turbines shall be set back from all Occupied Buildings located on a
Participating Landowner’s property a distance of not less than 1.1 times the
Turbine Height. The setback distance shall be measured from the nearest point on
the outside edge of a tower to the nearest point on the foundation of the Occupied
Building.
(ii) At the time of construction, Wind Turbines shall be set back from all
Occupied Buildings located on a Non-participating Landowner’s property a
distance of not less than 1,200 feet, as measured from the nearest point on the
outside edge of a tower to the nearest point on the foundation of the Occupied
Building. This provision does not apply with regard to the location of Wind
Turbines for which application for zoning clearance is made prior to the issuance
of a permit for construction of an occupied building on a Non-participating Land
owner’s property.
B. Property lines. All Wind Turbines shall be set back from the nearest property line a
distance of not less than the normal setback requirements for that zoning classification or
1.1 times the Turbine Height, whichever is greater. The setback distance shall be
measured from the property line to the nearest point on the outside edge of a tower.
Operation and Maintenance Building(s) and Substations shall be located in accordance
with zoning District setback requirements. Lot / site for Operation and Maintenance
Building shall consist of enough area to comply with off-street parking and loading
requirements and with existing County septic and well requirements. Operation and
Maintenance Building shall be limited to a height of 45 feet or 3 ½ stories. All other
accessory buildings affiliated with the WPGF shall comply with existing accessory
buildings regulations in the Zoning Ordinance, Chapter 90.
C. Public Roads. All Wind Turbines shall be set back from the nearest public road a
distance of not less than 1.1 times the Turbine Height, as measured from the right-of-way
line of the nearest public road to the nearest point on the outside edge of a tower.
D. Waiver of Setbacks
(i) Landowners may waive the setback requirements in Section 90-356A.(ii)
(Occupied Buildings on Non-participating Landowner’s property) by signing a
waiver that sets forth the applicable setback provision(s) and the proposed
changes thereto.
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(ii) Any such waiver shall be recorded in the Recorder of Deeds Office for the
County where the property is located. The waiver shall describe the properties
benefited and burdened, and advise all subsequent purchasers of the burdened
property that the waiver of setback shall run with the land.
(iii) Notwithstanding anything to the contrary contained in this Section, in no
event shall any setback to an Occupied Building be less than a distance equal to
1.1 times the Turbine Height of any affected Wind Turbine.
Sec. 90-357. Nuisance Abatement
A. Signal Interference. The Facility Owner or Operator shall make reasonable efforts to
avoid any disruption or loss of radio, telephone, television or similar signals, and shall
mitigate any disruption or degradation (as measured from the baseline study required by
90-354.D.(ix)) of signals caused by the WPGF in a manner reasonably calculated to
remedy such signal degradation, including, but not limited to, providing alternative
methods of delivery of signals to affected households at Facility Owner or Operator’s
expense. The foregoing provision shall not in any way be interpreted to excuse
compliance with any regulations, codes, or laws specifically governing electronic
transmissions.
B. Sound Levels. The Facility Owner or Operator shall comply with all applicable codes
and ordinances regulating sound generation, including, but not limited to the
requirements of the Illinois Pollution Control Board. In the event that any sound levels
from a Wind Turbine are found by the Illinois Pollution Control Board to be in excess of
permissible levels at the Residence of any Non-Participating Landowner, the Facility
Owner or Operator shall take such measures as are necessary to bring sound levels down
to a level acceptable to the Illinois Pollution Control Board.
Sec. 90-358. Liability Insurance
Facility Owner or Operator shall maintain a current general liability policy covering
bodily injury and property damage with limits of at least one million dollars (US
$1,000,000.00) combined single limits. During any period when the Facility Owner or
Operator is involved in the use of roads or highways under the jurisdiction of Winnebago
County the Facility Owner or Operator shall maintain a current general liability policy
covering bodily injury and property damage with limits of at least one million dollars (US
$1,000,000.00) combined single limits which names the County of Winnebago as an
insured. Certificates written in English showing proof of valid insurance in compliance
with this Chapter shall be made available to the County upon request.
Sec. 90-359. Decommissioning
A. The Facility Owner and Operator shall, at their sole expense, complete
decommissioning of the WPGF, or individual Wind Turbines, within twelve (12) months
after the end of the useful life of the Facility or individual Wind Turbines. The WPGF
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will be deemed to be at the end of its useful life if it is abandoned for a period of time in
excess of six (6) months.
B. Decommissioning shall include removal of Wind Turbines, buildings, roads,
foundations to a depth of forty-eight inches (48”), and any other facility or structure
constructed by Facility Owner or Operator for the purpose of maintaining or operating the
WPGF. Any disturbed earth shall be graded at Facility Owner or Operator’s expense, and
vegetation shall be restored consistent with surrounding vegetation, with the exception of
cash crops such as corn, soybeans, or hay/alfalfa. This Section shall not apply to any
office or storage facilities constructed by Facility Owner or Operator which can serve a
useful purpose other than servicing a WPGF. At the written request of a landowner, any
improvements other than Wind Turbines may be allowed to remain on the property of
such landowner without removal, subject to the approval of the County Board.
C. A licensed Professional Engineer shall be retained to estimate the total cost of
decommissioning (“Decommissioning Costs”), and the cost of decommissioning minus
the estimated salvage value of the equipment (“Net Decommissioning Costs”). Said
estimates shall be submitted to the County by the Facility Owner or Operator after the
first (1st) full year of operation and every (5th) year thereafter. The County engineer shall
review and approve or disapprove the cost estimate presented.
D. The Facility Owner or Operator shall post and maintain a bond, surety, irrevocable
letter of credit, or similar financial instrument, in favor of the County, in an amount equal
to Net Decommissioning Costs; provided, that at no point shall the amount of the surety
be less than twenty five percent (25%) of Decommissioning Costs. The financial
assurances required by this Section shall be from a financial institution of the Facility
Owner’s choosing, subject to approval of the County, which approval shall not be
unreasonably withheld. The bond, surety, irrevocable letter of credit, or similar financial
instrument in favor of the County shall allow the County of Winnebago to seek to receive
funds from such security without requiring a representative of the County of Winnebago
traveling more than ninety (90) miles outside of Winnebago County.
E. Prior to the Facility Owner of Operator commencing decommissioning:
(i) 90-354 requirements concerning the permitting by applicable Federal, State
and local entities requirement, and the identification of all transportation routes in
Winnebago County must be satisfied as to the decommissioning; and
(ii) 90-355 requirements must be satisfied as to the decommissioning.
F. If the Facility Owner or Operator fails to complete decommissioning within the period
allowed by Section 90-359.A., the owner of the property on which said Wind Turbine or
Ancillary Facilities are located shall have six (6) months after expiration of the period
allowed in Section 90-359.A. to complete decommissioning of any facilities related to the
WPGF which remains on the landowner’s property in compliance with the requirements
of this Article, at said landowner’s expense. Provided, that in no event shall this
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provision be interpreted as imposing upon any landowner an obligation to remove any
Wind Turbine or Ancillary Facilities from said landowner’s property.
G. If neither the Facility Owner or Operator nor the landowner complete
decommissioning within the periods prescribed by Section 90-359.A. or 90-359.G., the
County may take such measures as it deems necessary to complete decommissioning, and
shall be entitled to draw on the surety required by Section 90-359.D. to pay the net costs
(total costs minus actual salvage value) associated therewith.
H. The County shall release the obligation to maintain Decommissioning Funds when the
Facility Owner or Operator has demonstrated and the County concurs that
Decommissioning has been satisfactorily completed.”
* * * * END OF ARTICLE X * * *
3. AMENDMENT OF SECTION 90-113. Section 90-113(a)(8) of the Winnebago County
Zoning Code is hereby amended to add a subparagraph (c), which shall read as follows:
c. Wind Power Generating Facilities, provided that said facilities comply with the
requirements of Article X of this Zoning Code.”
4. AMENDMENT OF SECTION 90-114. Section 90-114(a)(6) of the Winnebago County
Zoning Code is hereby amended to add a subparagraph (c), which shall read as follows:
c. Wind Power Generating Facilities, provided that said facilities comply with the
requirements of Article X of this Code.”
NOW, THEREFORE, BE IT FURTHER ORDAINED, that this ordinance shall be in full force
and effect from and after its passage as provided by law and pursuant to the Illinois Compiled
Statutes.
NOW, THEREFORE, BE IT FURTHER ORDAINED, that the Winnebago County Clerk shall
provide certified copies of this ordinance amendment upon the adoption to the Winnebago
County Planning and Zoning Officer.
Respectfully submitted,
ZONING COMMITTEE
Acting Chairman
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TO APPROVE TO NOT APPROVE
The above and foregoing Ordinance was adopted by the County Board of the County of
Winnebago, Illinois, on the ______ day of _________________, 2009.
Scott Christiansen, Chairman of the County Board
of the County of Winnebago, Illinois
ATTEST:
Margie Mullins, Clerk of the County of Board
of the County of Winnebago, Illinois
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