The purpose of this Chapter is to facilitate the construction, installation, and operation of Solar Energy Systems in the City in a manner that promotes economic development and ensures the protection of health, safety, and welfare while also avoiding adverse impacts on adjoining property or on the environment. It is the intent of this ordinance to encourage the development of Solar Energy Systems that reduce reliance on foreign and out-of-state energy resources, bolster local economic development and job creation. This Chapter is not intended to abridge safety, health or environmental requirements contained in other applicable codes, standards, or ordinances. (Ord. 3-2023, 3-6-2023)

For the purpose of this chapter, the following definitions are adopted:

 

   A.   Roof Mount Solar Energy Systems designed to serve only the occupants of the parcel on which they are located and placed on the roof of a principal structure shall not require a special use. Roof Mount Solar Energy Systems designed to serve only the occupants of the parcel on which they are located and placed on the roof of an accessory structure shall require a special use. Ground Mount Solar Energy Systems shall not be permitted. Such systems are accessory structures allowed only on zoning lots with a principal structure. An application shall be submitted to the City Administrator demonstrating compliance with all applicable provisions of the City Code and with the following requirements:

      1.   Height:

         a.   Roof mount solar energy systems placed on a principal structure shall not exceed the height of the principal structure on the zoning lot where the system is located.

         b.   Roof mount solar energy systems placed on an accessory structure shall not exceed the height of the accessory structure on the zoning lot where the system is located.

      2.   Mounting on Pitched Roofs: Roof mount solar energy systems on pitched roofs shall not be permitted to tilt or rotate at a slope greater or less than the roof to which it is attached. Such roof mount solar energy systems cannot extend more than eight inches (8'*) from the roof surface to which it is attached.

      3.   Mounting on Flat Roofs: Roof mount solar energy systems on flat roofs on residential or non-residential structures shall not extend more than two feet (2f) vertically or extend above the building parapet, whichever is less.

      4.   Setback: The collector surface and mounting devises for roof mount systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar systems generating heated water may extend beyond the perimeter of the building on a side yard exposure.

      5.   Roof Coverage: Roof mount solar energy systems shall not occupy more than fifty percent (50%) of the aggregate square footage of the roof area. If a roof mount solar energy system is installed on multiple roofs on the same structure, the coverage on any one (1) roof side shall not occupy more than thirty percent (30%) of the total square footage of that particular roof side on which the roof mount is located and shall not exceed fifty percent (50%) of the aggregate square footage of the roofs on which the roof mounts are located. The roof shall be considered a part of a building completely covering and permanently attached to such building and can be flat or pitched. Any roof that has a pitch of more than 1.5 inches in 12 inches shall be considered a separate roof side.

      6.   Reflection Angies: Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties.

      7.   Visibility: Solar energy systems shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north while still providing adequate solar access for collectors. They shall be designed to blend into the architecture of the building or be screened from routine view from public rights-of-way provided that the screening shall not affect the operation of the system.

      8.   Color: Roof mount solar energy systems shall match, as closely as possible, the color of the roof to which it is attached.

      9.   Safety: Roof mount solar energy systems, excluding building integrated systems, shall allow for adequate roof access for firefighting purposes to the south facing or flat roof upon which the panels are mounted.

      10.   Approved Solar Components: Electric solar energy system components shall have a UL listing or approved equivalent and solar hot water systems shall have an SRCC rating.

      11.   Compliance with Building Codes: All solar energy systems shall meet approval of any currently adopted International Building Code, National Electric Code, and Illinois Plumbing Code.

      12.   Utility Notification: All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

      13.   Restrictions on Solar Energy Systems Limited: Consistent with 765 ILCS 165, no homeowner's agreements, covenants, common interest community or other contracts between multiple property owners within a subdivision shall prohibit or restrict homeowners from installing solar energy systems. (Ord. 3-2023, 3-6-2023)

Building Integrated Solar Energy Systems shall be permitted in all Zoning Districts in the City without a Special Use but shall meet the requirements of all applicable provisions of the City Code, including the currently adopted International Building Code. (Ord. 3-2023, 3-6-2023)

Community Solar Gardens are allowed as a Special Use in all zoning districts subject to the following requirements:

   A.   Community Solar Gardens may be located on rooftops.

   B.   An interconnection agreement must be completed with the electric utility in whose service the territory the system is located.

   C.   Dimensional Standards: All solar garden related structures in newly platted and existing subdivisions shall comply with the principal structure setback, height, and coverage limitations for the district in which the system is located.

   D.   Other Standards:

      1.   Ground Mount Systems shall comply with all required standards for structures in the zoning district in which the system is located.

      2.   All solar gardens shall comply with the currently adopted International Building Code.

      3.   All solar gardens shall comply with all other State requirements. (Ord. 3-2023, 3-6-2023)

Commercial/Large Scale Solar Farms shall be permitted in Ag zoned areas in the City without a Special Use but shall meet the requirements of all applicable provisions of the City Code. The following information shall also be submitted as part of an application for a Commercial/Large Scale Solar Farm:

   A.   A site plan with existing conditions showing the following:

      1.   Existing property lines and property lines extending one hundred (100) feet from the exterior boundaries including the names of adjacent property owners and the current use of those properties.

      2.   All routes that will be used for the construction and maintenance purposes shall be identified on the site plan. All routes for either egress or ingress shall be shown.

      3.   Location and size of any abandoned wells, sewage treatment systems.

      4.   Existing buildings and impervious surfaces.

      5.   A contour map showing topography at two (2) foot intervals. A contour map of surrounding properties may also be required.

      6.   Existing vegetation (list type and percent of coverage: i.e. cropland/plowed fields, grassland, wooded areas, etc.)

      7.   Any delineated wetland boundaries.

      8.   A copy of the current FEMA FIRM maps that shows the subject property including the one hundred (lOO)-year floor elevation and any regulated flood protection elevation, if available.

      9.   Surface water drainage patterns.

      10.   The location of any subsurface drainage tiles.

      11.   Location and spacing of the solar collector.

      12.   Location of underground and overhead electric lines connecting the solar farm to a building, substation or other electric load.

      13.   New electrical equipment other than at the existing building or substations that is to be the connection point for the solar farm.

   B.   A site plan with proposed conditions showing the following:

      1.   Location and spacing of the solar panels.

      2.   Location of access roads.

      3.   Location of underground or overhead electric lines connecting the solar farm to a building, substation, or other electric load.

      4.   New electrical equipment other than at the existing building or substation that is to be the connection point for the solar farm.

   C.   Fencing and Weed/Grass Control

      1.   An acceptable weed/grass control plan for property inside and outside the fenced area for the entire property shall be submitted. The applicant and any successor shall during the operation of the Solar Farm adhere to the weed/grass control plan.

      2.   Perimeter fencing shall be installed around the boundary of the solar farm having a maximum height of eight (8) feet. The fence shall contain appropriate warning signage that is posted such that it is clearly visible on the site.

      3.   The applicant shall maintain the fence in good condition.

   D.   Manufacturer's Specifications: The manufacturer's specifications and recommended installation methods for all major equipment, including solar panels/collectors, mounting systems, and foundations for poles and racks.

   E.   Connection and Interconnection

      1.   A description of the method of connecting the solar array to a building or substation.

      2.   Utility interconnection details and a copy of written notification to the utility company requesting the proposed interconnection.

   F.   Setbacks: A minimum of fifty (50) feet must be maintained from all property lines. Solar panels shall be kept at least one hundred (100) feet from a residence that is not part of the parcel on which the facility is located.

   G.   Fire Protection: A fire protection plan for the construction and the operation of the facility, and emergency access to the site.

   H.   Reflectors: All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties in accordance with state solar guidelines.

   I.   Road Use Agreements: All routes on City streets that will be used for the construction and maintenance purposes shall be identified on the site plan. All routes for either egress or ingress need to be shown. The routing shall be approved subject to the approval of the City Engineer, The Solar Farm or Garden Developer shall complete and provide a preconstruction baseline survey to determine existing road conditions for assessing potential future damage due to development related traffic. The development shall provide a road repair plan to ameliorate any and all damage, installation, or replacement of roads that might be required by the developer. The developer shall provide a letter of credit or surety bond in an amount and form approved by the City Administrator when warranted.

   J.   Decommissioning of the Solar Farm or Garden

      1.   The Developer shall provide a decommissioning plan for the anticipated service life of the facility or in the event the facility is abandoned or has reached its life expectancy. If the solar farm or garden is out of service or not producing electrical energy for a period of twelve (12) months, it will be deemed nonoperational and decommissioning and removal of that facility shall commence according to the decommissioning plan as provided and approved, A cost estimate for the decommissioning of the facility shall be prepared by a professional engineer or contractor who has expertise in the removal of the solar farm or garden. The decommissioning cost estimate shall explicitly detail the cost before considering any projected salvage value of the out of service solar farm. A restoration plan shall also be provided for the site with the application. The decommissioning plan shall include the following:

      2.   Removal of the following within six (6) months after the farm became nonoperational:

         a.   All solar collectors and components, above ground improvements and outside storage.

         b.   Foundations, pads and underground electrical wires and reclaim site to a depth of four' (4) feet below the surface of the ground.

         c.   Hazardous material from the property and dispose in accordance with Federal and State law.

      3.   The decommissioning plan shall also include an agreement between the applicant and the City that:

         a.   The financial resources for decommissioning shall be secured by a Surety Bond, or cash deposited in an escrow account with an escrow agent acceptable to the City Council.

         b.   The agreement shall establish conditions in which the funds will be disbursed.

         c.   The City shall have access to the security for the purpose of completing decommissioning if decommissioning is not completed by the owner of the project within six (6) months of the end of project life or facility abandonment.

         d.   The City shall have the right to enter the site, pursuant to reasonable notice to effect or complete decommissioning.

         e.   The City shall have the right to seek injunctive relief to effect or complete decommissioning, and to seek reimbursement from the owner for decommissioning costs in excess of the amount deposited in escrow and to file a Hen against any real estate owned by applicant or applicant's successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce said lien. (Ord. 3-2023, 3-6-2023)

All solar energy systems shall require a permit from the Code Enforcement Officer and shall comply with any other applicable provisions of the City Code, State law, or Federal law. (Ord. 3-2023, 3-6-2023)

The owner operator of the solar farm shall maintain a current general liability policy covering bodily injury and property damage and name the City as an additional insured with limits of at least one million dollars ($1,000,000.00) per occurrence and five million dollars ($5,000,000.00) in the aggregate with a deductible of no more than five thousand dollars ($5,000.00). (Ord. 3-2023, 3-6-2023)

The City Administrator shall enforce the provisions of this chapter through inspections on such schedule as he deems appropriate. The City Administrator has the authority to enter upon the premises where a solar energy system is located at any time by coordinating a reasonable time with the operator/owner of the facility.

Any person, film or cooperation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this chapter shall be subject to the general penalty provisions of the City Code. (Ord. 3-2023, 3-6-2023)

The fees for processing the applications for solar energy systems shall be as follows:

 

 

(Ord. 3-2023, 3-6-2023)