Ordinance 2009-41 Ordinance No. 2009- k A L
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
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PROVIDING FOR THE REGULATION OF WIND ENERGY SYSTEMS
WHEREAS, the United City of Yorkville (the "City") is a duly organized and
validly existing non - home -rule municipality created in accordance with Article VII,
Section 7 of the Constitution of the State of Illinois of 1970; and,
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WHEREAS, the Mayor and City Council deem it necessary to provide for the
regulation of wind energy systems in order to promote the health, safety, and welfare of
the City's residents.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the United City of Yorkville, Kendall County, Illinois, as follows:
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Section 1. Title 10 of the United City of Yorkville Code of Ordinances is hereby
amended by the addition of the following new Chapter 16:
CHAPTER 16
SECTION:
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 Systems
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.
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10 -16 -2 GENERAL PURPOSE
The regulation of wind energy systems by this Chapter is intended to promote and protect
the public health, safety and welfare by:
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A. Requiring the installation of wind energy systems to be consistent with current
property development standards of the City.
B. 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.
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.
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.
10 -16 -4 DEFINITIONS.
A. 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.
B. 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.
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10 -16 -5 GENERAL PROVISIONS
A. Permitting.
a. The installation of any wind energy system requires a building permit
from the United City of Yorkville.
b. 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.
c. 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 Ordinance. 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 Ordinance.
d. 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 j
compliance with this Chapter; or
c. determine the system abandoned per 10- 16 -5.G below.
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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 55 decibels at frequency of 125 Hertz measured at all property lines.
E. Fencing. Requirements will be evaluated with each individual wind energy j
system application. Fencing requirements will be determined by, but not limited
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to, location of the system, system type, system design, and location of electrical
equipment.
F. Design. Wind energy systems shall be painted a non - reflective 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 (1) 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 with thirty (30) days of removal.
10 -16 -6 ROOFTOP WIND ENERGY SYSTEM
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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. j
i. Rooftop wind energy systems will be subject to a one hundred
00 /100 dollars ($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. Free standing towers are prohibited.
D. Height. The maximum height of a rooftop wind energy system is eight (8) feet
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 (5) feet.
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F. Quantity.
1. Residential Districts: Only one (1) rooftop wind energy system is allowed per
property.
2. Commercial, Manufacturing and Agriculture Districts: Only one (1) rooftop
wind energy system is allowed per property: Any additional rooftop wind energy
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systems desired by the petitioner shall require Special Use approval and subject to
the special use provisions contained within 10 -14 -6 of this Title and applications
for special use approval shall be subject to the procedures and requirements of
this Title.
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 10 -14 -6 of this Title. - -
Section 2. Ordinance No. 2009 -22 adopted on April 14, 2009 is hereby repealed.
All other ordinances or parts of ordinances conflicting with any of the provisions of this
Chapter shall be and the same are hereby repealed.
Section 3. If any Section, subsection, sentence, clause, phrase or portion of this
Chapter is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision,
and such holding shall not affect the validity of the remaining portions hereof.
Section 4. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2009.
CI CLERK
ROBYN SUTCLIFF � DIANE TEELING
GARY GOLINSKI ARDEN JOE PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS - -` GEORGE GILSON, JR. y�
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Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this o� day of 74 c-7 us f , A.D. 2009.
MAYOR
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