ACCESSORY: As applied to a building, structure, or use, one which is on the same lot with, incidental to and subordinate to the main or principal structure or use and which is used for purposes customarily incidental to the main or principal structure, or the main or principal use.

DISTRIBUTED GENERATION INSTALLER: A person who has completed all requirements to be certified by the State of Illinois and the Illinois Commerce Commission in order to install renewable energy appliances and equipment.

GROUND MOUNT SOLAR ENERGY SYSTEM: A solar energy system that is directly installed into the ground and is not attached or affixed to an existing structure.

NET METERING: A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM (SES): The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing.

   Community Garden Energy System (CGES): A community solar- electric (photovoltaic) array, of no more than fifteen (15) acres in size, that provides retail electric power (or financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system.

   Personal Solar Energy System (PSES): Any device or combination of devices or elements which rely upon direct sunlight as an energy source including but not limited to any substance or device which collects sunlight for generating electricity for use on-site. However, the energy output may be delivered to a power grid to offset the cost of energy on-site.

   Solar Farm Energy System (SFES): A commercial facility that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for on-site or off-site use with the primary purpose of selling wholesale or retail generated electricity in excess of fifteen (15) acres.

SOLAR PANEL: A device for the direct conversion of solar energy into electricity or heat.

STRUCTURE MOUNT SOLAR ENERGY SYSTEM: A solar energy system in which solar panels are mounted on a structure. (Ord. 814, 2-21-2019)

   A.   Purpose And Intent: The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of PSESs designed for on-site home, farm, and small commercial use that are used primarily to reduce on- site consumption of utility power. The intent of these regulations is to protect the public health, safety, and community welfare without unduly restricting the development of PSESs.

   B.   Permitted Use: Personal Solar Energy Systems shall be considered an accessory use to a principal permitted use in any zoning district.

   C.   Special Requirements: Personal Solar Energy Systems shall be subject to the requirements included in this title unless otherwise stated herein:

      1.   Generally:

         a.   Compliance: All applicable laws, statutes, regulations and ordinances shall be followed.

         b.   Use: The PSES shall provide electricity or heat for on-site use by the owner. This does not prohibit an owner from making excess power available for net metering.

         c.   Approved Solar Components: Electric solar energy system components must have an Underwriters Laboratory (UL) listing or approved equivalent.

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

         e.   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.

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

      2.   Ground Mounted PSES: Ground mounted PSES shall be subject to the following requirements:

         a.   Height: Shall not be greater than ten feet (10') at maximum tilt of the solar panel(s) in any zoning district.

         b.   Lot Size: The lot on which the PSES is to be installed must be no smaller than one acre.

         c.   Setbacks: The PSES shall maintain perimeter setbacks of no less than thirty feet (30'). No PSES shall be permitted to be located in the required front yard.

         d.   Coverage: Ground mount systems shall not exceed half the building footprint of the principal structure and shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious.

         e.   Variance: If any of these specifications cannot be met, a variance must be applied for and obtained prior to installation.

      3.   Roof Mounted PSES: Roof mounted PSES shall be subject to the following requirements:

         a.   Height:

            (1)   Shall not project more than twelve inches (12") above the roof; and

            (2)   Shall not be greater than the allowable height of any structure within the zoning district in which the PSES is to be installed, except that if an existing roof is within twelve inches (12") of the maximum allowable height, then the PSES may project no more than twelve inches (12") above the roof, even if it exceeds the maximum allowable height.

         b.   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.

         c.   Roof Coverage: Roof mount solar energy systems shall not occupy more than eighty percent (80%) of the aggregate square footage of the roof area. The roof shall be considered a part of a building completely covering and permanently attached to such building and can be flat or pitched.

         d.   Variance: If any of these specifications cannot be met, a variance must be applied for and obtained prior to installation. (Ord. 814, 2-21-2019)

   A.   Purpose And Intent: The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of CGESs designed for multiple households or businesses to reduce the on-site consumption of utility power. The intent of these regulations is to protect the public health, safety, and community welfare without unduly restricting development of CGESs.

   B.   Special Use: Community Garden Energy Systems shall require a special use permit within all zoning districts and shall be subject to the procedures and standards included in special uses unless otherwise stated in this chapter.

   C.   Special Requirements: Community Solar Energy Systems shall be subject to the requirements included in this title unless otherwise stated herein:

      1.   Roof Mounted: Community solar gardens may be located on rooftops. Roof mounted CGES shall be subject to the same requirements as roof mounted PSES described in section 9-16-2 of this chapter.

      2.   Ground Mount Gardens: Ground mount community solar energy systems must be less than fifteen (15) acres in total size, and require a special use permit in all districts. Ground mount solar developments covering more than fifteen (15) acres shall be considered a solar farm.

      3.   Interconnection Agreement: An interconnection agreement must be completed with the electric utility in whose service territory the system is located.

      4.   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.

      5.   Ground Mount Standards: Ground Mount Systems shall comply with all required standards for structures in the zoning district in which the system is located. (Ord. 814, 2-21-2019)

   A.   Purpose And Intent: The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of SFESs designed for commercial energy production. 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.

   B.   Special Use: Solar Farm Energy Systems shall require a special use permit within Industrial and Agricultural Districts and shall be subject to the procedures and standards included in special uses unless otherwise stated in this chapter.

   C.   Special Requirements: SFESs are subject to the following requirements:

      1.   Height: Shall not exceed twenty feet (20') at maximum tilt of the solar panel(s).

      2.   Property Size: The property on which the SFES is to be installed shall be in excess of fifteen (15) acres.

      3.   Setbacks: The front, side and rear yard setbacks shall be a minimum of fifty feet (50') from the property lines which form the outside perimeter of a SFES project area and solar panels will be kept at least five hundred feet (500') from the property line of a residential parcel that is not part of the parcel on which the facility is located.

      4.   Fencing: A fence of at least six feet (6') in height but no greater than eight feet (8') shall enclose the SFES.

      5.   Lighting: If lighting is provided at the project, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel. Provisions of chapter 10 of this title in regards to lighting would need to be followed.

      6.   Noise: Provisions of chapter 11 of this title in regards to noise would need to be followed.

      7.   Installation And Design: The SFES shall be designed and located in order to prevent glare toward any inhabited buildings on adjacent properties as well as adjacent highways.

      8.   Outdoor Storage: Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar farm shall be allowed.

      9.   Agreements: Proof an Agriculture Impact Mitigation Agreement (AIMA) has been executed with the Illinois Department of Agriculture, or a similar agreement has been executed with the Village.

      10.   Consultation: In all undeveloped areas, the SFES project owner/operator will be required to complete a consultation with the Illinois Department of Natural Resources (IDNR) through the department's online EcoCat program. The cost of this consultation shall be at the owner/operator's expense. The final certificate from the EcoCat shall be provided to the Village of Germantown Hills before a permit will be issued.

      11.   Variance: If any of the specifications described in subsections C1, C2, and C3 of this section cannot be met, a variance must be applied for and obtained prior to installation.

   D.   Certification:

      1.   Applicable Industry Standards: SFESs shall conform to applicable industry standards, including those from the UL and Federal Aviation Administration (FAA).

      2.   Applicable Codes: All applicable Village, State, and national Construction and Electric Codes and regulations shall be followed.

      3.   Stormwater And NPDES: Solar farms are subject to the Village's stormwater management, erosion, and sediment control provisions and NPDES permit requirements.

   E.   Safety: All SFESs shall provide the following at all locked entrances:

      1.   A visible "High Voltage" warning sign;

      2.   Name(s) and phone number(s) for the electric utility provider;

      3.   Name(s) and phone number(s) for the site operator;

      4.   The facility's 911 address, GPS coordinates;

      5.   A knox box with keys; and,

      6.   Company shall become a member of the Illinois State-Wide One- Call Notice System (otherwise known as the Joint Utility Locating Information for Excavators or (JULIE)) and provide JULIE with all of the information necessary to update its records as soon as JULIE allows such membership and provide the Village with proof of membership.

   F.   Petition: The petition for a special use permit for a Solar Farm Energy System shall include:

      1.   A written summary of the project including a general description of the project, including its approximate generating capacity.

      2.   The name(s), address(es), and phone number(s) of the owner and/or SFES operator.

      3.   The site plans required to be submitted with the building permit application, as described in subsection M of this section.

      4.   All other information contained in this chapter as may be required to file a petition.

   G.   Decommissioning Plan: Prior to applying for a building permit, the SFES project owner/operator shall submit a decommissioning plan to the Village of Germantown Hills Zoning Officer. The Zoning Officer shall review the plan for completeness and refer it to the Germantown Hills Zoning Board of Appeals, or any successor committee(s) designated to oversee zoning issues. The plan shall include:

      1.   A description of the plan to remove the SFES equipment and restore the land to its previous use upon the end of the project's life;

      2.   Provisions for the removal of structures, debris, and associated equipment on the surface and to a level of not less than five feet (5') below the surface, and the sequence in which removal is expected to occur;

      3.   Provisions for the restoration of the soil and vegetation;

      4.   An estimate of the decommissioning costs certified by an independent professional engineer, approved by the Village, in current dollars. The engineer providing this estimate shall be engaged under contract by the Village of Germantown Hills and all costs associated with this engagement shall be borne by the applicant;

      5.   No consideration of the scrap value shall be included in the decommissioning costs;

      6.   A written financial plan approved to ensure that funds will be available for decommissioning and land restoration;

      7.   A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns, or heirs;

      8.   Upon review of the decommissioning plan, the Village of Germantown Hills Board shall set an amount to be held in surety bond in the amount of one hundred ten percent (110%) of the estimated cost. The plan shall state that the Village of Germantown Hills shall have access to the project and to the funds to effect or complete decommissioning one year after cessation of operations.

   H.   Reimbursement For Village Expenses: If during the term of the special use and decommissioning period for the project, the Village, in its reasonable discretion retains outside engineers, consultants, contractors, attorneys or other parties, in order for the Village to enforce, determine compliance or obtain compliance with applicable laws, ordinances, regulations, and these conditions, SFES project owner/operator shall promptly reimburse the Village for all such expenses.

   I.   Litigation: Any legal action shall be brought only in the Circuit Court of the State of Illinois in Woodford County and the owner/operator further accepts for itself, himself or herself and in respect of its, his or her property, generally and unconditionally, the exclusive jurisdiction of that court with respect to any such legal action and irrevocably waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens, which it, he or she may now or hereafter have to the bringing of any such legal action in that jurisdiction and venue.

   J.   Road Agreements: The SFES project owner/operator shall comply with all the provisions of the road usage agreement entered into between the SFES project owner/operator and the Village of Germantown Hills. The SFES project owner/operator shall also comply with any road usage agreement entered into between the SFES project owner/operator and any other governmental entity. Any material breach of any such road usage agreements by the SFES project owner/operator shall constitute a material breach of these conditions.

   K.   Maintenance: SFES project owner/operator shall operate the project in a safe, well maintained, attractive, and continuous manner, making all necessary repairs in a timely fashion, including, without limitation, the vegetation on the entire project site.

   L.   Signage: In addition to the safety signs required, only one sign, not to exceed thirty two (32) square feet, identifying the SFES project owner/operator may be erected on the perimeter fence.

   M.   Building Permit: Before a building permit is issued, the following shall be submitted to the Village of Germantown Hills Zoning Officer for review:

      1.   Existing Conditions: A site plan with existing conditions showing the following:

         a.   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 use of those properties.

         b.   The front, side and rear yard setbacks shall be a minimum of fifty feet (50') from the property lines which form the outside perimeter of a SFES project area and solar panels will be kept at least five hundred feet (500') from the property line of a residential parcel that is not part of the parcel on which the facility is located.

         c.   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.

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

         e.   Existing buildings and impervious surfaces.

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

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

         h.   Any delineated wetland boundaries.

         i.   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.

         j.   Surface water drainage patterns.

         k.   The location of any subsurface drainage tiles.

         l.   Location and spacing of the solar collector.

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

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

      2.   Proposed Conditions: A site plan with proposed conditions showing the following:

         a.   Location, height, and spacing of the solar panels.

         b.   Location of access roads.

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

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

         e.   Compliance with all of the requirements herein for SFES.

      3.   Emergency Plan: The site emergency plan shall be submitted to the local fire protection district(s) and/or department(s) whose jurisdiction is included in whole or in part within the SFES project area. Specialized training shall be provided at the operator's expense for all Village, County, Fire Protection District, and other applicable jurisdictions first responders' biennially. All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this chapter, shall be submitted to the Village.

      4.   Decommissioning Plan: The Decommissioning Plan required herein.

      5.   Surety Bond: The surety bond approved by the Village Board. (Ord. 814, 2-21-2019)

   A.   The applicant, owner, and/or operator of the SFES project shall defend, indemnify, and hold harmless the Village of Germantown Hills and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including attorney's fees, without limitation, arising out of acts or omissions of the applicant, owner, and/or operator associated with the construction and/or operation of the SFES project.

   B.   The applicant, owner, and/or operator of the SFES project shall maintain a current general liability policy covering bodily injury and property damage with limits of at least two million dollars ($2,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate. Evidence of liability coverage must be reported to the Village of Germantown Hills on an annual basis, and any loss of coverage must be reported within three (3) working days of loss. Failure to maintain coverage shall be considered a cessation of operations. (Ord. 814, 2-21-2019)

If any SFES provided for in this chapter has not been in operation and producing electricity for at least one hundred eighty (180) consecutive days, it shall be removed. The Village of Germantown Hills Zoning Officer shall notify the owner to remove the system. Within thirty (30) days, the owner shall either submit evidence showing that the system has been operating and producing electricity or remove it. If the owner fails to or refuses to remove the solar energy system, the Village may pursue all applicable remedies, including without limitation those described in section 9-16-7 of this chapter and exercising its rights in the Decommissioning Plan, including using the surety bond proceeds. (Ord. 814, 2-21-2019)

A failure to obtain applicable building permit(s) for the construction of a solar energy system or failure to comply with the requirements of a building permit or the provisions of this chapter shall be deemed a violation of this chapter. The Village may bring an action to enforce compliance of the requirements of this chapter by filing an action in the Circuit Court for an injunction requiring conformance with this chapter or seek such other order as the court deems necessary to secure compliance with this chapter.

In addition, any person who violates this chapter shall be fined not less than twenty five dollars ($25.00) or more than five hundred dollars ($500.00). A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.

Nothing herein shall prevent the Village from seeking such other legal remedies available to prevent or remedy any violations of this chapter. (Ord. 814, 2-21-2019)

All solar energy systems shall require a permit from the Village Zoning Administrator and shall comply with any other applicable provisions of this Code, State law, or Federal law. In addition to all required documents, a twenty five dollar ($25.00) permit fee shall be paid to the Village at the time of issuance. If additional inspections or costs are necessary, there will be a fee assessed to reimburse the Village. (Ord. 814, 2-21-2019)

Any system existing at the time of the adoption of this chapter that does not conform to the requirements of this chapter shall be considered a nonconforming structure, and shall be subject to the regulations pertaining to nonconforming structures in this title. (Ord. 814, 2-21-2019)

The Village Zoning Administrator shall enforce the provisions of this chapter through inspections on such schedule as he/she deems appropriate. The Village Zoning 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, firm 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 penalties provisions in section 9-16-7 of this chapter. (Ord. 814, 2-21-2019)