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Zoning Commission Packet 2013 12-04-13
o United City of Yorkville 800 Game Farm Road EST. --� 1836 Yorkville, Illinois 60560 -< Telephone: 630-553-4350 o p ;P, —w- 630-553-7575 —w-� c-" `ts <C E AGENDA ZONING COMMISSION RESCHEDULED MEETING Wednesday, December 4, 2013 7:00 P.M. City Hall Conference Room 800 Game Farm Road 1. Welcome 2. Roll Call 3. Citizen's Comments 4. Approval of October 23,2013 meeting minutes 5. Old Business: a) Review and Commentary of Proposed Revised Zoning Chapter • Chapter 20: Signs 6. New Business: a) Review and Commentary of Proposed Zoning Chapter • Chapter 19: Alternative Energy Systems b) Tentative Zoning Commission 2014 Meeting Schedule 7. Adjournment 8. Next meeting date: December 18,2013 *Potential alternate meeting date for November to be discussed* ZONING COMMISSION MEETING Wednesday, October 23, 2013 7:00 p.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Meeting Called to Order The meeting was called to order at 7:02 p.m. by Mr. Crouch and he welcomed everyone. Roll Call Roll call was taken; a quorum was established. Committee Members in Attendance Michael Crouch Phil Haugen Gary Neyer Jeff Baker City Officials in Attendance Krysti Barksdale-Noble - Community Development Director Jason Engberg—Community Development Intern Citizen's Comments There were no citizens in attendance. Previous Minutes Mr. Crouch asked for a motion to approve both the July 24 and the August 28, 2013 minutes. Mr. Baker made a motion to approve both minutes at the same time. It was seconded by Mr. Neyer. Mr. Crouch asked if there was any discussion on the motions; hearing none, he asked for approval by saying, "Yes." They were both approved unanimously; motion carried on both minutes. Mr. Crouch then turned the meeting over to Mr. Engberg to cover Old Business. Old Business: Chapter 16: Review Off-Street Parking and Loading: Mr. Engbarth said the line dealing with commercial vehicles in residential driveways has been deleted(10:16:3)by agreement of the Commission at the last meeting. Chapter 17: Fencing and Screening: For the barbed wire in "Industrial and Utilities,"the language was clarified to read, "starting at a minimum elevation of 6' above grade." A. CHAPTER 18—Telecommunication Towers and Antenna Regulations: Mr. Engbarth said the attorney took a couple of things out such as 10.18.5, the "Q"was taken out because it wasn't necessary; and added Private Schools and Churches for R-1 and R-2. In 10.18.6, the statement about a single family home on the lot(The par-eel must not have a single famil home on the pr-o.°,4.;)was removed. In Table 10.18.01, after Major highways, (as defined in the Yorkville Comprehensive Plan) was added. At this point, Mr. Baker asked if"Major highways" should be added to the definitions. It was agreed by the committee to not do that. Ms. Noble pointed out the most recent changes to the telecommunication act was included as a printed slide show for information purposes. Mr. Crouch asked if the City was all in compliance and Ms. Noble confirmed that it was. Moving on to, "Signs,"Mr. Crouch asked for confirmation that all signs are in the Building Code and Ms. Noble confirmed. There are no substantive changes, but more graphics will be added. Mr. Neyer questioned 8.11.5, H. Real estate signs, and suggested four(4) square feet or less in area should be changed to five (5) square feet or less. Since the committee had questions about mountings, they agreed to do some research on a typical real estate sign. Mr. Baker asked if permitting was going to stay the same, and Mr.Noble answered that the next time the committee sees the chapter on signs, it will be re-formatted like the other chapters. There will also be a lot more graphics. While they were discussing signs, Ms. Noble asked Mr. Baker if the committee's parameters were in line with the ZBA's. He asked if the Dairy Queen sign out by Route 34 was legally conformed and Ms. Noble said it was, probably because of the PUD. It is not a standard. Mr.Neyer asked how other communities compared to permitted size (8-11-9 A.1. `one freestanding business sign sixty-four(64) square feet or less in area and eight feet (8') or less in height shall be allowed.'). Ms.Noble said she did not change that and that it was typical for larger lots to have a larger sign area. Mr. Baker questioned why 8' was the maximum height (crown of the road). Ms. Noble wasn't here when that was decided but assumes it was for uniformity. She is going to check to see if there is any mandatory landscaping involved. Mr. Neyer suggested that perhaps on larger lots to allow 64 square feet, with 12' heights. Ms. Noble reiterated that currently it is allowed to let the sign areas get larger for lots that are larger, but it's not currently allowable for the height to get taller. She suggested allowing 12' in height and leaving the sign area at 64 square feet. With the completion of the committee drawing near, Ms. Noble brought up the subject of engaging the public more before going before the City Council and has contracted out a company, Civic Artworks. They have received an APA award for their vision for Plainfield's Division Street and they are going to do the City's civic engagement. It will all be an interactive, web-based commentary. They are actually going to send out press releases in the mail to get people more engaged. The website is not yet complete, and Ms. Noble showed the committee a sample of what to expect (possibly next week). Alternate Meeting Date discussion: Ms. Noble suggested the next meeting date be Wednesday, November 20 instead of the day before the Thanksgiving holiday. The committee agreed. Mr. Crouch asked for a motion to adjourn. A motion was made by Mr. Neyer; it was seconded by Mr. Baker; all voted in favor; and the meeting adjourned at 7:56 p.m. Minutes respectfully submitted by: Bonnie Olsem, Administrative Secretary .it.° C/i4, Memorandum J� 51 a EST _ u _ 1836 To: Zoning Ordinance Commission .� From: Jason Engberg, Planning Intern CC: Krysti J. Barksdale-Noble, Community Development Director Opd ��Ty ?a Bart Olson, City Administrator <LE v� Date: November 20, 2013 Subject: Zoning Ordinance Update—Notes Staff has prepared the following revisions: Old Business Chapter 20 • 10-20-5 Signs Exempt from this Chapter • Added"mounted"to letter C when describing height of a sign • Changed size of retail signs from 4 square feet to 6 square feet on letter H • 10-20-9 Permitted Signs; Business Zoning Districts o Changed height to 12 feet for height in second paragraph • 10-20-10 Permitted Signs; Manufacturing Zoning Districts o Changed height to 12 feet for height in second paragraph • Reformatted and added graphics for entire Chapter. New Business The previous Chapters 16 and 17 have been attached to this packet and will be combined to form Chapter 19. A model ordinance has also been attached to this packet and we will discuss and review these documents at the meeting. Please look over these items and be ready to discuss at the Zoning Commission meeting. CHAPTER 20 Signs 10-20-1 Principles The provisions of this chapter recognize that: A. There is a significant relationship between the manner in which signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B.The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C.Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. (Ord. 2009-31, 6-9-2009) 10-20-2 Purpose The regulation of signs by this chapter is intended to promote and protect the public health, safety and welfare by: A. Enhancing the economic condition of the city by promoting reasonable, orderly and effective use and display of signs. B. Enhancing the physical appearance of the city. C. Protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the city. D. Protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. E. Preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs.To this end,this chapter: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this chapter. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. (Ord. 2009-31, 6-9-2009) 10-16-3 Scope The regulations of this chapter shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the city and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this chapter relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the city of Yorkville building code and the city of Yorkville electrical code. (Ord.2009-31, 6-9-2009) [ United City of Yorkville Zoning Ordinance ] [ 1 ] Chapter 20: Signs 10-16-4 Definitions ANIMATED, FLASHING OR MOVING SIGN: Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either f% physically or electronically. Slaw AWNING, CANOPY OR MARQUEE SIGN: A sign that is mounted or painted on, or attached to, an awning, ' canopy or marquee that is otherwise permitted by this chapter. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville building code. BANNER:Any sign made of vinyl,fabric,or similar material that is displayed on a pole or building. National, state or municipal flags, and official flags of any institution or Awning business shall not be considered banners. BILLBOARD: A structure for the permanent display of off premises advertisement which directs attention Sign to a business, commodity, service or entertainment, conducted, sold, or offered at a location other than the lot on which the sign is located. For the purposes of this chapter, this definition does not include off premises sponsorship banners. BUSINESS SIGN:A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. Canopy COLD AIR INFLATABLE DEVICE: An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. CONSTRUCTION SIGN:A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot.A construction sign shall be a wall or freestanding sign. ELECTRONIC MESSAGE DISPLAY PANEL: A separate portion of a lawful sign capable of displaying fixed or changing text, characters,figures or images using light emitting diodes (LEDs), liquid crystal display(LCD),fiber optics, light bulbs or other illumination devices that can be electronically changed by remote or automatic means.The following terms for electronic message display panels shall be defined as follows: Animation: The illusion of movement to drawings, models or inanimate objects by putting separate pictures together to form the illusion of continuous motion. Character:A letter, number, punctuation mark or decimal point. Dissolve: Where static messages are changed by means of varying light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneous to the gradual appearance and legibility of the subsequent message. Fade: Where static messages are changed by means of varying light intensity, where the first message gradually [ United City of Yorkville Zoning Ordinance ] [ 2 ] Chapter 20: Signs reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. Nits:A luminance unit equal to one candle per square meter measured perpendicular to the rays from the source. Scrolling: Where the message is changed by the apparent vertical movement of the letters or graphic elements of the message. Static: Graphics having no motion or movement of any type. Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only that do not include any animation or video. Travel: Where the message is changed by the apparent horizontal movement of the letters or graphic elements of the message. Video: Moving images that are a sequence of images of continuous motion and breaking it up into discrete frames for subsequent display. FREESTANDING SIGN:Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. GRAND OPENING TEMPORARY SIGN: A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going out of business sales do not apply. GROUND MOUNTED/MONUMENT SIGN: A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. IDENTIFICATION SIGN: A sign giving the name and address of a residential building, business, development, industry, or other building or establishment.Such signs may be wholly or partly devoted to a readily recognized symbol.An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. MENU BOARD SIGN:A sign at a remote location on Monument Sign a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be changed j manually without altering the face or surface of the sign. OFF PREMISES SPONSORSHIP BANNER:Temporary signs which display advertisement for sponsors of an event or facility, such as an athletic event or field, on the location where the sign is located. POLE SIGN: A freestanding sign supported by a column or columns whose total width is less than fifty percent (50%) of the sign face depth. PORTABLE SIGN: A movable sign, excluding trailer signs, that is not attached to a structure or affixed to the ground or surface upon which it is located. [ United City of Yorkville Zoning Ordinance ] [3] Chapter 20: Signs Projectin Sign PROJECTING SIGN: A sign which in whole or in part is dependent upon the building for support and projects more than twelve inches (12") from such building, except for awning, canopy and marquee signs. \\� REAL ESTATE SIGN: A sign indicating the sale, rental, lease, or development of �\ the lot, a portion of the lot, or a building on the lot on which the sign is located. \\ A real estate sign shall be a wall or freestanding sign. '� ROOF SIGN: A sign that is wholly dependent upon a building for support or mounted on the roof,which projects more than six inches(6")above the highest point of a building or roof to which it is attached. SANDWICH SIGN OR A-FRAME SIGN: A temporary, portable sign constructed of two(2) boards hinged together toward the top to permit the sign to stand when the bottom edges of the boards are spread; each side of which is no more than twelve (12) square feet. SNIPE SIGNS: A temporary or permanent nongovernmental sign in a public right of way which is tacked, nailed, posted, pasted,glazed or otherwise affixed to a pole,stake,fence,traffic sign,traffic control device, utility pole,tree or the ground. TEMPORARY SIGNS: Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material. TRAILER SIGN:A sign mounted on a chassis with or without wheels. VEHICLE SIGN:Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile,van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. WALL SIGN:A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of,the sign and which does not project more than twelve inches (12")from such building or structure. WIND FEATHER (Also Known As WIND FLAG, TEARDROP BANNER AND BLADE): Fabric or plastic attention getting devices supported by a single pole and having a tall, narrow orientation whose rotation is determined by the wind direction. WINDOW SIGN: A sign which is applied or attached to or located within three feet (3') of the interior of a window, which sign may be seen through the window from the exterior of the structure. (Ord. 2010-04, 1-12-2010; amd. Ord. 2010-18, 4-13-2010; Ord. 2010-25, 6-8-2010; Ord. 2012-38, 10-23-2012) Wall Sign ROOF SIGN Sign e [ United City of Yorkville Zoning Ordinance 1 [4 ] Chapter 20: Signs 10-16-5: Signs Exempt From this Chapter Nothing in this chapter shall be construed as exempting the following signs from the building code or those portions of this code applicable to signs.The following signs are otherwise exempt from regulations of this chapter: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and mounted five feet (5') in height or less on private property regulating on premises traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty two (32) square feet in area, five feet (5') high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other noncombustible material and permanently attached to a building. G. Nonilluminated window signs painted on or covering no more than fifty percent(50%)of the window area,excluding glass doors. H. Real estate signs six (6) square feet or less in area, provided that no more than one such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five feet (5')from any lot line and shall be five feet (5') or less in height and shall not be illuminated. I. Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one sign not to exceed eight (8) square feet in area and five feet (5') in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing", "Beware of Dog" and other similar warning signs four(4) square feet or less in area. L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single-and two-family dwellings and five (5) square feet for multi-family dwellings. M.Garage sale,farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area. N. Building interior signage. O. Political signs.Signs sixteen (16)square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than sixty percent (60%) of the window area excluding glass doors. R. Permanent, nonflashing signs on vending machines, gas pumps, ice and propane storage units. (Ord. 2009-31, 6-9- 2009) [ United City of Yorkville Zoning Ordinance ] [ 5 ] Chapter 20: Signs 10-20-6 General Provisions A. Sign Area: The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height: The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements: Except as otherwise provided, signs shall be located at least five feet (5') from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right of way except as established by the authorized public entity responsible for the right of way. No sign having a height more than thirty inches (30") shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty five feet (25') from the point of intersection of two (2) street right of way lines forming such a corner lot. D. Illumination Of Signs: The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to residential areas shall not be illuminated between the hours of eleven o'clock (11:00) P.M. and five o'clock(5:00) A.M. unless the use to which the sign pertains is open. E. Sign Maintenance:The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards: 1.Signs shall be maintained in a neat and orderly condition and good working order,including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the building and electrical codes as adopted by the city of Yorkville. F.Abandoned Signs:Except as otherwise provided in this chapter,any temporary sign installed fora period of thirty(30)days or more,or any sign which pertains to a time,event,or purpose which no longer applies,shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six(6) months or more.An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. G. Removal Of Signs: Any sign found to be improperly maintained, abandoned or otherwise in violation of this chapter which is not removed or repaired within thirty(30) days of written notice of the code official may be removed by the code official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. (Ord. 2009-31, 6-9-2009) 10-20-7 Prohibited Signs The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. C. Vehicle signs. [ United City of Yorkville Zoning Ordinance ] [ 6 ] Chapter 20: Signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. F. Signs which, by reason of size, location, content,color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "stop", "look", "one-way", "danger", "yield" or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I.Trailer signs, except directional or informational signs exempted by subsection 8-11-5E of this chapter. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving, rotating or animated signs except traditional barber poles not exceeding two feet (2') in height and projecting not more than twelve inches (12") from the building utilized only to identify a haircutting establishment. (Ord. 2009-31, 6-9-2009) 10-20-8 Permitted Signs; Agricultural, Flood Zone and Residential Zoning Districts A. Permanent Signs: 1. Freestanding Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone and residential zoning districts may have one freestanding business or identification sign. Nonresidential uses in the agricultural,flood zone and residential zoning districts on a corner lot with entrances on both streets may have one freestanding sign on each street frontage. Said sign shall be thirty two (32) square feet or less in area,five feet(5') or less in height and set back at least ten feet (10')from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of.The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. 2. Building Mounted Identification Or Business Signs: All nonresidential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right of way. No more than fifty percent(50%)of the building mounted sign area may be composed of a message board sign. Building mounted signage cannot extend more than seventy five percent(75%) of the building facade of the building to which it is attached. 3.Subdivision And Residential Complex Identification Signs:Two(2) permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty two (32) square feet or less in area and eight feet (8') or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two (2) components, one on each side of the street. B.Temporary Signs: 1. Real Estate Signs: On nonsingle-family residential lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5') in height. 2. Residential Marketing Signs: Residential marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve feet (12') in height. (Ord. 2009-31, 6-9-2009) [ United City of Yorkville Zoning Ordinance ] [ 7 ] Chapter 20: Signs 3. Off Site Marketing Signs: Residential off site marketing signs to call attention to and give directions to rest entia developments in Yorkville shall be allowed at no more than four (4) off site locations, and shall be no greater than one hundred (100) square feet in area and twelve feet (12') in height. Signs for a given development may be located in any zoning district provided that there is at least one-fourth (1/4) mile separation from the other off site marketing signs of that development and that no off site marketing sign be closer to a residence than one hundred feet(100'). Off site marketing signs for different developments must be at least two hundred fifty feet(250') from any other off site marketing sign. (Ord. 2010-04, 1-12-2010) 4. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 5. Construction Signs: One construction sign per nonsingle-family lot not to exceed thirty two (32) square feet in area and five feet (5') in height. (Ord. 2009-31, 6-9-2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet(3'x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 10-20-9 Permitted Signs; Business Zoning District A. Permanent Signs: 1. Freestanding Business Signs:On lots less than three(3)acres with one street frontage,one freestanding business sign thirty two (32) square feet or less feet in area and twelve feet 12') or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three(3)acres or larger with one street frontage,one freestanding business sign sixty four(64)square feet or less in area and eight feet(8')or less in height shall be allowed. If the lot has more than one street frontage, one freestanding business sign sixty four (64) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three (3) acres or larger that have a street frontage(s) in excess of eight hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and eight feet (8') or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns,if present,constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of.The sign panel color and type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2010-04, 1-12-2010) 2. Building Mounted Business/Identification Signs: a. Single Use Building: i. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way.The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. ii. In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ [ United City of Yorkville Zoning Ordinance ] [ 8 ] Chapter 20: Signs identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: i. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted business or building mounted identification signage for each such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2)square feet in area for each one linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five percent (75%) of the width of that part of the tenant's exterior wall. ii. In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant's exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a.There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves,fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. (Ord. 2012-38, 10-23-2012) e.The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty(1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty four(24) hours of the malfunction. h.A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick,stone or masonry construction of the principal building's exterior walls. [ United City of Yorkville Zoning Ordinance ] [ 9 ] Chapter 20: Signs i.Table 10.20.01 shows the maximum size of the electronic message display panel. Table 10.20.01 Size of . • Maximum Area of Minimum Time Type of Commercial Building and Location Electronic Message Between Video, Display Panel Animation or Static Text Single commercial tenant building on parcel adjacent to major arterial 32 sq. ft. 5 seconds (Illinois Routes 47, 126, and 71, and U.S. Route 34) Multiple commercial tenant building on parcel adjacentto majorarterial 32 sq. ft. 5 seconds Single commercial tenant building on parcel not adjacent to major 32 sq. ft. 8 seconds arterial Multiple commercial tenant building on parcel not adjacent to major 24 sq. ft. 8 seconds arterial Commercial planned unit development Maximum sign height- 10 feet 75 sq. ft. 5 seconds (Ord. 2012-38, 10-23-2012; amd. Ord. 2012-42, 11-13-2012) B.Temporary Signs: 1. Searchlights: Searchlights. 2. Cold Air Inflatable Devices: Cold air inflatable devices. 3. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square feet in area and eight feet (8') in height. 4. Commercial Real Estate Signs:On commercial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area and five feet(5') in height. 5. Construction Signs: One construction sign per lot not to exceed thirty two (32) square feet in area and five feet (5') in height. 6. Wind Feathers: No limit on the quantity per lot.Time period not to exceed thirty(30) days. 7. Banners: One special business event sign per business not to exceed thirty two (32) square feet in area. 8. Portable Signs: One portable sign per business not to exceed sixteen (16) square feet in area. (Ord. 2009-31, 6-9-2009) 9. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop, or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet(3'x 6') in size and shall face the playing field. Banners mounted on a scoreboard or backstop shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) [ United City of Yorkville Zoning Ordinance ] [ 10 ] Chapter 20: Signs 10-20-10 Permitted Signs; Manufacturing Zoning Districts A. Permanent Signs: 1. Freestanding Business Sign: On lots less than three (3) acres or on lots that face a residentially zoned or used lot with one street frontage, one freestanding business sign shall be allowed. Said sign shall be thirty two (32) square feet or less in area and eight feet(8') or less in height. If the lot has more than one street frontage, one freestanding business sign thirty two (32) square feet or less in area and eight feet (8') or less in height per street frontage with an entrance/exit shall be allowed. On lots three(3)acres or larger with one street frontage, one freestanding business sign shall be allowed. Said sign shall be a maximum of sixty four(64)square feet or less in area and eight feet(8') or less in height shall be allowed. If the lot has more than one street frontage,one freestanding business sign sixty four(64)square feet or less in area and ten feet (10') or less in height per street frontage with an entrance/exit shall be allowed. On lots three(3)acres or larger that have a street frontage(s)in excess of eight hundred feet(800')with two(2) entrances/exits at least six hundred feet (600') apart may have two (2) freestanding business signs sixty four (64) square feet or less in area and eight feet (8') or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns, if present, constructed of the same brick, stone or masonry material that the exterior walls of the principal building are made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than fifty percent (50%) of the freestanding sign area may be composed of a message board sign. (Ord. 2009-31, 6-9-2009) 2. Building Mounted Business/Identification Signs: a. Single Use Building: i. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right of way.The maximum area of such sign shall not exceed two (2) square feet for each one linear foot of the facade of the building with a public entrance. No wall sign shall extend more than seventy five percent (75%) of the width of the building facade to which it is attached. ii. In addition to the signs permitted in subsection A2a(1) of this section, a business on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign on such a wall not exceeding in size one square foot in area for each one linear foot of the width of that exterior wall and shall not extend more than fifty percent (50%) of the length of that exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. b. Multi-Tenant Buildings: i. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right of way shall be permitted to have building mounted business or building mounted identification signage for each such exterior wall that is adjacent or a part of its owned or leased premises. The maximum area of such a sign shall not exceed two (2) square feet in area for each one linear foot of the tenant's exterior wall. No wall sign shall extend more than seventy five percent(75%) of the width of that part of the tenant's exterior wall. [ United City of Yorkville Zoning Ordinance ] [ 11 ] Chapter 20: Signs ii. In addition to the signs permitted in subsection A2b(1) of this section, a tenant on an exterior wall not having a public entrance or facing a public right of way may have a building mounted business/ identification sign, on that portion of a wall that is adjacent or a part of its owned or leased premises. The size of such a sign shall not exceed one square foot in area for each one linear foot of the width of the tenant's exterior wall and shall not extend more than fifty percent (50%) of the length of the tenant's exterior wall. Such a sign shall not be illuminated either internally or externally if that sign faces residential land uses. (Ord. 2012-39, 10-23-2012) 3. Electronic Message Display Panel: a.There shall only be one permitted sign per lot that may contain an electronic message display panel. b. A permanent freestanding business sign may be composed of an electronic message display panel. c. The electronic message display panel shall not make the sign otherwise not in compliance with all the requirements of this title and this code. d. Except for an electronic message display panel in a permitted sign for a movie theater, all other electronic message display panels shall not display video but may display static text and animation that dissolves,fades, scrolls or travels. Between each display shall be the delay indicated in the chart in subsection A3i of this section. e.The brightness of the electronic message display panels shall not be more than five thousand (5,000) nits in the daytime and one thousand seven hundred fifty(1,750) nits in the nighttime. f. Prior to issuing a permit for a sign that contains an electronic message display panel, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory preset not to exceed the levels specified in this section and the intensity level is protected from end user manipulation by password protected software or other method deemed appropriate by the city. g. Malfunctioning electronic message display panels shall automatically turn off or be turned off within twenty four(24) hours of the malfunction. h.A sign with an electronic message display panel shall be constructed with the other components of the sign in a natural material in the same brick,stone or masonry construction of the principal building's exterior walls. i.Table 10.20.02 shows the maximum size of the electronic message display panel. Table 10.20.02 Size of • Maximum Area of Minimum Time Size of Parcels Electronic Message Between Video, Display Panel Animation or Static Text Manufacturing parcel of 3 acres or less 32 sq. ft. 8 seconds Manufacturing parcel of more than 3 acres 36 sq. ft. 8 seconds (Ord. 2012-38, 10-23-2012) [ United City of Yorkville Zoning Ordinance ] [ 12 ] Chapter 20: Signs B.Temporary Signs: 1. Real Estate Signs: On industrial lots, one real estate sign per street frontage no greater than thirty two (32) square feet in area or five feet (5') in height. 2. Construction Signs: One construction sign per industrial lot not to exceed thirty two(32)square feet in area and ten feet (10') in height. 3. Banners/Special Business Event Sign: One banner/special business event sign per business not to exceed thirty two (32) square feet in area and ten feet (10') in height. 4. Portable Sign: One portable sign per business not to exceed sixteen (16) square feet in area. 5. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty(30) days. (Ord. 2009-31, 6-9- 2009) 6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual banners shall be mounted on an outfield fence, backstop or scoreboard. Banners mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in size and shall face the playing field. Banners mounted on a scoreboard shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010) 10-20-11 Nonconforming Signs A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty(60) days after beginning construction. B.Whenever a nonconforming sign has been discontinued for a period of six(6) months, or whenever there is evidence of a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished and the sign hereafter shall be in conformity with the regulations of this chapter. C. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) or more of the replacement value at the time,the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this chapter. In the event the damage or destruction is less than fifty percent (50%) of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time of such partial destruction until the nonconforming sign is otherwise abated by the provisions of this chapter. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty(60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage date hereof. New temporary signs shall be allowed only in conformance with the provisions contained in this chapter. Such signage must be removed by the close of business of the day the temporary sign permit expires. (Ord. 2009-31, 6-9-2009) [ United City of Yorkville Zoning Ordinance ] [ 13 ] Chapter 20: Signs 10-20-12 Permitting Procedures Permits for permanent and temporary signs: (Ord. 2009-31, 6-9-2009) A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the code official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this chapter. The fee for granting such a permit for signs shall be established by the city council. The schedule of fees for signs shall be posted in the city offices and may be amended only by the city council. A deposit of fifty dollars ($50.00) shall be required at the time of permit application for any temporary banner sign, which deposit shall be returned to the applicant upon removal of the temporary banner sign, unless the applicant is in violation of the provisions of this chapter. Routine sign maintenance, changing of parts designed for change, or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. (Ord. 2010-25, 6-8-2010) B. Application For Permit: Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1.A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the city may be required. 2.A plat of survey showing the location of the sign(s)on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4.The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5.The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. (Ord. 2009-31, 6-9-2009) C.Temporary Sign Permit Frequency And Duration Per Business: Table 10.20.03 Temporary Permit Frequency and Duration Type of Sign Maximum Duration Maximum Frequency Banners 30 days 5 times per year Sandwich board or A-frame 6 months Renewable Commercial real estate 6 months Renewable Industrial real estate 6 months Renewable Residential marketing 6 months Renewable Grand opening 45 days Once per business Cold air inflatable device 72 hours Once per year Searchlights 72 hours Once per year Wind feather(per property) 30 days ($25.00) Renewable ($5.00 fee) Construction During active building permit issuance Off premises sponsorship banner 8 months: March through October (Ord. 2010-18,4-13-2010; amd. Ord. 2010-25, 6-8-2010) [ United City of Yorkville Zoning Ordinance ] [ 14] Chapter 20: Signs 10-20-13 Sign Variations In addition to the procedures and standards listed in section 10-14-5 of this code regarding variations from the requirements, the zoning board of appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: A. If the sign was erected legally with a sign permit. B. If there are any unique physical characteristics of the property. C. If there are limited available locations for signage on the property. D.The cost to the applicant of complying with the sign ordinance requirements. E. If the sign is on or faces a street with a forty(40) mile per hour or higher speed limit. F. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day. G. If the sign would be blocked by existing or required landscaping. H. If it is a wall sign facing a public right of way without a public entrance. (Ord. 2009-31, 6-9-2009) [ United City of Yorkville Zoning Ordinance ] [ 15 ] AN Memorandum EST. 1836 -�� To: Zoning Ordinance Commission p� [�, C �� From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: November 26, 2013 Subject: Zoning Ordinance Update—New Business Items Staff has prepared the information below for discussion at our rescheduled meeting on December 4,2013: New Business Items: a) Review and Commentary of Proposed Chapter 19: Alternative Energy Systems Provided in your packets is the existing Chapter 16: Wind Energy Systems and Chapter 17: Small Energy Systems of the City of Yorkville's Zoning Ordinance. Staff is seeking input on the current chapters prior to drafting a final comprehensive Chapter 19: Alternative Energy Systems which will provide regulations for wind and solar energy sources. Also included are articles which discuss various view points of wind energy(mainly Wind Turbines) and their impact on birds. WIND POWER SOLAR POWER T t t Wind Farms Solar Farm AL- Horizontal Axis Roof Mounted Solar Panels Vertical Axis Public Furniture Public Furniture Chapter 16 WIND ENERGY SYSTEMS -- 10-16-1: PRINCIPLES: 10-16-2: GENERAL PURPOSE: 10-16-3: SCOPE: 10-16-4: DEFINITIONS: 10-16-5: GENERAL PROVISIONS: 10-16-6: ROOFTOP WIND ENERGY SYSTEM: 10-16-7: OTHER WIND ENERGY SYSTEMS: 10-16-1: PRINCIPLES: J The provisions of this chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. (Ord. 2009-41, 8-11-2009) 10-16-2: GENERAL PURPOSE: J A. The regulation of wind energy systems by this chapter is intended to promote and protect the public health, safety and welfare by: 1. Requiring the installation of wind energy systems to be consistent with current property development standards of the city. 2. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the city. B. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this chapter: 1. Regulates the size, location, installation, maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. (Ord. 2009-41, 8-11- 2009) 10-16-3: SCOPE: 1 0 The regulations of this chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems defined by this chapter within the united city of Yorkville. The regulations of this chapter relate to the location of wind energy systems, by function and type, within zoning districts and shall be in addition to provisions of the international building code, national electrical code, federal aviation administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all city codes. (Ord. 2009-41, 8-11-2009) 10-16-4: DEFINITIONS: i 0 ROOFTOP WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower or post, and associated control or conversion electronics, which has a rated capacity of not more than ten (10) kW, and which is intended to primarily reduce on site consumption of utility power. WIND ENERGY SYSTEM: Equipment that converts and then stores or transfers energy from the wind into usable form of electric energy, commonly referred to as a wind turbine. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries, or other component used in the system. (Ord. 2009-41, 8-11-2009) 10-16-5: GENERAL PROVISIONS: 0 A. Permitting: 1. The installation of any wind energy system requires a building permit from the united city of Yorkville. 2. In order to receive permit, wind energy systems must be approved by a small wind certification program recognized by the American Wind Energy Association such as the emerging renewables program of the California energy commission or the small wind certification council. 3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costs include, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. 4. A permit is valid for two (2)years following issuance or renewal. At the end of the two (2) year period, the wind energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the wind energy system to be in compliance with this chapter; or c. Determine the system abandoned per subsection G of this section. B. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and federal aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. C. Building Code/Safety Standards: Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for wind energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the united city of Yorkville concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner's expense. D. Noise: The maximum noise level allowed for all wind energy systems shall not exceed fifty five (55) decibels at frequency of one hundred twenty five (125) hertz measured at all property lines. E. Fencing: Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. F. Design: Wind energy systems shall be painted a nonreflective color that conforms to the architecture of the structure to which it is attached. G. Abandoned Systems: All abandoned or unused wind energy systems shall be deemed a nuisance and the united city of Yorkville may act after one month of the cessation of operations unless an extension is approved by the city council. If an extension is not approved, the city may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition within thirty (30)days of removal. (Ord. 2009-41, 8-11-2009) 10-16-6: ROOFTOP WIND ENERGY SYSTEM: i 0 A. Permitted Use: Rooftop wind energy systems shall be considered allowable in all zoning districts except F-1 floodplain district. B. Fees: 1. Permitting Fees: a. Rooftop wind energy systems will be subject to a one hundred dollar ($100.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. C. Mounting: All rooftop wind energy systems shall be controlled in a manner consistent with local building code and as approved by the city code official. A rooftop wind energy system shall be mounted upon the rear face of a sloped roof or to the side or rear facade of a structure. Freestanding towers are prohibited. D. Height: The maximum height of a rooftop wind energy system is eight feet(8') above the highest point of the roofline of the structure it is mounted upon regardless of the zoning district height requirement. E. Diameter: The maximum diameter of the blades or rotor shall be five feet(6). F. Quantity: 1. Residential Districts: Only one rooftop wind energy system is allowed per property. 2. Commercial, Manufacturing And Agriculture Districts: Only one rooftop wind energy system is allowed per property. Any additional rooftop wind energy systems desired by the petitioner shall require special use approval and subject to the special use provisions contained within section 10- 14-6 of this title and applications for special use approval shall be subject to the procedures and requirements of this title. (Ord. 2009-41, 8-11-2009) 10-16-7: OTHER WIND ENERGY SYSTEMS: i 0 A. Special Use: A wind energy conversion system having a rated capacity of more than ten (10) kW shall require special use approval and be subject to the special use provisions contained within section 10-14-6 of this title. (Ord. 2009-41, 8-11-2009) Chapter 17 SMALL WIND ENERGY SYSTEMS 10-17-1: PRINCIPLES: 10-17-2: GENERAL PURPOSE: 10-17-3: SCOPE: 10-17-4: DEFINITION: 10-17-5: GENERAL PROVISIONS FOR SMALL WIND ENERGY SYSTEMS: 10-17-6: SYSTEM REGULATIONS: 10-17-1: PRINCIPLES: The provisions of this chapter recognize that: A. There is a significant relationship between wind energy systems and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. Wind energy systems are a very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. (Ord. 2009-58, 10-13-2009) 10-17-2: GENERAL PURPOSE: J A. The regulation of wind energy systems by this chapter is intended to promote and protect the public health, safety and welfare by: 1. Requiring the installation of wind energy systems to be consistent with current property development standards of the city. 2. Protecting the general public from damage and injury which may be caused by the faulty and uncontrolled and inappropriate use of wind energy systems in the city. B. Accordingly, it is deemed necessary and in the public interest to regulate wind energy systems. To this end, this chapter: 1. Regulates the size, location, installation, maintenance and other pertinent features of wind energy systems. 2. Provides for effective administration and enforcement of these regulations. (Ord. 2009-58, 10-13- 2009) 10-17-3: SCOPE: ZI 0 The regulations of this chapter shall govern and control the site design, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all wind energy systems defined by this chapter within the united city of Yorkville. The regulations of this chapter relate to the location of wind energy systems, by function and type, within zoning districts and shall be in addition to provisions of the international building code, national electrical code, federal aviation administration (FAA) requirements, and all federal and state statutes, laws, rules, and regulations and all city codes. (Ord. 2009-58, 10-13-2009) 10-17-4: DEFINITION: Z 0 SMALL WIND ENERGY SYSTEM: A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than one hundred (100) kW, and which is intended to primarily reduce on site consumption of utility power. (Ord. 2009-58, 10-13-2009) 10-17-5: GENERAL PROVISIONS FOR SMALL WIND ENERGY SYSTEMS: 1 0 A. Permitting: 1. The installation of any wind energy system requires a building permit from the united city of Yorkville. 2. In order to receive permit, wind energy systems must be approved by a small wind certification program recognized by the American Wind Energy Association such as the emerging renewables program of the California energy commission or the small wind certification council. 3. Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this chapter. These costs include, but are not limited to, removal of system, property restoration necessary upon removal of the system, city legal expenses and hearing costs associated with violations of this chapter. 4. A permit is valid for two (2)years following issuance or renewal. At the end of the two (2) year period, the wind energy system must be inspected by the city code official. Following inspection, the code official will: a. Renew the permit if found to be in compliance with this chapter, or b. Order any actions necessary for the wind energy system to be in compliance with this chapter; or c. Determine the system abandoned per subsection G of this section. B. Compliance: Wind energy systems shall meet or exceed current standards of the international building code and federal aviation administration (FAA) requirements, any other agency of the state or federal government with the authority to regulate wind energy systems, and all city codes. C. Building Code/Safety Standards: Any owner or operator of a wind energy system shall maintain said system in compliance with the standards contained in the current and applicable state or local building codes and any applicable standards for wind energy systems that are published by the international building code, as amended from time to time. If, upon inspection, the united city of Yorkville concludes that a wind energy system fails to comply with such codes and standards and constitutes a danger to persons or property, the city code official shall require immediate removal of the system at the owner's expense. D. Noise: The maximum noise level allowed for all wind energy systems shall not exceed fifty five (55) decibels at frequency of one hundred twenty five (125) hertz measured at all property lines. E. Fencing: Requirements will be evaluated with each individual wind energy system application. Fencing requirements will be determined by, but not limited to, location of the system, system type, system design, and location of electrical equipment. F. Design: Wind energy systems and associated tower shall be a nonreflective color. The city council may impose such conditions as are necessary to eliminate, if at all possible, any adverse affects such system may have on surrounding properties. G. Abandoned Systems: All abandoned wind energy systems shall be deemed a nuisance and the united city of Yorkville may act after one month of the cessation of operations unless an extension is approved by the city council. If an extension is not approved, the city may act to abate such nuisance and require its removal at the property owner's expense. After the wind energy system is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition within thirty (30)days of removal. 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' i � Via,: �gcapx:ao-w»axxi.,�,o-a<araacmco-ma#xt��E�69�:#o+�Ed,_x<-#aazas,rx�:srze�+« �#���«x wwcxa�am .�xroaazw&AE��E863E�#��9P�-3"'*��*dE� ��' ''kor:scr.?w'e+mRxcSi�ai6�E�6�9E'845�'#E$:AEA:idE�idEESBx:'?xzcrx9'r ?9E�'9E��E5P'9E��'�+ 0c 3r^6.'#�'9E� X36 R#&36^B�9E� 9E#8'x:sFsx�gg a tc>k tt m xce >o-e!$. abxs�.ax atace xstu+s "o}: �,. >o- .,,...¢..,«ce„eq.• ,orb.%6ms °3�u�4esxeacao-.�-8F�+ ,'x!8aa�ab4�F9&�#�6?s'�.ttamoa*a � •- •�.h:rex�;«� x�r%?r�60� 6� xsmro*x�x->�arm'a:'?oo*�&� �eA:�mA�e�ssmt�:aam ��. # �'a6w'*u '�?�oaa - if.� 7�^.f..•..•r a�$�-Ya�'36 '&'4< 'g_3'ck'4�A—O. ^4*A»O.xi.A'Eo-�x h2969�9E�.xE°9i16: k §c#' »$ �0��»CQ MFM OMRk�440< g:f« ax�bg`-axmzcot:o «�gx-# . c � x x .c � .fix w>y:w-ax:o-«:o- :_sv: : - '� CFA` I •I a.&ka:�:o-o .:yA�AA•#BLwatAEe "#� e w �'°' ?4§�#�` c`�. Mw,�,Ax n x;#aE er836,?cA 5.".K 72�?'":'?9E§5"3 � tt i A,�6"A-'4SV#@ x m�ansz:zo-s� ��`' tczcx>atSa �`- A �t�aat-es 4 a 1 I • � � 1 �. � I I i� 1� 111 a. Small wind energy systems will be subject to the fee schedule for special use applications as defined by section 10-14-9 of this title. Said fee will be payable per wind energy system at the time of the application submittal by the petitioner. b. In addition, small wind energy systems will be subject to a one hundred fifty dollar($150.00) building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. D. Ground Clearance: The tip of any blade shall, at its lowest point, have ground clearance of not less than fifteen feet (15') or one-third (1/3) of the tower height, whichever is greater, aboveground at the base of the tower. E. Distance: 1. The minimum distance between a small wind energy system from all property lines, aboveground utility lines, and roadways shall be a distance equivalent to 1.1 times the total height of the system. 2. Any application which is a part of a small wind energy system, including guywires, shall be set back from all property lines no less than thirty feet (30'). F. Height: All small wind energy systems will be bound by the height restrictions as established per zoning district as defined by this title. G. Yard: Small wind energy systems shall not be permitted in any front yard area as defined by this title. (Ord. 2009-58, 10-13-2009) FarmiWeek Page 12 Monday, February 6,2012 PERSPECTIVES Making a case against wind turbines in Illinois I think there are two groups receive a considerable amount liable for the decommissioning astating it is living close to tur- that are strongly in favor of of money from turbine com- of a wind farrn,it still could be bines. In April 2009,an issue wired turbines: venture capital- panes if they have turbines an ordeal for the landowner. of the Wisconsin State Farmer ists and environmentalists. locally. Yes,they can receive Some people insist that wind included a letter to the editor The first group is taking money,but most of it comes turbines do not devaluate from Tony S. Moyer of Fond advantage of a lucrative situa- from the federal treasury that adjoining property. However, du Lac County that verifies tion;the second is either unin- has underwritten the majority '" it would be hard to convince what the Hulthens family said. formed or misinformed. of the cost of erecting the tut the people in the Township of Environmentalists are very The bine. Lincoln,Wis., of that fact. In concerned about carbon foot- MN SLUNOSON venture It is basically transferring 2003,which was prior to the print. Isn't an enormous car- capital- tag money from one taxing 2006 and 2007 drop in real, bon footprint being created 9000 colvmelst ists are body to another. If it is money estate property,everything with the manufacturing of enthu- from the US.Treasury,then it within one mile of turbines 300-to 400-ton towers and tut- siastic about making money is money that we the taxpayers was selling at 78 percent of bines and then the delivery and with someone else paying the have contributed. assessed valuation,but in the erection of the monstrosities? majority of the freight. The If it is borrowed federal same area prior to the turbines, 400-foot tall wind turbines that money,then it is money that everything had been selling for Don Ellingson liver in Poplar Grove being constructed today future taxpayers will have to 104 percent of assessed valua- in Boone County. cost$2 million each,but the contribute. Either way,very lion. Editor's note.Farm Buream government pays a majority of little of the money comes from Anyone who questions wind supports wind energygenerutioo as a the cost turbine companies. turbine devaluating neighbor component of the energy portfolio of A wind turbine would have When it comes to turbine ing property should ask Real- the US. and zW11seek 1e�islatio�l to to last almost double its life expectancy, the largest only appxoximately 30 percent tors,not wind turbine people. establish stateside standards for expected lifetime to pay for wind farm in the country at the of the tune, they do not cut And',yes,environmentalists commercial mind energy conversion itself and then start creating a time it was constructed,1,600 back much of the generating love the idea of wind turbine& systems that protide adequate protec- profit. However, since the turbines,was built in the mid- capacity for a utility company, Their first thought is,"The don of public healtb and safey and investors pay only about 1/3 or 80s near San Francisco. It did since the company must be wind is free." Is it really free if protectpeivateproperty sights. Such 1/4 of the cost,they eventually not last 25 years and today sits capable of generating the it costs $2 million per turbine standards should includeproper* m ake a profit=again at abandoned.It is not the only needed energy when the tur- to harvest it? setbacks,otbersitiug issues,per else's expense. wind farm that has been aban- bines are not generating In 2010,Prairie Farmer maga- ante bonds, and ensure adegmate Many people think that doned,just the largest. Even if it's in the contract zine quoted the Hulthens fami- firnds are in place for decommission- school districts or counties can Since wind farms operate that the turbine company is ly about how terrible and dev ing. - LETTERS TO THE EDITOR Saying no to pipeline about a dozen guys were work- "Out policy rejecting hemp result. The remaining drones Noah in congressional hear- - — 2 X it _a3 1. _,. .. , .xa Ir— eU- 1._... w.. --I Wind Energy Threat to Birds Is Overblown I Elliott Negin Page 1 of 3 HUFFPOST LIVE 11 r STRFAM LIVE NOW November 25,2013 GREEN Wind Energy Threat to Birds Is Overblown Posted:11/22/2013 9:06 am Like 158 people like this. Wind energy is one of the cleanest, most abundant,sustainable--and increasingly cost-effective--ways to generate electricity. It is also one of the fastest growing electricity sources around the globe. In the United States alone, more than 13,000 megawatts of new capacity was installed in 2012,and by the year's end,there were enough wind turbines to power 15 million typical American homes--without toxic pollutants or carbon emissions. Still,wind has its detractors.One of the most prominent is Robert Bryce, a senior fellow at the Manhattan Institute,a New York City-based, pro -market,anti-government think tank backed by ExxonMobil and Charles Koch,the billionaire co-owner of the coal,oil and gas conglomerate Koch Industries.Over the last few years, Bryce has been bashing wind energy in the pages of the New York Post, Wall Street Journal and other publications,charging that wind turbines are,among other things,ugly, noisy and a threat to public health. But what really seems to stick in his craw is their purported impact on birds. Bryce's October 11 Wall Street Journal column is typical, rehashing an argument he made in a September 2009 column in the same newspaper,in the National Review last May,and the Wall Street Journal again last February.Bryce contends that the wind industry kills a"vast"number of birds every year--especially eagles--and insists the Obama administration is playing favorites,allowing wind developers to go scot-free while"aggressively"prosecuting the oil and gas industry for the same infraction. He calls it a"pernicious double standard." But before you let Bryce's charges ruffle your feathers,you should know that they're wildly overblown.Yes,wind turbines unfortunately do kill some birds, including eagles,and the industry needs to address that fact. But how big a threat do they pose compared with other culprits?You wouldn't know by reading Bryce.Nor would you know that, if you compare the damage various energy technologies do to the environment,wildlife,public health and the climate,wind is one of the most benign. In other words,context is everything,and Bryce doesn't provide it. The Main Culprits Given how Bryce portrays the wind industry,one would assume it's one of the nation's top bird killers. In fact,wind turbines are way down in the pecking order. Besides habitat degradation and destruction,the top human-built environmental threat to our feathered friends are buildings. As many as 970 million birds crash into them annually,according to a June 2013 study in the Wilson Journal of Ornithology. Other studies,according to the U.S. Fish and Wildlife Service(FWS),estimate that every year as many as 175 million birds die by flying into power lines,which electrocute tens of thousands to hundreds of thousands more;72 million are poisoned by misapplied pesticides;nearly 6.6 million perish by hitting communications towers;and as many as 1 million birds die in oil and gas industry fluid waste pits. By contrast,a March 2013 study in the Wildlife Society Bulletin estimates that land-based wind turbines killed as many as 573,000 birds in 2012.That's not insignificant,but certainly not the scourge that Bryce implies. What about the threat wind turbines pose to bald and golden eagles?Turbines certainly are a particular problem for raptors. When they're hunting,they primarily train their eyes on the ground,scanning for prey,and they can be distracted by other http://www.huffingtonpost.com/elliott-negin/wind-energy-threat-to-bir b 4321113.html?... 11/25/2013 Wind Energy Threat to Birds Is Overblown I Elliott Negin Page 2 of 3 raptors encroaching on their territory.Eagles also have limited peripheral vision.All of these factors can spell trouble, especially given the fact that turbine blade tips can spin as fast as 180 miles per hour. In his October 11 column,Bryce cited a study in the September 2013 issue of the Journal of Raptor Research that found that wind turbines in 10 states killed 85 eagles between 1997 and the end of June 2012--79 golden eagles and six bald eagles. That's an average of less than six a year,but most of the deaths occurred between 2008 and 2012 due to industry growth,and the study's authors were quick to point out that the number of turbine-related eagle deaths is likely much higher.The study didn't include wind industry-related eagle deaths in three other states as well at the 1980s-era Altamont Pass in Northern California,which has been killing an average of 67 eagles a year. For discussion sake,let's add the 67 eagle deaths a year at Altamont Pass to the 85 the study confirmed.Over a 15-and-a-half -year period,that would amount to 1,124 dead eagles.That sounds like a lot.But how does that compare with overall non- natural eagle deaths? When an eagle is killed and people find a carcass, FWS asks them to send it to the National Wildlife Property Repository near Denver.About 2,500 show up every year,according to FWS,although certainly more go unreported.Using that number as a benchmark,the number of dead eagles annually from 1997 through June 2012 would amount to approximately 38,750 birds. Based on these admittedly crude estimations,at least 97 percent of the eagle deaths were attributable to causes other than commercial,land-based wind turbines.Often FWS can't determine the exact cause of death,but apparently poachers, transmission lines,pesticides,and lead poisoning from bullet-ridden carrion killed significantly more than turbines. Same Old Same Old FWS is currently investigating 18 wind industry-related bird-death cases and has referred seven of them to the Justice Department.Even so,as Bryce constantly complains,the Obama administration has yet to prosecute a wind developer under the two main federal bird protection laws,the Migratory Bird Treaty Act(MBTA)and the Bald and Golden Eagle Protection Act (Eagle Act).Both the Eagle Act and the MBTA,which covers more than 800 bird species,prohibit anyone from"taking%- hunting,capturing,selling or killing--a bird without a permit. As Bryce acknowledges,however,no previous Justice Department--not even under the fossil fuel-friendly George W.Bush administration--ever took a wind developer to court for violating either bird law.Building and communications tower owners also have been spared.Meanwhile,federal prosecution of the oil and gas industry and pesticide applicators goes back to the 1970s,and the government brought its first case against an electric utility for electrocuting birds in 1998.So perhaps there's a better explanation for the way the laws have been applied than what Bryce calls an Obama administration double standard. The MBTA,which was enacted in 1918,is a strict liability law.That means if you accidentally kill a migratory bird with your car, for example,or a bird slams into your living room picture window,technically you have committed a misdemeanor,despite the fact it was unintentional.But it's impractical to enforce the law that way.The Justice Department will consider legal action only if a violator repeatedly breaks the law and is in a position to take reasonable steps to prevent further harm.Oil and gas companies can easily prevent birds from dying in their waste pits by stretching nets over them.Electric utilities can insulate their transmission poles to prevent electrocutions.But it is much more difficult to remediate skyscrapers or communication towers--or wind turbines,for that matter--once they are in place. Unlike the MBTA,the Eagle Act,which was enacted in 1940,doesn't protect eagles from lawful activities that kill them unintentionally. It only applies to individuals or corporations without a permit that"knowingly,or with wanton disregard for the consequences"take a bald or golden eagle.That makes it much more difficult for the government to prosecute violators than under the MBTA. Prosecution as a Last Resort With either law,prosecution is a last resort.FWS--which has only 230 field agents monitoring wildlife deaths nationwide-- tries to work with violators to fix the problem before it refers a case to the Justice Department. For example,for decades FWS inspectors have been routinely checking for bird carcasses in oil and gas company liquid waste pits,which kill as many as a million birds annually.When FWS agents discover dead birds,they generally notify the responsible company and give it the opportunity to rectify the problem by installing netting or screening to keep birds from landing on the pits. If the company pays a modest fine--usually$500 and an additional$250 per bird--and corrects the problem, FWS will not file a case with a U.S.Attorney's office.That happens only after repeated violations.And even if a company is ultimately convicted and put on probation,the fine is relatively small. Bryce actually cited one of these cases involving repeat offenders as evidence that the Obama administration is"aggressively" prosecuting the oil and gas industry,but he left out some key information that would have undermined his argument. In 2011, FWS filed criminal charges against three companies drilling in North Dakota's Bakken shale formation."One of those companies,Continental Resources,was indicted for killing a single bird"that died in one of its waste pits, Bryce squawked in the Wall Street Journal in February and again in the National Review in May. One bird?!Pretty outrageous,no?But Bryce failed to mention that Continental Resources and the two other companies, Brigham Oil&Gas and Newfield Production Co.,had been flouting the law--and killing birds--for years.The Justice Department merely charged them with violations based on the number of dead birds FWS agents found when they made their last site visit following years of imploring the companies to install nets.No matter,the district court ultimately dismissed the charges,issuing a ruling that squarely conflicts with how the government has traditionally interpreted the MBTA. Making Turbines More Bird-Friendly In his zeal to disparage wind power,Bryce also doesn't credit the Obama administration and the wind industry for what they're doing to address the problem. In response to concerns about increasing turbine-related bird deaths,FWS issued new voluntary guidelines in March 2012 for wind developers to minimize harm to birds and their habitats.The guidelines,which cover siting, h"://www.huffingtonpost.com/elliott-negin/wind-energy-threat-to-bir b 4321113.html?... 11/25/2013 Wind Energy Threat to Birds Is Overblown I Elliott Negin Page 3 of 3 construction,monitoring and operation,were developed with the help of an advisory committee composed of experts from universities,industry,government agencies and conservation groups,including Defenders of Wildlife and the National Audubon Society.(I should note,however,that some groups,such as the American Bird Conservancy,insist those guidelines should be mandatory.) Besides collaborating on the FINS guidelines for new wind farms,the industry is working with conservationists,science groups and government agencies to make their currently operating facilities more bird-friendly.For example,a number of leading wind companies and other industry players are partners in the American Wind Wildlife Institute,which the Union of Concerned Scientists helped launch in 2008.The institute's mission is to"facilitate timely and responsible development of wind energy, while protecting wildlife and wildlife habitat."The main point?You can do both. Other remediation efforts,some admittedly due to lawsuits,also are underway.As a part of a settlement with the California state government and environmental groups,for example,the largest wind power company in the Altamont Pass is replacing thousands of outdated turbines with a lot fewer,taller,more-efficient ones that pose less of a threat to the golden eagles, hawks and other birds that patrol the skies in the area.So far those efforts and other modifications appear to be producing results. Finally,there's one last critical point that Robert Bryce conveniently ignores:Climate change threatens hundreds of migratory bird species,which are already stressed by habitat loss,invasive species and other environmental threats.A 2010 report by FWS and other federal agencies in collaboration with such conservation groups as the National Audubon Society and American Bird Conservancy found that global warming will have an increasingly devastating effect on migratory birds in all habitats.And earlier this year,the National Wildlife Federation published a similar report that concludes unequivocally that climate change today is the most serious threat facing America's migratory birds. Regardless,Bryce--who has called himself an"agnostic"on climate science--likely will continue to attack renewable energy at every opportunity on behalf of his benefactors.And I'm sure the ideologically driven editors at the Wall Street Journars opinion section and the National Review will continue to run his columns. But there's no getting around the fact that we have to wean the world off fossil fuels as soon as possible,and one of the answers,my friend,is blowing in the wind. Update: I posted this blog on Friday morning,November 22,and at the time,no U.S.wind energy company had ever been prosecuted for violating federal bird protection laws.That changed later in the day when the Justice Department announced it had reached a settlement with Duke Energy,which pleaded guilty to killing 14 eagles and 149 other birds at two Wyoming wind farms.As I mentioned in my blog,the U.S.Fish and Wildlife Service has been investigating 18 wind industry-related bird-death cases and referred seven of them to the Justice Department. Presumably one of those seven was the case against Duke. For more on the Duke plea agreement,click here.-E.N. Elliott Negin is the director of news and commentary at the Union of Concerned Scientists. http://www.huffingtonpost.com/elliott-negin/wind-energy-threat-to-bir b 4321113.html?... 11/25/2013 The Possible Effects of Wind Energy on Illinois Birds and Bats Report of the Illinois Department of Natural Resources to Governor Rod Blagojevich and the 95th Illinois General Assembly June 2007 ILLINOIS FA' RE PA RTM E NT Of NATIf RAL RESOU ES Cover Photo: Wind turbines at Mendota Hills, Lee County, Illinois. Photo by Penny L. Shank The Possible Effects of Wind Energy on Illinois Birds and Bats Illinois Department of Natural Resources One Natural Resources Way Springfield, Illinois 62702 June 2007 200/2007 Executive Summary Utility-scale wind-powered electrical generation facilities are rapidly expanding in Illinois,with feasibility studies underway for installations in no fewer than 37 of the State's 102 counties; construction completed for approximately 300 MW of capacity; and construction for an additional 900 MW or more pending in the next two years. The wind-generation industry estimates Illinois can provide up to 9,000 MW from up to 6,000 turbines. Adequate scientific data does not yet exist to affirm or refute the potential biological significance of mortality directly caused by utility-scale wind turbines.While birds are killed through collisions with wind turbines, it is rare that such losses may be significant to particular species. Bats may be in greater jeopardy from wind turbines because two to three times as many bats are killed. Losses of both animals are higher during migration periods. Only one mortality study has been performed at an Illinois wind energy installation. In that case, it is estimated that only one bird per turbine is killed per year. While other avian species were killed, only one raptor(a red-tailed hawk)was killed.However,three times as many bats were killed through collisions.No remains of threatened or endangered avian or mammal species were found. It remains unclear how significant this level of attrition may be. While public attention centers on the apparent threat to birds from collisions with wind turbines, collision mortality is only one of many potential adverse effects to wildlife posed by wind energy installations. Habitat displacement and fragmentation are of potentially greater significance to a wide array of wildlife, including mammals,reptiles, amphibians, fish, and invertebrates. Similarly, natural areas could be adversely affected by erosion, sedimentation,water quality degradation, and shadowing associated with wind turbine construction and operation. One area of concern for Illinois is Lake LaSalle, a cooling lake for a nuclear reactor that is located in an area that has high potential for wind projects. The lake has become an important wintering area for migratory waterfowl because the lake rarely freezes, and surrounding lands provide sufficient food resources if snow cover is not too deep. Impacts to foraging birds could prove significant if a wind project is sited in the area.Although no turbines have been suggested for the Lake Michigan area,this could be another location of concern because it is a known flyway for birds and bats. To better understand the impact of wind farms on Illinois birds,the state could: • Develop a map of areas of concern to highlight protected natural resources and wildlife areas where developers should take extra precautions when developing wind farms, • Fund a major study of bird abundance and richness before and after turbines are constructed at representative sites in the state, and • Fund a comprehensive study of bat mortality around existing wind farms. Until the impacts are better understood,regulatory action for wildlife protection is not recommended. 2 Introduction The Possible Effects of Wind Energy on Illinois Birds and Bats was requested by House Resolution 943 to assess the danger of wind turbines to birds, including threatened and endangered species,in Illinois. While a small post-construction mortality study was just completed in Bureau County(see below),no major on-the-ground study has been conducted in Illinois. To complete this report, staff of the Illinois Department of Natural Resources (IDNR)consulted the scientific literature to try to determine what impact the proliferation of wind turbines could have on birds and bats in Illinois. The wind industry estimates that, on average,two birds are killed by each modern wind turbine in a year's time. This estimate is based on studies at widely-spaced projects around the country. The IDNR does not have the statutory authority to order wind developers to conduct mortality studies after a project is constructed,but it can recommend such studies under the consultation requirements of the Illinois Endangered Species Protection Act and the Illinois Natural Areas Preservation Act. These laws require units of state and local government to consult with IDNR to determine if proposed actions could adversely affect listed species or natural areas. If impact is likely,IDNR recommends steps to minimize or avoid such effects. During consultation with Bureau County for the 33- ti, turbine Crescent Ridge wind project,IDNR recommended that a post-construction mortality study Figure 1.A lone turbine generates 1.5 MW be undertaken. The county board adopted the northwest of Pittsfield,Pike County. recommendation and added the study as a condition Photo:Penny L. Shank for obtaining a permit to construct the facility. The developer hired a private consultant to collect data at the Crescent Ridge facility between August 2005 and July 2006, covering a complete avian migration cycle. The final report estimates that about 31 birds(including one raptor, a red-tailed hawk) and 93 bats were killed during the study period, or an average of one bird and three bats killed per turbine.No carcasses of endangered or threatened species were found. Wind Power in Illinois Electricity derived from alternative sources is a subject of rapidly increasing interest and investment on an economically significant scale. Consequently, converting the kinetic energy of wind to electricity has become a major growth industry. The first requirement for this technology is wind of sufficient intensity and duration to sustain electricity production on an industrial scale. The U. S. Department of Energy has mapped the United States according to five levels of wind resources. Generally,regions experiencing Class Three to Class Five winds are deemed suitable for large wind energy systems. While Illinois has no Class Five winds, it does have a small area with Class Four winds (0.4% of IL with the potential 3 Illinois - Wind Resource Map Best Areas 42° — �,I 42° .00 J* ;Gai The prntl■rflviiydatimatea appNN � - I`�1,;�. only=n araasfr�■ofsignificant --_ .• ••. - !#mington omstnadi�s to lw vnnd. Gammon ? omrde ions include groves of trees and tall buildirgm. In olxJ roped areas the wind resrwroe can be censidereWtr redhead. t / r' ■ 40° ■(Zultw�] * 40, Transmission Lima' VO4" Ma Aftn 4 �=116-981 • '3kiX4d'fe71iF7 En#9Y.WK. t 'r 60 0 10 100 160 13k..bm 1— 0 IL—W 115100 Min Metearologicei�tatnri wanuvind trata � e °'. .■ arlo■ `r} f7 { } Wind PowerClasslfiratidn Wmd Resource Wind Payer Wind Speed® Wglnd Speeds Po.yr Pptanrlal nosey ad 56m at Som a166m cos$ wlma mrg mph E14'3 Neerfiiftod 386-400 &9-7:0 15.5.13.7 •��WE, Good 400-460 7.0.7,3 15,7.18A •A °Wed speedaare basedoa a We6ul kvalued20 1.1-$.08 0f En9W NaWou Rervawab4a EnsrW Laboratory Figure 2. for 3,000 MW of power), in largely rural agricultural areas southeast of Quincy, the Bloomington area, an area north of Peoria,the Mattoon area, and between Sterling and Aurora(Figure 2). Illinois also has a number of areas with Class Three+winds (0.8% of IL with the potential for 6,000 MW of power). All of these areas occur in the central and northern parts of the State.' Figure 3 shows that most of the rest of the state has either fair or marginal wind resources. It might be thought that Class Five and Class Four wind areas in other states would be developed before the Illinois potential was tapped,but Illinois meets the two other requirements for a viable installation: a market, and the means to convey the electricity to it.Most Class Five and Four wind areas are located in areas remote from markets and lack the infrastructure to transport the electricity. Illinois,however,has both the existing power grid infrastructure and nearby markets, as 1 The US DOE wind maps excluded urban lands and environmentally sensitive lands such as state parks and wildlife refuges 4 Illinois- Wind Resource Map }1 Wank W1,A1111 ff.Ql�Ord�° - 1 +a SIB'iirl� �;Ghirag*1 AAFi IrIF All 1 Gal"burg The producWhy estimates app only 10 open areas free of signi cam - m obst uollons to the wind. Common t obstructions include gsavis ai tre&s ; and t. buikdurgs. In obst+ucted ` f areas the win reSV�Car,be - { " ' U ©serwlla• considerably radueed. l r ■ '' l' r 'Charnpa[rgn Transmission Lim' Llecatur VoRage(kV) - -7ti _ .345 —115.161 +T i 69 PAW 'Snlrce-RDI1FT Energy.Inc. 5e 0 64 140 160 KDOmm"rs 91 j 50 75 104 Om Y ;:J Vdp'd1tXr itr MHMx9i0(�f11$IitlGn wih N9ntl Dili � �'' k)n CKy or Town ` Wind Power Clasalficalion k MW R■9 Vma w'.Id Pa-w Wind spgwr -rdsp.id` FO-1W P41l"im 81 50 m it 50 m 8150 m Claw NN� We mph HP Mar�Y1®I 2tb d ,M-&A 12$ 14.,3 r*•#. l, " Fair 344.444 6.4•7.4 1" 1ST d Good 400-Sop 7.0=7.S 17 16.0 -!�# Wind speeds are hexed on a Webul k"Im ol 2.4 U.8-Depadmeni of EneW National RenewaW EnerW Laboratory Figure 3. well as public policies promoting alternative energy sources,making it a regional focus of activity in this emerging industry. With an estimated capacity of 9,000 MW, assuming 1.5 MW machines,Illinois eventually could support roughly 6,000 utility-scale wind turbines on 1,800 square kilometers (about 695 square miles, or 445,000 acres). Each square kilometer could support about 5MW in installed wind capacity. Illinois' Existing Wind Energy Projects Since wind power is not regulated at the state level,the following numbers have been obtained from personal communication with the subject counties. At present, Illinois' utility-scale wind- power capacity is approaching 300 MW. Facilities range from a single 1.5 MW turbine operated by a rural electrical co-op near Pittsfield(Pike Co.)to the recently completed 110-turbine 150 MW 5 Phase I High-Trails facility east of Bloomington. Smaller arrays such as the 33-turbine 50 MW Crescent Ridge project(Bureau Co.) and the 62-turbine 50 MW Mendota Hills facility(Lee Co.) are also in operation. Construction permits have also been issued for the following: ■ 110-turbine 150 MW Big Sky project in Lee County, ■ 110-turbine 150 MW White Oak project in McLean County, ■ 100-turbine 200MW Camp Grove project in Marshall and Stark Counties, ■ 110-turbine 150 MW Phase I Bishop Hill project in Henry County, ■ 160 turbine>200 MW High Trails Phase II in McLean County. When completed in 2007 and 2008,Illinois turbine arrays will be producing about 1,200 MW of wind-generated electricity. Projects vary in ownership from fairly small local corporations to consortiums of large multinational energy and investment firms. Typically, a wind-power developer will execute long- term leases with existing landowners rather than purchase land outright. The developer will then pursue zoning and permitting with local governments (usually counties). Once a project is built, it is not unusual for it to be sold or transferred to another corporation that specializes in operations. Typically turbines must be spaced about one-quarter mile apart to avoid turbulence from adjacent machines. Each turbine is mounted on a deep foundation and is serviced by a gravel access road. This requires about one-quarter acre per machine. Turbines are linked to each other through land- lines that run underground and feed electricity to a step-up transformer at a substation,which boosts the voltage to be compatible with the receiving electrical grid. Most turbines in use today are mounted on tubular steel towers without external supports,usually about 260 feet high to the nacelle containing the generator. Each turbine mounts three blades, or vanes,up to 120 feet long,the pitch of which can be varied to control the generator's speed. The maximum height for any turbine proposed in Illinois is about 465 feet when a vane is in the vertical position, and the blade sweep is usually more than 100 feet off the ground. Turbines can begin operating in winds as light as 8-10 mph,but the blades must be"feathered"in winds higher than 48-50 mph to avoid damage to the generator.Most are designed to withstand wind speeds up to 100 mph and have an expected life-span of up to 30 years. Three distinct markets exist for wind energy technology: residential, small business, and commercial utility. Residential systems typically produce power sufficient to supply all or some of the needs for a single-family home and are scaled accordingly. Their environmental effects are highly-localized,but could be significant if such turbines become common or highly concentrated. Small business systems supply the energy needs of individual farms and small businesses,ranging from a few kilowatts up to one megawatt in capacity.Usually, such installations consist of single turbines which create little apprehension about their adverse environmental effects. Utility-scale wind generation systems employ large turbines,usually with a capacity of one megawatt or greater, in tandem arrays covering many square miles. They produce electrical power for wholesale distribution to consumers via the national power grid. It is concern about the individual and cumulative environmental effects of commercial utility systems that prompted this report. Potential Projects The Illinois Endangered Species Protection Act and the Illinois Natural Areas Preservation Act require local governments to evaluate,by consulting with the IDNR,whether actions they authorize, fund or perform will jeopardize threatened or endangered species or adversely modify their habitat, or adversely modify a natural area on the Illinois Natural Areas Inventory. If an impact is likely,IDNR recommends steps to minimize or avoid the impact. Developers also 6 frequently submit `Information Requests' during facility planning to determine what protected natural resources might be in a proposed project PP ° location. MILL Over the past several years,requests for either "E ...... information or consultation have been submitted .EP .—E to IDNR for portions of 37 counties (Figure 4). LM„— Through personal communication with county "a °R .°°°°° officials,the IDNR is aware that zoning has been --E<< �LE"„ approved or is being sought for a number of significant projects in Henry,Lee, Ogle, Stephenson, and Woodford Counties. Feasibility and environmental studies are underway for " E°°"P projects in Adams, Champaign,Logan,DeKalb, "EEwE —I"„ „-, Iroquois,LaSalle,Livingston,Ford,Knox, -L ” Mercer,Warren,Jo Daviess,Bureau, and Coles �E ,"°"" ° Counties. Henry County expects to issue construction permits for up to 700 turbines within the next year. „E Some areas,however, are setting limitations on P-y ", wind energy development. The Boone County "„”' Board denied a 15-turbine project, citing concerns �w LNe -"" about impacts to adjacent agricultural operations. Ogle and Stephenson Counties are defending lawsuits against zoning decisions in favor of wind facilities which have created uncertainty about several projects. The Town of Chatsworth in Figure 4. Blue counties have conjirmed or Livingston County has banned wind turbines potential wind projects. within 1.5 miles of the city limits,while the Town of Normal formally opposes any turbines within seven miles of the city. Potential Effects on Wildlife The following summary is based on recent authoritative review articles(see Bibliography) available to Illinois Natural History Survey staff. Much of it is based on findings in other states and countries because no scientific studies on flying bats and birds near wind turbines have been conducted in Illinois. The only study available is the mortality monitoring study at the 33-turbine Crescent Ridge Wind Power project in Bureau County. It should also be noted that because limited research is available about the behavior and ecology of many of the species in question,most of the studies do not provide conclusive information. Direct impacts Both the wind turbines and the power lines associated with them are possible hazards for flying wildlife. Collisions,probably with the moving turbine blades, are evidenced by finding dead or injured bats and birds on the ground in the vicinity of turbines. Other bats and birds could be injured and die later some distance away,but these remain undocumented. The following information is organized by groups of species that could be most impacted by wind energy in Illinois. 7 Bats Bats are probably the creatures most affected by wind turbines in areas like Illinois. They appear to be especially subject to harm during migration to hibernation sites or to southern regions in August and September. Although migratory bats are many fewer in number than night-migrating birds, perhaps 10 times as many bats as birds are killed at wind turbines at upland sites. Substantial bat fatalities are documented in Europe; on mountain ridges in the eastern USA; in agricultural areas in Minnesota, Iowa, and Alberta, Canada; and in Oklahoma. According to the latest summaries,bat fatalities in open areas(such as the Midwest) are somewhere between the low values in the West (1-2 bats/turbine/year) and the high values in the Appalachians and Alleghenies(46 or more bats/turbine/year), and are concentrated around the month of August. Data from Alberta and Oklahoma suggest that the presence of nearby trees does not add to the hazard for bat kills at wind power facilities;wind turbines in open areas kill bats. Indications are that bats are killed or injured as they actively approach or remain near the turbines in some undefined fashion. The migrating bats fly close—and may actually be attracted—to the rotating blades and perish close to the turbine support structure,particularly in the first part of the night. Sometimes,but not always,they show evidence of injury caused by impact. Very recent scientific studies have used special equipment to film bats flying very near turbine blades and being knocked out of the sky. Bat kills also do not appear to be influenced by FAA-mandated flashing or pulsing lights on wind turbines. Limited information suggests that the rotating blades harm the bats rather than the stationary support structure(monopole).No specific studies have been completed,but there is some evidence of lower mortality when blades were feathered. Recent reports of bats "deterred" from radar facilities are questionable and do not represent a potentially feasible way to repel bats from wind turbines. The conservation implications of wind turbines on populations of migratory bats are unknown. However,most species of bats are especially vulnerable to additional mortality because of their low reproductive rates. Appendix 1 provides more detailed observations on bat mortality. Hawks and eagles Locally-breeding raptors are attracted to prey species that are in turn drawn to the base of the turbines for certain kinds of shelter and food. The birds are killed while flying near the turbines, looking downward for prey and failing to avoid the turbine blades. Carcasses of these large birds, which are protected by statute, attract attention when they fall in open areas. Daytime-migrating birds Daytime migrants are most at risk where they concentrate on a narrow migration path, such as at Altamont Pass in California. Such sensitive migration routes are not numerous in Illinois,but they do exist. For instance,the western shore of Lake Michigan funnels migrating raptorial birds into and past the Chicago area every year, as documented by visual counts and by Illinois Natural History Survey scientists using radio tracking. Some species of birds,notably Blue Jays, follow restricted,traditional routes in their migration(documented by Richard Graber of the INHS). Offshore Lake Michigan may be another such location of higher concern for both daytime birds and nighttime migrants. Night-migrating birds While the numbers of night-migrating birds that are killed by one turbine in a year are not expected to be large,the overall impact of a large number of turbines could be cause for concern. These kills are prohibited under the Federal Migratory Bird Treaty Act,but few serious measures to reduce the danger have been suggested. Reports in the last few years indicate that the great preponderance of mortality in at least some populations of songbirds occurs away from the breeding and wintering 8 areas,presumably during migration. This has resulted in a greatly increased appreciation of migratory hazards in bird conservation. Like kills of bats,most of the evidence on kills of nocturnally-migrating birds comes from searching for carcasses at dawn. This provides a crude estimate of the numbers of birds killed but little indication of the circumstances and cause of the kills. Based on sparse evidence, it is thought that such mortality is primarily due to chance encounters with a turbine's revolving blades 100-450 feet above the ground. The number of birds that migrate at these heights is not as well understood as one might expect,but during cruising flight many or most birds fly higher than the maximum blade height of current wind turbines. Important exceptions include takeoff(usually at dusk), descent, and landing(usually in the second half of the night), and perhaps nights with a low cloud ceiling. Cloud height may induce birds to fly lower and FAA-mandated lighting on wind turbines may prove to be a factor on some cloudy nights, as it is with tall broadcast towers. Unfortunately, few studies of bird or bat fatalities at wind turbines have been intensive enough to come to firm, useful conclusions about the interaction of low clouds,migrating vertebrates, and wind turbines. Certainly no mass kills in a single night, such as can occur at tall guyed broadcast towers,have been documented at terrestrial wind turbines in North America. Local birds in flight Some studies have documented that local water birds may avoid feeding in areas near wind turbines. On the other hand, other studies have indicated that wind turbines near wetlands, or other areas of waterfowl concentration,may pose hazards for arriving or departing birds. On one November evening,more than 50,000 ducks were observed returning to Lake LaSalle after feeding. R.Diehl from the Illinois Natural History Survey had to stop counting the ducks when darkness fell. Figure 5, an image from the National Weather Service radar at Romeoville overlaying the Illinois Land Cover map, illustrates the masses of ducks at Lake LaSalle. The triangular mass in the 16i:9 CST, 1.1 .L c 1R k '■ _ - r �' e ,J j v, ML # ! j . I F _ •' t Figure 5.Radar image from Weathertap,Inc. 9 + " V t s. w.. a WIt son Figure 6 Radar track of part of a display flight of a male Upland Sandpiper in east-central Illinois. lower part of the image shows the mass of ducks(white area at the top of the triangle)beginning to arrive at Lake LaSalle, at the bottom of the triangle. Other red and white areas are probably concentrations of other unidentified flying birds. Other,grassland birds During a courtship display,birds such as the Upland Sandpiper, a state endangered species, and the Prairie Horned Lark fly at the height of a rotating turbine. If a male's territory or display ground (lek)exists near a turbine,the bird will be at risk. Figure 6 is a radar track of part of a display flight of a male Upland Sandpiper in east-central Illinois. On an evening in mid-June,the bird was engaged in typical courtship. It sang while flying and hovering aloft, a behavior that occurs frequently during breeding season,both day and night. Like most Upland Sandpiper display flights over eastern Illinois grasslands,this entire track took place within or slightly above the height range of modern wind turbine vanes. Habitat disturbance, removal, and fragmentation In Europe, impacts on bird habitat from turbine construction are generally of greater concern than direct collision-caused mortality of flying birds, and this is also true in Illinois. In the Midwestern USA,however, such impacts have not been well studied;the brief bird counts and habitat surveys that have been conducted do not provide data on subtle but lasting effects. Forest In forest, about four acres or more are cleared for each wind turbine,not including access roads and power lines. This fundamentally changes the nature of the land cover and creates habitat fragments and edge,which can be deleterious for some important species. For instance, extensive work in southern Illinois shows that forest-breeding birds exhibit decreased nesting success because of disturbance by the Brown-headed Cowbird when forest is broken up. Many of these forest-loving birds are members of species in decline and thus of special concern in the whole region. Some of the bat species killed by direct collisions with turbines are also adversely affected when sites for roosting and raising young are destroyed. Currently,no proposed or likely turbine sites in Illinois are located near large blocks of forested area. 10 r.Ul helpht 3o-1-to aoX? .. Total hetght aoa• Rater diomeer L 'c70 2cta•diamc 1.5 to 1.8 MW Turbine 660 Kw Turbine 5010 KW Turbine Cutting edge technolo y nth.mid-905 Farm Windmill Figure 7.Modern wind turbines(center)are visible from a long distance. Illustration by Rob Manes, The Nature Conservancy,Kansas Grassland On grassland,prairie grouse and their relatives, specifically the state endangered Greater Prairie Chicken,would be at risk in a small area of south-central Illinois. Grouse and their relatives, including prairie chickens,breed communally on traditional"leks"or booming grounds. In other states,when large structures have been constructed,the females ceased visiting the breeding grounds,turning off reproduction for the population. The radius within which this happens has been estimated at about one mile from the structure for Sage Grouse but is not known for Greater Prairie Chicken. In addition,prairie chicken mortality from direct collision with obstacles such as fences and power lines has been a problem in other states. However, all of the Illinois Greater Prairie Chicken populations exist on lands owned by IDNR and various conservation organizations that are managed as refuges for the species. The lands are also dedicated as Illinois Nature Preserves or registered as Land and Water Reserves. It is unlikely that IDNR or the other steward organizations would allow wind turbines on such land. Studies in Minnesota indicate that densities of other grassland birds are reduced several-fold near turbines,but the distance of such effects is poorly understood and little research has been published in the US. If wind energy facilities were to be built between populations of grassland birds,they have the potential to isolate populations from each other,thereby creating barriers to genetic interchange. It is unknown if the noise of wind turbines has any effect on grassland birds. In general, grassland is relatively rare in Illinois. Other wildlife besides flying species can be affected by the construction and operation of wind turbine arrays.No direct information is available on how the state-threatened Franklin's Ground Squirrel, a grassland mammal,would react to wind turbines. In the western USA, ground squirrels in the same genus have displayed altered behavior near wind turbines,perhaps because of the noise generated by the machines. 11 Agricultural land Agricultural land continues to be attractive to the wind energy industry in Illinois and wildlife habitat effects on farmland should be minimal. However,they may not be absent. Wind turbines generate turbulent wakes that alter local air flow,temperature, and humidity. These alter soil properties and forest structure downwind and probably have direct effects on plants as well as both flying and ground-dwelling animals. Flicker Sunlight passing through the rotating vanes of a wind turbine creates a periodic shadow, a strobe effect which has become popularly known as"flicker."If a three-vane turbine were rotating at 20 rpm, an observer in its shadow could count a passing shadow every second. This rate is low enough that the alternation between light and shadow is easily perceived by both people and wildlife. Like other shadows, flicker is experienced for only a few hours (or minutes,very early or very late in the day) at any given location as the sun traces its arc across the sky. The intensity of its effect is moderated by atmospheric conditions (e.g., clouds,haze), and refraction and diffusion caused by air molecules decrease the contrast between light and shadow with distance. In theory, a shadow from a utility-scale turbine could reach half a mile at sunrise or sunset,but in practical terms perceptible shadows may extend only half that distance. Because the"path"of the shadow can be reliably predicted,the flicker effect can be a factor in determining turbine placement. Flicker's effect on people is addressed by nearly every local ordinance governing wind turbine siting.Most ordinances (which also consider noise)require turbines to be sited no nearer than 500 feet from the occupied residence of a participating land owner(who presumably has more tolerance for any irritation it may cause), and usually require turbines to be sited more than 1,000 feet from a non-participating land owner. These requirements may require a turbine to be sited in a less-than- ideal position relative to topography and wind. If equal consideration were to be given to potential effects on wildlife habitat,turbine siting could become more difficult. Many species tend to avoid human structures, and are more likely to be present in those areas where turbines are sited. Flicker is one factor which may affect wildlife and its use of available habitat. Those few studies which have been conducted generally observe changes in wildlife behavior in response to wind turbines without attempting to distinguish the effects of verticality,noise,motion, or flicker. Species of birds and small mammals which require open grasslands and are often preyed upon by raptors may be most affected by flicker. In such an environment, a rapidly moving shadow can indicate the presence of a bird of prey.Whether a constantly repeated shadow is tolerated, or elevates levels of stress in prey species, or even potentially results in habitat exclusion, is unknown. Verticality Verticality is not tolerated by some species,probably because vertical objects,be they natural or man-made, are perceived to offer perches for predators. Prairie Chickens and Henslow's Sparrows offer two examples of species which are intolerant of any vertical structure. Cumulative impacts Unfortunately,no published projections of cumulative impacts are available for Midwestern states like Illinois. In the mountainous eastern USA,however,various wind energy facilities are projected to kill from 6,000 to 25,000 birds (both migratory and resident)each,per year. Total bat fatalities in the four-state mid-Atlantic region are projected to be approximately 30,000 to 100,000 animals per year based on projections of growth of wind energy as a source of electricity. Illinois is only a single state but its projected growth in wind energy is comparable to the vigorous growth on which the mid-Atlantic projections are based. Many authorities have noted that as wind energy continues to expand the cumulative rate of mortality of endangered and threatened species rises steadily. 12 f f s>_ Figure 8. The 800 kW turbines at Mendota Hills are the smallest size generally used in a utility-scale project. Photo:Penny L. Shank Endangered Species In the instances when IDNR has consulted on wind energy projects,potential adverse impacts to state-listed bird species have arisen only once, for Henslow's Sparrow and Loggerhead Shrike at the Bishop Hill project in Henry County. The state-threatened Henslow's Sparrow is an area- sensitive grassland species that requires large open tracts. Henslow's Sparrow may be displaced or excluded from otherwise suitable habitat by vertical structures, such as wind turbines, and by the incursion of roads,which create breaks in the habitat that they will not tolerate. The Loggerhead Shrike, also a threatened grassland bird,requires an interspersion of grassland and trees,which is often provided by fencerows. Shrikes can be affected by the removal of fencerows for construction or the elimination of wind turbulence. At Bishop Hill,the developer decided to seek Incidental Take Authorization for both species. Terrestrial and aquatic plants and animals can also be impacted by turbine arrays. For example,the Big Sky project in southern Lee County is sited on a long glacial ridge. The original proposed array impinged on the Ryan Wetlands and Sand Prairie Natural Area,known to support two state listed species,the threatened Blanding's Turtle and Regal Fritillary Butterfly. The need for deep excavations for the turbines raised a concern that the confining layer of clay which created these perched wetlands might be penetrated, causing the wetlands to drain. There was also concern that construction could damage or destroy nesting areas, and that construction traffic might kill butterfly larvae on the ground, collide with adult butterflies, or damage the specific host plants on which the Regal Fritillary depends. Through consultation,the developer created a one-quarter mile buffer area around the Natural Area and relocated several turbines. These measures were sufficient to protect the wetlands from damage and to avoid the likely densest concentrations of turtles and butterflies. The developer also hired 13 biologists to study the matter further.Based on their findings,the developer sought Incidental Take Authorization for the Blanding's Turtle and Regal Fritillary Butterfly, in case the precautionary measures did not prevent a taking of either species. Recommendations The National Research Council, an arm of the National Academy of Sciences,recently concluded that,while data are lacking at many sites, so far there is no evidence that wind turbine fatalities will cause measurable demographic changes to bird populations nationwide. Even so, in 2003 the US Fish and Wildlife Service issued interim guidelines on avoiding and minimizing wildlife impacts from wind turbines. It was intended to help Service personnel provide technical assistance to the wind energy industry. In addition to site development and turbine design and operation recommendations,the guidelines also recommend: • Site evaluations at potential development sites to determine risk to wildlife, • Post-construction monitoring at all developed sites to identify any wildlife impacts, • Updating bird strike avoidance equipment as it becomes available. Wind farm regulation is still a developing area, and the costs and benefits of such regulation need to be better understood before they are considered. In the meantime, Illinois could: • Develop a map of areas of concern to highlight protected natural resources and wildlife areas where developers should take extra precautions when developing wind farms, • Fund a major study of bird abundance and richness before and after turbines are constructed at representative sites in the state, and • Fund a comprehensive study of bat mortality around existing wind farms. Bibliography Arnett,E.B.,K. Brown,W.P. Erickson,J. Fiedler,T.H. Henry, G.D. Johnson,J. Kerns,R.R. Kolford, C.P.Nicholson, T. O'Connell,M. Piorkowski, and R.J. Tankersley. 2007 submitted. Patterns of bat fatalities at wind energy facilities in North America.Journal of Wildlife Management. Arnett,E.B.,D.B. Inkley,D.H. Johnson,R.P. Larkin, S. Manes,A.M. Manville,R. Mason,M. Morrison,M.D. Strickland, and R. Thresher. 2007 in review. Impacts of wind energy facilities on wildlife and wildlife habitat.Number, The Wildlife Society,Bethesda,Maryland Report Technical Review 07-01. Anderson,R,M. Morrison,K. Sinclair, and D. Strickland. 1999. Studying wind energy/bird interactions: A guidance document. Washington,D.C.:National Wind Coordinating Committee. General Accounting Office. 2005. Wind power: Impacts on wildlife and government responsibilities for regulating development and protecting wildlife.Number,United States Government Accountability Office,Washington, D.C. Report GAO-05-906. Johnson, G.D. 2005.A review of bat mortality at wind-energy developments in the United States. Bat Res News 46:45-49. Kunz, T.K.,E.B. Arnett,W.P. Erickson,R.P. Larkin,M.D. Strickland,R.W. Thresher, and M.D. Tuttle. 2007 in press. Ecological impacts of wind energy installations on bats: Questions, hypotheses, and research needs.Front Ecol Environ. Kunz, T.H,E.B. Arnett,B.M. Cooper,W.P. Erickson,R.P. Larkin, T. Mabee,M.L. Morrison, M.D. Strickland, and J.M. Szewczak. 2007 in review. Methods and metrics for studying impacts of wind energy development on nocturnal birds and bats.National Wind Coordinating Committee,Washington,D.C. 14 Larkin,R.P. 2004. Wind power issues in Illinois. White paper, 2 pp. Larkin R.P. 2006. Migrating bats interacting with wind turbines: What birds can tell us.Bat Research News 47:23-32. Larkin,R.P.,B. Cooper,W.P. Erickson, J.P. Hayes,J. Horn, G. Jones, T.H. Kunz,D.S. Reynolds, and D. Strickland. 2007 submitted. Ecological impacts of the wind energy industry on bats: Methods and research protocols.Front Ecol Environ. National Academy of Sciences. 2007. Environmental impacts of wind energy projects.National Research Council,Washington,D.C. United States Department of Energy. 2007. Energy Efficiency and Renewable Energy. http://eere.energy.gov/windandhydro/windpoweringamerica/where_is_wind_Illinois. United States House of Representatives Natural Resources Committee. 2007. Hearing on Wind Turbine Impacts on Birds&Bats by the Fisheries,Wildlife, and Oceans Subcommittee. Washington,D.C. Wolfe,D.H.,M.A. Patten, E. Shochat, C.L. Pruett, S.K. Sherrod. (In Press)Causes and patterns of mortality in Lesser Prairie-Chickens and implications for management. Wildlife Biology. 15 Appendix. Bats and wind turbines Many studies indicate that bats are more at risk from wind turbines than are birds,whether resident or migrating. Following are excerpts from some of these studies. • In the U.S.,bat mortality has been documented at wind farms in several states, including Iowa, Wisconsin,Minnesota,Tennessee,Pennsylvania,West Virginia,Wyoming, California, and Oregon. • At turbines in southwest Minnesota 177 bat carcasses and 40 bird carcasses were found during a two-year period. In north-central Iowa,seven bird carcasses and 75 bat carcasses were found in survey transects during two years. In northeastern Wisconsin,the number of bat carcasses found at two wind farms was nearly three times higher than the number of bird carcasses. • Most casualties at wind turbines in the U.S. have been members of three highly migratory bat species,the hoary bat(Lasiurus cinereus), eastern red bat(Lasiurus borealis), and silver-haired bat(Lasionycteris noctivagans). However, at least 11 species have been found dead at U.S wind turbines. These include four other species known to occur in Illinois: the little brown bat (Myotis lucifugus),northern bat(Myotis septentrionalis),big brown bat(Eptesicus fuscus), and eastern pipistrelle(Pipistrellus subflavus). • Much of the bat mortality at wind turbines has been documented during late summer and autumn and is thought to coincide with dispersal and migration. Peak bat mortality occurred during August at wind farms in northeastern Wisconsin and north-central Iowa. However,bat mortality at those two wind farms also was relatively high during July,presumably prior to migration. Dead bats were found at Iowa and Minnesota wind farms during June as well. • Few studies have compared bat mortality or activity at different types or arrays of turbines. In northeastern Wisconsin,bat mortality was higher at a facility where 14 turbines were arranged in three rows within 1.5 km of each other than at a second facility where 17 turbines were arranged in two irregular clusters approximately 3.5 km apart. At wind farms in Pennsylvania and West Virginia,higher than average numbers of dead bats were typically found at turbines near the end or center of a line. The only turbine(out of 64) at the Pennsylvania and West Virginia facilities where no dead bats were found was not operational during the study period. In southwest Minnesota,there was no significant difference in the number of bat fatalities per turbine at lighted(FAA non-pulsating red lights)and unlighted towers. At Pennsylvania and West Virginia wind farms there was no significant difference in the number of bat fatalities or activity at lighted(FAA pulsating red lights)and unlighted towers. In north-central Iowa,bat mortality and activity did not differ significantly between turbines with pulsating and non- pulsating red lights. • In Pennsylvania and West Virginia,the majority of bats died during nights when wind speeds were low,but turbines remained operational. Turbines at one facility in northeastern Wisconsin were turned off during periods of low wind in 2000. The number of bat carcasses found that year was one-third of the number found in 1999. The number of bat carcasses at a second wind farm,where turbines remained on when winds were low,was essentially identical during both years. Inclement weather did not seem to have an effect on bat mortality at Minnesota wind farms,but the number of fatalities increased just before and after storm fronts in Pennsylvania and West Virginia. A 2004-2009 study coordinated by Bat Conservation International,Inc. determined that bats are more active on low-wind nights. Activity decreases by 11 to 39 percent for each meter-per- second increase in wind speed. These results were replicated in Pennsylvania,Wisconsin, and New York. Using this information, it has been suggested that"feathering"turbine blades 16 (turning them parallel to wind so they remain essentially immobile) on low-wind nights can save a great many bats. This strategy needs further testing to determine its true effectiveness and economic viability. • The highest levels of bat mortality have been documented at wind farms in Tennessee, Pennsylvania, and West Virginia,where the turbines are situated on forested mountain ridges. High mortality could be the result of forest fragmentation or of bats using linear landscape features as migration corridors. Intermediate levels of bat mortality were found at Midwestern wind farms in southwestern Minnesota,north-central Iowa, and northeastern Wisconsin,which are located in agricultural areas. In Minnesota,bat activity was higher in nearby woodlands and wetlands than at turbines. However, activity was detected at 47%of 135 turbines in 2001 and 38%of 81 turbines surveyed in 2002. Wind farms surveyed in the western United States were located in open habitats (e.g. short-grass prairie,cropland, desert shrubland)and had relatively low levels of bat mortality. As part of an in-depth field study conducted by Bat Conservation International, Inc.,the Mountaineer Wind Energy Center in West Virginia concluded that its 44 turbines on a forested ridge-top killed between 1,364 and 1,980 bats in just one(1) six-week period in 2004. While mounting evidence suggests that forested ridges in the eastern United States are "high-risk" sites, a recent report of high bat kills at a wind farm in Alberta, Canada is especially disturbing because it is located on open prairie habitat,which,until this point,has been considered safe for bats. • Several hypotheses about the cause of bat collisions with wind turbines have been advanced. For example,bats may fail to detect turbines acoustically or visually. Alternatively,bats may actually be attracted to wind turbines. Thermal imaging at a wind farm in West Virginia has shown bats flying close to both moving and stationary blades.Bats also were observed landing, or attempting to land, on non-moving blades and turbine masts. Some researchers found decreased levels of bat activity at radar installations in Britain and suggested that electromagnetic fields might deter bats from collisions with wind turbines. Others have explored the possibility of acoustic deterrence—could an artificially produced ultrasound signal act as a"no trespassing" sign to keep bats away from turbines?The principle objective is to produce high-amplitude "jamming" sounds. Initial field tests suggest that the device does impact bat behavior and that some version of this "jamming" device might help prevent bat kills at wind turbines. Appendix Bibliography Arnett,E.B. (technical editor). 2005. Relationships between bats and wind turbines in Pennsylvania and West Virginia: an assessment of bat fatality search protocols,patterns of fatality, and behavioral interactions with wind turbines. Final report submitted to Bats and Wind Energy Cooperative. Bat Conservation International,Austin, TX. 167 pp. Crawford,R.L. and W.W. Baker. 1981. Bats killed at a north Florida television tower: a 25-year record.Journal ofMammalogy 62:651-652. Erickson,W.P., G.D. Johnson, M.D. Strickland, and K. Kronner. 2000. Avian and bat mortality associated with the Vansycle Wind Project,Umatilla County, Oregon: 1999 study year. Technical report prepared for Umatilla County Department of Resource Services and Development,Pendleton, OR. WEST, Inc., Cheyenne,WY. 21 pp. Erickson,W.P., G.D. Johnson, M.D. Strickland,D.P.Young, Jr.,K.J. Sernka, and R.E. Good. 2001. Avian collisions with wind turbines: a summary of existing studies and comparisons to other sources of collision mortality in the United States.National Wind Coordinating Committee Resource Document.National Wind Coordinating Committee,Washington,D.C. 17 Erickson,W.P., G.D. Johnson,D.P. Young,M.D. Strickland,R.E. Good,M. Bourassa,K. Bay, and K.J. Sernka. 2002. Synthesis and comparison of baseline avian and bat use,raptor nesting and mortality information from proposed and existing wind developments. Final report prepared for Bonneville Power Administration,Portland, OR. WEST, Inc., Cheyenne, WY. 124 pp. Fiedler,J.K. 2004. Assessment of bat mortality and activity at Buffalo Mountain Windfarm, eastern Tennessee.M.S. thesis,University of Tennessee,Knoxville. Howe,R.W.,W. Evans, and A.T. Wolf. 2002. Effects of wind turbines on birds and bats in northeastern Wisconsin. Report submitted to Wisconsin Public Service Corporation and Madison Gas and Electric Company. University of Wisconsin-Green Bay. 113 pp. Howell,J.A. 1997. Bird mortality at rotor swept area equivalents,Altamont Pass and Montezuma Hills, California. Transactions of the Western Section of the Wildlife Society 33:2-29. Jain,A.A. 2005. Bird and bat behavior and mortality at a northern Iowa windfarm. MS thesis,Iowa State University,Ames. 113 pp. Johnson, G. 2004. A review of bat impacts at wind farms in the US. Pages 46-50 in Proceedings of the wind energy and birds/bats workshop:understanding and resolving bird and bat impacts. S.S. Schwartz, ed.Washington,D.C. Johnson, G.D.,M.K. Perlik,W.P. Erickson, and M.D. Strickland. 2004. Bat activity, composition, and collision mortality at a large wind plant in Minnesota. Wildlife Society Bulletin 32:1278- 1288. Johnson, G.D.,W.P. Erickson,M.D. Strickland,M.F. Shepherd, D.A. Shepherd, and S.A. Sarappo. 2002a. Collision mortality of local and migrant birds at a large-scale wind power development at Buffalo Ridge,Minnesota. Wildlife Society Bulletin 30:879-887. Johnson, G.D.,W.P. Erickson,D.A. Shepherd,M. Perlik,M.D. Strickland, and C.Nations. 2002b. Bat interactions with wind turbines at the Buffalo Ridge,Minnesota wind resource area: 2001 field season. Electric Power Research Institute,Palo Alto, CA. Johnson, G.D.,W.P. Erickson, M.D. Strickland,M.F. Shepherd, D.A. Shepherd, and S.A. Sarappo. 2003. Mortality of bats at a large-scale wind power development at Buffalo Ridge,Minnesota. American Midland Naturalist 150:332-342. Kunz, T.H. 2004.Wind power: bats and wind turbines. Pages 50-55 in Proceedings of the wind energy and birds/bats workshop: understanding and resolving bird and bat impacts. S.S. Schwartz, ed. Washington,D.C. Nicholls,B. and P.A. Racey. 2007. Bats avoid radar installations; could electromagnetic fields deter bats from colliding with wind turbines?PLoS ONE 2(3):e297. do1:10.13 71/j ournal.pone.0000297 Timm, R.M. 1989. Migration and molt patterns of red bats,Lasiurus borealis(Chiroptera: Vespertilionidae)in Illinois.Bulletin of the Chicago Academy of Sciences 14:1-7. Tuttle,M.D. 2005. America's neighborhood bats: understanding and learning to live in harmony with them.University of Texas Press,Austin. 106 p. Young,D.P.,Jr.,W.P. Erickson,R.E. Good,M.D. Strickland, and G.D. Johnson. 2003. Avian and bat mortality associated with the initial phase of the Foote Creek Rim wind power project, Carbon County,Wyoming:November 1998—June 2002. Technical report prepared for SeaWest Energy Corporation and Bureau of Land Management. Zinn, T.L. and W.W. Baker. 1979. Seasonal migration of the hoary bat,Lasiurus cinereus,through Florida.Journal ofMammalogy 60:634-635. 18 CIS a Memorandum esr -� _ _— 1836 To: Zoning Commission O� From: Lisa Pickering, Deputy Clerk W C7 Date: November 14, 2013 Ecow�`2 Subject: Zoning Commission Meeting Schedule for 2014 The Clerk's Office is in the process of publishing the City's master meeting list for 2014. Listed below is a tentative schedule for the Zoning Commission meetings for 2014. The proposed schedule has the Zoning Commission meeting the 4th Wednesday of each month at 7:00 p.m. Please discuss this schedule at the Zoning Commission meeting and decide if you have any changes to the proposed dates or meeting time. Zoning Commission 4t' Wednesday — 7:00 pm January 22 July 23 February 26 August 27 March 26 September 24 A ri123 October 22 May 28 November 19* (3r Wednesday, due to holiday June 25 December 17* (3r Wednesday, due to holiday)