Zoning Commission Packet 2014 01-22-14
AGENDA
ZONING COMMISSION MEETING
Wednesday, January 22, 2014
7:00 P.M.
City Hall Conference Room
800 Game Farm Road
1. Welcome
2. Roll Call
3. Citizen’s Comments
4. Approval of December 18, 2013 meeting minutes
5. Old Business:
a) Review and Commentary of Proposed Revised Zoning Chapter
Chapter 20: Signs
b) Review and Commentary of Proposed Zoning Chapter
Chapter 19: Alternative Energy Systems
6. Presentation
a) Steve Reddington of Advanced Alternative Energy Products Co. in Des Plaines, IL
7. Adjournment
8. Next meeting date: February 26, 2014
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
ZONING COMMISSION MEETING
Wednesday, December 18, 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 7:00 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 Greg Millen
Gary Neyer Jeff Baker
Phil Haugen (arr. 7:02pm)
City Officials in Attendance
Krysti Barksdale-Noble - Community Development Director
Citizen’s Comments
There were no citizens in attendance.
Previous Minutes
Mr. Crouch asked for a motion to approve the October 23, 2013 minutes. Mr. Neyer made a motion to
approve. It was seconded by Mr. Baker. Mr. Crouch asked if there was any discussion on the motions;
hearing none, he asked for approval by saying, “Yes.” It was approved unanimously and the motion was
carried. Mr. Crouch then turned the meeting over to Ms. Noble to cover Old Business.
Before beginning Old Business, she announced to the group that Jason Engbarth is no longer with the
City anymore. However, a new planner has been hired and he will begin in January, 2014.
Old Business:
Chapter 20: Signs - Ms. Noble said she went through Jason’s updates on this chapter and found some
of the sections had not been updated. She will have everything updated by future meetings. For
example, the Real Estate sign has been updated from four square feet (4 sq. ft.) to six square feet (6 sq.
ft.) per discussions at the last meeting. However, the permitted heights in the Business and
Manufacturing districts to twelve feet (12 ft.) had not been changed; she will have those corrections by
next month.
The re-formatted chapter has added graphics. Her question regarding the sign ordinance is there any
other area graphics are needed, such as electronic board signs? She will also provide a little more
information on the lighting criteria. Mr. Crouch asked Ms. Noble if she had checked out his question on
the city sign and she said she had. The sign in Town Square Park was running at different speeds and
they have all been adjusted to five (5) seconds.
Chapter 16: Wind Energy Systems – Ms. Noble said this will now roll into Chapter 19, Alternative
Energy System. In this chapter they are looking at wind power and solar power. This would include
Wind Farms and Solar Farms permitted in residential areas (model for solar ordinance will be provided).
There were a couple of reports for Wind Power to provide both sides of the argument (i.e. threat to birds
and bats). Ms. Noble asked the Commission if they were okay with Wind Power with a tower in larger
areas. Mr. Baker said they would have to meet the set-backs.
Ms. Noble said there were also some issues with the light flicker with some residents. Mr. Crouch
brought up the scientific problem with epileptic tendencies and flickering lights. He thought there
should not be a flicker problem with tall wind turbines because they turn at such a rate he wouldn’t think
there would be a lot of flicker. He asked Ms. Noble if the City had anyone approach them about it. Ms.
Noble said there has not been a single application since she has been here (2008/2009). Mr. Neyer
asked if it was structure mounted, would there be a separate height restriction not related to the
structure? Ms. Noble said there would be; she thought maybe it was 100 ft. Mr. Baker pointed that for
residential it would not meet minimum set back. Mr. Neyer thought the code should be crafted so
alternative energy systems aren’t restricted out of existence. There would not be any horizontal axis in
residential smaller than estate. Mr. Neyer suggested going with 40% of lot width. Ms. Noble suggested
getting someone to give a presentation on Wind Energy. Ms. Noble said it currently states, “The
maximum height of a roof top wind energy system is eight (8) feet above the highest roof line of the
structure.” Mr. Crouch thought that was fine and suggested they be a uniform color. Mr. Baker
suggested no more than two colors. Mr. Baker didn’t see any problem in residential or industrial as long
as they comply with set-backs.
Ms. Noble then asked the question, “Should roof-mounted be permitted and ground-mounted be a
Special Use?” Mr. Neyer asked what costs were involved for the applicant with a Special Use process?
Ms. Noble said the application was $500.00 plus a $1,000.00 deposit for Legal, plus and Engineering
deposit. Ms. Noble suggested having a presentation at the January 22, 2014 meeting to have questions
answered.
Mr. Neyer asked when it comes to solar systems, do ordinances deal with potential conflicts (i.e. tree
grows and blocks)? It was suggested to put in the ordinance that if you mount on roof it is at own risk.
He suggested if it is powering a single building, the Commission needs to create an ordinance that it can
happen without a Special Use. Ms. Noble will schedule someone to make a presentation at the January
22 meeting.
Ms. Noble said the Commission could have everything ready for an open house in April, 2014 for public
feedback (website closes in February, 2014) and forward final recommendations to City Council for
May, 2014 for a public hearing.
Mr. Crouch asked for a motion to adjourn. A motion was made by Mr. .Baker; it was seconded by Mr.
Millen; all voted in favor; and the meeting adjourned at 7:57 p.m.
Minutes respectfully submitted by:
Bonnie Olsem
Administrative Secretary
Staff has prepared the information below for discussion at our meeting on January 22, 2013:
Old Business Items:
a) Revisions to Chapter 20: Signs
Section 10-20-5-O Political Signs
o Removed the phrase “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.” This timeframe has been deemed unconstitutional
by the circuit courts and violates Illinois State Law.
Section 10-20-9 Permitted Signs; Business Districts
o Changed sign height from eight (8) feet to twelve (12) feet for free standing
business signs.
Section 10-20-10 Permitted Signs: Manufacturing Zoning Districts
o Changed sign height from eight (8) feet to twelve (12) feet for free standing
business signs
New Business Items:
a) Review and Commentary of Proposed Chapter 19: Alternative Energy Systems
Provided in your packet is a model Wind Energy System ordinance prepared by the Wind
Energy Task Force of Lake County Communities which provides a basis for regulating building-
mounted, small and large wind energy systems. Staff is seeking the input from the Zoning Commission
with adopting some of the criteria set forth in the model ordinance related the following:
o Zoning (refer to previously recommended Chapter 6: Permitted and Special
Uses chart attached)
o Building Permit Application Requirements
o Maintenance, Complaints and Decommissioning
o Site Planning and Site Capacity (setbacks, height, etc.)
o Additional Standards
Sound Levels
Shadow Flicker
Color and Sun Glint
Electronic Interference
Signage
Climb Prevention
Memorandum
To: Zoning Ordinance Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: January 17, 2014
Subject: Zoning Ordinance Update – New Business Items
Lighting
Engineering
Coordination with local agencies (Fire and Police)
Approval from Electric Utility
Soil Studies
Wildlife (migratory flyways of threatened and/or endangered
species)
The following previous packet materials have also been included for your reference:
o 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 dated June 2007.
o Wind Energy Threat to Birds Overblown – article by Elliott Negin published in
the November 11, 2013 edition of the Huffington Post.
o Making a Case Against Wind Turbines in Illinois – article by Don Ellingson
published in the February 6, 2012 edition of the FarmWeek periodical.
o Model Solar Ordinance and Commentary prepared by Kent County, Maryland
Renewable Energy Task Force established March 9, 2010.
b) Presentation by Steve Reddington of Advanced Alternative Energy Products Co. in Des
Plaines, Illinois
o Advanced Alternative Energy Products Co. is a distributor and installing dealer for
green energy products, such as solar, wind and geothermal sources uses for
individuals and companies. Images of sample installations of wind and solar systems
by Advanced Alternative Energy Products Co. has also been provided in your packet
materials.
[ United City of Yorkville Zoning Ordinance ][ 1 ]
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 ][ 2 ]
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
physically or electronically.
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
business shall not be considered banners.
BILLBOARD: A structure for the permanent display of
off premises advertisement which directs attention
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.
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
Awning
Canopy
[ United City of Yorkville Zoning Ordinance ][ 3 ]
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.
Monument SignMENU BOARD SIGN: A sign at a remote location on
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
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 ][ 4 ]
Chapter 20: Signs
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)
Projecting Sign
Wall Sign
[ United City of Yorkville Zoning Ordinance ][ 5 ]
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 ][ 6 ]
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 for a 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 ][ 7 ]
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 ][ 8 ]
Chapter 20: Signs
3. Off Site Marketing Signs: Residential off site marketing signs to call attention to and give directions to residential
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 ][ 9 ]
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 ][ 10 ]
Chapter 20: Signs
i. Table 10.20.01 shows the maximum size of the electronic message display panel.
Table 10.20.01
Size of Electronic Message Signs (Commercial)
Type of Commercial Building and Location
Maximum Area of
Electronic Message
Display Panel
Minimum Time
Between Video,
Animation or Static
Text
Single commercial tenant building on parcel adjacent to major arterial
(Illinois Routes 47, 126, and 71, and U.S. Route 34) 32 sq. ft.5 seconds
Multiple commercial tenant building on parcel adjacent to major arterial 32 sq. ft.5 seconds
Single commercial tenant building on parcel not adjacent to major
arterial 32 sq. ft.8 seconds
Multiple commercial tenant building on parcel not adjacent to major
arterial 24 sq. ft.8 seconds
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 ][ 11 ]
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 ][ 12 ]
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 Electronic Message Signs (Manufacturing)
Size of Parcels
Maximum Area of
Electronic Message
Display Panel
Minimum Time
Between Video,
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 ][ 13 ]
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 ][ 14 ]
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 Sign 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 ][ 15 ]
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 ][ ]
Chapter 6
permitted and Special Uses
Table 0.06.0
Residential Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Mobile Home Park ------SS-------
Dwelling, Duplex -----P P P -------
Dwelling, Multi-Family ------P P -P2 S2 S2 S2 S2 S2
Dwelling, Single-Family P -P P P P P P -------
Dwelling, Townhouse ------P P -------
0 Acre Minimum
2 In a Business Building
Table 0.06.02
Public Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Cemetery S S S S S S S S -------
Religious Institution, Large S -S S S S S S P P P P P S S
Religious Institution, Small S -S S S S S S P P P P P S S
Philanthropic Institution S -S S S S S S -------
Hospital S -S S S S S S -P P P P --
Library --------P P P P P --
Nursing Home S -S S S S S S -P P --
College S -S S S S S S P P P P P --
School --P P P P P P -------
Key
P = Permitted Use
S = Special Use
- = Not Permitted Use
[ United City of Yorkville Zoning Ordinance ][ 2 ]
Chapter 6: Permitted and Special Uses
Table 0.06.03
Commercial Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Adult Daycare Facility -S S S S S S -S S S S S S S
Adult Oriented Uses -------------S S
Advertising Agency --------P P P P P --
Agricultural Implement Sales and Services S ----------S P --
Agricultural Uses P S -------------
Amusement Park S ----------S S S S
Animal Hospital S ----------S --
Antique Sales --S3 -S3 -S3 S3 -P P P P --
Appliance - Service -----------P P --
Auction House P -----------P --
Automobile Rental ----------P P P --
Automobile Repair -----------P P P P
Automobile Sales and Service/Open Sales Lot -----------P P --
Bakery ---------P P P P S4 S4
Bank --------P P P P P --
Bed and Breakfast Inn S --------S S S ---
Billiard Parlor ---------S P P P --
Boat Sales and Rental -S -------P P P P --
Boat Storage -S -------S S S S S S
Bookkeeping Service --------P P P P P --
Bowling Alley ----------P P P --
Building Material Sales -----------P P --
3 In Overlay
4 Appurtenant to Wholesale
[ United City of Yorkville Zoning Ordinance ][ 3 ]
Chapter 6: Permitted and Special Uses
Table 0.06.03
Commercial Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Building equipment, building materials, lumber,
coal, sand and gravel yards, and yards for
contracting equipment of public agencies, or
public utilities, or materials or equipment of
similar nature, ready mix batch plants, and asphalt
manufacturing plants
-------------S S
Campground S S -------------
Car Wash -----------P P P P
Carpet and Rug Cleaning -------------P P
Catering Service -----------P P --
Clothes - Pressing and Repair ---------P P P P --
Club/Lodge --------P P P P P -S
Commercial Feeding of Fish, Poultry, Livestock S --------------
Commercial Laboratory --------P P P P P --
Community Center -S --S S S S -P P P P S S
Contractor Facilities with Outdoor Storage -------------S S
Contractor Offices -------------P P
Dance Hall ----------P P P --
Daycare Facility -S S S S S S -S S S S S S S
Department Store ----------P P P --
Detective Agency --------P P P P P --
Dressmaker - Seamstress ---------P P P P --
Dry Cleaning Establishment --------S P P P P --
Dry Cleaning Plant -------------S S
Employment Office --------P P P P P --
Fertilizer Sales with Storage and Mixture S --------------
Furniture Repair and Refinishing -----------P P --
[ United City of Yorkville Zoning Ordinance ][ 4 ]
Chapter 6: Permitted and Special Uses
Table 0.06.03
Commercial Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Gasoline Service Station ----------S S S S S
Golf Course S S P P P P P P -------
Golf Driving Range S S ---------P P --
Grain Elevators and Storage P --------------
Grocery Store ---------P P P P --
Health Club or Gymnasium ----------P P P --
Heavy Machinery and Equipment Rental -------------P P
Hotel/Motel ----------P P P --
Interior Decorating Studio ----------P P P --
Kennel S ----------P P --
Locksmith ----------P P P --
Medical Clinic --------P P P P P --
Microbrewery/Brew Pub ---------S S S S P P
Motorcycle Sales and Service -----------P P --
Nursery P ----------P P --
Off-Track Betting (OTB) Establishments ----------S ----
Parks -P P P P P P P P P P P P --
Photograph Studio ---------P P P P --
Playground -P P P P P P P -P P P P --
Professional Services --------P P P P P --
Radio and Television Studios ----------P P P --
Recreation Center -P -------P P P P P P
Recreational Camp - Private S --------------
Recreational Vehicle Sales and Service -----------P P --
[ United City of Yorkville Zoning Ordinance ][ ]
Chapter 6: Permitted and Special Uses
Table 0.06.03
Commercial Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Repair of Household or Office Machinery or
Equipment -------------P P
Restaurant ---------P P P P --
Retail Store --------S P P P P S -
Roadside Stand P --------------
Salvage Yard S -------------S
Shoe and Hat Repair ---------P P P P --
Skating Rink -S ---------P P --
Stadium S S ---------S S S S
Swimming Pool - Indoor -S -------P P P P --
Tavern - Nightclub or Lounge ---------S S S S S S
Taxidermist ----------P P P --
Theater ----------P P P --
Tourist Court/Home ------SS-------
Trailer Camp/Park S --------P P P P --
Treatment Center ---------P P P P --
Truck and Trailer Rental -----------S P --
Truck, truck tractor, truck trailer, car trailer or
bus storage yard - not include motor freight
terminal
-------------P P
Upholstery Shop -----------P P --
Watch and Clock Sales and Repair ----------P P P --
Weaving and Mending - Custom ----------P P P --
Room Maximum
[ United City of Yorkville Zoning Ordinance ][ 6 ]
Chapter 6: Permitted and Special Uses
Table 0.06.04
Industrial Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Any Manufacturing or Processing that
can and does operate in compliance with
Performance Standards
-------------P P
Bakery (Wholesale - Retail Component
Special Use -------------P P
Newspaper Publishing -------------P P
Stone and Gravel Quarries --------------S
Welding Shop S ------------P P
Wholesaling and Warehousing - Local
Cartage Express Facilities - not including
motor freight terminal
-------------P P
Table 0.06.0
Transportation Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Airport S ------------S S
Bus or Truck Storage Yard -------------P P
Bus or Truck Garage or Streetcar House -------------P P
Marina -S --------S S S S S
Motor Freight Terminals -------------S S
Railroad Passenger Station S -S S S S S S S S S S S S S
Railroad Repair Shops, Maintenance Build-
ings and Switching Yards S -------------S
Taxicab Business ----------P P S S
[ United City of Yorkville Zoning Ordinance ][ ]
Chapter 6: Permitted and Special Uses
Table 0.06.06
Utility Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Communications Use S --------------
Electric Substation S -S S S S S S -P P P P P P
Filtration Plant S -S S S S S S -----P P
Fire Station S -S S S S S S P P P P P P P
Police Station S -S S S S S S P P P P P P P
Public Utility - Electric substations and dis-
tribution centers, gas regulation centers and
underground gas holder stations
S S -----------P P
Other Public Utility Facilities S P P P P P P P -----P P
Radio and Television Towers - Commercial S P S S S S S S -----P P
Sewage Treatment Plant --S S S S S S -----P P
Utility Company Maintenance Yard -------------P P
Utility Service Yard or Garage -------------P P
Table 0.06.0
Alternative Energy Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Large Wind Energy System (Wind Farm)S S ------S ------
Small Wind Energy System S S S S S ---S ----S S
Rooftop Wind Energy System S S S S S S S S S S S S S S S
Solar Farm S S ------S ------
Roof Mounted Solar Panels P P P P P P P P P P P P P P P
Free Standing Solar Panels -S S S S S S S S S S S S S S
[ United City of Yorkville Zoning Ordinance ][ ]
Chapter 6: Permitted and Special Uses
Table 0.06.0
Miscellaneous Uses
Use Category
Zoning Districts
Ag Open Space Residential Business Manufacturing
A-1 OS E-1 R-1 R-2 R-2 D R-3 R-4 O B-1 B-2 B-3 B-4 M-1 M-2
Accessory Building/Use P P P P P P P P P P P P P P P
Planned Unit Development (PUD)S -S S S S S S S S S S S S S
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 1
Wind Energy Task Force of Lake County Communities
Wind Energy Systems
Model Ordinance
1.0 INTRODUCTION
This Model Ordinance was developed by the Wind Energy Task Force of Lake
County Communities, a cooperative effort by representatives from over twenty local
jurisdictions and two consulting firms. Lake County Communities include the
different jurisdictions of the local municipalities and unincorporated areas of Lake
County. The Wind Energy Task Force encourages each Lake County Community to
evaluate the separate provisions of this Model Ordinance, with attorney review, to
assure that the guidelines will suit their own particular needs, including decision to
allow their Wind Energy Systems as permitted or as Conditional or Special Use uses.
Separate regulations are designated for different scales of wind energy devices:
Building-Mounted, Small and Large Wind Energy Systems, in Sections 4.0, 5.0, and
6.0 respectively. Definitions are provided in Section 8.0.
2.0 AUTHORITY
Lake County Communities may adopt provisions of this Model Ordinance pursuant to
the powers granted and limitations imposed by the Constitution and laws of the State
of Illinois, including the statutory authority granted in Chapter 55 ILCS 5/5-12020 for
counties and Chapter 65 ILCS 5/11-13-26 for municipalities.
3.0 PURPOSE AND INTENT
3.1 To establish reasonable and uniform regulations for the location, installation,
operation, maintenance, and decommissioning of Building-Mounted, Small and
Large Wind Energy Systems.
3.2 To assure that any development and production of wind-generated electricity in
[the Lake County Community] is safe and to minimize any potentially adverse
effects on the community.
3.3 To promote the supply of sustainable and renewable energy resources, in support
of national, state, and local goals.
3.4 To facilitate energy cost savings and economic opportunities for [Lake County
Community] residents and businesses.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 2
4.0 REQUIREMENTS FOR BUILDING-MOUNTED WIND
ENERGY SYSTEMS (BWES)
4.1 BUILDING-MOUNTED WIND ENERGY SYSTEMS (BWES) BUILDING
PERMIT APPLICATION REQUIREMENTS
A. Zoning Districts
Building-Mounted Wind Energy Systems (BWES) shall be allowed as a
permitted use in any zoning district, provided that all building permit
requirements and general regulations are met, as defined in [the Lake County
Community] building and zoning codes and in this section below.
B. Project Proposal
1) Name, address and phone number of Owner and Applicant.
2) Project summary including the manufacturer information and number of
proposed turbines.
3) Photos of the proposed location of BWES.
4) A front elevation depiction of the building showing location and proposed
height of the top of the turbine from the top of the building.
C. Engineering
1) Manufacturer’s engineering specifications of the turbine, nameplate
wattage capacity, dimensions of the turbine unit, mounting mechanisms,
expected load and expected sound level production that must fit within the
Sound Level standards below.
2) All BWES facilities shall be designed to withstand a minimum wind
velocity of one hundred (100) miles per hour, with an impact pressure of
forty (40) pounds per square foot.
3) Each BWES shall conform to applicable industry standards, including
those of the American National Standards Institute (ANSI). Applicants
shall submit certificates of design compliance that equipment
manufacturers have obtained from Underwriters Laboratories (UL),
National Renewable Energy Laboratories (NREL), Det Norske Veritas
(DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third
party.
D. Braking Systems
1) BWES facilities shall be equipped with automatic and manual braking
systems.
2) The Owner shall be required to immediately cease operations as
reasonably requested by [the Lake County Community].
E. Insurance
Proof of homeowner or business liability insurance, as appropriate.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 3
F. Electric Utility
Approval letter from the local electric utility company, if the system is to be
tied to the energy grid.
4.2 ADDITIONAL STANDARDS (BWES)
A. Installation
1) BWES facilities must be installed according to manufacturer
specifications.
2) BWES devices may be structurally attached either on the roof or on the
side of a building, in accordance with [the Lake County Community’s]
Building Code.
3) Electrical connections must be made by a licensed electrician.
B. Height
BWES facilities shall be allowed at the height of fifteen (15) feet above the
highest point of the building structure, but in no case shall exceed forty-five
(45) feet above the ground in a residentially zoned district.
C. Sound Levels
1) The average sound level from a BWES shall not exceed fifty-five (55)
dB(A) during daytime hours or forty-five (45) dB(A) during nighttime
hours at any point within neighboring, residentially zoned or used
property. For neighboring industrial properties the sound level limit is
sixty-five (65) dB(A) and for other neighboring nonresidential properties,
the sound level limit is sixty (60) dB(A) at any time of the day.For
neighboring nonresidential properties, the sound level limit is sixty (60)
dB(A).
2) Five (5) dB shall be added to the average sound level from a BWES as a
penalty when its sound emissions have an adverse character that includes
prominent tones (e.g., a humming sound) or an amplitude fluctuation in
synchronicity with the blade revolution (e.g., a periodic swishing sound).
3) No BWES shall operate with an average sound level more than 5 dB(A)
above the non-operational ambient level, as measured within any
neighboring residentially zoned or used property.
4) To limit the level of low-frequency sound, the average C-weighted sound
level during BWES operation shall not exceed the A-weighted ambient
sound level by more than twenty (20) dB.
5) Sound level meters used for sound measurement must be a Type 2 or
better grade per ANSI S1.4 and must have an integrating feature that
meets ANSI S1.43. Procedures must meet the applicable portions of ANSI
S12.9. Measurements must be made when ground level winds do not
exceed 5 mph.
6) [The Lake County Community] may require, at the Owner’s expense, field
tests or sound propagation modeling, conducted by or supervised by an
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 4
acoustics specialist certified by the Institute of Noise Control Engineering
as may be necessary, to determine whether a violation of said sound
regulations is occurring or has occurred. The Owner shall be promptly
remedy any such violations by or discontinue operation.
D. Shadow Flicker
1) The BWES shall be sited such that shadow flicker will not fall on any
window of an existing residential dwelling of an abutting nonparticipating
property for more than one hour a day.
2) The Applicant may commit to a schedule for turning BWES turbines off
during periods when shadow flicker would affect any nonparticipating
residential dwelling.
3) Subsequently constructed or modified residences shall not compromise the
existing approval and operation of the BWES, as a legal non-conforming
use, subject to the applicable regulations.
E. Silhouette
1) The diameter of the BWES shall not exceed twenty (20) percent of the
width of the building’s front elevation, for residential buildings and non-
residential buildings abutting residentially used properties.
2) The diameter of the BWES shall not exceed fifty (50) percent of the width
of a non-residential building, not abutting residentially used properties.
F. Color and Sun Glint
BWES facilities shall be finished in a neutral color, as approved by [the Lake
County Community] zoning code administrator. The finish shall be flat or
matte, so as to reduce incidence of sun glint. The required coloration and
finish shall be maintained throughout the life of the system.
G. Electronic Interference
BWES facilities shall not operate so as to cause electromagnetic degradation
in performance of microwave, television, radio, internet or other wireless
transmissions, including public emergency communications systems, contrary
to Federal Communication Commission (FCC) or other state or local laws.
H. Signage
No BWES shall have any advertising material, writing, picture, or signage,
other than warning information or manufacturer identification.
4.3 MAINTENANCE, COMPLAINTS AND DECOMMISSIONING
A. Maintenance and Complaints
1) BWES facilities shall be maintained in Operational Condition at all times,
except for reasonable maintenance and repair outages.
2) Should a BWES become inoperable, or should any part of the BWES
become damaged, or should a BWES violate a permit condition, the
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 5
Owner shall cease operations immediately and remedy the condition
promptly.
B. Decommissioning Plan
1) Any BWES that has not been in Operable Condition within the above
timeframe, [the Lake County Community] zoning compliance officer shall
notify the Owner of the finding of Abandonment. The Owner shall remove
all BWES structures within ninety (90) days of receipt of the finding of
Abandonment.
2) If such abandoned facility is not removed within ninety (90) days, [the
Lake County Community] may remove all structures at the Owner’s
expense. In the case of such removal [the Lake County Community] has
the right to file a lien for reimbursement, or any and all expenses incurred
by [the Lake County Community] without limitation, including attorney
fees and accrued interest.
3) Upon removal, the site shall be restored to its original pre-construction
condition. See photos presented with Project Proposal.
4.4 HISTORIC DISTRICTS AND LANDMARKS
BWES facilities within five hundred (500) feet of the Local Historic District or
Landmark or a National Historic District or Landmark must receive a
recommendation from the Historical and Architectural Sites Commission prior to
submitting an application to the Plan Commission and [Lake County Community]
Board/Council.
5.0 REQUIREMENTS FOR SMALL WIND ENERGY SYSTEMS
(SWES)
5.1 SMALL WIND ENERGY SYSTEMS (SWES) BUILDING PERMIT
APPLICATION REQUIREMENTS
A. Zoning Districts
1) One SWES shall be allowed as a permitted use in any zoning district,
provided that all building permit requirements and general regulations are
met, as defined in [the Lake County Community] building and zoning
codes and in this section below.
2) Application for more than one SWES or for any SWES with a system
height that exceeds the limits identified below in Section 5.2 C. in
residentially zoned districts, shall require the application for a
Conditional/Special Use permit.
B. Project Proposal
1) Name, address and phone number of Owner and Applicant.
2) Photos of existing conditions for proposed SWES tower.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 6
3) Project summary including the manufacturer information, number of
proposed turbines, and proposed height to the top of the turbine.
C. Engineering
1) Manufacturer’s engineering specifications of the tower, turbine and
foundation, detailed drawing of electrical components and installation
details, and expected sound level production (see Sound Level standards
below).
2) For turbines greater than twenty (20 kW) kilowatts of nameplate capacity,
an Illinois licensed structural engineer’s seal shall be required.
3) All SWES facilities shall be designed to withstand a minimum wind
velocity of one hundred (100) miles per hour, with an impact pressure of
forty (40) pounds per square foot.
4) Each SWES shall conform to applicable industry standards, including
those of the American National Standards Institute (ANSI). Applicants
shall submit certificates of design compliance that equipment
manufacturers have obtained from Underwriters Laboratories (UL),
National Renewable Energy Laboratories (NREL), Det Norske Veritas
(DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third
party.
D. Braking Systems
1) SWES facilities shall be equipped with automatic and manual braking
systems.
2) The Owner shall be required to immediately cease operations as
reasonably requested by [the Lake County Community].
E. Soil Studies
Turbines greater than 100 ft. total height OR greater than 5,000 lbs structural
weight shall require a soil analysis at base of the tower and a stamped drawing
by an Illinois licensed Structural Engineer. Structural weight shall be defined
as the tower, wind turbine generator, and any other component(s) otherwise
supported by the base foundation.
F. Insurance
Proof of homeowner, farm or business insurance, as appropriate.
G. Electric Utility
Approval letter from the local electric utility company, if the system is to be
tied to the energy grid.
5.2 SITE PLANNING AND SITE CAPACITY (SWES)
A. Site plan, drawn to scale, including
1) Existing and proposed contours, at a minimum of two foot intervals.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 7
2) Location, setbacks, exterior dimensions and square footage of all
structures on the owner’s property and abutting properties within one
hundred (100) ft.
3) Location and size of existing waterways, wetlands, one hundred-year
floodplains, sanitary sewers, storm sewer systems, and water distribution
systems.
4) Location of any overhead or underground power lines and utility
easements.
5) The locations and the expected duration of shadow flicker caused by the
SWES facility.
B. Setbacks
1) Setbacks shall be measured from the base of the SWES tower.
2) SWES facilities may not be constructed within or over (including the
blades) any utility, water, sewer, or other type of recorded easement.
3) SWES facilities may not be constructed within 50 ft. of all water bodies
and wetlands and 100 ft. of High Quality Aquatic Resources.
4) SWES facilities shall be set back a distance equal to one hundred ten
percent, or 1.1 times the system height, from base to all property lines,
third party transmission lines, and communication towers.
5) The blade tip, at its lowest point, shall have ground clearance of not less
than fifteen (15) feet.
6) Guy wires and anchoring systems shall not extend closer than thirty (30)
feet from the property line or public right-of-way.
C. Height
1) Unless otherwise specified, the system height for SWES shall be limited to
a maximum of one hundred seventy-five (175) feet. WES facilities
exceeding this limit shall be considered Large Wind Energy Systems
(LWES) and regulated under Section 6.0 below.
2) SWES facilities shall be further limited to one hundred (100) feet in height
within five hundred (500) feet of a residentially zoned or used
nonparticipating property. Rezonings and subsequently constructed
residences shall not compromise the existing approval and operation of the
SWES, as a legal non-conforming use, subject to the applicable
regulations.
Applications for SWES in residentially zoned districts, exceeding the
following system height limitations, shall be subject to
Conditional/Special Use permit procedures:
Residential Property Size SWES System Height
Under one acre 45 feet
One – five acres 75 feet
Over five acres 125 feet
D. Accessory Use
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 8
1) The primary purpose of the SWES shall be the production of energy for
local distribution and consumption.
2) SWES facilities shall not be constructed for the sole purpose of energy
production for wholesale or retail sale purposes. See Section 6.0
Requirements for Large Wind Energy Systems.
3) It is permissible to sell excess energy that is produced by a SWES to the
local electric utility company.
5.3 ADDITIONAL STANDARDS (SWES)
A. Installation
1) SWES facilities must be installed according to manufacturer
specifications.
2) Electrical connections must be made by a licensed electrician.
B. Sound Levels
1) The average sound level from a SWES shall not exceed fifty-five 55
dB(A) during daytime hours or forty-five (45) dB(A) during nighttime
hours at any point within neighboring, residentially zoned or used
property. For neighboring industrial properties the sound level limit is
sixty-five (65) dB(A) and for other neighboring nonresidential properties,
the sound level limit is sixty (60) dB(A) at any time of the day.
2) Five (5) dB shall be added to the average sound level from a SWES as a
penalty when its sound emissions have an adverse character that includes
prominent tones (e.g., a humming sound) or an amplitude fluctuation in
synchronicity with the blade revolution (e.g., a periodic swishing sound).
3) No SWES shall operate with an average sound level more than 5 dB(A)
above the non-operational ambient level, as measured within any
neighboring residentially zoned or used property.
4) To limit the level of low-frequency sound, the average C-weighted sound
level during SWES operation shall not exceed the A-weighted ambient
sound level by more than twenty (20) dB.
5) Sound level meters used for sound measurement must be a Type 2 or
better grade per ANSI S1.4 and must have an integrating feature that
meets ANSI S1.43. Procedures must meet the applicable portions of ANSI
S12.9. Measurements must be made when ground level winds do not
exceed 5 mph.
6) [The Lake County Community] may require, at the Owner’s expense, field
tests or sound propagation modeling, conducted or supervised by an
acoustics specialist certified by the Institute of Noise Control Engineering
as may be necessary, to determine whether a violation of said sound
regulations is occurring or has occurred. The Owner shall be promptly
remedy any such violations by or discontinue operation.
C. Shadow Flicker
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 9
1) The SWES facility shall be sited such that shadow flicker will not fall on,
any existing residential building of a nonparticipating property within 500
feet of the SWES property for more than one hour a day.
2) The Applicant may commit to a schedule for turning SWES turbines off
during periods when shadow flicker would affect any nonparticipating
residential dwelling.
3) Subsequently constructed or modified residences shall not compromise the
existing approval and operation of the SWES, as a legal non-conforming
use, subject to the applicable regulations.
D. Color and Sun Glint
1) SWES facilities shall be finished in either off white, light gray, other
neutral color, or a color as approved by [the Lake County Community]
zoning compliance officer.
2) The finish shall be flat or matte, so as to reduce incidence of sun glint.
3) The required coloration and finish shall be maintained throughout the life
of the system.
E. Electronic Interference
SWES facilities shall not operate so as to cause electromagnetic degradation
in performance of microwave, television, radio, internet or other wireless
transmissions, including public emergency communications systems, contrary
to Federal Communication Commission (FCC) or other state or local laws.
F. Signage
1) No SWES shall have any advertising material, writing, picture, or signage
other than warning, turbine tower identification, or manufacturer or
ownership information.
2) This prohibition shall include the attachment of any flag, decorative sign,
streamers, pennants, ribbons, spinners or waiving, fluttering or revolving
devices, but not including meteorological/weather devices.
3) One warning sign, no less than eighteen square inches and no greater than
two square feet in area, shall be posted at the base of the tower. The sign
shall include a notice of no trespassing, a warning of high voltage, and 911
and the phone number of the Owner to call in case of emergency.
4) Manufacturer’s identification or ownership information signs shall be no
larger than one square foot.
G. Climb Prevention
The base of the tower shall not be climbable for a vertical distance of fifteen
(15) feet from the base, unless enclosed with an eight (8) feet tall locked
fence.
H. Lighting
1) SWES facilities shall comply with all applicable Federal Aviation
Administration (FAA) and any other Federal, State or local requirements.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 10
2) SWES facilities shall not be artificially lighted unless required by the FAA
or appropriate authority.
3) Any required lighting shall be shielded so that no glare extends
substantially beyond the boundaries of the facility.
5.4 MAINTENANCE, COMPLAINTS AND DECOMMISSIONING (SWES)
A. Maintenance and Complaints
1) SWES facilities shall be maintained in Operational Condition at all times,
except for reasonable maintenance and repair outages.
2) Should a SWES become inoperable, or should any part of the SWES
become damaged, or should a SWES violate a permit condition, the
Owner shall cease operations immediately and remedy the condition
promptly.
B. Decommissioning Plan
1) Any SWES that has not been in Operable Condition within the above
timeframe, [the Lake County Community] zoning compliance officer shall
notify the Owner of the finding of Abandonment. The Owner shall
remove all SWES structures within ninety (90) days of receipt of notice.
2) If such abandoned facility is not removed within ninety (90) days, [the
Lake County Community] may remove all structures at the Owner’s
expense. In the case of such removal [the Lake County Community] has
the right to file a lien for reimbursement, for any and all expenses incurred
by the [Lake County Community] without limitation, including attorney
fees and accrued interest.
3) Upon removal, the site shall be restored to its original pre-construction
condition. See photos presented with Project Proposal.
5.5 HISTORIC DISTRICTS AND LANDMARKS
SWES facilities within five hundred (500) feet of the Local Historic District or
Landmark or a National Historic District or Landmark must receive a
recommendation from the Historical and Architectural Sites Commission prior to
submitting an application to the Plan Commission and [Lake County Community]
Board/Council.
6.0 REQUIREMENTS FOR LARGE WIND ENERGY SYSTEMS
(LWES)
6.1 CONDITIONAL/SPECIAL USE PERMIT APPLICATION
REQUIREMENTS FOR LARGE WIND ENERGY SYSTEMS (LWES)
A. Zoning Districts
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 11
LWES shall be a Conditional/Special Use in all zoning districts as listed in
[the Lake County Community] zoning ordinance.
B. Project Proposal
1) Name, company, address and phone number of Owner and Applicant
2) Photos of existing conditions for proposed LWES towers.
3) Project summary including the nameplate generating capacity, number of
proposed turbines and the LWES equipment manufacturer.
4) Evidence from a wind study that site is feasible location for LWES
facilities.
C. Notice and Public Hearings
1) Public notice shall be given pursuant to procedures specified in Chapter 55
ILCS 5/5-12001 or Chapter 65 ILCS 5/11-13-26, of the Illinois Compiled
Statutes, [the Lake County Community] Zoning Ordinance, and the
Community Zoning Board of Appeals Rules of Procedure.
2) Public hearings shall be conducted pursuant to procedures specified in
Chapter 55 ILCS 5/5-12001 and 12020 or Chapter 56 ILCS 5/11-13-26, of
the Illinois Compiled Statutes, [the Lake County Community] Zoning
Ordinance, and the Zoning Board of Appeals Rules of Procedure.
3) There shall be at least one public hearing held not more than thirty (30)
days prior to a siting decision by [the Lake Count y Community] board or
council.
D. Conformance with Approved Application and Plans
1) The Owner shall construct the LWES project in substantial accordance
with submitted Conditional/Special Use Permit application and all
accompanying documents.
2) The Owner shall be bound by any and all proposals and representations
made under oath at the public hearing before [the Lake County
Community] Zoning Board of Appeals, which shall be considered
supplementary conditions of the Conditional/Special Use Permit granted
by [the Lake County Community] board, even if not directly specified in
the Conditional/Special Use Permit.
3) Following the granting of a Conditional/Special Use Permit, a Professional
Structural Engineer shall certify, as part of the final approval, that the
foundation and tower design of the LWES is within accepted professional
standards, given local soil and climate conditions.
6.2 SITE PLANNING AND SITE CAPACITY REQUIREMENTS (LWES)
A. A site map or survey, drawn to scale by a Professional Engineer, showing:
1) Existing and proposed contours, at a minimum of 2 foot intervals.
2) Location, setbacks, exterior dimensions and square footage of all
structures on the Owner’s property.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 12
3) Location of each of the LWES turbines and the corresponding
identification numbers.
4) Location of existing and planned Met Towers.
5) Location of proposed access roads.
6) Location and size of existing waterways, wetlands, floodplains, sanitary
sewers, storm sewerage systems, and water distribution systems.
7) Location of any overhead power lines.
B. Lot size:
1) The minimum lot size for a LWES shall be five (5) acres.
2) The maximum number of LWES facilities that may be installed on a lot
shall be determined by setback, sound limitations, and other requirements
of this ordinance, as determined by the [Lake County Community] zoning
officer and the Zoning Board of Appeals.
C. Height
1) The maximum permitted system height of a LWES shall be no more than
four hundred (400) feet, as measured from the base to the highest point,
including the top of the extended blade.
2) The system height of each LWES turbine shall be further limited to one
hundred (100) feet if located within five hundred (500) feet of a
nonparticipating residentially zoned or used property. Rezonings and
subsequently constructed residences shall not compromise the existing
approval and operation of the LWES, as a legal non-conforming use,
subject to the applicable regulations.
D. Clearance
1) The minimum distance from the lowest point of the arc of the LWES
blades to the ground shall be fifty (50) feet.
2) The minimum distance from the lowest point of the arc of the LWES
blades to the top of any structure shall be twenty (20) feet, within fifty
(50) feet of the base.
E. Setbacks
1) Setbacks for LWES shall be measured from the base of the LWES tower.
2) LWES shall be set back a minimum distance equal to one hundred fifty
(150) percent of the system height, or 1.5 times the system height, to all
property lines, third party transmission lines, and communication towers.
3) LWES facilities (including horizontally extended blades) may not be
constructed within or over any utility, sewer, or other type of recorded
easement.
4) LWES facilities may not be constructed within fifty (50) ft. of all water
bodies and wetlands and within one hundred (100) ft. of High Quality
Aquatic Resources.
5) LWES facilities shall be set back a minimum distance equal to one
hundred ten (110) percent of the system height from any other LWES.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 13
F. Stormwater and Drainage
1) The Applicant/Owner shall design and install all necessary stormwater
facilities as required by the Lake County Watershed Development
Ordinance and all other regulations pertaining to stormwater management.
2) The Owner shall repair any and all field tiles or other drainage and
stormwater structures damaged by the construction or installation of the
LWES at their own expense.
3) The Owner shall maintain any and all drainage and stormwater systems on
the subject property and keep them in good working order.
G. Wind Study and Met Towers
1) [The Lake County Community] may allow the construction and/or
installation of a Met Tower for the sole purpose of collecting wind
generation data.
2) The Applicant shall provide summary documentation of research and
study that clearly demonstrates that the site has sufficient wind resources
to be economically beneficial.
3) Met Towers shall be limited to no more than one per square quarter mile.
4) Met Towers must be dismantled within 3 years of their installation.
5) The removal of the Met Towers shall coincide with the Decommissioning
Plan.
6.3 ADDITIONAL APPLICATION REQUIREMENTS (LWES)
A. Engineering
1) Detailed drawing of electrical components and installation details, as
supplied by the manufacturer, which conform to the National Electrical
Code.
2) A Structural Engineer’s seal and manufacturer’s engineering
specifications of the tower, turbine and foundation.
3) All LWES facilities shall be designed to withstand a minimum wind
velocity of one hundred (100) miles per hour, with an impact pressure of
forty (40) pounds per square foot.
4) Each LWES shall conform to applicable industry standards, including
those of the American National Standards Institute (ANSI). Applicants
shall submit certificates of design compliance that equipment
manufacturers have obtained from Underwriters Laboratories (UL),
National Renewable Energy Laboratories (NREL), Det Norske Veritas
(DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third
party.
5) All electrical wires and liens connecting each LWES to other LWES
facilities shall be installed underground.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 14
B. Coordination with Local Fire Department
1) LWES operators shall provide emergency services access to the facility
twenty four (24) hours a day, and all drives and access points shall remain
unobstructed at all times.
2) The Applicant shall submit a copy of the site plan to the local fire
protection district.
3) Upon request by the local fire department, the Owner shall cooperate with
the local fire department to develop the fire department’s emergency
response plan.
4) Nothing in this section shall alleviate the need to comply with all other
applicable fire, life safety and/or emergency response laws and
regulations.
C. Insurance
1) The Applicant shall provide proof of a current general liability policy
covering bodily injury and property damage with limits of at least $1
million per occurrence and $1 million in the aggregate at the time of the
Conditional/Special Use permit application and at the annual renewal.
2) The amount of coverage may be changed upon consultation with the
State’s Attorney’s Office or other attorney representing [the Lake County
Community].
D. Electric Utility
Approval letter from the local electric utility company must be provided with
permit application.
E. Signage
1) No LWES shall have any advertising material, writing, picture, or signage
other than warning, turbine tower identification, or manufacturer or
ownership information.
2) This prohibition shall include the attachment of any flag, decorative sign,
streamers, pennants, ribbons, spinners or waiving, fluttering or revolving
devices, but not including meteorological/weather devices.
3) Warning signs, no less than four square feet and no greater than six square
feet in area, shall be posted at the base of each tower and at access points
to the property. The sign shall include a notice of no trespassing, warnings
of high voltage and the potential of falling ice, and the phone number of
the Owner to call in case of emergency.
4) Each LWES tower shall be marked with a visible identification number to
assist with emergency services.
F. Complaint Hotline
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 15
1) The Applicant shall establish a telephone number hotline for the general
public to call with any complaints or questions.
2) The hotline number shall be publicized to the satisfaction of [the Lake
County Community] zoning compliance officer, to insure that the general
public is aware of it.
3) The hotline number shall also be posted at the operations and maintenance
center and the construction marshalling yard.
4) The Owner shall man the hotline during usual business hours, and shall
have an answering recording service during other hours.
G. Decommissioning Plan
1) The Applicant shall develop the Decommissioning Plan for the eventual
removal of LWES structures and Met Towers at the time of application.
2) Describe the triggering events for Decommissioning the LWES Project.
3) Identify provisions for the removal of structures, debris and cabling,
including those below the soil surface.
4) Identify provisions for the restoration of the soil and vegetation to pre-
construction conditions, referencing photos submitted at Project Proposal.
5) Provide an estimate of the decommissioning costs, certified by a
Professional Engineer.
6) Provide Financial Assurance, secured by the Owner, for the purpose of
adequately performing decommissioning, in an amount equal to the
Professional Engineer’s certified estimate of the decommissioning costs.
7) Identify procedures for [Lake County Community] access to Financial
Assurances.
8) Verify that the terms of the Decommissioning Plan shall be binding upon
the Owner and any of their successors, assigns, or heirs.
9) Verify that [Lake County Community] shall have access to the site,
pursuant to reasonable notice, to affect or complete decommissioning of
the LWES.
10) Verify that procedures under Section 6.6 Road, Access and the
Transportation System will assure that impact on roads is addressed during
the decommissioning process.
6.4 ADDITIONAL STUDIES FOR APPLICATION (LWES)
A. Soil Studies
1) Provide manufacture’s specifications for the tower construction, indicating
that the LWES is designed to withstand the soil conditions.
2) A full soil boring/sampling analysis to a depth equal/greater than the
actual LWES foundation depth is required at each turbine location.
3) LWES towers shall be embedded in an approved concrete foundation,
stamped by a licensed Illinois Structural Engineer.
B. Sound Levels
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 16
1) The Applicant shall provide an environmental sound impact study that
gives:
a) Certified manufacturer’s specifications of the sound emissions from
similar turbines that specifically state the overall sound level as well as
the 1/3-octave band levels measured in accordance with IEC 61400-
11.
b) The expected maximum 1-minute averaged A– and C-weighted sound
level at the nearest surrounding, nonparticipating, residentially zoned
or used properties with all turbines operating.
c) The daytime and nighttime quiescent ambient sound levels at
representative, non-participating residential properties adjacent to the
proposed development as measured by an environmental acoustics
expert (board certified by the Institute of Noise Control Engineering).
2) The average sound level from operating LWES facilities shall not exceed
fifty-five (55) dB(A) during daytime hours or forty-five (45) dB(A) during
nighttime hours at any point within neighboring, residentially zoned or
used property. For neighboring industrial properties the sound level limit
is sixty-five (65) dB(A) and for other neighboring nonresidential
properties, the sound level limit is sixty (60) dB(A) at any time of the day.
3) Five (5) dB shall be added to the average recorded sound level from a
LWES as a penalty when its sound emissions have an adverse character
that includes prominent tones (e.g., a humming sound) or an amplitude
fluctuation in synchronicity with the blade revolution (e.g., a periodic
swishing sound).
4) No LWES shall operate with an average sound level more than 5 dB(A)
above the non-operational ambient level, as measured within any
residentially zoned or used property and no more than 10 dB(A) on a
neighboring non-residential property.
5) To limit the amount of audible low-frequency sound, the average C-
weighted sound level during LWES operation shall not exceed the A-
weighted ambient sound level by more than twenty (20) dB at any
receiving, non-participating residential property use.
6) Sound Measurement Requirements: Sound level meters used for
measurement must be a Type 2 or better grade per ANSI S1.4 and must
have an integrating feature that meets ANSI S1.43. Procedures must meet
the applicable portions of ANSI S12.9. Measurements must be made when
ground level winds do not exceed 5 mph.
7) [The Lake County Community] may require, at the Owner’s expense, field
tests or sound propagation modeling, conducted or supervised by an
acoustics specialist certified by the Institute of Noise Control Engineering
as may be necessary, to determine whether a violation of said sound
regulations is occurring or has occurred. The Owner shall be promptly
remedy any such violations by or discontinue operation.
C. Shadow Flicker Study
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 17
1) Using available software, the Applicant shall show calculated locations of
shadow flicker caused by the LWES facility and the expected duration in
total number of hours per year of the flicker on nonparticipating
residentially zoned or used properties within one half mile.
2) The LWES shall not produce shadow flicker on any dwelling, or fall
within fifty (50) feet of a dwelling for more than fifty (50) hours a year, on
a property that is residentially zoned or used at the time of approval.
3) The Applicant may commit to a schedule for turning LWES turbines off
during periods when shadow flicker would affect any nonparticipating
residential dwelling.
4) Subsequent rezoning shall not compromise the existing approval and
operation of the LWES, as a legal non-conforming use, subject to the
applicable regulations.
D. Wildlife
1) A thorough wildlife study must be provided with the application, as
carried out by a qualified professional. Lake County is located within an
avian migratory flyway and has a significant number of threatened and
endangered species.
2) In cases where the wildlife study indicates that it is likely that a protected
natural resource may adversely affected by the proposed LWES, [the Lake
County Community] shall consult with the IDNR in accordance with Title
17 Illinois Administrative Code Part 1075.
6.5 ADDITIONAL STANDARDS FOR APPLICATION AND OPERATION
(LWES)
A. Electronic Interference
1) LWES facilities shall not cause electromagnetic degradation in
performance of microwave, television, radio, internet or other wireless
transmissions, including public emergency communications systems.
2) The determination of degradation of performance and of qualit y and
proper design shall be made in accordance with good engineering
practices as defined in the latest principles and standards of the American
Institute of Electrical Engineers, the Institute of Radio Engineers and
Electrical Industries Association. In case of any conflict between the latest
standards and principles of these groups, the precedence in the
interpretation of the standards and principles shall be in their order of
listing (with the first listed group granted highest priority).
3) All LWES shall utilize nonmetallic rotor blades unless the Applicant can
supply documentation from an appropriate testing laboratory certifying
that any metallic blade rotor proposed to be used will not cause
electromagnetic interference.
B. Color and Sun Glint
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 18
1) LWES turbines, towers and blades, except as may be required by the FAA
or other authority, shall be finished in off-white, light gray, or other
neutral color, as approved in the Conditional Use Permit.
2) The finish shall be flat or matte, so as to reduce incidence of sun glint.
3) The required coloration and finish shall be maintained throughout the life
of the system and may be changed, with approval from [Lake County
Community] zoning administration officer.
C. Lighting
1) LWES shall not be artificially lighted, except as required by the Federal
Aviation Administration (FAA) or appropriate authority and lighting
necessary for workers involved in maintenance or repairs.
2) A lighting plan, including photometrics to establish compliance with
regulations prohibiting glare and light spillage, must be approved as part
of the Conditional/Special Use Permit.
3) Any required lighting shall be shielded so that no glare extends
substantially beyond the boundaries of the facility.
4) Security lighting and any emergency lighting must be approved as part of
the CUP
D. Climb Prevention
1) The base of the tower shall not be climbable for a vertical distance of
fifteen (15) feet from the base.
2) The Owner shall lock all access doors to turbine towers and electrical
components, to prevent unauthorized access.
E. Braking Systems
1) The Owner shall be required to immediately cease operations for the
duration of any emergency, as determined by [the Lake County
Community]. Emergency shall mean a proven condition or situation
caused by the facility or natural / manmade disasters that presents an
imminent physical threat of danger to life or significant threat to property.
2) All LWES facilities shall be equipped with a redundant braking system.
This includes both aerodynamic over-speed controls (including variable
pitch, tip, and other similar systems) and mechanical brakes. Mechanical
brakes shall be operated in a fail-safe mode. Stall regulation shall not be
considered a sufficient braking system for over-speed protection.
6.6 ROADS, ACCESS AND THE TRANSPORTATION SYSTEM (LWES)
The Applicant, as a condition of use of any public road(s), for the purpose of
transporting LWES or Substation parts and/or equipment for construction,
operation, or maintenance of the LWES facilities or Substation(s), shall comply
with the following, as required by the appropriate highway authority, be it the
Illinois Department of Transportation, Lake County Division of Transportation,
township or municipality.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 19
A. Preliminary Submittals
1) A map showing a proposed traffic control plan to be used for the duration
of the project. Included with the map shall be sufficient information about
the signs to be installed and maintained throughout the project.
2) All designated routes shall be documented for their current condition using
a video camera. Video recording will be done by the Applicant to the
satisfaction of the appropriate highway authority, which shall be given a
copy of said video. To determine the condition of the roads following the
completion of the project, and to determine if damage beyond the normal
rate of deterioration has occurred to the designated routes, the designated
routes will be inspected by the appropriate highway authority at project
completion.
3) Based upon the review of the proposed routes and the susceptibility of the
designated routes to damage, a corporate surety bond or irrevocable letter
of credit to insure the repairs to the damaged portions of the roads will be
repaired and to insure the post project road improvements are made to the
satisfaction of the appropriate highway authority. The amount of the
surety bond or irrevocable letter of credit for this project shall be
determined by the appropriate highway authority, based on the potential
amount of damage and/or repair of the highway.
4) Upon selection of a contractor and prior to beginning construction, the
Applicant and his/her contractor shall coordinate non-oversized material
delivery routes with the appropriate highway authorities.
5) The Applicant shall provide plans to each appropriate road authority for
any improvement that need to be made to the road network to
accommodate the LWES project. These plans must be approved by the
road authority(ies) prior to the commencement of construction. The
Applicant shall be responsible for the construction and/or maintenance of
said improvements for the duration of the project. Upon completion of the
project all said road improvements shall become the property of the road
authority.
B. Highway/Road Permits
1) Oversized Load Permits. The Applicant shall obtain all necessary
oversized load permits from the appropriate road authority prior to the use
of the road network by such loads.
2) Utility Permits. The Applicant shall obtain all necessary utility permits
from the appropriate authorities. All utility installations for the LWES
Project shall be accurately shown on a construction drawing prior to
construction. This drawing will be submitted to each appropriate highway
authority for review and acceptance prior to installation of the utility. The
appropriate highway authority shall be notified at least 2 business days
prior to beginning any work within the right-of-way for each installation
location. No open cuts of roadway surfaces will be allowed. The
Applicant or its contractor(s) shall be responsible for all traffic control
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 20
devices related to any road closures, following approval by the appropriate
highway authority.
3) Driveway Access Permits. All new entrances proposed for the LWES
sites will also require the issuance of a Driveway Access Permit which
will be issued by LCDOT or appropriate road authority. Again, although
not all permits have to be obtained before any construction begins,
individual permits must be obtained before beginning the construction of
those individual access locations.
C. General Transportation Requirements
1) While the project is under construction, the maintenance of the roads and
all construction traffic control devices shall be the responsibility of the
Applicant. The Applicant shall provide the name and phone number of a
contact person who shall be responsible for responding immediately to any
maintenance needs of either the road or the traffic control devices. The
Applicant is responsible for having sufficient and appropriate equipment
available at all times to be used for maintenance activities. While it is not
necessary that the equipment be on site, it must be available within a 2
hour period.
2) The Applicant and contractors shall abide by all posted weight limits
unless permission is granted. All over weight loads shall obtain
permission and/or permits from the appropriate road authorities prior to
use of the road network.
3) Construction will not be allowed to begin until all traffic control devices
have been installed in accordance with the approved plan.
4) The Applicant will be responsible for completing the permit process.
D. Maintenance
1) The Applicant shall be responsible for the maintenance of roads, including
asphalt patching and shoulder maintenance during construction.
2) Should the Applicant not respond to a required maintenance request within
2 hours, the appropriate highway authority is permitted to perform the
maintenance and the Applicant will reimburse the highway authority for
100% of their cost of performing such maintenance. Should the Applicant
not make reimbursement to the highway authority, upon receipt of a
written reimbursement request, for the cost of said maintenance within 30
days, no further permits will be granted until such reimbursement is
received by the highway authority.
E. Project Completion
1) As soon as the construction activity has been completed on the entire
project, the Applicant shall contact the appropriate highway authority(ies)
to notify that the road(s) will no longer be needed for any material hauling
or delivery of equipment. The highway authority(ies) will then proceed to
evaluate the condition of the road as soon as possible following the
notification. The highway authority(ies) will then notify the Applicant of
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 21
any sections of the road or right-of-way that have been damaged and that
need to be repaired.
2) With every effort being made to keep construction traffic on designated
routes, it is acknowledged that with the volume of construction traffic
involved, sporadically construction traffic may have used non-designated
routes. With this in mind, the Applicant shall be responsible for repairs to
any roads used in such a manner. The appropriate road authority shall
determine which roads are affected and which repairs are needed.
6.7 REPORTING (LWES)
A. Complaint Log
1) The Owner shall log each complaint or call made to the hotline,
identifying the name, address and reason for the call.
2) The Owner shall notify [the Lake County Community] of any complaints.
B. Quarterly Reports
1) The Owner shall keep a Quarterly Report, at the Owner’s expense and in
coordination with [the Lake County Community].
2) The Quarterly Report shall summarize the operation and maintenance of
the LWES.
C. Periodic Review
1) Complaint Logs and Quarterly Reports shall be provided to [the Lake
County Community], as part of the periodic review of the
Conditional/Special Use Permit.
2) Complaint Logs and Quarterly Reports must be made available, as
reasonably requested by [the Lake County Community].
6.8 MAINTENANCE, DEFAULTS AND PERMIT SUSPENSION (LWES)
A. Maintenance and Investigation
1) The Owner of the LWES Project shall maintain and promptly repair the
LWES and its components, consistent with sound utility practice, as
necessary to keep the LWES project in good repair and operating
condition.
2) The Owner shall promptly investigate any complaints of potential permit
violations, within ten (10) days.
3) The results of the investigation shall be provided to [the Lake County
Community] and the person making the complaint, within thirty (30) days
of the complaint.
B. Remedies and Defaults
1) Should an LWES become inoperable, or should any part of the LWES
become damaged, or should an LWES violate a permit condition, the
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 22
Owner shall cease operations immediately and remedy the condition
promptly.
2) The Owner must remedy the condition within sixty (60) days upon written
notice from [the Lake County Community] or be considered to be in
default and the LWES considered to be abandoned.
3) A thirty (30) day extension may be authorized by [the Lake County
Community] zoning compliance officer.
C. Suspension and Decommissioning
1) If [the Lake County Community] determines that the Owner cannot
resolve the alleged default(s) within the good faith negotiation period
identified above, [the Lake County Community] shall suspend the
Conditional/Special Use Permit and the Decommissioning Plan shall be
put into effect.
2) If the abandoned facility is not removed within six (6) months of written
notice, [the Lake County Community] may remove all structures at the
owner’s expense. In the case of such removal [the Lake County
Community] has the right to file a lien for reimbursement, for any and all
expenses incurred by the [Lake County Community] without limitation,
including attorney fees and accrued interest.
6.9 HISTORIC DISTRICTS AND LANDMARKS
LWES facilities within one mile of the Local Historic District or Landmark or a
National Historic District or Landmark must receive a recommendation from the
Historical and Architectural Sites Commission prior to submitting an application
to the Plan Commission and [Lake County Community] Board/ Council.
7.0 INDEMNIFICATION
The Owner of the BWES, SWES, or LWES project shall defend, indemnify and
hold harmless [the Lake County Community] and their officials from and against
any and all claims, demands, losses, suits, causes of action, damages, injuries,
costs, expenses and liabilities whatsoever including attorney’s fees arising out of
the acts or omissions of the Owner concerning the operation of the WES project
without limitation, whether said liability is premised on contract or on tort.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 23
8.0 DEFINITIONS
Abandonment: Any Wind Energy System (WES) that has not been repaired to
operating condition within the reasonable timeframe identified by [the Lake
County Community], as provided in this ordinance.
Ambient Sound: The all-encompassing sound at a given location, usually a
composite of sounds from many sources near and far. For the purpose of this
ordinance, the “ambient sound level” shall mean the quiescent background level,
that is, the quietest of ten 10-second average sound levels measured when there
are no nearby or distinctly audible sound sources (e.g., dogs, cars in line-of-sight,
or jets). Daytime ambient measurements should be made during mid-morning,
weekday hours while nighttime measurements should be made after midnight.
Applicant: The Owner, who is in the process of submitting or has submitted an
application to install a Wind Energy System project in [the Lake County
Community].
Building-Mounted Wind Energy Systems (BWES): Wind Energy Systems that
are structurally attached either onto the roof of or to the side of a building.
Day time hours: The hours of the day from 7:00 am to 10:00 pm, local time.
Decibel (dB): The unit of sound level based on a reference where 0 dB
represents the threshold of hearing at 1000 Hz for a healthy young adult.
Decommissioning: Once a WES has been deemed inoperable or abandoned its
components must be disassembled and removed from the premises, including the
foundation. Upon removal, the site shall be restored to its original pre-
construction condition.
FAA: The Federal Aviation Administration of the United States Department of
Transportation.
FCC: The Federal Communications Commission.
Financial Assurance: A reasonable assurance from a credit worthy party,
examples of which include a surety bond, trust instrument, cash escrow, or
irrevocable letter of credit.
Grid-Intertie WES System: A system that converts wind energy to electrical
energy that is connected to an electric circuit served by an electric utility
company.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 24
High Quality Aquatic Resource: Waters of the United States or Isolated Waters
of Lake County that are determined to be critical due to their uniqueness, scarcity,
function and/or value.
Horizontal Axis Wind Turbine (HAWT): This is the most typical type of
turbine used. They have the main rotor shaft and generator at the top of the tower,
and must be pointed into the wind. Small turbines are pointed by a simple wind
vane, while large turbines generally use a wind sensor coupled with a servo
motor. Most have a gearbox, which turns the slow rotation of the blades into a
quicker rotation that is more suitable to drive an electrical generator.
IDNR: The Illinois State Department of Natural Resources.
Large Wind Energy Systems (LWES): Wind Energy Systems with turbine
towers and fully extended blades measuring taller than 175 ft. from the ground.
LWES include one or more wind turbines, electronic conversion and distribution
systems. They typically produce energy to be sold commercially and have a
nameplate capacity of 750 kW to 2.5 MW.
Met Tower: A meteorological tower with an anemometer, used for the
measurement of wind speed.
Nacelle: The part containing the shaft, gear box, and generator in a typical
horizontal axis turbine.
Nameplate Wattage: The amount of energy produced from a Wind Energy
System at maximum or optimum wind speeds within one hour, as indicated by the
manufacturer.
Neighboring Property: Any property within 500 feet of a BWES or SWES, or
within 1 mile of a LWES.
Nighttime hours: The time of the day after 10:00 pm until 7:00 am, local time.
Noise: Sound that adversely affects the psychological or physiological well-being
of people.
Nonparticipating Property: A property that is not owned by the Owner of the
property on which the WES is proposed or installed.
Operational condition: WES facilities being capable of operating at full
capacity while meeting all sound, shadow flicker and other permit conditions.
Operator: The entity responsible for the day-to-day operation and maintenance
of the WES, including any third party subcontractors.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 25
Owner:
The person(s), who hold(s) title of the property on which a BWES or
SWES facility is installed.
The entity or entities with an equity interest in the LWES facilities,
including their respective successors and assigns.
Participating Property: A property that is owned by the Owner of the property
on which the WES is proposed or installed.
Professional Engineer: A qualified individual who is licensed as a professional
engineer in the State of Illinois.
Shadow Flicker: The on-and-off strobe light effect caused by the shadow of
moving blades cast by the sun passing above the turbine. Shadow flicker intensity
is defined as the difference or variation in brightness at a given location in the
presence and absence of a shadow.
Silhouette: The area covered by moving blades of WES turbine, as viewed from
the front elevation, described in square feet.
Small Wind Energy Systems (SWES): Free-standing, tower-mounted Wind
Energy Systems with a system height measuring less than 175 ft. from the ground.
SWES facilities are accessory structures that generate power for local distribution
and consumption. Generators typically range from 1 kW to 100 kW in nameplate
wattage.
Sound: A disturbance or oscillation that propagates outwardly as acoustic waves
through the air.
Sound Frequency: The number of oscillations per second expressed in hertz
(Hz). How we perceive sound is partly dependant on frequency. High frequency
sound has more oscillations per second, whereas low frequency sound has fewer.
Audible or tonal sound: Sound frequencies between 20-20,000 Hz.
With WES, this may include mechanical sounds from rotating machinery
experienced as "hum" or "pitch" occurring at distinct frequencies.
Broadband: A wide range of frequencies above 100 Hz. With WES, the
aerodynamics from the displacement of air from the turning blades of a
wind turbine creates a "swishing" or "whooshing" sensation.
Low-frequency: Sound with frequencies below 100 Hz, including
audible sound and infrasound.
Infrasound: Sound frequencies below 20 Hz, which if sufficiently
intense, can be perceived by many individuals.
Sound Level: The A-weighted sound pressure level in decibels (dB) (or the C-
weighted level if specified) as measured using a sound level meter that meets the
requirements of a Type 2 or better precision instrument according to ANSI S1.4.
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Wind Energy Task Force of Lake County Communities – Wind Energy Systems Model Ordinance 26
The “average” sound level is time-averaged over a suitable period (say 1-minute)
using an integrating sound level meter that meets the requirements of ANSI
S12.43.
Structural Engineer: An Engineer who is licensed and registered to practice
structural engineering in the State of Illinois under the Illinois Structural
Engineering Act and whose principal professional practice is in the field of
structural engineering.
Structural Weight: The combined weight of the tower, wind turbine generator,
and any other component(s) otherwise supported by the base foundation.
Substation: The apparatus that connects the electrical collection system of the
WES facilities and increases the voltage for connection with the utility’s
transmission lines.
Sun Glint: The reflection of sunlight off of a surface of the blades, tower, or
other component of the wind energy system.
System Height: The distance from the ground to the highest point of the WES,
including the highest reach of the blades. See local zoning code to see how
measurement from the ground is determined.
Vertical Axis Wind Turbine (VAWT): A small scale wind turbine, in which the
main rotor shaft is arranged vertically creating an “egg beater” appearance. The
generator and gearbox are located near the ground so the tower does not have to
support it and it is more accessible for maintenance.
Watt: (Symbol: W) A derived unit of power in the International System of Units
(SI). It measures rate of energy conversion. One watt is equivalent to 1 joule (J)
of energy per second. The kilowatt (symbol: kW) is equal to one thousand watts.
The megawatt (symbol: MW) is equal to one million watts.
Wind Energy System (WES): A wind energy production, conversion and
distribution system consisting of a wind turbine, tower, and associated electronics
equipment. In other publications this is known as Wind Energy Conversion
System (WECS).
Wind Farm: More than one Large Wind Energy Systems (LWES) on a given
site, constructed for the commercial generation of electrical power.
Tower: The structure on which the wind system is mounted.
Turbine: The parts of a WES including the blades, nacelle and tail.
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SECURITY SOLAR LED BOLLARDS
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
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
2
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.
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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-
turbine Crescent Ridge wind project, IDNR
recommended that a post-construction mortality study
be undertaken. The county board adopted the
recommendation and added the study as a condition
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
Figure 1. A lone turbine generates 1.5 MW
northwest of Pittsfield, Pike County.
Photo: Penny L. Shank
4
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.1 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
5
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
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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
7
frequently submit ‘Information Requests’ during
facility planning to determine what protected
natural resources might be in a proposed project
location.
Over the past several years, requests for either
information or consultation have been submitted
to IDNR for portions of 37 counties (Figure 4).
Through personal communication with county
officials, the IDNR is aware that zoning has been
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
projects in Adams, Champaign, Logan, DeKalb,
Iroquois, LaSalle, Livingston, Ford, Knox,
Mercer, Warren, Jo Daviess, Bureau, and Coles
Counties. Henry County expects to issue
construction permits for up to 700 turbines within
the next year.
Some areas, however, are setting limitations on
wind energy development. The Boone County
Board denied a 15-turbine project, citing concerns
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
Livingston County has banned wind turbines
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.
Figure 4. Blue counties have confirmed or
potential wind projects.
8
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
9
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
Figure 5. Radar image from Weathertap, Inc.
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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.
11
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.
12
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.
13
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
14
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.
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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.
16
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
17
(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 of Mammalogy 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.
18
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.
dol:10.1371/journal.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 of Mammalogy 60:634-635.
Wind Energy Threat to Birds Is Overblown
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
November 25, 2013
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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,
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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 FWS 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 Journal's
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.
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Model Solar Ordinances
and Commentary
Kent (Maryland), County of. 2010. “Renewable Energy Task Force.” Renewable Energy Systems:
Solar. Appendix B, Background Information for Solar Energy.
Lancaster (Pennsylvania), County of. 2010. Municipal Guide to Planning For and
Regulating Alternative Energy Systems. Lancaster, Penn.: Lancaster County Planning
Commission.
Monroe (Pennsylvania), County of. 2010. “Model Ordinance for On-Site Usage of Solar Energy
Systems.”
Minnesota Environmental Quality Board. 2008 [revised 2012]. “Solar Energy Standards.” In From
Policy to Reality: Updated Model Ordinance for Sustainable Development. Prepared by CR
Planning, Inc., Minneapolis, Minn.
Rocky Mountain Land Use Institute. 2011. “Site Design Strategies for Solar Access.” Sustainable
Community Development Code. Beta Version 1.5. Denver, CO: Rocky Mountain Land Use
Institute.
KENT COUNTY, MARYLAND
RENEWABLE ENERGY TASK FORCE
Established 9 March 2010
Kent County, Maryland
Page 1 of 10
2
Table of Contents
Task Force Charge ……………….………………………… . 3
Task Force Roster …………………………………………… 4
Introduction ……………………….………………………… 5
Renewable Energy Systems:
Wind ………………………………………………… 6
Suggested Land Use Ordinance Language……… 12
Solar……………………………………………………… 14
Suggested Land Use Ordinance Language……… 15
Geothermal………………………………………………. 19
Suggested Land Use Ordinance Language……… 20
Biomass………………………………………………….. 21
Suggested Land Use Ordinance Language……… 22
Recommendations for Kent County Properties ………………… 23
State and Federal Energy Incentives ……………………………. 24
Appendix A:
Glossary ……………………………………………….. 25
Acronyms ……………………………………………… 26
Appendix B: Background Information
Wind …………………………………………………… 27
Solar……………………………………………………… 31
Geothermal………………………………………………. 34
Biomass………………………………………………….. 36
Appendix C:
Resources/Sources Consulted…………………………… 38
Kent County, Maryland
Page 2 of 10
14
Solar Energy Systems
Discussion
The RETF members discussed solar energy systems during 6 meetings. This section captures the evolution
and end result of that discussion. Unlike wind energy systems which prompted many jurisdictions to address
parameters of small and utility scale use through ordinances, solar energy systems are as not commonly
addressed in local codes. The task force reviewed a Solar Access Guide produced by the City of Boulder,
Colorado and design guidelines from the American Planning Association’s Zoning Practice. In addition, a solar
panel installer Robert Busler addressed the committee (See Appendix B: Solar for a synopsis of guest speaker
information and background information).
Considerations
There was very little model solar energy language available from Maryland counties for the RETF to consider.
Therefore, the committee built its dialogue from the manner in which they studied wind energy in the
previous weeks, beginning with an examination of residential use versus utility scale use of solar energy
technology.
The committee set about defining the parameters of each type of system. Commercial, or utility scale, systems
were established as those containing any device or combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any substance or device which collects sunlight for
generating energy primarily for use off site. It was also decided that the energy generated by this system could
be used to serve on site power needs.
Residential systems were defined as those containing a device or combination of devices or elements which
rely upon direct sunlight as an energy source, including but not limited to any substance or device which
collects sunlight for generating energy or heating hot water for use on site. However, the energy output could
be delivered to a power grid to offset the cost of energy on site.
Notably, the committee quickly came to a consensus on utility scale solar energy, deciding that it should be
permitted in the Industrial with clear standards and site plan review.
RETF members discussed the land available in the Industrial District (approximately 1,100 acres) and its main
geographic concentration in the County which is located along the Route 301 corridor adjacent to Massey
(with additional areas in Worton and near Chestertown). While the committee felt that utility scale solar
energy was an appropriate use of that land, they remained concerned about the availability of land zoned
Industrial for other desirable permitted uses. Therefore, the RETF decided that only 50 percent of land zoned
Industrial should be used to accommodate solar power. Once 25 percent of the land zoned Industrial is
occupied by solar energy systems, the County should be directed to re-evaluate this policy.
The committee heard a presentation on the use of solar panel arrays designed to provide electricity to chicken
houses. Members agreed that small solar energy systems should be permitted accessory uses on farms.
However, members were divided on locating utility scale solar energy systems in the Agricultural district. It
was ultimately decided that, with clear conditions, utility scale solar energy systems should be permitted as
special exceptions in not only the Industrial but also the Agricultural, Commercial, and Commercial Critical Area
zoning districts on a limited scale.
Kent County, Maryland
Page 3 of 10
15
Solar Easements
The RETF discussed solar easements and issues of solar access
involve neighboring air space, including the height and setback of
adjacent buildings and trees. Solar easements seek to create
adequate protections for property owners who install solar energy
systems while not creating hardships for adjacent property
owners. The RETF decided that the County should not adopt
solar access protection provisions but rather encourage property
owners installing solar energy systems to coordinate with
adjoining property owners to obtain solar access protection.
Safety
The committee discussed fire safety and emergency response
issues for solar energy systems. It was decided that an emergency
shut off mechanism should be required and notice of its location
should be submitted to emergency services.
Visual Aesthetics
Mindful of keeping the balance between the promotion of solar energy systems and the preservation of the
County landscape, the RETF decided that, while roof-mounted systems should be permitted as accessory uses
or as special exceptions, towers should be more closely reviewed. A roof mounted system must meet zoning
district height requirements and not extend more than 10 feet from the top of the roof.
To further address aesthetics, the committee established that a solar collection device or combination of
devices should be designed and located to avoid glare or reflection onto adjacent properties and roadways and
shall not interfere with traffic or create a safety hazard. Also, screening, capable of providing year-round
screening, should be provided along all sides of the system that do not actively collect energy.
Kent County solar regulations
Currently, the Land Use Ordinance does not address solar energy panels or systems directly. The few
applications that have been submitted to the County for solar panels have been treated as uses customarily
accessory to primary uses, such as a single family dwelling or an agricultural operation. All setback and height
restrictions in each zoning district would apply to a solar panel/system application. Commercial/utility scale
systems are not permitted.
RETF Recommendation:
The task force defined the following terms which apply to proposed zoning text amendments: small solar
energy systems and commercial solar energy systems. These terms as defined help to establish the parameters
against which small and large solar energy system applications are to be reviewed. The task force felt that it
was important to specify that energy production associated with a small solar energy system is to be used on
site or to qualify for a utility company credit (aside from output delivered to a power grid to offset on site
energy cost).
Following is a summary of the task force recommendations regarding solar energy system uses:
▪ Permitted Uses, Utility Scale, in the Industrial and Employment Center Districts: Conditions
of approval (5) were established to include installation and design specifications which reduce
impact on neighboring properties, height limit set at 10 feet above top of roof and set by
zoning district (45 foot limit), and registration with the Department of Emergency Services.
Site plan review is required.
▪ Permitted Uses, Small Scale, in Commercial and Commercial Critical Area: Conditions of
approval (5) were established to include installation and design specifications which reduce
Figure 3: Solar Panel
Kent County, Maryland
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impact on neighboring properties, height limit set at 10 feet above top of roof and set by
zoning district (45 foot limit), and registration with the Department of Emergency Services.
Site plan review is required.
▪ Permitted Uses/Special Exception, Utility Scale, in Agricultural and Resource Conservation
Districts: Conditions of approval (13) were established to include installation and design
specifications which reduce impact on neighboring properties and sites of significant public
interest, height limit set at 10 feet above top of roof and set by zoning district (38 foot limit),
and registration with the Department of Emergency Services. In addition, the solar collection
system shall be incidental to the use of the farm with no alteration of utility infrastructure to
accommodate system. Area of use may not exceed 5 acres onsite with no aggregation of solar
collection panels on adjacent properties which exceed 5 acres. Area developed by utility scale
solar energy system is considered development and counted toward the maximum percentage
of the property in lots. Site plan review is required.
▪ Permitted Uses/Special Exception, Utility Scale in Commercial and Commercial Critical Area
Districts: Conditions of approval (6) were established to include installation and design
specifications which reduce impact on neighboring properties and sites of significant public
interest, height limit set at 10 feet above top of roof and set by zoning district (45 foot limit),
and registration with the Department of Emergency Services. Site plan review is required.
▪ Permitted Accessory Uses, Small Scale, in Industrial District: Conditions of approval (5) were
established to include installation and design specifications which reduce impact on
neighboring properties, height limit set at 10 feet above top of roof and set by zoning district
(45 foot limit), and registration with the Department of Emergency Services.
▪ Permitted Accessory Uses, Small Scale, in Agricultural, Resource Conservation, Rural
Character, Rural Residential, Critical Area Residential, Community Residential, Village, and
Marine Districts: Conditions of approval (3) were established to include a restriction on tree
removal, registration with the Department of Emergency Services, and a height limit
established by zoning district.
Solar Energy Systems: Proposed Land Use Ordinance Language
Definitions:
Solar Energy System, Utility Scale: Any device or combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any substance or device which collects sunlight for
generating energy primarily for use off-site. Energy generated may be used to serve on site power needs.
Solar Energy System, Small: Any device or combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to any substance or device which collects sunlight for
generating energy for use onsite. However, the energy out put may be delivered to a power grid to offset the
cost of energy on site.
Permitted Uses
Solar Energy Systems, Utility Scale in EC and I provided:
a) A solar collection device or combination of devices are designed and located to avoid glare or
reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create
a safety hazard.
b) Screening, capable of providing year round screening, is provided along the non-reflective axis of the
solar collection device or collection of devices.
c) Roof mounted solar collection devices shall not extend more that 10 feet from the top of the roof.
The total height of the building including the solar collection devices shall comply with the height
regulations.
d) Solar collection devices shall not exceed 45 feet in height.
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e) All solar collection devices shall register with the Department of Emergency Services and shall submit
a map noting the location of the solar collection devices and the panel disconnect.
Solar Energy Systems, Small in C and CCA provided:
a) A solar collection device or combination of devices are designed and located to avoid glare or
reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or
create a safety hazard.
b) Screening, capable of providing year-round screening, is provided along all sides that do not
collect energy.
c) Roof mounted solar collection devices shall not extend more that 10 feet from the top of the
roof. The total height of the building including the solar collection devices shall comply with the
height regulations.
d) Solar collection devices shall not exceed 45 feet in height.
e) All solar collection devices shall register with the Department of Emergency Services and shall
submit a map noting the location of the solar collection devices and the panel disconnect.
Special exceptions
Solar Energy Systems, Utility Scale on farms in the AZD and RCD provided:
a) A solar collection device or combination of devices are designed and located to avoid glare or
reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or
create a safety hazard.
b) Screening, capable of providing year-round screening, is provided along all sides that do not
collect energy.
c) Roof mounted solar collection devices shall not extend more that 10 feet from the top of the
roof. The total height of the building including the solar collection devices shall comply with the
height regulations established for each zoning district.
d) Solar collection devices shall not exceed 38 feet in height.
e) The solar collection system shall be incidental to the use of the farm.
f) Installation of the solar collection system shall not adversely impact adjacent properties.
g) All structures associated with the solar collection system shall be neither visually intrusive nor
inappropriate to their setting.
h) All solar collection devices shall register with the Department of Emergency Services and shall
submit a map noting the location of the solar collection devices and the panel disconnect.
i) Other than wire size, there shall be no alteration of utility infrastructure to accommodate system.
j) Area of use may not exceed 5 acres onsite. Adjacent properties shall not aggregate solar
collection panels to achieve an area exceeding 5 acres.
k) In AZD, area developed by utility scale solar energy system is considered development and
counted toward the maximum percentage of the property in lots.
l) Tree removal shall be minimized and any removal shall be mitigated in accordance with the
Critical Area program requirements.
m) The applicant shall demonstrate that a utility solar energy system shall not unreasonably interfere
with the view of, or from, sites of significant public interest such as public parks, a national or
state designated scenic byway, a structure listed in the Kent County Historic Site Survey, an
historic district, or of the Chesapeake Bay and its tributaries.
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Solar Energy Systems, Utility Scale in C and CCA provided:
a) A solar collection device or combination of devices are designed and located to avoid glare or
reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or
create a safety hazard.
b) Screening, capable of providing year-round screening, is provided along all sides that do not
collect energy.
c) Roof mounted solar collection devices shall not extend more that 10 feet from the top of the
roof. The total height of the building including the solar collection devices shall comply with the
height regulations.
d) Solar collection devices shall not exceed 45 feet in height.
e) All solar collection devices shall register with the Department of Emergency Services and shall
submit a map noting the location of the solar collection devices and the panel disconnect.
f) The applicant shall demonstrate that a utility solar energy system shall not unreasonably interfere
with the view of, or from, sites of significant public interest such as public parks, a national or
state designated scenic byway, a structure listed in the Kent County Historic Site Survey, an
historic district, or of the Chesapeake Bay and its tributaries.
Permitted Accessory Uses
Solar Energy Systems, Small in I provided:
a) A solar collection device or combination of devices are designed and located to avoid glare or
reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create
a safety hazard.
b) Screening, capable of providing year round screening, is provided along the non-reflective axis of the
solar collection device or collection of devices.
c) Roof mounted solar collection devices shall not extend more that 10 feet from the top of the roof.
The total height of the building including the solar collection devices shall comply with the height
regulations.
d) Solar collection devices shall not exceed 45 feet in height.
e) All solar collection devices shall register with the Department of Emergency Services and shall submit
a map noting the location of the solar collection devices and the panel disconnect.
Solar Energy Systems, Small in the AZD, RCD, RC, RR, CAR, CR, V, M provided:
a) Tree removal shall be minimized and any removal shall be mitigated in accordance with the
Critical Area program requirements.
b) All solar collection devices shall register with the Department of Emergency Services and shall
submit a map noting the location of the solar collection devices and the panel disconnect.
c) The total height of solar collection systems shall comply with the height requirements.
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Appendix B: Background Information for Solar Energy
Guest Speaker
Robert Busler discussed his experiences as a representative of the solar energy company Standard Solar. He
shared examples of roof mounted solar panels on a wide variety of residences and shared his own experience
with the roof mounted solar panels installed on his residence in Chestertown’s historic district.
In addition to leading a discussion on the aesthetics of solar panel installation, Mr. Busler shared the following
topics for the task force’s consideration:
• Roof Mounting (left)
– Alignment with existing roof slope
– Color of panels
– Appearance of cell pattern
– Mounting systems
Figure 9: Roof mounting Figure 10: Ground Mounting
• Ground Mounting (right)
– Height of system
– Views from neighboring property
– Glare at 30 degree tilt - none
Background
The most common solar technologies used on buildings in the United States are solar photovoltaic (PV)
panels that generate electricity and solar thermal systems that heat water or air. Solar PV produces electricity
through the conversion of direct sunlight to energy. The semiconductor materials in the PV cell interact with
the sunlight to generate electric current. The most electricity is produced when the sun’s rays are directly
perpendicular to the PV panels. Since PV only works with sunlight, most systems are also connected to the
utility grid to guarantee around-the-clock electricity. The orientation of a PV system affects its performance;
usually the best location is on a south-facing roof. Flat roofs allow the panels to be tilted in the optimal
direction.
PV systems work best without any obstructions from trees or structures. Because the sun is higher in the
summer and lower in winter, placement of the PV involves an assessment of these factors. In any specific
location, as the surface area of a PV system exposed to sunlight increases, the amount of electricity produced
also increases. Depending on site conditions and economic constraints, residential-scale PV systems can range
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Appendix B: Background Information for Solar Energy continued
from 100 to 1,000 square feet. (“Balancing the Solar Access Equation”, Gail Feldman and Dan Marks, aicp,
Zoning Practice 4.09).
Two Sources of Energy: Light and Heat
• Light
– Photovoltaics (PV) - direct conversion of sunlight to electricity.
• Heat
– Active solar thermal heats water.
– Passive solar thermal heats a building
through design (windows, orientation, etc.)
Components of Solar PV Systems
• Solar panels – mounted on roof, pole, ground, or other structure
• Inverter – DC to AC
• Balance of System (BOS)
– Charge Controller (battery systems)
– Disconnect switch (usually inverter-integrated)
– Circuit breaker box
• Backup System – add batteries, different inverter, second breaker box, move circuits
Solar Energy Information
Solar energy can be captured and converted into heat or electricity by a number of devices. For example, a
result of the fuel shortages in the 1970’s, many homes and buildings in the U.S. were fitted with flat collectors
that captured solar energy because of the dark color of the collector. This energy was then used to heat water
(most often by running a thin film of water directly through the hot panel) to replace conventionally
produced hot water. In some cases the energy was used to heat or help heat the home.
There are many methods of collecting solar energy and converting it to electrical power, but in general most
systems can be classified as belonging to either of two main groups. The first group is made up of
photovoltaics (PV), as discussed above. There is also Concentrating Solar PV (CPV) which uses a lens to
increase the available sunlight onto a much smaller but more efficient PV cell, but the system must be
mounted on a two axis tracker to constantly and accurately point the lens at the sun. The second main group
is comprised of concentrating solar power (CSP) in which parabolic troughs are used to concentrate sunlight
onto a central pipe filled with oil which absorbs the energy as heat. This oil is then circulated to a heat
exchanger which then is used to ultimately generate steam to drive a turbine and generator (much like fossil
fuel electrical production). Most small-scale solar power systems employ photovoltaics.
The most common form of PV is the rigid silicon crystal solar cell. One of these PV cells is manufactured by
arranging many thinly cut layers of silicon crystal in large flat rigid, glass covered sheets called cells, which in
turn are arranged in collections called arrays. These arrays are often seen on roofs of residences, businesses,
and public buildings; covering large areas of usually southern exposures, supported by racks that hold them at
varied angles aimed at the sun.
Sometimes these same arrays are ground mounted on racks or poles. They can be rigidly mounted, or on
poles that let the arrays move to follow the sun from East to West, or from the horizon to the high noon for
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Appendix B: Background Information for Solar Energy continued
cost considerations, they are rigidly mounted at an average angle, usually an angle in degrees equal to or near
position, or both simultaneously. Efficiency is improved when the panels can track the sun. Most commonly,
the geographical latitude of the array (39 to 40 degrees for Kent County). Usually they are mounted facing
south as near as possible, given other considerations such as roofline layout or landscaping.
These cells turn sunlight into electricity due to the unique ability of the specially treated silicon to shed an
electron that will then follow a circuit the manufacturer laid out in the construction of the cell. Electrons
excited by the sunlight falling on the surface of the cell can move about, creating an electrical current which
travels from the cell to a load (such as the electrical devices in a home) and back to the cell.
Generally, the trip goes first to an inverter, which changes the DC current from the cell to AC current (which
can be used in the home or business), then on to a distribution panel, such as the one that houses the circuit
breakers for your house.
If you are connected to the electrical grid, the power you do not use for your household loads at the very
instant the current is created will flow backwards through your electrical meter to the rest of the grid, turning
your meter backwards if you have one meter, or registering on your “watts produced” meter if you have two.
If you are not connected to the grid, the current may go directly from the PV array to a bank of batteries for
storage, from which it is later taken and either used directly to power DC lights and appliances or converted
into AC. A system of this type that is also connected to the grid must have either an automatic or manual
disconnect switch that allows connection to only one source (grid or solar array) at a time.
Other types of less common solar collectors include thin cell PV and concentrating solar PV collectors. Thin
cell solar is just that: a very thin and flexible cell structure printed on a plastic scrim with an adhesive backing
that can be applied as a building material on roofs or external walls of buildings. It is a less efficient collector
of solar energy than silicon crystal, but many times cheaper, and its flexibility allows it to be incorporated into
the structure rather than being an add-on.
Concentrating solar is a PV cell that has its own concentrating device looking like a reverse Fresnel lens (like
those used to concentrate the beams in lighthouses) which concentrates the solar energy many times, allowing
for a smaller but more efficient solar cell. This cell must have a two-axis pointing device so that the cell is
always pointed directly at the sun.
Researchers are also searching for materials other than silicon that can be used in PV. Suitable materials will
decrease the cost of solar panels by either increasing efficiency (more sunlight captured) or decreasing the
cost of manufacture, or both.
The unit of measure of how much electrical power a solar array produces is the kilowatt hour (kWh) which is
the number of kilowatts (kW) produced in one hour of time. The size of an array is rated by how many kWh’s
it can be expected to produce, in perfect solar conditions, in one hour. An array that can be expected to
produce 5 kW’s in one hour is rated as a 5kW system. Larger commercial systems are measured in Megawatts
(mW), with a megawatt being equal to 1000 kilowatts.
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MUNICIPAL GUIDE TO PLANNING FOR
AND REGULATING ALTERATIVE
ENERGY SYSTEMS
Lancaster County Planning Commission
October 2010
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Contents
DEFINITIONS ................................................................................................................................ pages 2-6
INRODUCTION .............................................................................................................................. pages 7-9
Accessory Solar Energy System ............................................................................................ pages 10-16
Accessory Wind Energy System ............................................................................................ pages 17-21
Accessory Anaerobic Digesters ................................................................................................ pages 22-25
Accessory Geothermal Energy System ................................................................................ pages 26-31
Outdoor Wood-fired Boilers ................................................................................................. pages 32-33
Principal Solar Energy System.............................................................................................. pages 34-37
Principal Wind Energy Systems .................................................................................................. pages 38-40
Regional Anaeroboic Digesters .................................................................................................. pages 41-43
References ..................................................................................................................................... page44-45
Municipal Guide to Planning for and Regulating Alternative Energy Systems
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DEFINITIONS
1. ACCESSORY ANAEROBIC DIGESTER – An anaerobic digester used to convert
biogas into electricity, heat, and water and is intended to primarily reduce on-site
consumption of utility power. A system is considered a small anaerobic digester only if it
supplies electrical or thermal power for on-site use, except that when a property upon
which the facility is installed also receives electrical power supplied by a utility company,
excess electrical power generated and not presently needed for on-site use may be used
by the utility company. Small anaerobic digesters use livestock and poultry manure
generated on-site from one (1) farm, and is designed and intended solely to generate
power to off-set utility costs. Small anaerobic digesters may include ―co-digestion‖ in
which the livestock and poultry manure (primary catalyst) may be mixed with other
organic materials (secondary catalysts).
2. ACCESSORY SOLAR ENERGY SYSTEM – A solar collection system consisting of
one or more roof and/or ground mounted solar collector devices and solar related
equipment, which has a rated capacity of less than or equal to ten (10) kilowatts (for
electricity) or rated storage volume of the system of less than or equal to two hundred
forty (240) gallons or that has a collector area of less than or equal to one thousand
(1,000) square feet (for thermal), and is intended to primarily reduce on-site consumption
of utility power. A system is considered a small solar energy system only if it supplies
electrical or thermal power solely for on-site use, except that when a property upon which
the facility is installed also receives electrical power supplied by a utility company,
excess electrical power generated and not presently needed for on-site use may be used
by the utility company.
3. ACCESSORY WIND ENERGY SYSTEM – A wind energy conversion system
consisting of a wind turbine, tower, and associated control or conversion electronics,
which has a rated capacity of less than or equal to hundred (100) kilowatts and is
intended to primarily reduce on-site consumption of utility power. A system is considered
a small wind energy system only if it supplies electrical power solely for on-site use,
except that when a parcel on which the system is installed also receives electrical power
supplied by a utility company, excess electrical power generated and not presently
needed for on-site use may be used by the utility company.
4. ACIDITY(BASICITY) - the amount of acid present in a solution
5. APPLICANT – The person or entity filing application under this ordinance.
6. ANAEROBIC DIGESTER – A facility which main purpose is to use anaerobic digestion
processes to convert livestock manure (primary catalyst) and feedstock into biogas, which
is generally burned on-site to produce electricity, heat, and water; as well as to manage
livestock and poultry manure. Anaerobic digesters may include ―co-digestion‖ in which
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the livestock and poultry manure (primary catalyst) may be mixed with other organic
materials (secondary catalysts). Types of anaerobic digesters include covered anaerobic
lagoons, plug-flow, and/or complete mix (or continually stirred tank reactor), along with
other appurtenant sites, structures and buildings, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
7. ANAEROBIC DIGESTION - is a series of processes in which microorganisms break
down biodegradable material in the absence of oxygen, used for industrial or domestic
purposes to manage waste and/or to release energy.
8. ANSI – The American National Standards Institute
9. APCA – Air Pollution Control Act
10. APPURTENANCES – The visible, functional, or ornamental objects accessory to and
part of buildings.
11. ASTM – The American Society for Testing and Materials
12. BIOGAS – A fuel consisting of methane, carbon dioxide, and small amounts of water and
other compounds produced as part of anaerobic digestion processes.
13. BUILDING CODE – The Municipal Uniform Construction Code Ordinance
14. CLEAN WOOD – Natural wood that has that has been seasoned to reduce its water
content and provide more efficient combustion. The term clean wood does not include
wood:
a. Coated with paint, stain, oil, resin or any other preservative, fire retardant or
decorative materials;
b. Impregnated with preservatives or fire retardants;
c. Exposed to salt water; nor
d. Manufactured with use of adhesives, polymers or resins, such as strand, particle
and veneer lumber and recycled lumber.
15. EPA – United States Environmental Protection Agency
16. GEOTHERMAL TERMS –
a. Closed Horizontal Loop Geothermal System: A mechanism for heat exchange
which consists of the following basic elements: underground loops of piping; heat
transfer fluid; a heat pump; an air distribution system. An opening is made in the
Earth. A series of pipes are installed into the opening and connected to a heat
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exchange system in the building. The pipes form a closed loop and are filled with
a heat transfer fluid. The fluid is circulated through the piping from the opening
into the heat exchanger and back. The system functions in the same manner as the
open loop system except there is no pumping of groundwater. A horizontal closed
loop system shall be no more than twenty (20) feet deep.
b. Closed Vertical Loop Geothermal System: A borehole that extends beneath the
surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes
are connected to the heat exchanger and heat transfer fluid is circulated through
the pipes.
c. Geothermal Boreholes: A hole drilled or bored into the earth into which piping is
inserted for use in a closed vertical loop geothermal system.
d. Geothermal Energy System: An energy generating system that uses the Earth’s
thermal properties in conjunction with electricity to provide greater efficiency in
the heating and cooling of buildings.
e. Open Horizontal Loop Geothermal System: Water is pumped from a water well or
other water source into a heat exchanger located in a surface building. The water
drawn from the Earth is then pumped back into the ground through a different
well or in some cases the same well, also known as ―re-injection‖. Alternatively,
the groundwater could be discharged to a surface water body also known as a
―pump and dump‖. In the heating mode, cooler water is returned to the Earth, and
in the cooling mode, warmer water is returned to the surface water body or well.
17. HUB HEIGHT – The distances measured from the surface of the tower foundation to the
height of the Wind Turbine hub, to which the blade is attached.
18. METHANOGENS –bacteria found in anaerobic environments such as animal intestinal
tracts or sediments or sewage and capable of producing methane.
19. NET METERING – A mechanism that provides a simplified approach for
interconnecting and metering on-site renewable generating facilities, such as a solar PV
system. It allows customers to use excess solar electric generation to offset utility-
purchased electricity on a monthly or annual basis.
20. OCCUPIED BUILDING means a residence, school, hospital, church, public library or
other building used for public gathering that is occupied or in use when the permit
application is submitted.
21. OUTDOOR WOOD-FIRED BOILER (HYDRONIC HEATER) – A fuel-burning device,
also known as an ―outdoor hydronic heater‖, ―outdoor wood-fired furnace‖, and ―outdoor
wood-burning appliance‖, designed:
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a. to burn clean wood or other fuels specifically tested and listed for use by the
manufacturer;
b. by the manufacturer specifically for outdoor installation or installation in
structures not normally intended for habitation by humans or domestic animals
(e.g., garages); and
c. to heat building space and/or water via distribution, typically through pipes, of a
fluid heated in the device, typically water or a water/antifreeze mixture.
22. PHASE 2 OUTDOOR WOOD-FIRED BOILER (HYDRONIC HEATER) – An outdoor
wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate
matter emission limit of 0.32 pounds per million British Thermal Units (BTU) output and
is labeled accordingly, with a white ―hang‖ tag.
23. PHOTOVOLTAIC (PV) – The technology that uses a semiconductor to convert light
directly into electricity.
24. PRINCIPAL ANAEROBIC DIGESTER – An anaerobic digester principally used to
convert biogas into electricity, heat, and water. Large anaerobic digesters accept both
livestock manure (primary catalyst) and feedstock, generated off-site or from more than
one (1) farm. Large anaerobic digesters may include ―co-digestion‖ in which the
livestock and poultry manure (primary catalyst) may be mixed with other organic
materials (secondary catalysts).
25. PRINCIPAL SOLAR ENERGY PRODUCTION FACILITY – An area of land or other
area used for a solar collection system principally used to capture solar energy and
convert it to electrical energy. Large solar energy production facilities consist of one or
more free-standing ground, or roof mounted solar collector devices, solar related
equipment and other accessory structures and buildings including light reflectors,
concentrators, and heat exchangers, substations, electrical infrastructure, transmission
lines and other appurtenant structures and facilities, which has a rated capacity of more
ten (10) kilowatts (for electricity) or rated storage volume of the system of more than two
hundred forty (240) gallons or that has a collector area of more than one thousand (1,000)
square feet (for thermal).
26. PRINCIPAL WIND ENERGY PRODUCTION FACILITY – An area of land or other
area used for a wind energy conversion system principally used to capture wind energy
and convert it to electrical energy. Large wind energy production facilities consist of one
or more wind turbines, tower, and associated control or conversion electronics and other
accessory structures and buildings including substations, electrical infrastructure,
transmission lines and other appurtenant structures and facilities, which has a rated
capacity of more than one hundred (100) kilowatts.
27. RESPONSIBLE OFFICIAL– Person designated by the municipality to be responsible for
the administration and enforcement of this ordinance.
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28. SOLAR COLLECTION SYSTEM – A solar photovoltaic cell, panel, or array, or solar
hot air or water collector device, which relies upon solar radiation as an energy source for
collection, inversion, storage, and distribution of solar energy for electricity generation or
transfer of stored heat.
29. SOLAR RELATED EQUIPMENT – Items including a solar photovoltaic cell, panel, or
array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting
brackets, framing and possibly foundations used for or intended to be used for collection
of solar energy.
30. STACK – Any vertical structure enclosing a flue(s) that carry off smoke or exhaust from
a furnace or other fuel-burning device, especially that part of a structure extending above
a roof.
31. WET STAMP- A from-scratch calculation performed by a structural engineer of the
tower's integrity.
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Municipal Guide to Planning for and Regulating
Alternative Energy Systems
The production of alternative forms of energy, either for individual or utility consumption, is a
land use not often addressed in most comprehensive plans or zoning ordinances in Lancaster
County. However, some municipalities in recent years have often been faced with decisions
regarding the appropriate scale and location of these uses in their community. The Pennsylvania
Municipalities Planning Code gives local municipalities the authority through comprehensive
plans and ordinances to set provisions regulating the placement, construction, operation and
maintenance of alternative energy projects. (MPC Sections 105, 301.4.1, and 707.4.viii.1)
The types of alternative energy systems most commonly seen in Lancaster County currently are
wind, solar, manure digesters, outdoor wood-fired boilers, and geothermal. Some of these
systems, particularly wind, solar, and manure digesters, can vary in the size of the system, the
amount of energy produced, and whether that energy is produced primarily for consumption by
the property owner or is intended to be transmitted to and sold for the electrical grid.
Before adopting zoning or subdivision and land development ordinance regulations for
alternative energy systems, municipalities should first examine and decide the proper location for
these uses. The elected and appointed officials should review the land use goals and objectives
identified in their comprehensive plan, and the purpose statements for specific zoning districts in
their zoning ordinance. These planning documents provide a context to evaluate the
appropriateness of specific uses in specific areas of the municipality.
The following is a list of policy points that municipal officials should address in determining the
appropriate location and scale of these uses. The list addresses both smaller scale accessory-type
applications most typically seen in residential and in some non-residential zoning districts, as
well as more land-consumptive and impact-intensive uses typically seen in rural and agricultural
zoning districts. A second part of this guide (beginning on page 10) will provide examples of
specific zoning ordinance language.
Smaller-scale alternative energy uses
Municipalities should first decide how to allow these types of uses. It is recommended that an
alternative energy system, designed primarily to provide energy for a home or business, be
allowed as other accessory structures and buildings are. Most often these structures and buildings
are permitted by right.
The primary consideration in the approval process for almost all accessory uses, especially in
residential zoning districts, is the impact on neighboring properties. These include appearance,
odor, noise, increased traffic, and others. Most alternative energy systems pose minimal impacts.
Municipal Guide to Planning for and Regulating Alternative Energy Systems
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One exception are outdoor wood-fired boilers which because of the emissions produced are
usually not permitted in residential zoning districts. The following list examines potential
impacts from specific alternative energy systems. The second part of this report will provide
examples of zoning ordinance language municipalities have adopted to address these impacts:
1. Height- This is almost exclusively a concern for wind energy systems. These systems
will almost always be among the highest structures within a residential, and even a
commercial or industrial, zoning district. One wind energy association report
recommends that that the bottom of the wind turbine rotor should clear the highest
wind obstacle within a 500 foot radius by at least 30 feet. The higher the tower
height the more wind power will be produced. Therefore, a municipality must balance
neighborhood aesthetics with the energy efficiency of the unit. Although there is no
ideal height that balances these concerns, municipal officials should look at the
maximum height of similar structures, such as cell tower, flagpoles, and antennas that
are allowed in these zoning districts.
2. Setbacks- Most municipalities have required these systems, like other accessory uses,
to be located in side or rear yards. Setback distances should be the same as other
accessory structures. Because wind turbines have generally been designed to
withstand hurricane force winds, requiring an applicant to submit the manufacturer’s
engineering specifications should be sufficient proof to determine that the system will
not fall onto a neighboring property.
3. Signage- Signage should not be permitted on any alternative energy system other than
the manufacturer’s label or sign.
4. Screening and fencing- Most municipalities do not require applicants to screen or
fence these systems. In many instances, especially for solar systems, screening will
reduce the energy efficiency of the unit.
Larger-scale alternative energy uses
These types of systems are designed to produce greater levels of energy, either for consumers
with higher energy demand levels such as farms or industrial uses, or designed primarily to
produce energy to be supplied directly to the electrical grid. Municipalities must look not only at
the operational impacts of these uses but also locational concerns as well.
Developers of utility-scale alternative energy systems, especially those designed primarily to
produce energy for the electrical grid, often require relatively large parcels of land to locate their
facility. Similar to other land-consumptive uses such as school campuses and recreational uses,
applicants usually wish to locate these uses in rural areas where it is easier to assemble the
required land and the per acreage cost of the land is lower than within a Designated Growth
Area. In determining whether to permit these uses, municipalities must first review their land use
objectives in their comprehensive plan and the purpose statement of the specific zoning districts.
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Most often, the great majority of land in rural areas of Lancaster County is zoned agricultural.
Most local and regional comprehensive plans recommend that only agricultural uses, or uses that
support the agricultural industry, be allowed. Balance: The Growth Management Element of the
Lancaster County Comprehensive Plan also recommends that only land uses that support the
agricultural economy be permitted in agricultural areas. Therefore, the Lancaster County
Planning Commission has recommended that only electricity produced from manure digesters be
permitted as the primary use in the agricultural zoning district. Solar, wind, and other alternative
energy sources can be allowed but only as an accessory use. Some municipalities have limited
the total amount of land dedicated to this use as a percentage of the total acreage of the farm,
oftentimes no more than one or two per cent of the total.
Because most alternative energy uses are not recommended to be the primary land use for
properties within the agricultural zoning district, municipalities whether this should be allowed
in other zoning districts. However, a municipality may determine that this type of use is also not
appropriate in an industrial district because of the large land needs and the lack of employment
provided. In these circumstances, larger-scale alternative energy systems may only be permitted
as an accessory use.
The following is a list of operational impacts to be considered when permitting larger-scale
alternative energy uses:
1. Large-scale, or regional manure digesters bring manure to a site by truck. The
municipality should review the number and schedule of truck traffic with the
applicant to minimize impacts.
2. Screening of alternative-energy systems in rural areas is generally less of a concern
than in residential zoning districts. However, the municipality should look at the
proximity of the proposed system to neighboring residences and road frontages and
determine whether screening would be appropriate.
3. Outdoor wood-fired boilers should only be allowed in rural or agricultural areas
because of the potential airborne impacts from emissions. The PA DEP has produced
a Model Ordinance for Outdoor Wood-Fired Boilers that addresses many of the land
use issues involved with these uses.
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ACCESSORY SOLAR ENERGY SYSTEMS
How Accessory solar energy systems Work
There are two major forms of solar energy technology: photovoltaic (PV) systems and solar
thermal systems.
Photovoltaic Systems
Solar electric systems, also known as photovoltaic (PV) systems, convert sunlight into
electricity. Photovoltaic power generation employs solar panels comprising a number of cells
containing a photovoltaic material. When sunlight is absorbed by these materials, the solar
energy knocks electrons loose from their atoms. This phenomenon is called the "photoelectric
effect." These free electrons then travel into a circuit built into the solar cell to form electrical
current. Only sunlight of certain wavelengths will efficiently create electricity. PV systems still
produce electricity on cloudy days, but not as much as on a sunny day.
The basic PV or solar cell typically produces only a small amount of power. To produce more
power, solar cells (about 40) can be interconnected to form panels or modules. PV modules
range in output from 10 to 300 watts. If more power is needed, several modules can be installed
on a building or at ground-level in a rack to form a PV array.
PV arrays can be mounted at a fixed angle facing south, or they can be mounted on a tracking
device that follows the sun, allowing them to capture the most sunlight over the course of a day.
(References: U.S. Department of Energy: Energy Efficiency and Renewable Energy, PA Solar Municipal Guide)
Illustration from U.S. Department of Energy
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Illustration from U.S. Department of Energy
Illustration from PA Solar Energy Guide
Illustration from U.S. Department of Energy
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Solar Thermal Systems
Solar thermal systems use solar energy to typically heat a fluid, such as water or an antifreeze
solution, or heat a gas, such as air. Solar thermal systems are most commonly utilized for heating
residential hot water systems, though they are also used for space heating, spas or swimming
pools, and even space cooling.
Illustration from PA Solar Energy Guide
Municipal Authority
The Pennsylvania Municipalities Planning Code gives municipalities the authority to adopt
comprehensive plans (MPC Sections 301a.4.1 and 301.1) and ordinances (MPC Sections503.6
and 604.1) to ensure solar and other alternative energy access, including solar access ordinances,
development guidelines requiring proper street orientation, and zoning ordinances that contain
building height restrictions to avoid shading neighboring solar panels.
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Restrictive Covenants
Despite the recent surge for renewable energy development at the state and local levels, many
consumers still face local ordinances and homeowner’s association rules that prohibit, restrict, or
drastically increase the cost of installing a solar energy system. More than half of U.S. States
have solar rights laws that protect consumers from any restrictive covenant. Pennsylvania is not
one of the states that have a solar right’s or access law.
(References: Database for State Incentives for Renewables and Efficiency website)
Model Zoning Language
As solar energy systems become increasingly commonplace in local communities, zoning and
subdivision ordinances can provide significant legal structure for ensuring that the integration of
solar systems into new and existing building construction and land development aligns with the
regulations, goals and expectations of a specific municipality.
Here is an example of model zoning language for solar energy systems:
ACCESSORY SOLAR ENERGY SYSTEMS: Permitted by right as an accessory use in all zoning
districts where structures of any sort are allowed, as long as it meets the requirements of this
Chapter and all other applicable construction codes as set forth below:
Applicability
o A system is considered an accessory solar energy system only if it supplies electrical or
thermal power primarily for on-site use, except that when a property upon which the
facility is installed also receives electrical power supplied by a utility company, excess
electrical power generated and not presently needed for on-site use may be used by the
utility company. The owner of the accessory solar energy system shall provide written
confirmation that the public utility company has been informed of the customer’s intent
to install an interconnected customer-owned generator and also approves of such
connection. Off-grid systems shall be exempt from this requirement.
o This ordinance applies to Solar Energy Systems to be installed and constructed after the
effective date of the ordinance, and all applications for Solar Energy Systems on existing
structures or property.
o Any upgrades, modifications or changes that materially alter the size or placement of an
existing Solar Energy System shall comply with the provisions of this Chapter.
Design and Installation
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o To the extent applicable, the Solar Energy System shall comply with all applicable
building and construction codes as amended and any regulations adopted by the
Department of Labor and Industry.
o The design and installation of accessory solar energy systems shall conform to
applicable industry standards, including those of the American National Standards
Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and
Materials (ASTM), or other similar certifying organizations, and shall comply with the
Municipal Building Code and with all other applicable fire and life safety requirements.
The manufacturer specifications shall be submitted as part of the application.
o All exterior electrical and/or plumbing lines must be buried below the surface of the
ground and be placed in a conduit.
o Whenever practical, all accessory solar energy systems shall be attached to a
building, or located on an impervious surface. If not designed to be attached to
the building, the applicant shall demonstrate by credible evidence that such
systems cannot feasibly be attached to a building due to structural imitations of
the building.
o Accessory solar energy systems shall be designed and located in order to
prevent reflective glare toward any inhabited structure on adjacent properties
as well as adjacent street rights-of-way.
o No portion of an accessory solar energy system shall be located within or above
any front yard, along any street frontage, nor within any required setback of any
property.
(This Section is from the PA Municipal Guide for solar Energy Systems and
Rapho Township’s Alternative Energy Ordinance)
Height Restrictions– Active solar energy systems must meet the following requirements:
o Building- or roof- mounted solar energy systems shall not exceed the maximum allowed
height in any zoning district. For purposes for the height measurement, solar energy
systems other than building-integrated systems shall be considered to be mechanical
devices and are restricted consistent with other building-mounted mechanical devices
o Ground- or pole-mounted solar energy systems shall not exceed the minimum accessory
structure height within the underlying district.
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Setback - Active solar energy systems must meet the accessory structure setback for the zoning
district and primary land use associated with the lot on which the system is located.
o Roof-mounted Solar Energy Systems - In addition to the building setback, the collector
surface and mounting devices for roof-mounted solar energy systems shall not extend
beyond the exterior perimeter of the building on which the system is mounted or built.
Exterior piping for solar hot water systems shall be allowed to extend beyond the
perimeter of the building on a side yard exposure.
o Ground-mounted Solar Energy Systems - Ground-mounted solar energy systems may
not extend into the side-yard or rear setback when oriented at minimum design tilt.
(Sections 3 and 4 are from the City of Woodbury, MN ordinance for alternative
energy)
Plan Approval Required - All solar energy systems shall require administrative plan approval by
municipal zoning officials
o Plan Applications - Plan applications for solar energy systems shall be accompanied by
to-scale horizontal and vertical (elevation) drawings. The drawings must show the loca-
tion of the system on the building or on the property for a ground-mount system,
including the property lines. Applicants must use an installer who is on DEP’s approved
list
Pitched Roof Mounted Solar Energy Systems - For all roof-mounted systems
other than a flat roof the elevation must show the highest finished slope of the
solar collector and the slope of the finished roof surface on which it is mounted.
Flat Roof Mounted Solar Energy Systems - For flat roof applications a drawing
shall be submitted showing the distance to the roof edge and any parapets on
the building and shall identify the height of the building on the street frontage
side, the shortest distance of the system from the street frontage edge of the
building, and the highest finished height of the solar collector above the finished
surface of the roof.
o Plan Approvals - Applications that meet the design requirements of this ordinance, and
do not require a conditional use permit, shall be granted administrative approval by the
zoning official and shall not require Planning Commission review. Plan approval does not
indicate compliance with Building Code or Electric Code.
(Section 5 is from the PA Municipal Guide for solar Energy Systems)
Utility Notification - The owner of the small solar energy system shall provide written
authorization that the public utility company has been informed of the customer’s intent to
install an interconnected customer-owned generator and also approves of such connection. Off-
grid systems shall be exempt from this requirement.
(This section is from the City of Woodbury, MN ordinance for alternative
energy.)
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Restrictions on Solar energy systems Limited (Optional) - No homeowners’ agreement,
covenant, common interest community, or other contract between multiple property owners
within a subdivision shall restrict or limit solar energy systems to a greater extent than solar
performance standards.
(This section is from the City of Woodbury, MN ordinance for alternative energy.
As stated above, there is no solar access ‘protection’ law in Pennsylvania. )
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PRINCIPAL SOLAR ENERGY SYSTEMS
What Are Principal solar energy systems?
Principal solar energy systems or concentrated solar power (CSP) systems use lenses or mirrors
to focus a large area of sunlight onto a small area. Electrical power is produced when the
concentrated light is directed onto photovoltaic surfaces or used to heat a transfer fluid for a
conventional power plant. Large solar energy production facilities consist of one or more free-
standing ground, or roof mounted solar collector devices, solar related equipment and other
accessory structures and buildings including light reflectors, concentrators, and heat exchangers,
substations, electrical infrastructure, transmission lines and other appurtenant structures and
facilities, which has a rated capacity of more ten (10) kilowatts (for electricity) or rated storage
volume of the system of more than two hundred forty (240) gallons or that has a collector area of
more than one thousand (1,000) square feet (for thermal). There are two types of large solar
electric generating technologies: photovoltaic panels and solar thermal systems.
(References: U.S. Department of Energy: Energy Efficiency and Renewable Energy, Database for State
Incentives for Renewables and Efficiency website)
Photovoltaic Systems
Photovoltaic (PV) systems employ sunlight concentrated onto photovoltaic surfaces for the
purpose of electrical power production. Solar concentrators of all varieties may be used, and
these are often mounted on a solar tracker in order to keep the focal point upon the cell as the sun
moves across the sky.
Illustration from U.S. Department of Energy
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Solar Thermal Systems
Solar-thermal electric generation technology uses the sun’s energy to power a steam turbine.
Solar-thermal systems use lenses or mirrors and tracking systems to focus a large area of sunlight
onto a small area. The concentrated light is then used as heat or as a heat source for a
conventional power plant.
(References: U.S. Department of Energy: Energy Efficiency and Renewable Energy, Database for State
Incentives for Renewables and Efficiency website)
Illustration from U.S. Department of Energy
Illustration from U.S. Department of Energy
Power Tower Systems—includes links to R&D being done within other CSP areas, but
that are relevant to heliostats, receivers, and overall systems issues for central-
receiver solar plants.
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Illustration from Exenewable website of Solar Farm in Puertollano, Spain
Pervious or impervious
With the recent trend to build solar energy plants, new land use questions concerning solar
energy projects have been raised. One of the main questions local governments must deal with is:
Do these ground-mounted solar panels constitute impervious coverage or not? This is an
important question to consider if one of these large-scale projects is built on prime agricultural
land or near a major water resource. Opinions on this issue vary. Professionals in the solar
industry don’t consider solar panels as a solid surface because of their slanted positions and the
spacing between each panel, thereby they are not impervious. In April 2010, the State of New
Jersey passed a law that exempts solar panels from the calculation of impervious cover under a
number of state laws. Mount Joy and RaphoTownships, Lancaster County, PA consider solar
panels as impervious cover. Currently, we are not aware of any studies proving either side.
Model Language
The following example is a summary of model zoning language from the model ordinance for
energy projects written by the Oregon Department of Energy:
Use: A Solar Energy Production Facility shall be considered a permitted use in the industrial and
commercial zones, and a special exception use in the agricultural district.
Acreage: The proposed solar energy project would occupy less than [ ] acres on land zoned for
commercial or industrial use or for agricultural zoning districts less than [ ] acres on land zoned for
agricultural use.
Height and Setback: For purposes of determining compliance with lot coverage standards of the
underlying zone, the total surface area of all ground-mounted and freestanding solar collectors including
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solar photovoltaic cells, panels, arrays, and solar hot air or water collector devices shall be considered
impervious. Panels mounted on the roof of any building shall be subject to the maximum height
regulations specified within each the underlying zone.
Design and Installation:
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
All large solar energy production facilities shall be designed and located in order to prevent
reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street
rights-of-way.
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted
transformers and substations.
The proposed solar energy project is not located adjacent to, or within, the control zone of any
airport.
Whenever practical, all principal solar energy systems should be attached to a building; or if
ground mounted and/or freestanding, the applicant shall demonstrate by credible evidence that
1) the area proposed for the principal solar energy system does not predominantly consist of
Class I, II and/or III soils, as identified in the soil survey, and is generally unsuitable for
agricultural purposes: and 2)such facilities cannot feasibly be attached to a building due to
structural limitations of the building.
All mechanical equipment of principal solar energy systems including any structure for batteries
or storage cells, shall be completely enclosed by a minimum eight (8) foot high fence with a self-
locking gate, and provided with screening in accordance with the landscaping provisions of the
municipal subdivision and land development ordinance.
Use of Public Roads: The applicant has secured, or can secure, all necessary approvals from the local
government or the State Highway Division of access points for project roads and parking areas at the
project site.
Liability Insurance: There shall be maintained a current general liability policy covering bodily injury and
property damage with limits of at least $1 million per occurrence and $1 million in the aggregate.
Decommissioning: The applicant agrees to the following as conditions of the land use permit:
If the applicant ceases operation of the energy project or begins, but does not complete,
construction of the project, the applicant shall restore the site according to a plan approved by
the planning authority.
The Large Solar Energy Production Facility owner is required to notify the [municipality]
immediately upon cessation or abandonment of the operation. The owner shall be responsible
for the removal of the facility within six (6) months from the date the applicant ceases use of the
facility or the facility becomes obsolete. The owner shall then have twelve (12) months in which
to dismantle and remove the Large Solar Energy Production Facility from the property. At the
time of issuance of the permit for the construction of the Large Solar Energy Production Facility,
the owner shall provide financial security in form and amount acceptable to the [municipality] to
secure the expense of dismantling and removing said structures.
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MONROE COUNTY, PENNSYLVANIA
MODEL ORDINANCE FOR
ON-SITE USAGE OF SOLAR ENERGY SYSTEMS
Township/Borough of [Municipality name]
Monroe County, Pennsylvania
ORDINANCE NO. --------
AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF [MUNICIPALITY
NAME], BY AMENDING [ARTICLE/SECTION], DEFINITIONS, BY ADDING DEFINTIONS
FOR SOLAR ENERGY SYSTEMS AND BY AMENDING [ARTICLE/SECTION], ADDING A
NEW SECTION TO PERMIT SOLAR ENERGY SYSTEMS AS AN ACCESSORY TO
PERMITTED, CONDITIONAL AND SPECIAL EXCEPTION USES IN ANY ZONING
DISTRICT.
BE IT HEREBY ENACTED AND ORDAINED by the [Governing Body] of
[Municipality name], Monroe County, Pennsylvania, that the [Municipal] Zoning Ordinance,
shall be amended in the following respects:
Section 1. The Zoning Ordinance of [Municipality name] [Section/Article], Definitions, shall be
amended to include the following definitions:
Mechanical Equipment: Any device associated with a solar energy system, such as an
outdoor electrical unit/control box, that transfers the energy from the solar energy system
to the intended on-site structure.
Solar Access: A property owner’s right to have sunlight shine on the owner’s land. (The
enforcement of this right is through the zoning ordinance that establishes height and
setback requirements.)
Solar Energy System: An energy conversion system, including appurtenances, which
converts solar energy to a usable form of energy to meet all or part of the energy
requirements of the on-site user. This definition shall include the terms passive solar and
active solar systems.
Solar Glare: The effect produced by light reflecting from a solar panel with an intensity
sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
Section 2. Applicability:
1. This ordinance applies to solar energy systems to be installed and constructed
after the effective date of the ordinance.
Monroe County, Pennsylvania
Page 1 of 6
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2. Solar energy systems constructed prior to the effective date of this ordinance
shall not be required to meet the requirements of this ordinance.
3. Any upgrade, modification, or structural change that materially alters the size or
placement of an existing solar energy system shall comply with the provisions of
[Section/Article].
Section 3. The Zoning Ordinance of [Municipality name], [Section/Article], Accessory
Regulations, shall be amended by adding [Section/Article#] as follows:
SOLAR ENERGY SYSTEMS
It is the purpose of this regulation to promote the safe, effective and efficient use of solar
energy systems installed to reduce the on-site consumption of utility supplied energy
and/or hot water as a permitted accessory use while protecting the health, safety and
welfare of adjacent and surrounding land uses through appropriate zoning and land use
controls. A solar energy system shall be permitted in any zoning district as an accessory
to a principal use herein and subject to specific criteria as set forth below. Where said
general standards and specific criteria overlap, the specific criteria shall supersede the
general standards.
1. The installation and construction of a solar energy system shall be subject to the
following development and design standards:
A. A solar energy system is permitted in all zoning districts as an accessory
to a principal use.
B. A solar energy system shall provide power for the principal use and/or
accessory use of the property on which the solar energy system is located
and shall not be used for the generation of power for the sale of energy to
other users, although this provision shall not be interpreted to prohibit the
sale of excess power generated from time to time to the local utility
company.
C. A solar energy system connected to the utility grid shall provide written
authorization from the local utility company to the [Township/Borough]
acknowledging and approving such connection.
D. A solar energy system may be roof mounted [attachment #1] or ground
mounted [attachment #2].
Monroe County, Pennsylvania
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3
E. A roof mounted system may be mounted on a principal building or
accessory building. A roof mounted system, whether mounted on the
principal building or accessory building, may not exceed the maximum
principal building height or accessory building height specified for the
building type in the underlying zoning district. In no instance shall any
part of the solar energy system extend beyond the edge of the roof.
F. A ground mounted system shall not exceed the maximum building height
for accessory buildings.
G. The surface area of a ground mounted system, regardless of the mounted
angle, shall be calculated as part of the overall lot coverage.
H. A ground mounted system or system attached to an accessory building
shall not be located within the required front yard setback.
I. The minimum solar energy system setback distance from the property
lines shall be equivalent to the building setback or accessory building
setback requirement of the underlying zoning district. [Please note that
some municipalities have less stringent accessory structure setbacks, e.g.
10 foot side yard setback for sheds. If accessory structure setbacks are
less stringent than the primary structure setback, it is recommended that
the municipality require solar energy systems to have the setback
requirements of the primary structure in the underlying zoning district.]
J. All mechanical equipment associated with and necessary for the operation
of the solar energy system shall comply with the following:
a. Mechanical equipment shall be screened from any adjacent
property that is residentially zoned or used for residential
purposes. The screen shall consist of shrubbery, trees, or other
non-invasive plant species which provides a visual screen. In lieu
of a planting screen, a decorative fence meeting the requirements
of the Zoning Ordinance may be used.
b. Mechanical equipment shall not be located within the minimum
front yard setback of the underlying zoning district.
c. Mechanical equipment shall comply with the setbacks specified
for accessory structures in the underlying zoning district. [Please
note that some municipalities have less stringent accessory
structure setbacks, e.g. 10 foot side yard setback for sheds. If
accessory structure setbacks are less stringent than the primary
structure setback, it is recommended that the municipality require
Monroe County, Pennsylvania
Page 3 of 6
4
solar energy systems to have the setback requirements of the
primary structure in the underlying zoning district.]
K. Solar panels shall be placed such that concentrated solar radiation or
glare shall not be directed onto nearby properties or roadways.
L. Solar panels shall not be placed in the vicinity of any airport in a manner
that would interfere with airport flight patterns. Acknowledgement from
the Federal Aviation Administration may be necessary.
M. All power transmission lines from a ground mounted solar energy system
to any building or other structure shall be located underground.
N. A solar energy system shall not be used to display advertising, including
signage, streamers, pennants, spinners, reflectors, ribbons, tinsel,
balloons, flags, banners or similar materials. The manufacturers and
equipment information, warning, or indication of ownership shall be
allowed on any equipment of the solar energy system provided they
comply with the prevailing sign regulations.
O. A solar energy system shall not be constructed until a building/zoning
permit has been approved and issued.
P. The design of the solar energy system shall conform to applicable
industry standards. A building permit shall be obtained for a solar energy
system per the Pennsylvania Uniform Construction Code (UCC), Act 45
of 1999, as amended, and the regulations adopted by the Department of
Labor and Industry. All wiring shall comply with the applicable version
of the National Electric Code (NEC). The local utility provider shall be
contacted to determine grid interconnection and net metering policies.
The Applicant shall submit certificates of design compliance obtained by
the equipment manufacturer from a certifying organization and any such
design shall be certified by an Engineer registered in the Commonwealth
of Pennsylvania. [Please note that the existing roof structure and the
weight of the solar energy system shall be taken into consideration when
applying for a solar energy system permit].
Q. The solar energy system shall comply with all applicable
[Township/Borough] Ordinances and Codes so as to ensure the structural
integrity of such solar energy system.
R. Before any construction can commence on any solar energy system the
property owner must acknowledge that he/she is the responsible party for
owning and maintaining the solar energy system.
Monroe County, Pennsylvania
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2. If a ground mounted solar energy system is removed, any earth disturbance as a
result of the removal of the ground mounted solar energy system shall be graded
and reseeded.
3. If a ground mounted solar energy system has been abandoned (meaning not
having been in operation for a period of six (6) months) or is defective or is
deemed to be unsafe by the [Township/Borough] Building Code Official, the
solar energy system shall be required to be repaired by the owner to meet federal,
state and local safety standards, or be removed by the property owner within the
time period allowed by the [Township/Borough] Building Code Official. If the
owner fails to remove or repair the defective or abandoned solar energy system,
the [Township/Borough] may pursue a legal action to have the system removed at
the owner’s expense.
Section 4. All other portions, parts and provisions of the Zoning Ordinance of [Municipality
name], as heretofore enacted and amended, shall remain in force and effect.
Section 5. This Ordinance shall take effect five (5) days after the date of its enactment.
DULY ORDAINED AND ENACTED the __________day of __________, 20__, by the
[Governing Body] of the Township/Borough of [Municipality name], Monroe County,
Pennsylvania, in lawful session duly assembled.
[Governing Body] of [Municipality name]
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
ATTEST:
_________________
Monroe County, Pennsylvania
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ROOF MOUNTED SOLAR ENERGY SYSTEM (ATTACHMENT #1)
GROUND MOUNTED SOLAR ENERGY SYSTEM (ATTACHMENT #2)
Monroe County, Pennsylvania
Page 6 of 6
Model Sustainable Development Ordinances 1
Solar Energy Standards
INTRODUCTION
In spite of its cold and dark reputation, Minnesota has good solar potential, as good as Houston, Texas and
many parts of Florida. As solar energy system components have become more efficient and less costly an
increasing number of solar energy installations have been installed in Minnesota. Since 2005, the interest in
solar energy has rapidly increased such that many communities have had to address solar installations as a land
use issue. Solar energy components continue to improve in efficiency and decline in price; the U.S. Department
of Energy forecasts that solar energy will start to reach cost parity with retail electric costs by 2016.
But solar energy is much more than an alternative (or supplement) to utility power. Solar energy has become a
symbol of energy self-sufficiency and environmental sustainability. The growth in solar installations is attribut-
able more to the non-economic benefits than as an economic substitute for the electric utility. Households and
businesses wanting to reduce their carbon footprint see solar energy as a strong complement to energy effi-
ciency. Volatility in natural gas prices makes free solar fuel look attractive as a price hedge.
Solar energy issues
Local governments will need to address solar energy installations in their development regulation in the near
future. Three primary issues tie solar energy to development regulations:
1) Climate protection goals. Local governments that have committed to meeting climate protection goals can meet
some of their commitment by removing regulatory barriers to solar energy and incorporating low or no-cost
incentives in development regulations to spur solar investment.
2) Nuisance and safety considerations. Solar energy systems have few nuisances, but visual impacts and safety
concerns by neighbors sometimes create opposition to solar installations. Good design and attention to
aesthetics can answer most concerns. But the misperception that solar energy systems are ugly and unsafe,
rooted in poorly designed 1970s solar installations, have resulted in unnecessary regulation or outright
prohibitions.
3) Solar access considerations. In fully built-out communities and large lot suburban or exurban areas, solar access
is of limited concern. Solar access is, however, an important consideration in zoning districts that allow tall
buildings or in developing communities where subdivisions should incorporate solar access provisions.
Model Solar Energy Standards
This ordinance is based primarily on the model
solar energy ordinance created for Solar Min-
nesota, under a Million Solar Roofs grant from
the U.S. Department of Energy.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances2
Solar Energy Standards
Components of a solar standards ordinance
Solar energy standards should consider the following elements:
• Remove regulatory barriers and create a clear regulatory path to approving solar energy systems.
• Limit aesthetic objections by setting reasonable design standards for solar energy in urban neighborhoods,
historic districts, and new subdivisions.
• Address solar access issues in subdivisions and zoning districts that allow taller buildings on smaller (urban
density) lots.
• Encourage solar-ready subdivision and building design.
• Incorporate regulatory incentives that can spur private-sector solar investment.
Urban and rural communities
The model ordinance language addresses concerns that are primarily in cities rather than counties or townships.
Issues of solar access and nuisances associated with solar energy systems are generally of little consequence
outside urban density areas, where lot sizes are almost always greater than one acre. Counties and townships can
address most barriers by simply stating in their development regulations that solar energy systems are an allowed
accessory use in all districts. Aesthetic issues or solar access issues might come into play in lakeshore areas or
conservation development areas, where homes are closer together or protected trees might limit solar access.
The incentive potion of the model ordinance can also be applied in rural areas. However, most of the language
in this model ordinance is directed to situations seen in cities.
Primary and accessory uses
This ordinance addresses solar energy as an accessory use to the primary residential or commercial use in an
urban area. Solar energy systems are also sometimes the primary use, on “solar farms” that are large arrays of
hundreds or thousands of kilowatts of ground or pole-mounted systems, or in the case of solar thermal power
plants, such as seen in the desert southwest. These land uses have different issues and need to be addressed in a
substantially different manner than discussed in this model.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances 3
Solar Energy Standards
Climate Protection Strategies
Solar energy should be part of every commu-
nity’s portfolio for addressing climate change or
energy transitions (also known as “peak oil”)
considerations. Local governments that are par-
ticipating in the Cities for Climate Protection
program, Mayor’s Climate Protection signato-
ries, or the Cool Cities/Cool Counties program
can use private solar investment as a vehicle for
meeting goals. Additional community benefits
that improve sustainability are also spelled out
in the findings section.
I. Scope - This article applies to all solar energy installations in Model Community.
II. Purpose - Model Community has adopted this regulation for the following purposes:
A. Comprehensive Plan Goals - To meet the goals of the Comprehensive Plan and preserve the health,
safety and welfare of the Community’s citizens by promote the safe, effective and efficient use of ac-
tive solar energy systems installed to reduce the on-site consumption of fossil fuels or utility-supplied
electric energy. The following solar energy standards specifically implement the following goals from
the Comprehensive Plan:
1. Goal – Encourage the use of local renewable energy resources, including appropriate applications
for wind, solar, and biomass energy.
2. Goal – Promote sustainable building design and management practices in residential, commercial,
and industrial buildings to serve the needs of current and future generations.
3. Goal – Assist local businesses to lower financial and regulatory risks and improve their economic,
community, and environmental sustainability.
4. Goal – Efficiently invest in and manage public infrastructure systems to support development
and growth.
B. Climate Change Goals - As a signatory of the Cool Cities program, Model Community has commit-
ted to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable,
and nonpolluting energy resource and that its conversion to electricity or heat will reduce our depen-
dence on nonrenewable energy resources and decrease the air and water pollution that results from
the use of conventional energy sources.
C. Infrastructure - Distributed solar photovoltaic systems will enhance the reliability and power
quality of the power grid and make more efficient use of Model Community’s electric distribution
infrastructure.
D. Local Resource - Solar energy is an under used local energy resource and encouraging the use of
solar energy will diversify the community’s energy supply portfolio and exposure to fiscal risks associ-
ated with fossil fuels.
E. Improve Competitive Markets - Solar energy systems offer additional energy choice to consumers
and will improve competition in the electricity and natural gas supply market.
Comprehensive Plan Goals
Tying the solar energy ordinance to Comprehen-
sive Plan goals is particularly important when
the solar standards include regulatory incentives
or solar requirements as described in the last
section of this ordinance. If the Comprehensive
Plan does not include goals that could address
solar energy, and the community does not have
some of policy foundation for encouraging pri-
vate investment in solar energy (such as climate
protection goals) the community should consider
creating a local energy plan.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances4
Solar Energy Standards
III. Definitions
Active Solar Energy System - A solar energy system whose primary purpose is to harvest energy
by transforming solar energy into another form of energy or transferring heat from a collector to
another medium using mechanical, electrical, or chemical means.
Building-integrated Solar Energy Systems - An active solar energy system that is an integral part
of a principal or accessory building, rather than a separate mechanical device, replacing or substituting
for an architectural or structural component of the building. Building-integrated systems include but
are not limited to photovoltaic or hot water solar energy systems that are contained within roofing
materials, windows, skylights, and awnings.
Grid-intertie Solar Energy System - A photovoltaic solar energy system that is connected to an
electric circuit served by an electric utility company.
Off-grid Solar Energy System - A photovoltaic solar energy system in which the circuits energized
by the solar energy system are not electrically connected in any way to electric circuits that are served
by an electric utility company.
Passive Solar Energy System - A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat exchanger.
Photovoltaic System - An active solar energy system that converts solar energy directly into
electricity.
Renewable Energy Easement, Solar Energy Easement - An easement that limits the height or
location, or both, of permissible development on the burdened land in terms of a structure or vegeta-
tion, or both, for the purpose of providing access for the benefited land to wind or sunlight passing
over the burdened land.
Renewable Energy System - A solar energy or wind energy system. Renewable energy systems do
not include passive systems that serve a dual function, such as a greenhouse or window.
Roof Pitch - The final exterior slope of a building roof calculated by the rise over the run, typically
but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.
Solar Access - A view of the sun, from any point on the collector surface, that is not obscured by
any vegetation, building, or object located on parcels of land other than the parcel upon which the
solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of
the year.
Solar Definitions
Not all these terms are used in this model
ordinance, nor is this a complete list of solar
definitions. As a community develops its own
design standards for solar technology, many of
the concepts defined here may be helpful in meet-
ing local goals. For instance, solar daylighting
devices may change the exterior appearance of
the building, and the community may choose to
distinguish between these devices and other archi-
tectural changes.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances 5
Solar Energy Standards
Solar Collector - A device, structure or a part of a device or structure for which the primary purpose
is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
Solar Collector Surface - Any part of a solar collector that absorbs solar energy for use in the
collector’s energy transformation process. Collector surface does not include frames, supports and
mounting hardware.
Solar Daylighting - A device specifically designed to capture and redirect the visible portion of the
solar spectrum, while controlling the infrared portion, for use in illuminating interior building spaces
in lieu of artificial lighting.
Solar Energy - Radiant energy received from the sun that can be collected in the form of heat or
light by a solar collector.
Solar Energy Device - A system or series of mechanisms designed primarily to provide heating,
cooling, electrical power, mechanical power, solar daylighting or to provide any combination of the
foregoing by means of collecting and transferring solar generated energy into such uses either by
active or passive means. Such systems may also have the capability of storing such energy for future
utilization. Passive solar energy systems shall clearly be designed as a solar energy device such as a
trombe wall and not merely a part of a normal structure such as a window.
Solar Energy System - A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of solar
energy for space heating or cooling, electricity generating, or water heating.
Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from
one substance to another, either liquid or gas.
Solar Hot Air System - (also referred to as Solar Air Heat or Solar Furnace) – An active solar energy
system that includes a solar collector to provide direct supplemental space heating by heating and
re-circulating conditioned building air. The most efficient performance typically means vertically
mounted on a south-facing wall.
Solar Hot Water System (also referred to as Solar Thermal) - A system that includes a solar collec-
tor and a heat exchanger that heats or preheats water for building heating systems or other hot water
needs, including residential domestic hot water and hot water for commercial processes.
Solar Mounting Devices - Devices that allow the mounting of a solar collector onto a roof surface
or the ground.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances6
Solar Energy Standards
Solar Storage Unit - A component of a solar energy device that is used to store solar generated
electricity or heat for later use.
IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all
zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth
below. Active solar energy systems that do not meet the visibility standards in C. below will require a
conditional use permit, except as provided in Section V. (Administrative Variances).
A. Height - Active solar energy systems must meet the following height requirements:
1. Building- or roof- mounted solar energy systems shall not exceed the maximum allowed height
in any zoning district. For purposes for height measurement, solar energy systems other than
building-integrated systems shall be considered to be mechanical devices and are restricted consis-
tent with other building-mounted mechanical devices.
2. Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height when oriented at
maximum tilt.
B. Set-back - Active solar energy systems must meet the accessory structure setback for the zoning
district and primary land use associated with the lot on which the system is located.
1. Roof-mounted Solar energy systems - In addition to the building setback, the collector surface
and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior
perimeter of the building on which the system is mounted or built. Exterior piping for solar
hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard
exposure.
2. Ground-mounted Solar energy systems - Ground-mounted solar energy systems may not
extend into the side-yard or rear setback when oriented at minimum design tilt.
C. Visibility - Active solar energy systems shall be designed to blend into the architecture of the building
or be screened from routine view from public right-of-ways other than alleys. The color of the solar
collector is not required to be consistent with other roofing materials.
1. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar energy
systems shall be allowed regardless of whether the system is visible from the public right-of-way,
provided the building component in which the system is integrated meets all required setback,
land use or performance standards for the district in which the building is located.
2. Solar Energy Systems with Mounting Devices - Solar energy systems using roof mounting
Building Integrated PV
Building integrated solar energy systems can
include solar energy systems built into roofing
(existing technology includes both solar shingles
and solar roofing tiles), into awnings, skylights,
and walls. This ordinance only addresses build-
ing integrated PV, but examples of building
integrated solar thermal applications may also
be available.
Mounted Solar Energy Systems
This ordinance sets a threshold for solar panels
that they be no more than 5% steeper than the
finished roof pitch. Mounted systems steeper
than the finished roof pitch change the appear-
ance of the roof, and are exposed to additional
safety considerations in regard to the wind and
drift load on structural roof components.
Height - Ground or Pole Mounted
This ordinance sets a 20-foot height limit, as-
suming a standard that is higher than typical
height limits for accessory structures, but well
lower than the principal structure. Communities
may want to consider allowing taller systems if
set back farther, for instance, an extra foot of
height for every additional two feet of setback.
Communities may also consider allowing higher
systems if the size of the panel is less than al-
lowed, for instance, an additional foot of height
for every 10 sq. ft. of reduction of surface area.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances 7
Solar Energy Standards
devices or ground-mount solar energy systems shall not be restricted if the system is not visible from the closest edge
of any public right-of-way other than an alley. Roof-mount systems that are visible from the nearest edge of the
street frontage right-of-way shall not have a highest finished pitch more than five (5) percent steeper than the roof
pitch on which the system is mounted, and shall be no higher than twelve (12) inches above the roof.
3. Coverage - Roof or building mounted solar energy systems, excluding building-integrated systems, shall not cover
more than 80% of the south-facing or flat roof upon which the panels are mounted, and shall be set back from the
Design Guidelines for Solar Roofs
Pitched Roof
bracket-mounted panels
steeper than roof pitch
flush-mount panels
line of s
i
g
h
t
Design Guidelines for Solar Roofs
Flat Roof
bracket-mounted panels
visible from street
bracket-mounted panels
not visible from street
bracket-mounted panels hidden by parapet
not visible from street
line of
s
i
g
h
t
roof edge by a minimum of one (1) foot. The surface area
of pole or ground mount systems shall not exceed half the
building footprint of the principal structure.
4. Historic Buildings - Solar energy systems on buildings
within designated historic districts or on locally designated
historic buildings (exclusive of State or Federal historic des-
ignation) will require an administrative variance, as provided
in this ordinance.
D. Approved Solar Components - Electric solar energy system
components must have a UL listing and solar hot water systems
must have an SRCC rating.
E. Plan Approval Required - All solar energy systems shall re-
quire administrative plan approval by Model Community zoning
official.
1. Plan Applications - Plan applications for solar energy
systems shall be accompanied by to-scale horizontal and
vertical (elevation) drawings. The drawings must show the
location of the system on the building or on the property
for a ground-mount system, including the property lines.
a. Pitched Roof Mounted Solar Energy Systems - For
all roof-mounted systems other than a flat roof the
elevation must show the highest finished slope of
the solar collector and the slope of the finished roof
surface on which it is mounted.
b. Flat Roof Mounted Solar Energy Systems - For flat
roof applications a drawing shall be submitted showing
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances8
Solar Energy Standards
the distance to the roof edge and any parapets on the building and shall identify the height
of the building on the street frontage side, the shortest distance of the system from the street
frontage edge of the building, and the highest finished height of the solar collector above the
finished surface of the roof.
2. Plan Approvals - Applications that meet the design requirements of this ordinance, and do not
require an administrative variance, shall be granted administrative approval by the zoning official
and shall not require Planning Commission review. Plan approval does not indicate compliance
with Building Code or Electric Code.
F. Compliance with Building Code - All active solar energy systems shall meet approval of local
building code officials, consistent with the State of Minnesota Building Code, and solar thermal
systems shall comply with HVAC-related requirements of the Energy Code.
G. Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota
State Electric Code.
H. Compliance with State Plumbing Code - Solar thermal systems shall comply with applicable Min-
nesota State Plumbing Code requirements.
I. Utility Notification - No grid-intertie photovoltaic system shall be installed until evidence has been
given to the Planning and Zoning Department that the owner has submitted notification to the utility
company of the customer’s intent to install an interconnected customer-owned generator. Off-grid
systems are exempt from this requirement.
V. Administrative Variance - Model Community encourages the installation of productive solar energy
systems and recognizes that a balance must be achieved between character and aesthetic considerations
and the reasonable desire of building owners to harvest their renewable energy resources. Where the
standards in Section IV. A., B., or C. cannot be met without diminishing, as defined below, the minimum
reasonable performance of the solar energy system, an administrative variance may be sought from the
zoning official. An administrative variance shall be granted if the administrative variance standards are
met.
A. Minimum Performance Design Standards - The following design thresholds are necessary for
efficient operation of a solar energy system:
1. Fixed-Mount Active Solar Energy Systems - Solar energy systems must be mounted to face
with 45 degrees of south (180 degrees azimuth).
Administrative Variance
This model language uses an administrative vari-
ance process to balance between aesthetic design
considerations and the building owner’s choice
to use the property for generating renewable en-
ergy. Administrative variances allow staff to
departures from the design standards when such
departures are necessary in order to allow for
efficient harvest of solar energy, without having
to get Planning Commission approval or pay ad-
ditional fees. The administrative variance stan-
dards spell out the conditions that staff would
use to judge if the system genuinely could not
be designed consistently with Section IV. (such
as a lack of solar access except on the front of
the building), and the metrics by which staff
would judge screening or visual integration with
the building. Some communities will have other
means to allow this, or will have a conditional
use permit process that does not create burden-
some additional regulation.
Restrictions on Solar Energy Systems
One of the most common barriers to solar energy
in developing areas are restrictive covenants in
new subdivisions. The covenants are intended to
maintain an the appearance of homes, property
values, and saleability. If, however, the local gov-
ernment provides solar design standards that pro-
tect against poor design of solar accessory uses,
it is reasonable to prevent the developer or hom-
eowner’s association from creating unwarranted
restrictions on a sustainable source of energy.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances 9
Solar Energy Standards
2. Solar electric (photovoltaic) systems must have a pitch that is within 20 degrees of latitude, a
pitch of between 20 and 65 degrees.
3. Solar Hot Water Systems - Solar collectors need to be mounted at a pitch between 40 and 60
degrees.
B. Standards for an Administrative Variance - A variance shall be granted by the zoning official if the
applicant demonstrates that the following safety, performance and aesthetic conditions are met:
1. Aesthetic Conditions - The solar energy system must be designed to blend into the architecture
of the building or be screened from routine view from public right-of-ways other than alleys
to the maximum extent possible while still allowing the system to be mounted for efficient
performance.
2. Safety Conditions - All applicable health and safety standards are met.
3. Non-Tracking Ground-Mounted Systems - Pole-mounted or ground-mounted active solar
energy systems must be set back from the property line by one foot.
VI. Restrictions on Solar Energy Systems Limited - No homeowners’ agreement, covenant, common
interest community, or other contract between multiple property owners within a subdivision of Model
Community shall restrict or limit solar energy systems to a greater extent than Model Community’ solar
energy standards.
VII. Solar Access - Model Community encourages solar access to be protected in all new subdivisions and
allows for existing solar to be protected consistent with Minnesota Statutes.
A. Model Community has elected to allow solar easements to be filed, consistent with Minnesota Stat.
Chapter 500 Section 30. Any building owner can purchase an easement across neighboring properties
to protect access to sunlight. The easement is purchased from or granted by owners of neighboring
properties and can apply to buildings, trees, or other structures that would diminish solar access.
B. Model Community may require new subdivisions to identify and create solar easements when solar
energy systems are implemented as a condition of a PUD, subdivision, conditional use, or other
permit, as specified in Section 8 of this ordinance.
Solar Easements
Minnesota allows the purchase and holding of
easements protecting access to solar and wind
energy. The easement must specify the following
information:
Required Contents - Any deed, will, or other
instrument that creates a solar or wind easement
shall include, but the contents are not limited to:
(a) A description of the real property subject to
the easement and a description of the real
property benefiting from the solar or wind
easement; and
(b) For solar easements, a description of the
vertical and horizontal angles, expressed in
degrees and measured from the site of the so-
lar energy system, at which the solar easement
extends over the real property subject to the
easement, or any other description which de-
fines the three dimensional space, or the place
and times of day in which an obstruction to
direct sunlight is prohibited or limited;
(c) A description of the vertical and horizontal
angles, expressed in degrees, and distances
from the site of the wind power system in
which an obstruction to the winds is prohib-
ited or limited;
(d) Any terms or conditions under which the
easement is granted or may be terminated;
(e) Any provisions for compensation of the
owner of the real property benefiting from the
easement in the event of interference with the
enjoyment of the easement, or compensation
of the owner of the real property subject to
the easement for maintaining the easement;
(f) Any other provisions necessary or desirable to
execute the instrument.
Source: Minnesota Stat. 500.30 Subd. 3.
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Model Sustainable Development Ordinances10
Solar Energy Standards
VIII. Renewable Energy Condition for Certain Permits
A. Condition for Rezoning or Conditional Use Permit - Model Community may, in an area where the
local electric distribution system was installed more than twenty years ago, or where the local electric
utility has documented a near-term need for additional distribution substation or conductor capacity,
require on-site renewable energy systems as a condition for a rezoning or a conditional use permit.
1. The renewable energy condition may only be exercised for new construction or major reconstruc-
tion projects.
2. The renewable energy condition may only be exercised for sites that have 90% unimpeded solar
or wind energy access, and for which the renewable energy system can reasonably meet all perfor-
mance standards and building code requirements.
B. Condition for Planned Unit Development (PUD) Approval - Model Community may require on-
site renewable energy systems as a condition for approval of a PUD permit, in order to mitigate for:
1. Risk to the performance of the local electric distribution system,
2. Increased emissions of greenhouse gases,
3. Other risks or effects inconsistent with Model Community’s Comprehensive Plan.
IX. Solar Roof Incentives - Model Community has identified the following incentives for development
applications or subdivisions that will include buildings using active solar energy systems.
A. Density Bonus - Any application for subdivision of land in the ___ Districts that will allow the
development of at least four new lots of record shall be allowed to increase the maximum number of
lots by 10% or one lot, whichever is greater, provided all building and wastewater setbacks can be met
with the increased density, if the applicant enters into a development agreement guaranteeing at each
one kilowatt of PV or 64 square feet of solar hot water collector installed for each new residence.
B. Vacant Lot Preference - When Model Community disposes of vacant parcels of land that are under
City ownership through auction, Model Community shall award a 10% bid preference up to $5,000
for every kilowatt of solar capacity that is to be incorporated into the fully-built out parcel, when
awarding the bid. The bidder must also meet all land use and dimensional requirements, and must
post a bond for the amount of the bid preference granted.
C. Combined Building Code Permit - On an existing building that is being retrofit with a solar energ y
system, Model Community shall charge no more than one permit fee for a solar energy system that
meets the administrative approval requirements of this ordinance.
Solar Roof Incentives
This section of the model ordinance includes a
series of incentives that can be incorporated into
development regulation. Most cities and many
counties make requirements or use incentives to
ensure that certain public amenities are included
in development. These same tools and incentives
can be used to encourage private investment in
solar energy. Communities will not want to use
all these incentives, but should select which ones
make the most sense in their community (or cre-
ate some other incentive that encourages solar
energy). As with any incentive, an important ele-
ment of creating the incentive is to engage plan-
ning or economic development staff in the cre-
ation of the incentive, so that staff can assist the
developer in taking advantage of the provisions.
Renewable Energy Conditions
(previous page)
The community can use traditional development
tools such as conditional use permits, PUDs, or
other discretionary permits to encourage private
investment in solar energy systems. This model
ordinance notes these opportunities for consid-
eration by local governments. In most cases,
additional ordinance language would need to be
inserted into the community’s ordinances. For
instance, a provision that PUDs incorporate so-
lar energy would need to be included in the com-
munity’s PUD ordinance, or if a condition of a
CUP was to make the building solar-ready, this
would need to be included in the conditional use
permit section of the ordinance.
Minnesota Environmental Quality Board
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Model Sustainable Development Ordinances 11
Solar Energy Standards
D. Solar Access Variance - On a site where the solar access standards of the subdivision ordinance
are difficult to meet due to topography or road connectivity, the zoning administrator shall grant an
administrative exception from the solar access standards provided the applicant meets the following
conditions:
1. Solar Access Lots Identified - At least __% of the lots, or a minimum of __ lots, are identified
as solar development lots.
2. Covenant Assigned - Solar access lots are assigned a covenant that homes built upon these lots
must include an active solar energy system. Photovoltaic systems must be at least one (1) KW in
capacity and solar thermal systems must have at least 64 square feet of collector area.
3. Additional Fees Waived - Model Community will waive any additional fees for filing of
the covenant.
E. Affordable Housing Offset - On a site where 90% of the potential solar access is unimpeded, and
the local electrical distribution system was installed more than twenty years ago, Model Community
may substitute a requirement for grid-intertie photovoltaic systems or active solar thermal systems for
up to 50% of the affordable housing requirement. For each unit of affordable housing for which a
solar energy substitution is made:
1. The photovoltaic system must have at least 2 kilowatts (KW) of capacity with 90% unobstructed
solar access.
2. The active solar thermal system must be sized and have sufficient solar access to generate 75% of
the estimated domestic hot water load for a family of four.
F. Commercial Parking Requirement Offset - On a site where 90% of the potential solar access is
unimpeded, and which has access to mass transit within a block of the development site or which has
an approved Travel Demand Management (TDM) plan, or which has entered into a shared parking
arrangement with another commercial business that has distinct peak parking profiles, Model Com-
munity may substitute a requirement for grid-intertie photovoltaic systems or an active solar thermal
systems for up to 50% of the parking requirement, up to a maximum of 5 spaces. For each parking
space for which a solar energy substitution is made:
1. The photovoltaic system must have at least one (1) kilowatt (KW) of capacity with 90% unob-
structed solar access; or
2. An active solar thermal system must have at least 64 square feet of solar collector, and must have
sufficient summer load to utilize collector output.
Minnesota Environmental Quality Board
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Sustainable Community Development Code Beta Version 1.5 Page 1 of 4
Site Design Strategies for Solar Access
INTRODUCTION
A great deal of attention has been placed on the role of sustainable building design and construction techniques in recent
years. Many communities have adopted standards that encourage or require compliance with programs such as the
Leadership in Energy and Environmental Design (LEED) Green Building Rating System™. The LEED system has become
the nationally accepted benchmark for the design, construction and operation of high performance green buildings. The
program encourages the use of products and techniques to promote sustainable site development, water savings, energy
efficiency, materials selection, and indoor environmental quality.1
Much less emphasis, however, has been placed on the role of site planning in a sustainable design program —and more
specifically, on site design for solar access. The incorporation of both active and passive solar techniques are integral to any
discussion of green building design, yet in order for either approach to be viable, the systems must have unobstructed solar
access for a certain period of each day. Without careful consideration of solar access during the planning stages of new
development, future opportunities for the installation of both active and passive features can be dramatically reduced or even
eliminated altogether.
In order to ensure that the sustainable features are considered in relation to the entire development site, not just what falls
within the building envelope, planners and architects must take additional, concerted measures. A pilot program currently
being developed by the U.S. Green Building Council (USGBC) entitled LEED for Neighborhood Development or “LEED ND”2,
represents an important step towards broader consideration of solar access. For now, the application of these provisions is
limited primarily to individual developers who choose to use them. Zoning regulations play a significant role in the
implementation of solar energy technologies at the local level, defining where, how, and when they may be used. Many
communities have recognized the importance of addressing solar access within their zoning regulations and have taken
steps to define the degree to which solar energy will be allowed, encouraged, or even required.
IMPLICATIONS OF NOT ADDRESSING THE ISSUE
The implications of not establishing provisions for solar access at the local level are significant. At the most basic level, the
opportunity for a community to reduce its energy consumption is diminished substantially. Without provisions in place to
insure solar technologies are permitted and that access to them is protected, solar technologies become more difficult and
costly to implement—and therefore, may be passed over by all but the most “green” developers and homeowners. Choosing
not to establish solar access provisions may also prove costly to local governments because of increases in the staff time
necessary to process variances and other requests.
Some utility companies are also increasingly, though tentatively, supportive of measures that encourage solar access for
new and existing development. As they grapple with aging and overburdened power production facilities, utilities are faced
with the prospect of having to construct costly new power plants and infrastructure to accommodate the ever increasing
demand for power. This cost is in turn transferred to power consumers. Municipalities that choose to enact solar access
provisions can, to a certain point, help insulate their constituents from such cost increases without detrimentally affecting
utilities.
On the other hand, establishing solar access provisions can be beneficial at a variety of levels. At the site planning level,
organizing new development to achieve proper solar orientation can improve the energy efficiency of buildings on the site at
little or no additional cost. When combined with other sustainable building techniques, the benefits of requiring and/or
protecting solar access can be dramatic. For example, placing a building’s long face on an east-west axis with a large
percentage of its windows on the south side can reduce fuel consumption by up to twenty-five percent.3 In its Solar Access
1 U.S. Green Building Council, LEED Rating Systems. Available online. Last accessed online 10/30/08.
2 U.S. Green Building Council, LEED Rating Systems. Available online. Last accessed online 10/30/08.
3 Guide: Putting Renewable Energy to Work in Buildings. Available online. Last accessed online 10/30/08.
Design Manual, the City of San Jose, California found that proper solar orientation of new homes built in the San Jose area
produced a total energy savings of eleven to sixteen percent—with up to forty percent savings generated from space
cooling.4 In addition to promoting a measurable reduction in energy usage, solar access provisions can also help ensure that
the conversion of homes from traditional energy sources to solar energy over time can be accomplished relatively easily.
Homes that are pre-designed to accommodate solar devices, not only from a site planning standpoint, but from a plumbing,
wiring and structural standpoint can make future installations much easier and less costly.
GOALS FOR SOLAR ACCESS
While this chapter cites numerous examples of local governments adopting regulations to protect solar access opportunities,
there is still much to be done. This section outlines specific strategies and actions to be taken by communities wishing to
elevate and enhance solar access-related policies. A range of examples are provided to help illustrate how these strategies
can be adapted to a variety of situations depending on the level of policy commitment, available staff resources and political
environment.
The primary goals of this chapter are to:
Remove regulatory obstacles and streamline processes for the installation of solar technologies
Implement protective regulations to ensure that property owner investments in solar technologies are protected
Preserve the opportunity for increased use of solar technologies in the future
Provide incentives for the use of solar technologies in new construction and in the
renovation of existing homes
Promote an overall reduction in energy usage
4 City of San Jose, California. Solar Access Design Manual
Photos: Left and right, “Taking the Lead in Building Production-Style Solar Homes”, by Peter Hildebrandt. Available online. Last accessed online 10/29/08; Center, U.S. Department of Energy, Building America Best Practices
Series, High-Performance Home Technologies: Solar Thermal and Photovoltaic Systems. Available online. Last accessed online 10/29/08.
Sustainable Community Development Code
Sustainable Community Development Code Beta Version 1.5 Page 2 of 4
Sustainable Community Development Code Framework
RENEWABLE ENERGY
KEY STATISTICS:
Only about nine percent of electricity in the U.S. is generated from renewable sources
Most electricity in the U.S. is generated by burning nonrenewable fossil fuels
Proper solar orientation of new homes built in the San Jose area produced total energy savings of eleven to sixteen percent—with up to forty percent savings from space cooling
Placing a building’s long face on an east-west axis with a large percentage of windows on the south side can reduce fuel consumption by up to twenty-five percent
Between 200,000 and 250,000 U.S. homes and businesses have solar panels today, a number that has increased by more than forty percent a year since Congress passed a federal tax credit for solar energy in 2005
SITE DESIGN STRATEGIES FOR SOLAR ACCESS
ACHIEVEMENT LEVELS (Note: higher levels generally incorporate actions of lower levels)
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Remove
Obstacles Identify provisions that
limit solar access (e.g.,
accessory structure limits,
historic district
regulations) and craft
exceptions to permit solar
energy devices
Prohibit solar restrictions
in new private CC&Rs in
subdivision regulations
Allow modest adjustments
to side, front and/or rear
yard setback
requirements (or other
conflicting regulations)
that allow applicants to
meet solar access
requirements
Override existing private
covenants restricting solar
devices
Allow solar panels as a by-
right accessory use except in
special districts (e.g., historic
districts)
In the last five years, advances in
technology have resulted in photovoltaic
systems that can be installed in some
roofing systems to make them nearly
invisible—providing an alternative to
tradition panels in areas where aesthetics
are of significant concern (e.g., historic
districts). See US Department of Energy,
Building America Best Practices for High-
Performance Technologies: Solar Thermal &
Photovoltaic Systems. Available online.
Retrieved February 8, 2011.
The LEED ND pilot program incorporates a
section on Solar Orientation intended to
“achieve enhanced energy efficiency by
creating the optimum conditions for the use
of passive and active solar strategies.” The
section is one of twenty potential credits
under the section entitled Green
Construction & Technology. Available
online. Retrieved February 8, 2011.
City of Los Angeles, CA, Historic Preservation Overlay.
Available online. Retrieved February 8, 2011.
City of Fort Collins, CO, Land Use Code, Solar Access,
Orientation, and Shading. Available online. Retrieved
February 8, 2011.
City of Gresham, OR, Oregon Development Code, Solar
Access Standards. Available online. Retrieved February 8,
2011.
Multnomah County, OR, Solar Access Provisions for New
Development. Available online. Retrieved February 8, 2011.
City of Berkeley, CA, Title 23 (Zoning Ordinance) Section
23D.04: Lot and Development Standards. Available online.
Retrieved February 8, 2011.
Teton County, WY, Solar Access Regulations. Available
online. Retrieved February 8, 2011.
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Sustainable Community Development Code Framework
RENEWABLE ENERGY
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Create
Incentives Reduce or eliminate
permit fees for the
installation of solar
devices on an existing
structure
Reduce building permit
fees for projects that
incorporate solar concepts
in the overall design
Provide staff assistance to
homeowners to orient new
homes for solar access
Allow applicants to “earn”
additional density or height by
incorporating solar concepts
into a project’s overall design
Database of State Incentives for Efficiency
and Renewables (DSIRE). Available online.
Retrieved February 8, 2011.
City of Tucson, AZ, offers a tiered Solar Fee
Incentive Waiver for new construction and
renovation. Available online. Retrieved
February 8, 2011.
City of Oakland, CA expedited its solar
energy use through a 2001 initiative that
waived design review requirements for
installation of solar production facilities. The
initiative expired in 2003; however, the city
is evaluating the impact of this ordinance
and evaluating the feasibility of its
continuance.
A range of articles and other materials on
renewable energy are available in the
American Planning Association’s February
2008 PASInfoPacket entitled Planning and
Zoning for Renewable Energy. Available
online. Retrieved February 8, 2011.
Eagle County, CO, Efficient Building Code. Available
online. Retrieved February 8, 2011.
City of Austin, TX, Development Code: Subchapter E:
Design Standards and Mixed-Use. Available online.
Retrieved February 8, 2011.
City of Pullman, WA, Development Code, Planned
Residential Development: Section 17.107 (incentives for
solar access). Available online. Retrieved February 8,
2011.
Enact
Standards Require key features of a
development plan to have
access to sunshine
Enact regulations to
preserve solar access
Require variation in width
of lots to maximize solar
access
Include solar access as
an optional or required
standard in residential and
commercial design
guidelines
Establish a tree dispute
resolution process and
criteria whereby property
owners can resolve issues
regarding the obstruction
of solar access to a
property by a tree or trees
on a neighboring property
Require a minimum
percentage of solar-oriented
lots or buildings in new
developments
Require a minimum
percentage of energy in new
developments to come from
solar
State of New Mexico Solar Collector
Standards Act. Available online. Retrieved
February 8, 2011.
U.S. Department of Energy, Building
America Best Practices for High-
Performance Technologies: Solar Thermal &
Photovoltaic Systems. Available online.
Retrieved February 8, 2011.
Guide: Putting Renewable Energy to Work
in Buildings. Available online. Retrieved
February 8, 2011.
City of Fort Collins, CO, Colorado Land Use Code, Solar
Access, Orientation, and Shading. Available online.
Retrieved February 8, 2011.
City of Portland, OR, Solar Access Regulations. Available
online. Retrieved February 8, 2011.
Teton County, WY, Solar Access Regulations. Available
online. Retrieved February 8, 2011.
Sustainable Community Development Code
Sustainable Community Development Code Beta Version 1.5 Page 4 of 4
Sustainable Community Development Code Framework
RENEWABLE ENERGY
Bronze (Good) Silver (Better) Gold (Best) References/Commentary Code Examples/Citations
Enact
Standards Require buildings to be
solar ready. Key
considerations for solar
readiness include:
orientation for solar
exposure, wiring,
plumbing, and roof
structures pre-designed to
handle solar collectors
U.S. Green Building Council, LEED for
Neighborhood Rating System (See Green
Construction and Technology chapter).
Available online. Retrieved February 8,
2011.
City of Ashland, OR, Municipal Code. Available online.
Retrieved February 8, 2011.
City of San Francisco, CA, Tree Dispute Resolution
Ordinance. Available online. Retrieved February 8, 2011.
City of Berkley, CA, Title 23 (Zoning Ordinance) Section
23D.04: Lot and Development Standards. Available online.
Retrieved February 8, 2011.
City of Boulder, CO, Solar Access Regulations. Available
online. Retrieved February 8, 2011.
City of San Luis Obispo, CA, Municipal Code: Section
16.18.170, Easements for Solar Access. Available online.
Retrieved February 8, 2011.
Village of Prairie du Sac, WI, Land Use Regulations,
Chapter 8: Solar Access. Available online. Retrieved
February 8, 2011.
Clackamas County, OR, Zoning and Development
Ordinance, Solar Access Ordinance for New Development.
Available online. Retrieved February 8, 2011.
Sustainable Community Development Code
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:
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:
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:
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:
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:
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:
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 (5').
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:
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:
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:
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:
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:
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. (Ord. 2009-58,
10-13-2009)
10-17-6: SYSTEM REGULATIONS:
Example of a small wind energy system in Oak Hills, CA. Courtesy of Bergey Windpower
A. Special Use: Small wind energy systems shall be considered a special use in A-1 agricultural
district, estate district, B-4 business district, M-1 limited manufacturing district, M-2 general
manufacturing district, and PUD planned unit development district as defined by this title. Special
use requests shall be subject to the special use provisions contained within section 10-14-6 of
this title and applications for special use permits shall be subject to the procedures and
requirements of this title, except as modified in this chapter.
B. Approval: All small wind energy systems shall be subject to site plan approval, requiring review
and recommendation by the united city of Yorkville plan commission and approval by the united
city of Yorkville city council. Also, in granting a special use permit the plan commission may
recommend conditions to the city council, and the city council may impose such conditions as
are necessary to minimize any adverse effect of the proposed small wind energy system on
adjoining properties.
C. Fees:
1. Permitting Fees:
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)