This division may be cited as the Solar Energy Code.

(Ord. 867, 2-13-2024)

   The purpose of this section is to facilitate the construction, installation, and operation of solar energy systems in the City of Chenoa 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.

(Ord. 867, 2-13-2024)

   This division does not apply to any solar energy system with solar panels that, in the aggregate, do not exceed four square feet.

(Ord. 867, 2-13-2024)

As used in this division:

 

(Ord. 867, 2-13-2024)

   A.   A private, roof mounted solar-energy system is allowed as a permitted use in the following zoning districts:

      1.   AG (Agricultural).

      2.   R-1 (Single Family Residence), R-1A (Single-family manufactured home residential district), R-2 (Medium Density Residential), R-3 (High Density Residential), and MH (Mobile Home).

      3.   C-1 (Local Business), C-2 (Central Business).

      4.   I-1 (Light Industrial), I-2 (General Industrial), I-3 (Highway Interchange Industrial District), I-4 (Highway Interchange Industrial and highway use).

   B.   A private, ground-mount solar-energy-system is allowed as a permitted use in the following zoning districts:

      1.   AG (Agricultural).

      2.   R-1 (Single Family Residence), R-1A (Single-family manufactured home residential district), R-2 (Medium Density Residential), R-3 (High Density Residential), and MH (Mobile Home).

      3.   I-1 (Light industrial), I-2 (General industrial), I-3 (Highway Interchange Industrial District), I-4 (Highway interchange industrial and highway use).

   C.   Private, building integrated solar systems are permitted in all zoning districts as a permitted use.

(Ord. 867, 2-13-2024)

   A.   A private, ground mount solar energy system is allowed as a special use in the following zoning districts:

      1.   C-1 (Local Business), C-2 (Central Business).

   B.   A commercial ground mount or roof mount solar energy system is allowed as a special use in the following districts:

      1.   A (Agricultural).

      2.   I-1 (Light Industrial), I-2 (General Industrial).

      3.   R-1 (Single-family), R-1A (Single-family manufactured home), R-2 (Medium Density Residential), R-3 (Higher density residential district).

(Ord. 867, 2-13-2024)

   Any solar energy system that is not allowed as a permitted use under section 10-15-5 or as a special use under section 10-15-6 is prohibited.

(Ord. 867, 2-13-2024)

   The allowance of a solar energy system under this division 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.

(Ord. 867, 2-13-2024)

   A.   Regulatory Compliance. Each solar energy system requires a permit from Zoning. 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.   Installation. All solar energy systems must be installed by a qualified solar installer.

   F.   Maintenance. All solar energy systems must be maintained and kept in good working order. If it is determined by Zoning 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 six consecutive months, the property owner will be given 90-day written notice to remedy or to remove the unit and all equipment.

(Ord. 867, 2-13-2024)

   A.   Height requirements for roof mount solar energy systems.

      1.   The height of a roof mount solar energy system is measured from the roof surface on which the system is mounted to the highest edge of the system.

      2.   A roof mount 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.

      3.   Solar energy systems mounted on a pitched roof may not extend beyond six inches (6") parallel to the roof surface of the pitched roof.

      4.   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 extend beyond four feet (4') parallel to the roof surface of the flat roof.

   B.   Height Requirements for Ground Mount Solar Energy Systems.

      1.   The height of a ground mount 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.

      2.   Ground mount systems may not exceed four feet (4') if they are located (i) within R-1, R-1A, and R-2 zoning districts or (ii) within one hundred feet (100') from the property line of any single or multiple-family residence.

      3.   Ground mount systems other than those limited under section 10-15-10(B)(2) may not exceed fifteen feet (15').

   C.   Size and Setback Requirements.

      1.   For roof mount solar energy systems, the total square footage of the system panels may not exceed the total area of the roof surface of the structure to which the system is attached. The panels and mounting devices may not extend beyond the perimeter of the building on which the system is mounted, but roofing tiles and shingles may extend to the edge of the roof eaves.

      2.   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.

      3.   Ground mount solar energy systems must meet the accessory structure setbacks for the zoning district in which the system is located.

      4.   Ground mount solar energy systems may not extend into a setback at any design tilt.

      5.   Ground mount solar energy systems in any residential district may be located in a rear yard only.

(Ord. 867, 2-13-2024)

   A.   Site Plan Required. A permit application for a commercial solar energy system must include a site plan with existing conditions showing all of the following:

      1.   Existing property lines and property lines extending one hundred feet (100') from the exterior boundaries, including the names of adjacent property owners and the current uses of those properties. All commercial solar energy systems must be located on a recorded lot of record.

      2.   All ingress and egress routes that will be used for the construction and maintenance purposes.

      3.   The location and size of any abandoned wells or sewage treatment systems.

      4.   Existing buildings and impervious surfaces.

      5.   A contour map showing topography at two-foot (2') 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 100-year flood elevation and any regulated flood protection elevation, if available.

      9.   Surface water drainage patterns.

      10.   Storm water detention, erosion control, and storm sewer drainage accommodations in accordance with City Code. Ground areas covered by solar panels and equipment will be considered impervious areas, and the runoff coefficient ("C" value) for storm-water design will be 0.95, regardless of the ground-surface under the solar panel and equipment.

      11.   The location of any subsurface drainage tiles.

      12.   Location and spacing of the solar collector.

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

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

   B.   Manufacturers' Specifications. A permit application for a 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 commercial solar energy system must include all of the following:

      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.

   D.   A permit application for a 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.   Setbacks. Zoning Code setback rules apply.

(Ord. 867, 2-13-2024)

   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 commercial solar energy system is hereby deemed to be a public nuisance.

   B.   A permit application for a commercial solar energy system must include a decommissioning plan for the anticipated service life of the 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 twelve (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 six (6) months after the system became non-operational:

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

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

      3.   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 10-15-12B. 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 Zoning. 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 with the reasonable cost to be paid by the owner.

(Ord. 867, 2-13-2024)

   A.   The owner of a 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 one million ($1,000,000) per occurrence and five million ($5,000,000) 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 Chenoa 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. City has a right to request proof of insurance at any time.

   D.   The policy must give the City at least thirty (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 ten (10) days before the cancellation. Any renewal certificate of insurance must be automatically provided to the City at least thirty (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.

(Ord. 867, 2-13-2024)