Ordinance 2009-58 i
Ordinance No. 2009- 10
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
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,
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:
Section 1. Title 10, Chapter 17 of the United City of Yorkville Code of
Ordinances is hereby created with the following:
CHAPTER 17
SECTION:
10 -17 -1 Principles
10 -17 -2 General Purpose
10 -17 -3 Scope
10 -17 -4 Definitions
10 -17 -5 General Provisions
10 -17 -6 Small Wind Energy Systems
10 -17 -7 Other Wind Energy Systems
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.
10 -17 -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 -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.
10 -17 -4 DEFINITIONS.
A. 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.
10 -17 -5 GENERAL PROVISIONS FOR SMALL WIND ENERGY SYSTEMS
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.
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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:
1. renew the permit if found to be in compliance with this Chapter, or
2. order any actions necessary for the Wind Energy System to be in
compliance with this Chapter; or
3. determine the system abandoned per 10- 16 -5.G below.
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
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 non - reflective 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 (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
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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 -17 -6 SMALL WIND ENERGY SYSTEM
Figure 3. Example of a Small Wind Energy
System in Oak Hills, CA.
Courtesy of Bergey Windporver
A. Special Use. Small wind
energy systems shall be
considered a special use in A-
I Agricultural District, E -1
Estate District, B -4 Business = j
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 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 are necessary
to minimize any adverse effect of the proposed small wind energy system on
adjoining properties.
C. Fees.
1. Permitting Fees.
i. 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.
ii. In addition, small wind energy systems will be subject to a one
hundred and fifty 00 /100 dollars ($150.00) building permit fee.
The permit fee will be payable at the time of the application
submittal by the petitioner.
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D. Ground Clearance. The tip of any blade shall, at its lowest point, have ground
clearance of not less than 15 feet or 1/3 of the tower height, whichever is greater,
above ground at the base of the tower.
E. Distance.
I . The minimum distance between a small wind energy system from all
property lines, above - ground 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
guy wires, shall be setback from all property lines no less than thirty (30)
feet.
F. Height. All small wind energy systems will be bound by the height restrictions as
established per zoning district as defined by this title (Ord. No. 2006 -67).
G. Yard. Small wind energy systems shall not be permitted in any front yard area as
defined by this title.
Section 2. 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 3. 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 /3 day of 0C l 08 t R , A.D. 2009.
CIN CLERK
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ROBYN SUTCLIFF \/ DIANE TEELING
GARY GOLINSKI ARDEN JOE PLOCHER
WALTER WERDERICH / MARTY MUNNS
ROSE ANN SPEARS n GEORGE GILSON, JR.
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Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day of l7cC�Mb�,� , A.D. 2009.
MAYOR
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