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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 1/29/2010 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. 1/29/2010 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. 1/29/2010 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 1/29/2010 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 1/29/2010 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. 1/29/2010 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. 1/29/2010 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 1/29/2010 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 1/29/2010 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. 1/29/2010 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 1/29/2010 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. 1/29/2010 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. 1/29/2010 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. 1/29/2010 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 1/29/2010 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 1/29/2010 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 1/29/2010 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 1/29/2010 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. 1/29/2010 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 1/29/2010 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 1/29/2010 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 1/29/2010 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. 1/29/2010 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. 1/29/2010 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. 1/29/2010 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. 1/29/2010 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. ADVANCED ALTERNATIVE ENERGY PRODUCTS CO. WIND TURBINES Our latest addition- Whole Foods- Brooklyn, NY- UGE wind AND solar- solar installed above gas pumps on left side Commercial Combination wind and solar panels Burger King- UGE Sanya streetlights (7) UGE 4kW wind turbines at Philadelphia Eagles stadium 1. UGE 1kW wind turbine/ 250W solar panel on grid streetlight and flag pole- Dorothy Drennan Park- Oakbrook Terrace, IL 2. UGE 600W wind turbine/250W solar panel on-grid streetlight- Diageo Beverages Co- Plainfield, IL 3. UGE 1kW wind turbine/custom streetlight- Brighton Car Wash- Naperville, IL 4. UGE streetlight project- Valladolid, Spain 5. UGE Sanya SLS streetlight- Arauco, SA 1. UGE 4kW wind turbine- Valley Baptist Church- Oswego, IL 2. UGE 4kW Skypump charging station- Barcelona, Spain Evance R9000 5kW wind turbine Kestrel 600W Kestrel 800W Kestrel 1kW Osiris 1.6kW wind turbine Osiris 10kW wind turbine SOLAR ENERGY INSTALLATIONS SOLAR CARPORTS- PERGOLAS-AWNINGS SOLAR TRELLIS LARGER SOLAR ENERGY PROJECTS SECURITY LED LIGHTING 1. Solar powered sign lighting 2. LED streetlight/security camera 3. LED parking lot lighting 4. Sun-In-One solar streetlight 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. 3 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 6 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. 10 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. Bibliography Arnett, E.B., K. Brown, W.P. Erickson, J. Fiedler, T.H. Henry, G.D. Johnson, J. Kerns, R.R. Kolford, C.P. Nicholson, T. O’Connell, M. Piorkowski, and R.J. Tankersley. 2007 submitted. Patterns of bat fatalities at wind energy facilities in North America. Journal of Wildlife Management. Arnett, E.B., D.B. Inkley, D.H. Johnson, R.P. Larkin, S. Manes, A.M. Manville, R. Mason, M. Morrison, M.D. Strickland, and R. Thresher. 2007 in review. Impacts of wind energy facilities on wildlife and wildlife habitat. Number, The Wildlife Society, Bethesda, Maryland Report Technical Review 07-01. Anderson, R, M. Morrison, K. Sinclair, and D. Strickland. 1999. Studying wind energy/bird interactions: A guidance document. Washington, D.C.: National Wind Coordinating Committee. General Accounting Office. 2005. Wind power: Impacts on wildlife and government responsibilities for regulating development and protecting wildlife. Number, United States Government Accountability Office, Washington, D.C. Report GAO-05-906. Johnson, G.D. 2005. A review of bat mortality at wind-energy developments in the United States. Bat Res News 46:45-49. Kunz, T.K., E.B. Arnett, W.P. Erickson, R.P. Larkin, M.D. Strickland, R.W. Thresher, and M.D. Tuttle. 2007 in press. Ecological impacts of wind energy installations on bats: Questions, hypotheses, and research needs. Front Ecol Environ. Kunz, T.H, E.B. Arnett, B.M. Cooper, W.P. Erickson, R.P. Larkin, T. Mabee, M.L. Morrison, M.D. Strickland, and J.M. Szewczak. 2007 in review. Methods and metrics for studying impacts of wind energy development on nocturnal birds and bats. National Wind Coordinating Committee, Washington, D.C. 15 Larkin, R.P. 2004. Wind power issues in Illinois. White paper, 2 pp. Larkin R.P. 2006. Migrating bats interacting with wind turbines: What birds can tell us. Bat Research News 47:23-32. Larkin, R.P., B. Cooper, W.P. Erickson, J.P. Hayes, J. Horn, G. Jones, T.H. Kunz, D.S. Reynolds, and D. Strickland. 2007 submitted. Ecological impacts of the wind energy industry on bats: Methods and research protocols. Front Ecol Environ. National Academy of Sciences. 2007. Environmental impacts of wind energy projects. National Research Council, Washington, D.C. United States Department of Energy. 2007. Energy Efficiency and Renewable Energy. http://eere.energy.gov/windandhydro/windpoweringamerica/where_is_wind_Illinois. United States House of Representatives Natural Resources Committee. 2007. Hearing on Wind Turbine Impacts on Birds & Bats by the Fisheries, Wildlife, and Oceans Subcommittee. Washington, D.C. Wolfe, D.H., M.A. Patten, E. Shochat, C.L. Pruett, S.K. Sherrod. (In Press) Causes and patterns of mortality in Lesser Prairie-Chickens and implications for management. Wildlife Biology. 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 Posted: 11/22/2013 9:06 am 158 people like this.Like Page 1of 3Wind Energy Threat to Birds Is Overblown | Elliott Negin 11/25/2013http://www.huffingtonpost.com/elliott-negin/wind-energy-threat-to-bir_b_4321113.html?... 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, Page 2of 3Wind Energy Threat to Birds Is Overblown | Elliott Negin 11/25/2013http://www.huffingtonpost.com/elliott-negin/wind-energy-threat-to-bir_b_4321113.html?... 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. Page 3of 3Wind Energy Threat to Birds Is Overblown | Elliott Negin 11/25/2013http://www.huffingtonpost.com/elliott-negin/wind-energy-threat-to-bir_b_4321113.html?... 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 Page 4 of 10 16 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. Kent County, Maryland Page 5 of 10 17 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. Kent County, Maryland Page 6 of 10 18 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. Kent County, Maryland Page 7 of 10 31 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 Kent County, Maryland Page 8 of 10 32 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 Kent County, Maryland Page 9 of 10 33 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. Kent County, Maryland Page 10 of 10 MUNICIPAL GUIDE TO PLANNING FOR AND REGULATING ALTERATIVE ENERGY SYSTEMS Lancaster County Planning Commission October 2010 Page 1 of 21 1 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 Page 2 of 21 2 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 Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 3 of 21 3 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 Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 4 of 21 4 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: Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 5 of 21 5 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 6 of 21 6 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 7 of 21 7 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 Page 8 of 21 8 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 9 of 21 9 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 10 of 21 10 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 Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 11 of 21 11 Illustration from U.S. Department of Energy Illustration from PA Solar Energy Guide Illustration from U.S. Department of Energy Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 12 of 21 12 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 13 of 21 13 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 Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 14 of 21 14 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 15 of 21 15 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.) Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 16 of 21 16 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. ) Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 17 of 21 34 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 Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 18 of 21 35 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 19 of 21 36 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 Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 20 of 21 37 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. Municipal Guide to Planning for and Regulating Alternative Energy Systems Page 21 of 21 1 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 2 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 Page 2 of 6 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 Page 4 of 6 5 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 Page 5 of 6 6 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 Page 1 of 11 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 Page 2 of 11 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 Page 3 of 11 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 Page 4 of 11 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 Page 5 of 11 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 Page 6 of 11 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 Page 7 of 11 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 Page 8 of 11 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. Minnesota Environmental Quality Board Page 9 of 11 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 Page 10 of 11 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 Page 11 of 11 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. Sustainable Community Development Code Sustainable Community Development Code Beta Version 1.5 Page 3 of 4 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)