HomeMy WebLinkAbout250617 PZ full packet
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Planning and Zoning Commission Agenda
City Council Chambers
City Hall, 55 W Tompkins St
5:30 p.m. on June 17, 2025
A G E N D A
Approve Minutes of the April 22, 2025 meeting
Update Past Planning and Zoning Commission items
Receive General citizen comments
PZ-25-0601
Public Hearing
Ordinance amendment for Solar Energy Systems
PZ-25-0602 Public Hearing Ordinance amendment for Wind Energy Systems
COMMISSION MEMBERS: PLEASE NOTIFY ME IF YOU ARE UNABLE TO ATTEND AT 345-3619.
cc: Mayor Alderpersons (7)
City Manager City Attorney/Administrative Services Director
Fire Chief
Deputy City Clerk
Director of Public Works
City Engineer
Information Systems Supervisor Executive Secretary
Construction Inspectors (3)
File Copy
Buildings & Grounds
News Media (7)
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MINUTES
PLANNING AND ZONING COMMISSION MEETING
COUNCIL CHAMBERS OF GALESBURG CITY HALL
55 W TOMPKINS ST, GALESBURG, IL
Tuesday, April 22, 2025 at 5:47 p.m.
MEMBERS PRESENT: Ardennia Leahy, Carla Markwart, Steve McKelvie, Jason Paulsgrove, Neil
Thomas, 5.
MEMBERS ABSENT: Katina Cochrane, Mark Lee, 2.
OTHERS PRESENT: Steve Gugliotta AICP-Director of Community Development.
Staff declared quorum present.
The floor was opened for nominations of Chairperson. Member Thomas nominated
Member Paulsgrove. No other nominations were brought forward.
Roll Call #1
Ayes: Leahy, Markwart, McKelvie, Paulsgrove, Thomas, 5.
Nays: None.
Abstentions: None.
Chairperson declared the motion approved
The floor was opened for nominations of Vice-Chairperson. Member McKelvie nominated
Member Lee. No other nominations were brought forward.
Roll Call #2
Ayes: Leahy, Markwart, McKelvie, Paulsgrove, Thomas, 5.
Nays: None.
Abstentions: None.
Chairperson declared the motion approved
Approve Minutes of the November 19, 2024 meeting
Member McKelvie moved to approve the minutes, seconded by Member
Markwart.
Minutes were approved by voice vote.
Update Past Planning and Zoning Commission items
• Zoning amendment, 40 E Simmons St, from Institutional (I) to Central Business (B3).
P&Z recommended approval and the zoning amendment was approved by City
Council at their December 16, 2024 meeting.
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• Variance of the height and setback of a sign located at 1720 E Main St was approved.
A sign permit was issued in January 2025 and the project is now complete.
Receive Citizen Comment
None Received.
PZ-25-0401 Public Hearing Special Use request to allow concrete crushing and
processing, 538 Louisville Rd.
The applicant, Hein Construction, was present.
The Commission members considered the following items:
• Proposed use is consistent with the 2019 Comprehensive Plan, which shows this area
to be Industrial
• The establishment, maintenance or operation of the special use will not be
detrimental to or endanger the public health, safety, morals, comfort or general
welfare
• The special use will not be injurious to the use and enjoyments of adjacent properties
for the purposes already permitted, nor substantially diminish and impair property
values within the neighborhood
• The Development Review Committee reviewed the Special Use request at their April
2, 2025 meeting and recommended approval.
Member Thomas moved, seconded by Member McKelvie to recommend approval.
Roll Call #3
Ayes: Leahy, Markwart, McKelvie, Paulsgrove, Thomas, 5.
Nays: None.
Abstentions: None.
Chairperson declared the motion approved
PZ-25-0402 Public Hearing Zoning Amendment of 3176 Dover Lane from R-3A, Multi-
Family to R-1A, Single Family.
The applicant was not present.
The Commission members considered the following items:
• Proposed use is consistent with the 2019 Comprehensive Plan, which shows this area
to be Single Family
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• The proposed amendment will allow development that is compatible with existing
uses and zoning of nearby property
• The city and other service providers will be able to provide adequate public facilities
and services to the subject property, while maintaining adequate levels of service to
existing development
• The Development Review Committee reviewed the Zoning Amendment request at
their April 2, 2025 meeting and recommended approval.
Member Markwart moved, seconded by Member McKelvie to recommend approval.
Roll Call #4
Ayes: Leahy, Markwart, McKelvie, Paulsgrove, Thomas, 5.
Nays: None.
Abstentions: None.
Chairperson declared the motion approved
PZ-25-0403 Public Hearing Minor Plat of the Knight Subdivision, SE corner of Locust St
& Conger St
Jay Barshinger was present on behalf of Habitat for Humanity.
The Commission members considered the following items:
• The subdivision is in compliance with the Development Ordinance.
• The Development Review Committee reviewed the proposed Minor Plat at their April 2, 2025
meeting and recommended approval.
Member McKelvie moved, seconded by Member Leahy to recommend approval of the Minor Plat.
Roll Call #5
Ayes: Leahy, Markwart, McKelvie, Paulsgrove, Thomas, 5.
Nays: None.
Abstentions: None.
Chairperson declared the motion approved
PZ-25-0404 Public Hearing Zoning Amendment from (R3A) Multi-Family and (I)
Institutional to (B3) Central Business, 167 N Kellogg and
adjacent parking lot.
The applicant, Russell Preston, was present.
The Commission members considered the following items:
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• Proposed use is consistent with the 2019 Comprehensive Plan, which shows this area
to be Downtown Mixed Use
• The proposed amendment will allow development that is compatible with existing
uses and zoning of nearby property
• The city and other service providers will be able to provide adequate public facilities
and services to the subject property, while maintaining adequate levels of service to
existing development
• The Development Review Committee reviewed the Zoning Amendment request at
their April 2, 2025 meeting and recommended approval.
Member Thomas moved, seconded by Member McKelvie to recommend approval.
Roll Call #6
Ayes: Leahy, Markwart, McKelvie, Paulsgrove, Thomas, 5.
Nays: None.
Abstentions: None.
Chairperson declared the motion approved
PZ-25-0405 Public Hearing Zoning Amendment from (B1) Neighborhood Business to
(B2) General Business, 1120 N Henderson St.
The applicant, Rob Benedict was present.
Member Thomas asked if there were any concerns about traffic flow. Mr. Benedict said he has hired
Bruner, Cooper and Zuck as the design firm and they are considering options that would factor in the
building location on the lot, stacking spaces and the utilization of Olive Street which is accessible on the
west end of the property.
The Commission members considered the following items:
• Proposed use is consistent with the 2019 Comprehensive Plan, which shows this area
to be Regional Commercial
• The proposed amendment will allow development that is compatible with existing
uses and zoning of nearby property
• The city and other service providers will be able to provide adequate public facilities
and services to the subject property, while maintaining adequate levels of service to
existing development
• The Development Review Committee reviewed the Zoning Amendment request at
their April 2, 2025 meeting and recommended approval.
Member Thomas moved, seconded by Member McKelvie to recommend approval.
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Roll Call #7
Ayes: Leahy, Markwart, McKelvie, Paulsgrove, Thomas, 5.
Nays: None.
Abstentions: None.
Chairperson declared the motion approved
There being no further business, the meeting adjourned at 6:09 p.m.
________________________
Steve Gugliotta, Director of Community Development
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Planning and Zoning Commission Meeting
Agenda Item Overview
June 17, 2025
AGENDA ITEM: PZ-25-0601 Ordinance amendment for Solar Energy Systems
SUMMARY RECOMMENDATION: The Development Review Committee members reviewed the
Ordinance amendment during their June 4, 2025 meeting and recommend approval. The
proposed changes provide a modern, clear, and equitable framework for solar energy systems
and support the City’s commitment to sustainability, energy efficiency, and orderly development.
BACKGROUND: For your consideration are amendments to the text of Chapter 152 of the
Galesburg Development Ordinance, relating to the regulation and development of solar energy
systems within the city limits. This amendment establishes comprehensive regulations for solar
energy systems, including new definitions, accessory use provisions, special use permit
requirements, design standards, and performance criteria. These changes support responsible
solar development and align local regulations with state and national renewable energy trends.
Summary of proposed amendments:
1. Definitions (Section 152.005)
• Eleven new definitions related to solar energy systems to establish clarity are
proposed to be added, including:
o Solar Carport
o Solar Energy System (and its various types: agrivoltaics, building-integrated,
community, commercial, private, roof-mounted, ground-mounted)
o Qualified Solar Installer
o Solar Mounting Devices
2. Removal of Redundant Language
• The term "solar energy devices" is proposed to be removed from Section
152.030(A)(2), as it will be addressed more comprehensively in new and revised
provisions.
3. New Section 152.123 – Solar Energy Systems, provides a regulatory framework for solar
energy systems, structured as follows:
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• Purpose and Applicability. Establishes goals of promoting solar development while
protecting public safety and neighborhood compatibility. This applies to new systems
constructed after the ordinance’s effective date; significant modifications to existing
systems may also be subject to the new standards.
• Allowed Installations
o “Private solar energy systems, and solar carports” (roof-mounted, ground-
mounted, building-integrated) would be permitted accessory uses in all zoning
districts.
o “Commercial and Community Solar Energy Systems” will require Special Use
approval through the Planning and Zoning Commission in the (AG)
Agricultural, (I) Institutional, (O) Office, (B-1) Neighborhood Business, (B-2)
General Business, (B-3) Central Business, (M-1) Light Industrial, (M-2) Heavy
Industrial and (CPD) Comprehensive Planned Development.
o Agrivoltaic systems allowed only in districts where agriculture is permitted
which includes (AG) Agricultural, (ER) Estate Residential, (R1-A) Single Family
and in situations where a property may be a legal non-conforming use
(“grandfathered”).
• Prohibited Installations
o Systems not permitted as accessory or special use are prohibited.
• Design and Operational Requirements applies to all systems, including:
o Permit requirements and regulatory compliance.
o Glare and visibility controls.
o Concealed wiring and roof integrity evaluations.
o Maintenance obligations, including removal of non-functioning systems.
• Standards for Private Systems
o Height limits (roof and ground-mounted).
o Setbacks, size limits (100 sq. ft. for ground-mounted systems in residential zones).
o Rear yard-only placement for ground-mounted systems in residential districts.
• Standards for Commercial/Community Systems
o Site plan review required, addressing drainage, electric connections, spacing, and
equipment layout.
o Manufacturer specifications, utility interconnection documentation, and fire
protection plans required.
o Landscape plan and maintenance obligations
o Application must include a Decommissioning Plan for the anticipated service life
or if it becomes non-operational for a period of 12 months with a cost estimate
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from a professional engineer or contractor with expertise in decommissioning. A
surety bond, letter of credit, or cash bond must also be provided.
o Liability insurance of at least $1 million per occurrence and $5 million in the
aggregate shall be maintained and name the City as additional insured with 30
days notice prior to any change.
It is anticipated this item will go to the City Council on first reading at their July 7th meeting and
then on final reading at their July 21st meeting for consideration.
SUPPORTING DOCUMENTS:
1. Proposed Ordinance Solar Energy Systems
cc: File Copy
ORDINANCE NO. ______________
WHEREAS, the City of Galesburg, Illinois is a home rule unit of government pursuant to
Section 6, Article VII of the Constitution of the State of Illinois; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit
authority to exercise any power and perform any function pertaining to its government and
affairs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,
ILLINOIS, A MUNICIPAL CORPORATION, AS FOLLOWS:
SECTION ONE: Chapter 152, the Development Ordinance Chapter of the Galesburg
Municipal Code shall be, and the same hereby is, amended as follows:
1. That Section 152.005 be, and the same hereby is, amended by inserting therein the
following definitions in alphabetical order:
SOLAR CARPORT. A solar energy system that is installed on a carport structure that
is accessory to a parking area, and which may include electric vehicle supply
equipment or energy storage facilities for use in electric vehicle charging.
SOLAR ENERGY SYSTEM. A solar energy device, array of devices, or structural
design feature, the purpose of which is to provide for generation or storage of
electricity from sunlight, or the collection, storage and distribution of solar energy
for space heating or cooling, daylight for interior lighting, or water heating.
SOLAR ENERGY SYSTEM, AGRIVOLTAIC. A solar energy system co-located on the
same parcel of land as agricultural production, including crop production, grazing,
apiaries, or other agricultural products or services.
SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED. A 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.
SOLAR ENERGY SYSTEM, COMMERCIAL. A solar energy system that is not a private
solar energy system.
SOLAR ENERGY SYSTEM, COMMUNITY. A commercial solar energy system that is
eligible for community solar incentives as administered by the Illinois Power
Agency, credits the value of electricity generated by the facility to the subscribers
of the facility; and is limited in capacity to less than or equal to 5 megawatts.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED: A solar energy system mounted on
a rack or pole that rests or is attached to the ground, and is not attached or affixed
to any existing structure.
SOLAR ENERGY SYSTEM, PRIVATE. A solar energy system that is an accessory
structure and that is designed to serve through the electric meter only the
occupants of the parcel on which it is located, and not for selling generated
electricity.
SOLAR ENERGY SYSTEM, ROOF-MOUNTED: A solar energy system in which solar
panels are mounted on top of a building roof as either a flush mounted system or
as modules fixed to frames which can be tilted toward the south at an optimal
angle. Roof-mounted systems are accessory to the principal use.
SOLAR INSTALLER, QUALIFIED. A trained and qualified electrical professional who
has the skills and knowledge related to the construction and operation of solar
electrical equipment and installations, and has received safety training on the
hazards involved. This may include an organization, institution or individual
certified by the Illinois Commerce Commission as a Distributed Generation Installer
professional.
SOLAR MOUNTING DEVICES. Racking, frames, or other devices that allow the
mounting of a solar collector onto a roof surface or the ground.
2. That Section 152.030 (A) (2) be, and the same hereby is, amended by deleting
therefrom the following language:
“solar energy devices,”
3. That Section 152.065 (D) be, and the same hereby is, amended by adding thereto
the following:
(11) Commercial and Community Solar Energy Systems, subject to the provisions
outlined in Section 152.123.
4. That Section 152.073 (D) be, and the same hereby is, amended by adding thereto
the following:
(13) Commercial and Community Solar Energy Systems, subject to the provisions
outlined in Section 152.123.
5. That Section 152.074 (D) be, and the same hereby is, amended by adding thereto
the following:
(4) Commercial and Community Solar Energy Systems, subject to the provisions
outlined in Section 152.123.
6. That Section 152.075 (D) be, and the same hereby is, amended by adding thereto
the following:
(20) Commercial and Community Solar Energy Systems, subject to the provisions
outlined in Section 152.123.
7. That Section 152.077 (D) be, and the same hereby is, amended by adding thereto
the following:
(15) Commercial and Community Solar Energy Systems, subject to the provisions
outlined in Section 152.123.
8. That Section 152.078 (D) be, and the same hereby is, amended by adding thereto
the following:
(6) Commercial and Community Solar Energy Systems, subject to the provisions
outlined in Section 152.123.
9. That Section 152.079 (D) be, and the same hereby is, amended by adding thereto
the following:
(8) Commercial and Community Solar Energy Systems, subject to the provisions
outlined in Section 152.123.
10. That Section 152.080 (D) be, and the same hereby is, amended by adding thereto
the following:
(1) A Special Use Permit shall be required for Commercial and Community Solar
Energy Systems, subject to the provisions outlined in Section 152.123.
11. That Section 152.111 (B) (3) be, and the same hereby is, amended so that it shall
read as follows:
“Private solar energy systems, and solar carports;”
SECTION TWO: Chapter 152, the Development Ordinance Chapter of the Galesburg
Municipal Code shall be, and the same hereby is, amended by adding thereto the following
section:
152.123 Solar Energy Systems
1. Purpose. The purpose of this section is to facilitate the construction,
installation, and operation of solar energy systems in the City of Galesburg
in a manner that promotes economic development and ensures the health,
safety, and welfare of the public while also avoiding adverse impacts on
adjoining property owners or the environment.
2. Applicability. This section applies to all solar energy systems proposed to be
constructed after the effective date of this amendatory ordinance. Solar
energy systems constructed before the effective date of this amendatory
ordinance will not be required to meet the requirements of this section. But
any physical modification to an existing solar energy system that materially
alters the size, type, and number of solar panels and other equipment will
be required to meet the requirements of this section.
3. Installations Allowed as an Accessory Use.
a. Private solar energy systems that are ground-mounted, roof-
mounted, or building-integrated are allowed as permitted accessory
use in all zoning districts.
i. Systems on buildings within local historic preservation districts
or on locally designated landmarks must be approved by the
Landmark Commission, consistent with the procedures
outlined in Chapter 151, the Historic Preservation Chapter of
the Galesburg Municipal Ordinance.
4. Installations that Require a Special Use Permit. A commercial or community
solar energy system shall apply for a special use permit in the following
zoning districts:
a. AG – Agriculture District;
b. I – Institutional;
c. O – Office;
d. B-1 – Neighborhood Business District;
e. B-2 – General Business District;
f. B-3 – Central Business District;
g. M-1 – Light Industrial District;
h. M-2 – Heavy Industrial District; and
i. CPD – Comprehensive Planned Development District.
5. Agrivoltaics Installations. Solar energy systems with an agrivoltaics
component are only allowed in zoning districts that permit agricultural
activity.
6. Prohibited Installations. Any solar energy system that is not allowed as an
accessory use under Section 152.123 (3) or as a special use under Section
152.123 (4) is prohibited.
7. No Restriction on Other Properties. The allowance of a solar energy system
under this section will not be construed to restrict the use or improvement
of any adjoining or other property owner from any allowed building,
landscaping, or other accessory improvements, even if such improvements
may diminish the function of said solar energy system.
8. Requirements for All Solar Energy Systems.
a. Regulatory Compliance. Each solar energy system requires a permit
from the Inspections Division. Each solar energy system must comply
with all federal, state, and local laws, rules, and regulations,
including, without limitation, all building codes, electrical codes,
health and safety rules and regulations, environmental rules and
regulations, and aviation rules and regulations.
b. Reflection Angles. Reflection angles for solar collectors must be
oriented in such a manner that they do not project glare onto
adjacent properties or roadways.
c. Visibility. Solar energy systems must be located in a manner to
reasonably minimize view blockage to surrounding properties and to
minimize shading of property to the north while still providing
adequate solar access for collectors.
d. Wiring Concealment. All wiring associated with the system must be
underground, within the structure, or contained within a raceway
that complements the site or the building materials of the principal
structure.
e. Structural Integrity. For roof-mounted solar energy systems, an
Illinois licensed structural engineer is required to investigate the
structural integrity of the roof and estimate existing loading capacity.
A report detailing the findings of the investigation and estimated
loading capacity must be submitted with the permit application to
the Inspections Division.
f. Installation. All solar energy systems must be installed by a qualified
solar installer.
g. Maintenance. All solar energy systems must be maintained and kept
in good working order. If it is determined by the Inspections Division
that a solar energy system is not being maintained, kept in good
working order, or is no longer being utilized to perform its intended
purpose for 6 consecutive months, the property owner will be given
90-day written notice to remedy or to remove the unit and all
equipment.
9. Requirements for Private Solar Energy Systems.
a. Height Requirements for Roof-Mounted Solar Energy Systems.
i. The height of a roof-mounted solar energy system is measured
from the roof surface on which the system is mounted to the
highest edge of the system.
ii. A roof-mounted solar energy system may not cause a building
to exceed the maximum allowed building height for the zoning
district in which the system is located.
iii. Solar energy systems mounted on a pitched roof may not
extend beyond 6 inches parallel to the roof surface of the
pitched roof.
iv. In R-1 and R-2 zoning districts, solar energy systems mounted
on a flat roof must be concealed by a parapet. In all other
districts, solar energy systems mounted on a flat roof may not
exceed 4 feet in height above the flat roof surface.
b. Height Requirements for Ground-Mounted Solar Energy Systems.
i. The height of a ground-mounted solar energy system is
measured from the grade at the base of the pole or other
mounting structure to the highest edge of the system at
maximum tilt.
ii. Ground-mounted systems may not exceed 15 feet.
c. Size and Setback Requirements.
i. Roof-mounted solar energy systems must be set back at least
3 feet from the roof edge.
ii. System panels mounted on the sides of building and serving as
awnings are considered to be building-integrated systems and
will be regulated as awnings.
iii. The aggregate size of the solar panels of any ground-mounted
solar energy systems in any residential zoning district may not
exceed 100 square feet.
iv. Ground-mounted solar energy systems must meet the
setbacks for the zoning district in which the system is located.
v. Ground-mounted solar energy systems may not extend into a
setback at any design tilt.
vi. Ground-mounted solar energy systems in any residential
district may be located in a rear yard only.
10. Requirements for Community and Commercial Solar Energy Systems.
a. Site Plan Required. A permit application for a community or
commercial solar energy system must include a site plan with existing
conditions showing all of the following:
i. All provisions as required by site plan review procedures
contained in Sections 152.130 through 152.138.
ii. Surface water drainage patterns and the location of any
subsurface drainage tiles.
iii. Location and spacing of the solar collector.
iv. Location of underground and overhead electric lines
connecting the solar system to a building, substation or other
electric load.
v. New electrical equipment other than at the existing building
or substations that is to be the connection point for the solar
system.
b. Manufacturers’ Specifications. A building permit application for a
community or commercial solar energy system must include all
manufacturer's specifications and recommended installation
methods for all major equipment, including solar collectors,
mounting systems and foundations for poles and racks.
c. Connection and Interconnection. A permit application for a
community or commercial solar energy system must include all of the
following:
i. A description of the method of connecting the solar energy
system to a building or substation.
ii. Utility interconnection details and a copy of written
notification to the utility company requesting the proposed
interconnection.
d. A permit application for a community or commercial solar energy
system must include a fire-protection plan for the construction and
the operation of the facility, and emergency access to the site.
e. Landscape Maintenance Plan; Fencing Requirements.
i. The Landscape Regulations, as set forth in Section 152.165
through Section 152.168 of the Development Ordinance, apply
to all community and commercial solar energy systems.
ii. A permit application for a community or commercial solar
energy system must include a landscape maintenance plan
setting forth a plan for controlling weeds and grass on
property inside and outside the fenced area for the entire
property. This provision shall not prohibit pollinator-friendly
projects with an appropriate maintenance plan.
iii. If perimeter fencing is installed around the boundary of the
solar energy system site, then the fence may not exceed a
maximum height set forth in Section 152.033.
iv. The applicant shall maintain the fence in good condition and
adhere to the landscape maintenance plan.
f. Setbacks. A community or commercial solar energy system must
meet the setbacks for the zoning district in which the system is
located.
i. A variance of setbacks may be requested by submitting an
application following the filing procedures for a variance
request as outlined in 152.019.
g. Height. Community and commercial solar energy systems may not
exceed a height of 20 feet. Roof-mounted community and
commercial solar energy systems are exempt from this requirement
and must instead abide by the provisions of Section 152.123 (9) (a)
and (c) (i).
i. The height of a ground-mounted solar energy system is
measured from the grade at the base of the pole or other
mounting structure to the highest edge of the system at
maximum tilt.
11. Decommissioning a Community or Commercial Solar Energy System.
a. If a solar energy system is out of service or not producing electrical
energy for a period of 12 months, then it will be deemed to be
nonoperational. A nonoperational community or commercial solar
energy system is hereby deemed to be a public nuisance.
b. A permit application for a community or commercial solar energy
system must include a decommissioning plan for the anticipated
service life of the community or commercial solar energy system or
in the event the system is abandoned or has reached its life
expectancy. If the system is out of service or not producing electrical
energy for a period of 12 months, then it will be deemed to be
nonoperational, and the decommissioning and removal of that
system will commence according to the decommissioning plan as
provided and approved. A cost estimate for the decommissioning of
the system must be prepared by a professional engineer or
contractor who has expertise in the removal of the solar energy
system. The decommissioning cost estimate must explicitly detail the
cost before considering any projected salvage value of the out of
service solar farm. A restoration plan must also be provided for the
site with the application. The decommissioning plan must include the
removal of the following within 6 months after the system became
non-operational:
i. All solar collectors and components, above ground
improvements and outside storage.
ii. Foundations, pads and underground electrical wires at reclaim
site to a depth of 4 feet below ground surface.
iii. Hazardous material from the property and dispose in
accordance with federal and state law.
c. Prior to any installation, the owner shall provide to the City a surety
instrument in the amount of the cost estimate set forth under
Section 152.123 (10) (B). The surety instrument must be in the form
of a surety bond, letter of credit, or cash bond and be in a form and
manner acceptable to the director. The surety instrument must
provide the security to the City if the owner fails to decommission
the system in accordance with the decommissioning plan.
d. If the owner fails to decommission the system as required under the
decommissioning plan, then, upon reasonable notice, the City or its
agents may enter the property to complete the decommissioning.
12. Liability Insurance.
a. The owner of a community or commercial solar energy system shall,
at all times the system is located at the site, maintain a general
liability policy covering bodily injury and property damage with limits
of at least $1 million per occurrence and $5 million in the aggregate.
b. All policies, except policies for professional liability, must be written
on an occurrence basis. All policies must be written with insurance
carriers who are qualified to do business in the State of Illinois and
who are rated A-VII or better in the latest Best’s Key Rating Guide. All
policies must be written on the most current Insurance Service Office
(ISO) or National Council on Compensation Insurance (NCCI) form or
a manuscript form if coverage is broader than the ISO or NCCI form.
c. The City of Galesburg and its officers and employees must be named
as an additional insured party on the general-liability policy. The
City’s interest as an additional insured party must be on a primary
and non-contributory basis on all policies and be noted as such on
the insurance certificates.
d. The policy must give the City at least 30 days’ notice prior to any
change, cancellation, or non-renewal except in the case of
cancellation for non-payment of premium, in which case the notice
must be made 10 days before the cancellation. Any renewal
certificate of insurance must be automatically provided to the City at
least 30 days prior to the policy expiration. If a self-insured retention
or a deductible is maintained on any of the policies, then the amount
of the retention or deductible is subject to approval by the City; the
City may not unreasonably withhold the approval.
e. Prior to any work at the site, the owner shall provide the City with
certificates of insurance showing evidence that the insurance policies
required under this section are in full force and effect.
13. Exemptions. The provisions of this section shall not be applicable to any
premises or lands containing a solar energy system maintained by the United
States of America, this state, or any unit of local government, primary school,
secondary school, or college.
SECTION THREE: All ordinances, or parts of ordinances, in conflict with this ordinance are,
to the extent of such conflict, hereby repealed.
SECTION FOUR: This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
Approved this ______day of ____________________, 2025, by roll call vote as follows:
Roll Call #:
Ayes: _________________________________________________________________________
Nays: _________________________________________________________________________
Absent: _______________________________________________________________________
Abstain: _______________________________________________________________________
_________________________________
Peter Schwartzman, Mayor
ATTEST:
___________________________________
Kelli R. Bennewitz, City Clerk
____________________________________________________________________________
Page 1 of 3
Planning and Zoning Commission Meeting
Agenda Item Overview
June 17, 2025
AGENDA ITEM: PZ-25-0602 Ordinance amendment for Wind Energy Systems
SUMMARY RECOMMENDATION: The Development Review Committee members reviewed the
Ordinance amendment during their June 4, 2025 meeting and recommend approval. The
amendment establishes standards for the permitting, design, installation, operation, and
decommissioning of large wind energy systems to ensure public safety, minimize negative
impacts on surrounding properties, and encourage renewable energy development in a
responsible manner.
BACKGROUND: For your consideration are amendments to the text of Chapter 152 of the
Galesburg Development Ordinance, relating to the regulation and development of wind energy
systems within the city limits. The amendment includes new definitions, revised use permissions
across zoning districts, and a complete rewrite of Section 152.117 to regulate both small and
large wind energy systems.
Summary of proposed amendments:
1. Definitions (Section 152.005)
• Nine new definitions related to wind energy systems to establish clarity are proposed
to be added, including:
o Hub Height, Non-participating property, Shadow Flicker, Turbine Height,
Upwind Turbine, Wind Energy System, Wind Energy System-Large, Wind
Energy System-Small, Wind Turbine
2. Removal of Redundant Language
• The term "Small Wind Energy Systems (SWES)" is proposed to be removed from
Section 152.005, as it will be addressed more comprehensively in new and revised
provisions.
3. Revised Section 152.123 – Wind Energy Systems, provides a regulatory framework for
wind energy systems, structured as follows:
• Purpose and Applicability. Establishes a framework to ensure safe, effective, and well-
sited wind energy systems while minimizing adverse impacts. This applies to new
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Page 2 of 3
systems constructed after the ordinance’s effective date; significant modifications to
existing systems may also be subject to the new standards.
• Allowed Installations
o “Small wind energy systems” would be permitted accessory uses in all zoning
districts with specific limits on height, capacity, setbacks, non-reflective, noise,
and vibration.
o “Large Wind Energy Systems” will require Special Use approval through the
Planning and Zoning Commission in the (AG) Agricultural, (I) Institutional, (M-
1) Light Industrial, (M-2) Heavy Industrial and (CPD) Comprehensive Planned
Development.
• Standards for Small Wind Energy Systems
o Requires a construction permit, scaled site plan, product specific technical
information, evidence the local utility has been informed, narrative describing
maintenance and testing for noise and vibration.
o Must be non-reflective and a non-obtrusive color such as white, gray or black
o Appearance must be maintained throughout the life of the unit
o Lowest extension of blade must be at least 15 feet above grade
o Guy wires or similar apparatus are prohibited
o Height limits. Roof mounted shall not exceed the lesser of 10 feet above adjacent
roof or permitted height of zoning district. Tower mounted shall not exceed 120
feet in manufacturing district or 60 feet in any other zoning district.
o Setbacks. Roof mounted must be at least 15 feet from any property line. Tower
mounted must be setback 1.1 times the system height from the base to all
property lines and other tower mounted wind energy system.
o Any systems connected to a public utility must be inspected and approved by the
utility
o If a small wind energy system is out of service for a period of 12 months it is
deemed non-operational and the city may abate the nuisance in any manner as
provided by law.
• Standards for Large Wind Energy Systems
o Provide a narrative overview of the project
o Systems must meet ANSI and UL design safety certifications. All systems must
comply with local, state, and federal regulations, including FAA requirements.
o No guy wires permitted; turbines must be non-obtrusive in color with minimal
signage.
o A maximum of 1 turbine per 75 acres.
o Setbacks. From occupied buildings: minimum of 1.5 times turbine height, and 5
times hub height from non-participating properties.
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Page 3 of 3
o Affidavit between the property owner and the facility owner or operator
demonstrating that the facility owner or operator has the permission of the
property owner to apply for necessary permits for construction and operation of
the wind energy system
o Site plan review required, addressing setbacks, equipment layout, buildings,
structures, transmission lines.
o Application must include a Decommissioning Plan for the anticipated service life
or if it becomes non-operational for a period of 12 months with a cost estimate
from a professional engineer or contractor with expertise in decommissioning. A
surety bond, letter of credit, or cash bond must also be provided.
o Liability insurance of at least $1 million per occurrence and $5 million in the
aggregate shall be maintained and name the City as additional insured with 30
days notice prior to any change.
It is anticipated this item will go to the City Council on first reading at their July 7th meeting and
then on final reading at their July 21st meeting for consideration.
SUPPORTING DOCUMENTS:
1. Proposed Ordinance Wind Energy Systems
cc: File Copy
ORDINANCE NO. ______________
WHEREAS, the City of Galesburg, Illinois is a home rule unit of government pursuant to
Section 6, Article VII of the Constitution of the State of Illinois; and
WHEREAS, Article VII, Section 6(a) of the Illinois Constitution grants a home rule unit
authority to exercise any power and perform any function pertaining to its government and
affairs;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALESBURG,
ILLINOIS, A MUNICIPAL CORPORATION, AS FOLLOWS:
SECTION ONE: Chapter 152, the Development Ordinance Chapter of the Galesburg
Municipal Code shall be, and the same hereby is, amended as follows:
1. That Section 152.005 be, and the same hereby is, amended by deleting therefrom
the following definition:
SMALL WIND ENERGY SYSTEM (SWES). Equipment that converts and then stores
or transfers energy from the wind into useable forms of energy. This equipment
includes any base, blade, foundation, generator, rotor, tower, transformer, vane,
wire, inverter, batteries or other component used in the system. The systems shall
have a nameplate capacity of 100 kilowatts or less.
2. That Section 152.005 be, and the same hereby is, amended by inserting therein the
following definitions in alphabetical order:
HUB HEIGHT. The distance measured from the surface of the tower foundation to
the height of the wind turbine hub, to which the blade is attached.
NON-PARTICIPATING PROPERTY. Any property except those on which all or a
portion of a wind energy system is located under an agreement with the system
owner or operator.
SHADOW FLICKER. The moving shadow created by the sun shining through the
rotating blades of a wind energy system. The amount of Shadow Flicker created by
a wind energy system is calculated by a computer model that measures wind
energy system location, elevation, tree cover, location of adjacent structures, wind
activity and sunlight angle.
TURBINE HEIGHT. The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
UPWIND TURBINE. A turbine that has the rotor blades facing into the wind-source
direction.
WIND ENERGY SYSTEM. An electric-generating facility, the purpose of which is to
supply electricity, that consists of one or more wind turbines and other accessory
structures and buildings, including substations, meteorological towers, electrical
infrastructure, transmission lines, and other appurtenant structures and facilities.
WIND ENERGY SYSTEM, LARGE. A wind energy system that includes one or more
wind turbines with a turbine height of greater than 120 feet but not exceeding 510
feet.
WIND ENERGY SYSTEM, SMALL. A wind energy system that includes a wind turbine
with a turbine height of 120 feet or less. A small wind energy system can either be
roof-mounted or tower-mounted.
WIND TURBINE. A wind energy system that converts wind energy into electricity
through the use of a wind turbine generator, and includes the nacelle, rotor, tower,
and pad transformer.
3. That Section 152.065 (D) be, and the same hereby is, amended by adding thereto
the following:
(12) Large Wind Energy Systems, subject to the provisions outlined in Section
152.117.
4. That Section 152.073 (D) be, and the same hereby is, amended by adding thereto
the following:
(14) Large Wind Energy Systems, subject to the provisions outlined in Section
152.117.
5. That Section 152.078 (D) be, and the same hereby is, amended by adding thereto
the following:
(7) Large Wind Energy Systems, subject to the provisions outlined in Section
152.117.
6. That Section 152.079 (D) be, and the same hereby is, amended by adding thereto
the following:
(9) Large Wind Energy Systems, subject to the provisions outlined in Section
152.117.
7. That Section 152.080 (D) be, and the same hereby is, amended by adding thereto the
following:
(2) A Special Use Permit shall be required for Large Wind Energy Systems, subject
to the provisions outlined in Section 152.117.
SECTION TWO: Chapter 152, the Development Ordinance Chapter of the Galesburg
Municipal Code shall be, and the same hereby is, amended by deleting therefrom Section 152.117
and inserting in place thereof the following section:
152.117 Wind Energy Systems.
1. Purpose. The purpose of this code is to establish regulations for the location,
installation, and operation of wind energy systems. Among other goals, the
regulations in this section are intended: to promote the safe, effective, and
efficient use of wind energy systems to produce electricity; to preserve and
protect public health, safety, welfare and quality of life by minimizing the
potential adverse impacts of wind energy systems; to establish standards
and quantifiable procedures to direct the site location, engineering,
installation, maintenance, and decommissioning of wind energy systems;
and to define and delineate between various types of wind energy systems
in order to properly regulate the different wind energy systems
technologies.
2. Applicability. This section applies to all wind energy systems proposed to be
constructed after the effective date of this amendatory ordinance. Wind
energy systems constructed before the effective date of this amendatory
ordinance will not be required to meet the requirements of this section. But
any physical modification to an existing wind energy system that materially
alters the size, type, and number of wind turbines and other equipment will
be required to meet the requirements of this section.
3. Small Wind Energy Systems.
a. Installations Allowed as a Permitted Use. Subject to the requirements
of this section, small wind energy systems are allowed as a permitted
accessory use in the all zoning districts.
i. Nothing in this section will be deemed to relieve any obligation
for obtaining site plan review as required under the
Development Ordinance.
b. Capacity Restrictions.
i. A small tower-mounted wind energy system may not have a
nameplate capacity that exceeds 30 kilowatts.
ii. A small roof-mounted wind energy system may not have a
nameplate capacity that exceeds 10 kilowatts.
c. Building Permit Required; Site Plan.
i. No person may construct, install, modify, or relocate a small
wind energy system without first obtaining a building permit.
ii. In addition to any other requirement under this section, any
person constructing a small wind energy system with a turbine
located within 500 feet of the property line of a residential
district must first obtain site plan approval in accordance with
the procedures set forth in Sections 152.130 through 152.138.
d. Upwind Turbines Required. Upwind turbines are required unless
otherwise approved by the Inspections Division, based on technical
specifications and site-specific information.
e. Visual Appearance. All of the following minimum requirements
apply:
i. Each small wind energy system, including accessory buildings
and related structures, must be a non-reflective, non-
obtrusive color, such as white, gray, or black.
ii. The appearance of the small wind energy system and all
accessory structures must be maintained throughout the life
of the unit.
iii. Exterior lighting of a tower, rotor blades, and nacelle of a small
wind energy system will be allowed only if required to meet
Federal Aviation Administration mandatory requirements.
iv. A small wind energy system may not contain commercial
signage, banners, flags, or advertising logos, except for the
identification of the turbine manufacturer and unit
specifications for regulatory purposes.
f. Ground Clearance. The lowest extension of any rotor blade or other
exposed moving component of a small wind energy system must be
at least 15 feet above the ground, as measured from the highest
point of grade within 30 feet of the base of the wind energy system.
In addition, the lowest extension of any rotor blade or other exposed
moving component of a small wind energy system must be at least
15 feet above any outdoor areas intended for human use that are
located below the wind energy system, including balconies, roof
gardens, and similar structures.
g. Noise Control.
i. If an adjacent parcel contains a residential use, then the noise
produced by a small wind energy system may not exceed the
lowest ambient sound level that exists between the hours of 9
p.m. and 9 a.m. along any adjacent property line used for
residential purposes.
ii. If no adjacent parcel contains a residential use, then the noise
produced by a small wind energy system may not exceed the
lowest ambient sound level that exists between the hours of 9
p.m. and 9 a.m. on the parcel, plus 5 decibels dB(A).
h. Vibration. A small wind energy system may not produce vibrations
that are perceptible to humans beyond any property line upon which
the wind energy system is located.
i. Signal Interference. A small wind energy system must not create an
interference issue with communication systems, such as (but not
limited to) radio, telephone, television, satellite, or emergency
services communication systems, unless the issue is able to be
resolved with the consent of the impacted property owner.
j. Wire Supports. Guy wires or similar apparatus are prohibited as part
of a small wind energy system installation.
k. Height Requirements.
i. A small roof-mounted wind energy system may not exceed the
lesser of (i) 10 feet above the highest point of the adjacent roof
or structure and (ii) 10 feet above the maximum permitted
height of the zoning district.
ii. A small tower-mounted wind energy system may not exceed
120 feet in a manufacturing district or 60 feet in any other
zoning district permitted under Section 152.117 (3) (a). The
distance is measured from the grade at the base of the tower
to the highest edge of the system.
l. Setbacks, Location, and Separation Requirements.
i. A small roof-mounted wind energy system must be affixed to
the roof deck of a flat roof or to the ridge or slope of a fixed
roof, and it may not be affixed to the parapet or chimney of
any structure.
ii. For a small roof-mounted wind energy system, no more than
one turbine is allowed for every 750 square feet of the
combined roof area of all structures on the parcel. For a
pitched roof, each surface of the roof will be included in the
roof-area calculation. A distance equal to the mounted height
of the adjacent wind energy system must be maintained
between the bases of each small roof-mounted wind energy
system.
iii. A small roof-mounted wind energy system must be set back a
minimum of 15 feet from any property line, public right-of-
way, public easement, or overhead utility line.
iv. A small tower-mounted wind energy system may not be
located in any public right-of-way or public easement and
must be set back a distance equal to at least 1.1 times the
system height from the base to all property lines, public rights-
of-way, public easements, or overhead utility lines.
v. A small tower-mounted wind energy system must be set back
a minimum of 20 feet from all Occupied Buildings on the
subject property, measured from the base of the tower.
vi. If more than one small tower-mounted wind energy system is
installed on a property, then a distance equal to the height of
the tallest wind energy system must be maintained between
the bases of each wind energy system.
m. Safety Requirements.
i. If the small wind energy system is connected to a public utility
system, then it must meet the requirements for
interconnection and operation as set forth in the public
utility’s current service regulations that meet federal, state
and industry standards applicable to wind power generation
facilities. Any such connection must be inspected and
approved by the appropriate utility company.
ii. The small wind energy system must be equipped with an
automatic braking, governing, or feathering system in order to
prevent uncontrolled rotation, over-speeding, or excessive
pressure on the wind-energy facility clearly visible waring sign
regarding voltage must be placed at the base of the wind
energy system.
iii. The structural integrity of the small wind energy system must
conform to the design standards of the International Electrical
Commission (IEC); specifically, IEC 61400-1“Wind Turbine
Safety and Design,” IEC 61400-2 “Small Wind Turbine Safety,”
IEC61400-22 “Wind Turbine Certification,” and IEC 61400-23
“Blade Structural Testing,” as amended or succeeded.
n. Building Permit Application. An application for a building permit
under Section 152.117 (3) must be accompanied by at least all of the
following:
i. A scaled site plan drawing, clearly illustrating the proposed
wind energy system and all accessory structures and
equipment in relation to all onsite and adjacent buildings,
property lines, rights-of-way, public easements, and overhead
utility lines. Setbacks as required in this section must be shown
to scale on the site plan.
ii. A scaled site plan that clearly displays property dimensions,
existing buildings on the subject property and on adjacent
properties, sidewalks, non-motorized pathways, and streets.
iii. A scaled site plan that includes existing and proposed on-site
grading/topography at 2-foot contour intervals.
iv. Product-specific technical information from the wind energy
system manufacturer, including the proposed total height and
type of wind energy system, maximum noise output in
decibels, total rated generating capacity, product dimensions,
rotor-blade diameter, and a detail of accessory structures.
v. Documented compliance with applicable local, state, and
federal regulations, including public safety, construction,
environmental, electrical, communications, and Federal
Aviation Administration requirements.
vi. Documented evidence that the utility company has been
informed of and approved the installation of the
interconnected, customer-owned generator. Off-grid systems
are exempt from this requirement.
vii. A narrative explaining the proposed methods that will be used
to perform maintenance on the wind energy system in
compliance with the manufacturer’s recommendations and
requirements.
viii. A narrative that explains how the wind energy system will be
tested after installation for compliance with the noise and
vibration requirements of Section 152.117 (3).
o. Decommissioning.
i. If a wind turbine is out of service or not producing electrical
energy for a period of 12 months, then it will be deemed to be
non-operational.
ii. The system owner shall complete the decommissioning of a
small wind energy system within 3 months of it becoming non-
operational. The Director of the Community Development
Department may grant an extension for the decommissioning.
Any extension may not exceed 6 months.
iii. A wind energy system for which the decommissioning as
required under this section has not been completed is hereby
declared to be a public nuisance. The City of Galesburg may
abate the nuisance in any manner as provided by law.
4. Large Wind Energy Systems.
a. Special Use. A large wind energy system may be permitted as a
special use in the following zoning districts:
i. AG – Agriculture District;
ii. I – Institutional;
iii. M-1 – Light Industrial District;
iv. M-2 – Heavy Industrial District; and
v. CPD – Comprehensive Planned Development District.
b. An application for a special use permit for a large wind energy
system must be accompanied by all of the following:
i. All characteristics required by Section 152.018.
ii. A narrative describing the proposed wind energy system,
including an overview of the project; the project location; the
approximate generating capacity of the wind energy system;
the approximate number of representative types and height
or range of heights of wind turbines to be constructed,
including their generating capacity, dimensions, and
respective manufactures; and a description of ancillary
facilities.
iii. An affidavit or similar evidence of agreement between the
property owner and the facility owner or operator
demonstrating that the facility owner or operator has the
permission of the property owner to apply for necessary
permits for construction and operation of the wind energy
system.
iv. A site plan showing the planned location of each wind turbine,
property lines, setback lines, access road and turnout
locations, substations, ancillary equipment, buildings, and
structures, including permanent meteorological towers,
associated transmission lines, and the layout of all structures
within the geographical boundaries of any applicable setback.
c. Design and Installation.
i. Design Safety Certification. The design of the large wind
energy system must conform to applicable industry standards,
including those of the American National Standards Institute.
The applicant must submit certificates of design compliance
obtained by the equipment manufacturers from Underwriters
Laboratories, Det Norske Veritas, Germanischer Lloyd Wind
Energies, or other similar certifying organizations.
ii. Regulatory Compliance. Each large wind energy system must
comply with all federal, state, and local laws, rules, and
regulations, including all building codes, electrical codes,
health and safety rules and regulations, environmental rules
and regulations, and aviation rules and regulations.
iii. Quantity of Wind Turbines. No more than one wind turbine
may be installed for every 75 acres of land included in the
subject parcel. The number of wind turbines authorized on the
subject parcel will be determined based on the setbacks and
separation distance as required in this section.
iv. Controls and Brakes. All wind energy systems must be
equipped with a redundant braking system. This requirement
includes both aerodynamic overspeed controls (including
variable pitch, tip, and other similar systems) and mechanical
brakes. Mechanical brakes must be operated in a fail-safe
mode. Stall regulation will not be considered to be a sufficient
braking system for overspeed protection.
v. Electrical Components. All electrical components of the large
wind energy system must conform to relevant and applicable
local, state, and national codes.
vi. Wire Supports. Guy wires or similar apparatus are not allowed
as part of a large wind energy system installation.
vii. Visual Appearance. Wind turbines must be a non-obtrusive
color, such as white, off-white, or gray. Large wind energy
systems may not be artificially lighted, except to the extent
required by the Federal Aviation Administration or other
applicable authority regulating air safety. Wind turbines may
not display advertising, except for reasonable identification of
the turbine manufacturer, system owner, and operator. This
identification may not exceed 2 square feet in total and may
not be visible on the blades or tower. On-site transmission and
power lines must, to the extent practical, be placed
underground.
viii. Warnings. A clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers
and substations.
ix. Crime Prevention Locks. Wind turbines may not be climbable
up to 15 feet above ground surface. All access doors to wind
turbines and electrical equipment must be locked or fenced,
as appropriate, to prevent entry by nonauthorized individuals.
d. Setbacks.
i. Occupied Buildings. Wind turbines must be set back from the
nearest occupied building a distance of not less than the
normal setback requirements for that zoning classification or
1.5 times the turbine height, whichever is greater. Wind
turbines must be set back from the nearest occupied building
located on a nonparticipating property a distance of no less
than 5 times the hub height. The setback distance will be
measured from the center of the wind turbine base to the
nearest point on the foundation of the occupied building.
ii. Property Lines. All wind turbines must be set back from the
nearest property line a distance of not less than the normal set
back requirements for that zoning classification or 1.1 times
the turbine height, whichever is greater.
iii. Public Roads. All wind turbines must be set back from the
nearest public road a distance of not less than 1.1 times the
turbine height. The setback distance will be measured from
the center of the wind turbine base to the right-of-way line.
iv. Tower Separation. Wind turbine separation must comply with
industry standards and manufacturer’s recommendations.
a. A variance of setbacks may be requested by submitting
an application following the filing procedures for a
variance request as outlined in 152.019, but in no event
may the wind turbine be located closer to an occupied
building than 1.1 times the turbine height.
e. Use of Public Roads.
i. Prior to initiating construction or transporting materials to a
proposed site, a road assessment shall be performed
documenting existing road conditions, establishing structure
and pavement weight limits, and verifying roadway and
intersection geometry for all movements of equipment and
materials. The road assessment shall be performed by an
Illinois Licensed Professional Engineer meeting the approval of
the City. The final road assessment shall be reviewed and
approved by the City prior to construction. All roads utilized to
transport equipment and materials shall be subject to
approval by the City and no load which exceeds the weight or
size limits established by the approved road assessment shall
be allowed. The system owner shall be responsible for the
costs of the road assessment, any pavement, structure or
geometric upgrades required by the road assessment prior to
construction, and all damages to publicly owned roads caused
by the transport of equipment and materials to a proposed site
regardless of the weight limits or parameters established by
the road assessment. The City shall make the final
determination of any required road repairs and shall approve
all repair work for final acceptance. All road work shall be
subject to City approval, including but not limited to the
construction limits, repair methods, and contractors.
ii. Each large wind energy system must be accessible from an
access road in order to offer an adequate means by which
public safety vehicles may readily access the site in the event
of an emergency. All access roads must be constructed to
standards approved by the City Engineer, Police Chief and Fire
Chief.
f. Noise, Vibration, and Shadow Flicker.
i. Audible sound from a large wind energy system must comply
with Illinois Pollution Control Board regulations.
ii. A large wind energy system may not produce vibrations that
are perceptible to humans beyond any property line upon
which the wind energy system is located.
iii. The system owner shall conduct an analysis of potential
shadow flicker onto any occupied building of a
nonparticipating property with direct line-of-sight to the wind
turbine. The analysis must identify the locations of shadow
flicker that may be caused by the wind turbine and the
expected durations of the shadow flicker at these locations
from sunrise to sunset over the course of a year. The analysis
must identify situations where shadow flicker may affect the
occupants of the buildings for more than 30 hours per year and
describe measures that will be taken to eliminate or mitigate
the problems. Shadow flicker on an occupied building a
nonparticipating property may not exceed 30 hours per year.
g. Signal Interference. A large wind energy system must not create an
interference issue with communication systems, such as (but not
limited to) radio, telephone, television, satellite, or emergency
services communication systems, unless the issue is able to be
resolved with the consent of the impacted property owner.
h. Decommissioning.
i. If a wind turbine is out of service or not producing electrical
energy for a period of 12 months, then it will be deemed to be
nonoperational. A nonoperational wind turbine is hereby
declared to be a public nuisance.
ii. A permit application for a large wind energy system must
include a decommissioning plan for the decommissioning of
nonoperational anticipated service life of the wind turbine or
in the event the wind turbine is abandoned or has reached its
life expectancy. If the system is out of service or not producing
electrical energy for a period of 12 months, then it will be
deemed to be nonoperational, and the decommissioning and
removal of that system will commence according to the
decommissioning plan as provided and approved. A cost
estimate for the decommissioning of the system must be
prepared by a professional engineer or contractor who has
expertise in the removal of the wind turbine. The
decommissioning cost estimate must explicitly detail the cost
before considering any projected salvage value of the out of
service wind turbine. A restoration plan must also be provided
for the site with the application. The decommissioning plan
must include the following within 6 months after the wind
turbine becomes non-operational:
1. The removal and disposal of the wind turbine and all
accessory structures, electrical components, and all
foundations to a minimum depth of 60 inches.
2. All access drives to the wind turbine must be removed,
cleared, and graded by the system owner, unless the
landowner requests in writing a desire to maintain the
access drives. All such maintained access drives will
remain private, and the City will have no duty to
undertake any maintenance or repair of those drives.
3. The wind turbine site and any disturbed earth must be
stabilized, graded, and cleared of any debris. If the site
is not to be used for agricultural purposes, then the site
must be seeded to prevent soil erosion.
4. Hazardous material must be removed from the site and
dispose in accordance with federal and state law.
iii. Prior to any installation, the owner shall provide to the City a
surety instrument in the amount of the cost estimate set forth
under Section 152.117 (4) (i) (ii). The surety instrument must
be in the form of a surety bond or letter of credit and be in a
form and manner acceptable to the director. The surety
instrument must provide the security to the City if the owner
fails to decommission the wind turbine in accordance with the
decommissioning plan.
iv. If the owner fails to decommission the wind turbine as
required under the decommissioning plan, then, upon
reasonable notice, the City or its agents may enter the
property to complete the decommissioning. The owner will be
responsible for all costs incurred by the City to complete the
decommissioning.
v. The City Engineer may grant an extension of the decommission
period based upon a reasonable and explanatory request by
the owner. Any such extension period may not exceed one
calendar year.
i. Liability Insurance.
i. The owner shall, at all times the system is located at the site,
maintain a general liability policy covering bodily injury and
property damage with limits of at least $1 million per
occurrence and $5 million in the aggregate.
ii. All policies, except policies for professional liability, must be
written on an occurrence basis. All policies must be written
with insurance carriers who are qualified to do business in the
State of Illinois and who are rated A-VII or better in the latest
Best’s Key Rating Guide. All policies must be written on the
most current Insurance Service Office (ISO) or National Council
on Compensation Insurance (NCCI) form or a manuscript form
if coverage is broader than the ISO or NCCI form.
iii. The policy must give the City at least 30 days’ notice prior to
any change, cancellation, or non-renewal except in the case of
cancellation for nonpayment of premium, in which case the
notice must be made 10 days before the cancellation. Any
renewal certificate of insurance must be automatically
provided to the City at least 30 days prior to the policy
expiration. If a self-insured retention or a deductible is
maintained on any of the policies, then the amount of the
retention or deductible is subject to approval by the City; the
City may not unreasonably withhold the approval.
iv. Prior to any work at the site, the owner shall provide the City
with certificates of insurance showing evidence that the
insurance policies required under Section 152.117 (4) (j) are in
full force and effect.
j. Certification and Compliance.
i. The owner shall notify the City of a change in ownership of the
wind energy system or a change in ownership of the property
on which the wind energy system is located within 60 days
after the transfer.
ii. The City reserves the right to inspect any wind energy system,
in order to ensure compliance with this section.
iii. A sound pressure level analysis must be conducted from a
reasonable number of sampled locations at the perimeter and
in the interior of the property containing any wind turbines to
demonstrate compliance with the requirements of this
section. Proof of compliance with the noise standards is
required within 90 days after the date the wind turbine
becomes operational. Sound must be measured by a third-
party, qualified professional, with the associated fees being
paid by the owner.
5. Public Complaints.
a. Noise. If any aggrieved person alleges that a wind turbine is not in
compliance with the noise requirements of Section 152.117 (3) (g) or
Section 152.117 (4) (g), then the administrative procedure will be as
follows:
i. The complainant must notify the Director of the Community
Development Department in writing of the alleged noise
violation.
ii. The Director of the Community Development Department
shall coordinate with the Police Department to test the decibel
level for compliance with the standards of this section.
iii. If the test under Section 152.117 (5) (a) (ii) indicates that the
noise levels are in compliance with this section, and the
complainant is dissatisfied with the results of that test, then
the complainant may request a noise-level test by a certified
acoustic technician. The complainant must submit a cash
deposit with the City in an amount sufficient to pay for the
noise level test. If the noise-level test indicates that the noise
level complies with the standards of this section, then the City
will use the deposit to pay for the test. If the noise-level test
indicates that the noise levels are not in compliance with the
standards of this division, then the City will reimburse the
deposit to the complainant, and the owner shall reimburse the
City for the cost of the test.
iv. If a test under Section 152.117 (5) (a) (ii) or Section 152.117 (5)
(a) (iii) indicates that the noise levels are not in compliance
with this section, then the owner shall take immediate action
to bring the wind turbine into compliance. The City may
require that the wind turbine be shut down until compliance
can be achieved.
b. Shadow Flicker. If any aggrieved person alleges that a wind turbine is
not in compliance with the shadow flicker requirements of Section
152.117 (4) (g), then the administrative procedure will be as follows:
i. The complainant must notify the Director of the Community
Development Department in writing of the alleged shadow
flicker violation.
ii. The Director of the Community Development Department or
their designee shall examine the shadow flicker complaint on
the site.
iii. If the examination under Section 152.117 (5) (b) (ii) indicates
that the shadow flicker levels are in compliance with this
section, and the complainant may request a shadow flicker
level test by a certified technician. The complainant must
submit a cash deposit with the City in an amount sufficient to
pay for the test. If the test indicates that the shadow flicker
level complies with the standards of this section, then the City
will use the deposit to pay for the test. If the test indicates that
the shadow flicker levels are not in compliance with the
standards of this section, then the City will reimburse the
deposit to the complainant, and the owner shall reimburse the
City for the cost of the test.
iv. If the examination under Section 152.117 (5) (b) (ii) or the test
under Section 152.117 (5) (b) (iii) indicates that the shadow
flicker levels are not in compliance with this section, then the
owner shall take immediate action to bring the wind turbine
into compliance. The City may require that the wind turbine
be shut down until compliance can be achieved.
6. Exemptions. The provisions of this section shall not be applicable to any
premises or lands containing a wind energy system maintained by the United
States of America, this state, or any unit of local government, primary school,
secondary school, or college.
SECTION THREE: All ordinances, or parts of ordinances, in conflict with this ordinance are,
to the extent of such conflict, hereby repealed.
SECTION FOUR: This ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
Approved this ______day of ____________________, 2025, by roll call vote as follows:
Roll Call #:
Ayes: _________________________________________________________________________
Nays: _________________________________________________________________________
Absent: _______________________________________________________________________
Abstain: _______________________________________________________________________
_________________________________
Peter Schwartzman, Mayor
ATTEST:
___________________________________
Kelli R. Bennewitz, City Clerk