Danville City Zoning Code
CHAPTER 155
COMMERCIAL SOLAR ENERGY SYSTEMS
§ 155.001 TITLE AND PURPOSE.
(A) The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of solar energy systems designed for commercial energy production.
(B) The intent of these regulations is to protect the public health, safety, and community welfare while allowing development of solar energy resources for commercial purposes.
(C) This chapter shall apply to solar energy farms within the City of Danville limits and the 1.5-mile radius surrounding the jurisdiction.
(D) No Commercial Solar Energy Facility or Substation governed by this Chapter shall be constructed, erected, installed, or located within the City and the 1.5-mile radius surrounding the jurisdiction, unless prior siting approval has been obtained for each individual Commercial Solar Energy Facility or for a group of Commercial Solar Energy Facilities under a joint siting application pursuant to this chapter.
(Ord. 9527, passed 2-18-25; Am. Ord. 9531, passed 2-18-25)
§ 155.002 DEFINITION.
For purposes of this Chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
"AGRICULTURAL IMPACT MITIGATION AGREEMENT (AIMA)." The agreement between the facility owner and the Illinois Department of Agriculture (IDOA).
"APPLICANT." The entity who submits to the City an application for the siting and operation of any Commercial Solar Energy Facility or Substation. All references to applicant in this chapter shall include applicant's successors-in-interest and assigns, which includes a Commercial Solar Energy Facility permittee (as defined herein).
"COMMERCIAL SOLAR ENERGY BUILDING PERMIT." A permit necessary for the commencement of work performed toward the construction, erection or installation of an approved Commercial Solar Energy Facility, Substation, Supporting Facilities, or operations and maintenance building in connection with a Commercial Solar Energy Facility. A “COMMERCIAL SOLAR ENERGY BUILDING PERMIT” may be issued by the city after a Commercial Solar Energy Facility has obtained a Special Use Permit from the City Council and the City of Danville Zoning Administrator determines that all conditions, if any, have been satisfied that are imposed by the special use permit. The “COMMERCIAL SOLAR ENERGY BUILDING PERMIT” shall require the applicant to deliver a written "Notice to Proceed" for the Commercial Solar Energy Facility to the city prior to commencement of construction of the Commercial Solar Energy Facility. The term "commencement of construction", as used in this Chapter, includes any site development work (e.g., demolition, grubbing, grading).
"COMMERCIAL SOLAR ENERGY FACILITY/SYSTEM." Any device or assembly of devices that: is ground installed and uses solar energy from sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices reside.
"DECONSTRUCTION." The removal of a facility from the property of a landowner and the restoration of that property as provided in the AIMA.
"DECONSTRUCTION/DECOMMISSION PLAN." A plan prepared by a professional engineer, at the facility's expense, that includes: (1) the estimated deconstruction cost, in current dollars at the time of filing, for the facility, considering among other things: i.e. the number of solar panels, racking, and related facilities involved; the original construction costs of the facility; the size and capacity, in megawatts of the facility; the salvage value of the facilities (if all interests in salvage value are subordinate to that of the financial assurance holder if abandonment occurs); the construction method and techniques for the facility and for other similar facilities; and (2) a comprehensive detailed description of how the facility owner plans to pay for the deconstruction of the facility.
"FACILITY OWNER."
(1) A person with a direct ownership interest in a commercial solar energy facility regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility; and
(2) At the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits and approvals or by planning for the construction and operation of facility, regardless of whether the person will own or operate the facility.
"GROUND INSTALLED." The installation of a commercial solar energy system, with the primary purpose of solar energy generation for wholesale or retail sale, on a parcel or tract of land.
"NONPARTICIPATING PROPERTY." Real property that is not a participating property.
"NONPARTICIPATING RESIDENCE." A residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the Commercial Wind Energy Facility or the Commercial Solar Energy Facility is filed with the county.
"OPERATOR." The person or entity responsible for the day-to-day operation and maintenance of a Commercial Solar Energy Facility, including any third-party subcontractors. The operator must be a qualified solar power professional. All references to operator in this Chapter shall include operator's successors-in-interest and assigns.
"OWNER." The person or entity or entities with an equity interest in a Commercial Solar Energy Facility, including their respective successors in-interest and assigns. The owner does not mean: (1) the property owner from whom land is leased for locating a Commercial Solar Energy Facility (unless the property owner has an equity interest in a Commercial Solar Energy Facility); or (2) any person holding a security interest in a Commercial Solar Energy Facility solely to secure an extension of credit, or a person foreclosing on such security interest, provided that after foreclosure, such person seeks to sell a Commercial Solar Energy Facility at the earliest practicable date. This definition includes the definition of facility owner as defined in ILCS Ch. 55, Act 5, § 5-12020.
"PARTICIPATING PROPERTY." Real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a Commercial Solar Energy Facility or supporting facilities. "PARTICIPATING PROPERTY" also includes real property that is owned by a facility owner for the purpose of constructing a Commercial Solar Energy Facility or supporting facilities.
"SPECIAL USE PERMIT." Use for which a special permit, issued in accordance with Chapter 150 Appendix A, is required prior to the commencement of that use.
(Ord. 9527, passed 2-18-25; Am. Ord. 9531, passed 2-18-25)
§ 155.003 SPECIAL USE PERMIT APPLICATION.
The City of Danville City Council may authorize the special use permit to allow a commercial/large solar system in the I-1, Light Industrial, I-2 General Industrial, and AG-1, Agriculture Zoning District as a principal use on a lot.
(Ord. 9527, passed 2-18-25; Am. Ord. 9531, passed 2-18-25)
§ 155.004 DESIGN STANDARDS FOR COMMERCIAL SOLAR ENERGY FACILITIES.
(A) Foundations. The manufacturer's engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
(B) Building codes. All commercial solar energy facilities be in compliance with any applicant local, state and federal regulatory standards, and the National Electric Code as amended. All materials shall be federally sourced and manufactured.
(C) Power and communication line. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions or variances may be granted in instances where shallow bedrock watercourses, or other elements of natural landscape interfere with the ability to bury lines.
(D) Glare. Solar energy systems shall be designed and located to avoid significant glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard. This may be accomplished by both the placement and angle of the collection devices as well as human-made or environmental barriers. Glare intensity is considered significant if it measures more than 20% of the incident sun intensity. The potential for glare and remediation of glare shall be quantified in the initial materials submitted for system review and approval.
(E) Minimum lot size. No solar energy system shall be built on any lot less than five acres in size.
(F) Height. No solar energy system shall exceed 20 feet at maximum tilt of the solar panel(s).
(G) Setbacks. The Commercial Solar Energy Facility shall be sited as follows, with setback distances measured from the nearest edge of any component of the facility:
(1) Dwellings on nonparticipating properties: 150 feet to the nearest point on the outside wall of the structure.
(2) Boundary lines of nonparticipating Property: 50 feet to the nearest point on the outside wall of the structure.
(3) Public road right-of-ways: 50 feet from the nearest edge of the public road right-of-way.
(H) Screening/fencing. A locked fence of at least six feet in height shall enclose the Commercial Solar Facility.
(I) Buffer/landscaping requirements. Solar energy systems abutting a residential zoning district shall include a buffer strip not less than 100 feet wide. Such buffer strip shall be landscaped and planted with a combination of shrubs, trees or other plants which provide a visual and acoustic screen, and may contain fences, or ornamental and acoustic walls.
(K) Noise. Noise levels measured at the property line shall comply with standards set out by the Illinois Pollution Control Board.
(L) All wiring between solar panels and the solar farm facility substation shall be underground whenever possible. All solar energy system wiring shall be neatly grouped, routed and continuously supported. Solar energy systems should blend into the architecture of the building where they are located if mounted on a building. Solar energy systems, to the extent practical, should limit visibility from the right-of-way.
(M) Monitoring and maintenance. The facility owner or operator shall maintain the solar energy system in good condition. Maintenance shall include, but is not be limited to, painting, structural repairs, and integrity of security measures.
(N) Advertising. A solar energy system shall not be used to display any advertising or signage, including streamers, pennants, spinners, flags, reflectors, ribbons, balloons-banners, or other similar materials.
(O) Quality and disposal. All solar panels used as a part of a solar energy system shall be certified to meet the US EPA Toxicity Characteristic Leaching Procedure Standards (TCLP). Disposal of solar panels after replacement or abandonment shall follow Federal Resource Conservation and Recovery Act requirements where applicable.
(Ord. 9527, passed 2-18-25; Am. Ord. 9531, passed 2-18-25)
§ 155.005 BUILDING PERMIT REQUIREMENTS.
The Commercial Solar Energy Facility/system shall require a building permit and shall be subject to the procedures and standards included in this Chapter. Actual construction must start on a site within two years of application approval by the City of Danville Community Development Division or such permits will no longer be valid. It is the responsibility of the facility owner or operator to provide the City with proof of actual construction.
(A) Application documents.
(1) Site plans.
(2) Impacts of views analysis.
(3) Glare study.
(4) Noise study.
(5) Visualization.
(6) Vegetative/landscaping management plan.
(7) Stormwater management plan.
(8) Property value study.
(9) Deconstruct/decommission plan and cost estimates.
(10) Interconnection agreement/application with the utility company.
(11) Agricultural Impact Mitigation Agreement (AIMA).
(12) Insurance information.
(13) Environmental impact study.
(14) Health impact study.
(15) JULIE shall be contacted before digging or excavation begins.
(16) Annual review and reporting.
(17) Certification. solar energy systems shall conform to applicable industry standards herein cited, including those from the UL and Federal Aviation Administration (FAA). All applicable county, state, and national construction and electric codes shall be followed. For the purposes of this Chapter, the City adopts the National Electric Code and International Building Code as amended from time to time.
(18) Toxicity Characteristic Leaching Procedure (TCLP) test.
(B) Considerations.
(1) Impact on agricultural Land.
(2) Chemical dispersion.
(3) Health impacts on nearby neighbors.
(4) Preservation of native vegetation.
(5) Carbon emission.
(6) Impacts on adjacent properties- promote public safety, noise and glare reduction.
(Ord. 9527, passed 2-18-25; Am. Ord. 9531, passed 2-18-25)
§ 155.006 ABANDONMENT.
Any ground mounted solar energy system that is no longer being utilized as such shall be disassembled and removed by the facility owner or operator within 90 days after notice from the City to remove the system. If the owner of the abandoned system cannot be located or is no longer in business, the requirements of this Section shall be the responsibility of the landowner on whose lot the system is located.
(Ord. 9527, passed 2-18-25; Am. Ord. 9531, passed 2-18-25)
§ 155.007 COMPONENTS OF A DECOMMISSIONING PLAN.
A deconstruct/decommission agreement shall be required to ensure that facilities are properly removed after their useful life. Decommissioning shall consist of physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site and stabilization or re-vegetation of the site as necessary to minimize erosion. No building permits will be issued prior to that. This agreement and financial assurances in benefit to the City/County must be compliant with the Department of Agriculture's standard solar agricultural impact mitigation agreement. Decommissioning must include:
(A) Estimated lifespan of the project.
(B) Defined conditions upon which decommissioning will be initiated, such as the end of lease, inoperation of the facility for a certain period, or a pre-identified end date.
(C) Identification of the responsibility of the applicant of decommissioning.
(D) Statement defining how notification will be made of intent to start the decommissioning process.
(E) Description of any agreement made with the landowner regarding decommissioning.
(F) Plans and schedule for updating the decommissioning plan over time.
(G) Decommissioning tasks and timing, including:
(1) Removal of all equipment, structures, fencing, roads, and foundations.
(2) Restoration of property to condition prior to solar development.
(3) The timeframe for completion of decommissioning activities.
(H) Detailed decommissioning cost estimates prepared by a knowledgeable independent party. This may or may not include the salvage value of solar equipment and infrastructure.
(I) A description of expected impacts on natural resources.
(J) Financial surety, which may be established through different financial instruments, such as trusts or escrow accounts, bonds, letters of credit, or other types of agreements.
(Ord. 9527, passed 2-18-25; Am. Ord. 9531, passed 2-18-25)