This chapter applies to all solar energy installations in the Village of Broadview. (Ord. CO-2022-1, 2-7-2022)

The Village of Broadview has adopted this chapter for the following purposes:

   A.    Goal: To preserve the health, safety, and welfare of the community by promoting the safe, effective and efficient use of solar energy systems. The solar energy standards include:

      1.   Encouraging the use of local renewable energy resources, including appropriate applications for wind, solar, and biomass energy.

      2.   Promoting sustainable building design and management practices to serve current and future generations.

      3.   Assisting local businesses to lower financial and regulatory risks and improve their economic, community, and environmental sustainability.

      4.   Efficiently investing in and managing public infrastructure systems to support development and growth.

   B.   Climate Change Goals: The Village has committed to reducing carbon and other greenhouse gas emissions. Solar energy is an abundant, renewable, and nonpolluting energy resource and its conversion to electricity or heat reduces dependence on nonrenewable energy resources and decreases the air and water pollution that results from the use of conventional energy sources.

   C.   Consistency with Regional Plans: The Village is part of a regional planning process that has developed recommendations for greenhouse gas reductions, a purpose served by encouraging local solar development.

   D.   Infrastructure: Distributed solar photovoltaic systems will enhance the reliability and power quality of the power grid and make more efficient use of Village's electric distribution infrastructure.

   E.   Local Resource: Solar energy is an underused local energy resource and encouraging the use of solar energy will diversify the community's energy supply portfolio and reduce exposure to fiscal risks associated with fossil fuels.

   F.   Improve Competitive Markets: Solar energy systems offer additional energy choice to consumers and will improve competition in the electricity and natural gas supply market. (Ord. CO-2022-1, 2-7-2022)

 

Solar energy systems are a permitted accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as set forth below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. Solar energy systems that do not meet the following design standards will require a special use permit. Payment of building or other permit fees may be required prior to installation.

   A.   Height: Solar energy systems must meet the following height requirements:

      1.   Building or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building mounted mechanical devices or equipment.

      2.   Ground or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.

      3.   Solar carports in non-residential districts shall not exceed 20 feet in height.

   B.   Setback: Solar energy systems must meet the accessory structure setback for the zoning district and principal land use associated with the lot on which the system is located, as allowed below:

      1.   Roof or Building-mounted Solar Energy Systems: The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered to be building-integrated systems and are regulated as awnings.

      2.   Ground-mounted Solar Energy Systems: Ground-mounted solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.

   C.   Visibility: Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described in C.1-3 of this subsection, to the extent that doing so does not affect the cost or efficacy of the system. Visibility standards do not apply to systems in non-residential districts, except for historic building or district review as described in subsection E. below.

      1.   Building Integrated Photovoltaic Solar Energy Systems: Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use, or performance standards for the district in which the building is located.

      2.    Aesthetic restrictions: Roof-mounted or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley or if the system meets the following standards:

         a.   Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten (10) inches above the roof.

         b.   Roof-mounted systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five (5) feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.

      3.   Reflectors: All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

   D.   Lot Coverage: Ground-mounted systems total collector area shall not exceed half the building footprint of the principal structure.

      1.    Ground-mounted systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.

      2.   Ground-mounted systems shall not count toward accessory structure limitations.

      3.    Solar carports in non-residential districts are exempt from lot coverage limitations.

   E.   Compliance with Bulk Regulations: Nothing in this chapter shall be interpreted to waive or suspend any bulk regulations under the Village's zoning code, which shall include but not be limited to water-run off restrictions, impermeable surface restrictions, heights restrictions, or other similar regulations. Any party may seek a variance from the bulk regulations where allowed under the Village's zoning code.

   F.   Historic Buildings: Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must receive approval of the Village Board, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of the Interior.

   G.   Plan Approval Required: All solar energy systems requiring a building permit or other permit from the Village shall provide a site plan for review.

      1.   Plan Applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mounted system, including the property lines.

      2.   Plan Approvals. Applications that meet the design requirements of this chapter shall be granted administrative approval by the zoning official and shall not require planning commission review. Plan approval does not indicate compliance with applicable building codes or electric codes.

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

   I.   Compliance with Building Codes: All solar energy systems shall meet approval of local building code officials, consistent with the State of Illinois building code laws, and solar thermal systems shall comply with HVAC-related requirements of applicable energy laws.

   J.   Compliance with the National Electric Code: All photovoltaic systems shall comply with the National Electric Code, 2014 edition.

   K.   Compliance with the State Plumbing Code: Solar thermal systems shall comply with applicable Illinois Plumbing Code requirements.

   L.   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. (Ord. CO-2022-1, 2-7-2022)

The Village encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the development lot or lots are special uses in selected districts as detailed herein. Payment of building or other permit fees may be required prior to installation.

   A.   Principal Use General Standards

      1.   Site Design

         a.   Setbacks: Community- and large-scale solar arrays must meet the following setbacks:

            (1)   Property line setback for buildings or structures in the district in which the system is located, except as other determined in subsection A(1)(a)(v) below.

            (2)   Roadway setback of one hundred and fifty (150) feet from the ROW centerline of State highways and CSAHs, one hundred (100) feet for other roads, except as other determined in subsection A(1)(a)(v) below.

            (3)   Housing unit setback of one hundred and fifty (150) feet from any existing dwelling unit, except as other determined in subsection A(1)(a)(v) below.

            (4)   Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.

            (5)   All setbacks can be reduced by fifty percent (50%) if the array is fully screened from the setback point of measurement.

         b.   Screening: Community- and large-scale solar shall be screened from existing residential dwellings.

            (1)   A screening plan shall be submitted that identifies the type and extent of screening.

            (2)   Screening shall be consistent with the Village's screening ordinance or standards typically applied for other land uses requiring screening.

            (3)   Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.

            (4)   The Village may require screening where it determines there is a clear community interest in maintaining a viewshed.

         c.   Ground cover and buffer areas: The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover. Additional site-specific conditions may apply as required by the Village.

            (1)   Large-scale removal of mature trees on the site is discouraged. The Village may set additional restrictions on tree clearing or require mitigation for cleared trees.

            (2)   The project design shall include the installation and establishment of ground cover meeting the pollinator-friendly standard consistent with the Pollinator-Friendly Solar Site Act (525 ILCS 55/1, et seq.) or successor statutes and guidance as set by the Illinois Department of Natural Resources.

            (3)   The applicant shall submit a vegetation management plan adhering to guidance set forth by the pollinator friendly scorecard published by the Illinois Department of Natural Resources.

            (4)   Pollinator-friendly standards shall be maintained on the site for the duration of operation, until the site is decommissioned.

            (5)   The Village may require submittal of an inspection fee at the time of the initial fee at the time of the initial permit application to support ongoing inspection of the pollinator-friendly ground cover.

             (6)   The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the Village of Broadview equal to one hundred and twenty-five (125) percent of the costs to meet the pollinator friendly standard. The financial guarantee shall remain in effect until vegetation is sufficiently established.

            (7)   Plant material must not have been treated with systemic insecticides, particularly neonicontinoids.

         d.   Foundations: A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.

         e.   Power and communication lines: Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Village in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator.

         f.   Fencing: Perimeter fencing for the site shall not include barbed wire or woven wire designs, and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.

      2.   Stormwater and NPDES: Solar farms are subject to the Village's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in subsection A(1)(c) herein.

      3.   Other standards and codes: All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including but not limited to the Illinois Energy Conservation Code, Illinois Accessibility Code, the Village-adopted International Building Code, the Illinois Plumbing Code, as amended; and the National Electric Code, as amended.

      4.    Site Plan Required: The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands, and other protected natural resources, topography, electric equipment, and all other characteristics requested by the Village. The site plan should show all zoning districts and overlay districts.

      5.    Aviation Protection: For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.

      6.    Agricultural Protection: Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils, including submitting an Agricultural Impact Mitigation Plan ("AIMP") to the Village and the Illinois Department Agriculture, as required by the Renewable Energy Facilities Agricultural Impact Mitigation Act (505 ILCS 147/1, et seq.), or successor statute. The Village may require mitigation for use of prime soils for solar array placement, including the following:

         a.   Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.

         b.   Using an interim use or time-limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation.

         c.   Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.

         d.   Locating the project in wellhead protection area for the purpose of removing agricultural uses from high-risk recharge areas.

      7.    Decommissioning: A decommissioning plan shall be prepared and submitted as part of the Agricultural Impact Mitigation Plan in accordance with the Renewable Energy Facilities Agricultural Impact Mitigation Act (505 ILCS 147/1, et seq.).

         a.   Decommissioning of the system must occur in the event the project is not in use for twelve (12) consecutive months.

         b.    The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation, and consistency with all standards of the AIMP.

         c.   Disposal of structures and/or foundations shall meet the provisions of the Village's solid waste regulations.

         d.   Financial assurances shall be provided to the Village consistent with the Illinois Department of Agriculture's standard agricultural impact mitigation agreement.

   B.   Community-Scale Solar: The Village permits the development of community-scale solar, subject to the following standards and requirements:

      1.    Rooftop gardens permitted: Rooftop community systems are permitted in all districts where buildings are permitted.

      2.   Community-scale uses: Ground-mounted community solar energy systems must cover no more than ten (10) acres (project boundaries), and are a permitted use in industrial and agricultural districts, and permitted with standards or special in all other non-residential districts. Ground-mounted solar developments covering more than ten (10) acres shall be considered large-scale solar.

      3.    Dimensional standards: All structures must comply with setback and height standards for the district in which the system is located.

      4.   Other standards: Ground-mounted systems must comply with all required standards for structures in the district in which the system is located.

   C.   Large-Scale Solar: Ground-mounted solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted under the following standards:

      1.   Special use permit: Solar farms are special uses. (Ord. CO-2022-1, 2-7-2022)

 

 

(Ord. CO-2022-1, 2-7-2022)

Consistent with the Homeowners' Energy Policy Statement Act (765 ILCS 165/1, et seq.), no homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of the Village shall prohibit or restrict homeowners from installing solar energy systems. No energy policy statement enacted by a common interest community shall be more restrictive than the Village's solar energy standards. (Ord. CO-2022-1, 2-7-2022)

   A.   Condition for Planned Unit Development (PUD) Approval: The Village may require on-site renewable energy systems, zero-net-energy (ZNE) or zero-net-carbon (ZNC) building designs, solarsynchronized electric vehicle charging or other clean energy systems as a condition for approval of a PUD permit to mitigate for the following:

      1.   Impacts on the performance of the electric distribution system.

      2.   Increased local emissions of greenhouse gases associated with the proposal.

      3.   Need for electric vehicle charging infrastructure to offset transportation-related emissions for trips generated by the new development.

      4.   Other impacts of the proposed development that are inconsistent with this chapter and the Village's Comprehensive Plan, if one is adopted.

   B.   Condition for Special Use Permit: The Village may require on-site renewable energy systems or zero net energy construction as a condition for a rezoning or a special use permit. (Ord. CO-2022-1, 2-7-2022)

The Village encourages incorporating on-site renewable energy system or zero net energy construction for new construction and redevelopment. The Village may require on-site renewable energy or zero-net energy construction when issuing a special use permit where the project has access to local energy resources, in order to ensure consistency with Village's Climate Action Plan.

   A.   Density Bonus: Any application for subdivision of land in any zoning districts that will allow the development of at least four (4) new lots of record may be allowed to increase the maximum number of lots by ten percent (10%) or one (1) lot, whichever is greater, provided all building and wastewater setbacks can be met with the increased density, if the applicant enters into a development agreement guaranteeing at least three (3) kilowatts of PV for each new residence, new building, or new development that has a solar resource.

   B.   Solar-Ready Buildings: The Village encourages builders to use solar-ready design in buildings. Buildings that have on file a completed U.S. EPA Renewable Energy Ready Home Solar Photovoltaic Checklist (or other approved solar-ready standard) and associated documentation will be certified as a Village of Broadview solar ready home. This designation will be included in the home's permit history.

   C.   Solar Access Variance: When a developer or applicant requests a variance from the Village's subdivision solar access standards, the zoning administrator may grant an administrative exception from the solar access standards provided the applicant meets the conditions of 1 and 2 below:

      1.   Solar Access Lots Identified: At least twenty-five percent (25%) of the lots are identified as solar development lots.

      2.   Covenant Assigned: Solar access lots are assigned a covenant that homes built upon these lots must include a solar energy system. Photovoltaic systems must be at least three (3) KW in capacity.

      3.   Additional Fees Waived: The Village will waive any additional fees charged by the Village for filing of the covenant. The developer or applicant shall be responsible for all other fees and filing requirements to record this covenant with the Cook County Clerk's office or any other applicable offices. (Ord. CO-2022-1, 2-7-2022)