(a)

Substantial portions of the Village of Godfrey have historically been devoted to agricultural use and will continue in such use in the future. The agricultural district designation in the Village of Godfrey consists of those areas of the village where such agricultural activities have occurred historically and where soil, water, vegetation and topographical resources generally provide conditions well suited to the raising of field crops and domestic animals and reflects those areas where agricultural land uses have traditionally existed.

(b)

The agricultural district is designed to prevent the intrusion of nonagricultural land use and development which would be incompatible with agricultural pursuits or which would hinder agricultural pursuits by reason of congestion on public roads, chemical and biological pollution of air and water resources, soil erosion, and the depletion of national cover which could result in excessive runoff of stormwater onto and across agricultural land.

(c) The agricultural district is designed to protect and preserve areas of high agricultural productivity and is intended to preserve conditions suitable to agricultural pursuits while at the same time recognizing that nonagricultural development is likely to occur in certain portions of the village which had such historic and traditional agricultural uses.

(Ord. No. 07-2009, 3-3-2009)

Agricultural farm. For purposes of this Ordinance, an agricultural farm shall be an area of land in a single parcel used entirely for agricultural pursuits as defined in the term agricultural use.

Agricultural pollution. The liquid, gaseous and solid waste from all types of farming, including runoff from pesticides, fertilizers and feed lots, erosion and dust from plowing, animal manure and carcasses and crop residue and debris.

Agricultural services. Establishments primarily engaged in supplying soil preparation services, crop services, landscaping, horticultural services, veterinary services, and other animal services and farm labor and management services.

Agricultural use. The use of land for agricultural purposes. This includes necessary buildings and structures, including residences occupied by those primarily engaged in the occupation of agriculture on the premises, used for agriculture, including, but not limited to:

(1)

Farming for the production of row crops, grain, hay, vegetables and other farm produce;

(2)

Dairying and other pasturage of livestock;

(3)

Wood lots, tree farms and nurseries;

(4)

Livestock production incident to an ongoing farm operation; and

(5)

Necessary and incident accessory uses for the processing, handling and storage of farm products produced incident to a unitary farm operation, together with necessary farm structures incident to that farming operation.

An agricultural use does not, however, include: (1) commercial feeding facilities, cattle or hog feed lots, hay lots, poultry farms, or ranches not incident to an ongoing unitary farm operation; or (2) other high density animal husbandry uses.

Boarding stable. A structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises and for which the owner of the premises receives compensation.

Breeding farm. An establishment where animals are impregnated, either naturally or by artificial insemination, for the principal purpose of propagating the species of animal being bred.

Commercial feeding facility. A structure or enclosed area used for feeding cattle, hogs or other livestock not otherwise connected with a unitary farming operation where the facility is located.

Dairy. Any premises where three or more dairy animals are kept, milked and maintained; the term dairy animal meaning either cows or goats.

Farm animal. Farm animals are those which have historically and traditionally been bred, reared and utilized for the production of meat, wool, leather, milk, eggs and similar products. This definition is inclusive of all farm animals, fowl, reptiles and fish, such as horses, cattle, rabbits, hogs, sheep, geese, chickens, ducks, snakes, catfish and other livestock.

Farm stand. A structure for the display and sale of farm products.

Farm structure. Any building or structure used for agricultural purposes.

Feed lot. A confined area or structure, pen or corral used to fatten livestock prior to final shipment.

Floriculture. The cultivation of ornamental flowering plants.

Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services.

Greenhouse. A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment.

Horticulture. The cultivation of a garden or orchard.

Kennel. A commercial establishment in which dogs or pets are housed, groomed, bred, boarded, trained or sold, all for a fee or compensation.

Nursery. Land or greenhouses used to raise flowers, shrubs and plants for sale. See Greenhouse.

Rural home occupations.

(a)

Rural home occupations shall include those home occupations specified under the nonrural home occupation category in section 60.501, as well as an accessory use to a customary agricultural operation or to a nonagricultural household located in a rural area designed for gainful employment involving the sale of goods and services conducted either from the dwelling on the premises and/or from accessory buildings located on the same parcel as the dwelling unit occupied by the family conducting the rural home occupation or by the family conducting the farming operation with which the home occupation is associated.

(b)

Such rural home occupations may include, but are not limited to, mechanical and welding repair operations, provided that same are conducted in a safe manner and within a scope which is compatible with the district.

(c)

A rural home occupation shall meet the following minimal requirements:

(1)

Any rural home occupation shall be supplementary to the principal use of the land and structures thereon.

(2)

If the land upon which the rural home occupation is conducted is rezoned, the rezoned area shall meet the new district regulations, and any home occupation shall be considered a nonconforming use until such requirements are met.

(3)

Signage shall be limited to that permitted by the Village of Godfrey Signage Ordinance.

Note: See other general definitions contained in section 60.112. Other definitions pertaining to the agricultural district may be set out in other portions of this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

(a)

District size. The minimum district size for the agricultural district shall be 40 acres in size.

(b)

Compatibility with other uses. It is recognized that the village has certain transitional areas in which nonagricultural development has occurred adjacent to agricultural uses and which will continue to occur in the future. It is the purpose of this Ordinance to achieve compatibility between existing and traditional agricultural operations and such other uses. To that end, the provisions of the Farm Nuisance Suit Act, 740 ILCS 70/0.01, and the policies and provisions contained in such statute are hereby incorporated herein by reference. Specifically, no farm or any of its appurtenances shall be or become a private or public nuisance because of any changed conditions in the surrounding area occurring after a farm has been in operation for more than one year when such farm was not a nuisance at the time it began operation. These provisions shall not apply, however, whenever a nuisance results from the negligent or improper operation of any farm or its appurtenances or the creation of any agricultural pollution in violation of any other state or federal statute, rule or regulation.

(c)

Setback lines. No structure shall be erected within 50 feet of any public roadway, right-of-way line or any property boundary line.

(d)

Agricultural fencing. Fencing may be used in the agricultural district for traditional agricultural fencing purposes and such fencing may include the use of barbed wire or electrified fencing, provided that same is maintained in a safe condition and in good repair at all times. Fencing which is used in conjunction with a single-family residence in an agricultural district shall conform to the requirements for fencing in the single-family residential district requirements set out in section 60.207 et seq. Fencing which is utilized for a nonagricultural purpose, whether a permitted use or a special use shall comply with the requirements for fencing in nonagricultural districts as set out in section 60.207 et seq.

(e)

Height. The height of any structure, whether an accessory structure or principal structure, shall be not more than 40 feet, unless a greater height is authorized by the planning and zoning commission. Such height limitations shall not apply, however, to chimneys, water tanks, silos, parapet walls, antennas or other necessary mechanical appurtenances which are usually and typically carried above the roof level and structures of a similar nature or which are approved under other provision of this Ordinance.

(f)

Parking. Application may be made by the owner or possessor of a zoning lot engaging in such activity for a special use to waive or relax the application of section 60.201 in particular circumstances if it is shown that the strict application of section 60.201 is unnecessary or unduly burdensome.

(g)

Limitations on use. The following limitations on uses shall apply in the agricultural district:

(1)

Additional or different agricultural uses shall not be permitted on tracts of land less than five acres in size.

(2)

Tracts of land which are in an agriculturally zoned district from and after the effective date of this Ordinance and which are devoted to residential purposes shall be at least two acres in size, unless such tracts are part of a rural large lot single-family residential subdivision under Ordinance No. 07-93, or at least two acres if part of a minor subdivision.

(3)

Tracts of land in an agriculturally zoned district which are equal to or exceed five acres in size may engage in all allowed agricultural uses.

(h)

Residential usage standards. From and after the effective date of this Ordinance, the following standards shall apply to dwellings located in agricultural districts:

(1)

Lot size for dwelling.

(A)

One single-family detached dwelling may be situated as a permitted use on any contiguous agriculturally zoned tract under single ownership of at least five acres in size. One additional single-family detached dwelling may be located as a permitted use for each additional 40 acres within the same described tract under the same ownership.

(B)

A tract or lot of record under a single ownership in an agriculturally zoned district on the effective date of this Ordinance which contains at least two acres, but less than five acres, may be used as a site for one single-family detached dwelling, subject to the provisions of subsection 60.402(g)(2), above.

(C)

Any contiguous agricultural tract under a single ownership on the effective date of this Ordinance may be subdivided one time for the purpose of erecting a single-family detached dwelling thereon without rezoning to a residential classification, provided that such subdivision of the tract or lot is in conformance with the provisions of Ordinance No. 07-93 and any applicable provisions of state law and that the resulting tracts are each at least two acres in size.

(D)

Additional single-family detached dwellings exceeding the number permitted by the foregoing provisions may only be located on a tract by the rezoning of the tract to a residential classification or by compliance with applicable subdivision requirements for a rural large lot single-family subdivision under Ordinance No. 07-93.

(2)

Dwelling size standards. Single-family residences situated in an agricultural district shall have a total floor area of not less than 620 square feet for each such detached dwelling unit, measured from the outside walls, including any utility rooms, but excluding all other areas not used for living or sleeping purposes.

(3)

Setback lines. No single-family residence located in an agricultural district shall be erected within 50 feet of any public roadway, right-of-way line or any other property boundary line.

(4)

Slope. Any circumstance where the slope of any site of proposed construction exceeds 12 percent within 50 feet of any wall of any principal or accessory building or structure, the slope requirements contained in section 60.204 shall be met.

(5)

Parking. Single-family detached dwelling structures located in agricultural districts shall comply with the parking requirements of subsection 60.502(j), provided that paving shall not be required except in large lot rural subdivisions approved under Ordinance No. 07-93.

(6)

Water and sewer. Where public water is available, the single-family detached dwelling structure shall be served by such water service. If there is no public water available to serve the residence, any private water well or system shall conform to all applicable federal, state and local standards for such systems. If public sanitary sewers are available, the residences shall be served by such system. If public sanitary sewers are not available, private sewage disposal systems shall be permitted only where the septic disposal field is at least two acres in size and at least 200 feet wide. Such systems must meet the requirements of section 60.202 for sewage disposal systems.

(7)

Height. Single-family detached dwelling structures in agriculturally zoned districts shall comply with the height requirements of subsection 60.502(g).

(8)

Yard. Single-family detached dwellings in agricultural districts shall maintain a front yard of not less than 50 feet, side yards of not less than 50 feet and a rear yard of not less than 50 feet.

(9)

Fencing. Nonagricultural fencing installed in conjunction with a single-family residential detached dwelling in an agriculturally zoned district shall comply with the requirements of fencing in a residential district as set forth in section 60.207. Traditional agricultural fencing shall be permitted, although, concertina wire or similar types of fencing are not permitted. Fences maybe installed in the front yard only with the approval of the zoning administrator upon written application.

(Ord. No. 07-2009, 3-3-2009)

The uses identified below shall be permitted within the agricultural zoning district of the Village of Godfrey:

(a)

Agricultural uses as defined above, together with accessory buildings and structures and the operation of machinery or vehicles in connection with such uses. This permitted use shall include traditional field crop production and traditional livestock production incidental to a farming operation. It does not include high density animal husbandry uses such as commercial feeding facilities.

(b)

Agricultural services as defined herein, subject to the provision of adequate safeguards, structural, mechanical and locational features which will protect adjacent properties from the effects of noisome or injurious substances, conditions and operations incident to such services.

(c)

Boarding stable, as defined herein.

(d)

Earth terminal antenna or earth terminal. See section 60.218.

(e)

Farm stands, as defined herein.

(f)

Forestry, as defined herein.

(g)

Greenhouses/nurseries, as defined herein.

(h)

Horticultural specialties, as defined herein.

(i)

Kennels.

(j)

Outdoor recreational facilities, including, but not limited to, golf courses, golf driving ranges, campgrounds, recreational vehicle parks, shooting and trap ranges and other facilities which are not otherwise classified for and which are for other use of persons other than occupants and nonpaying guests of occupants of the premises.

(k)

Parks and similar public uses.

(l)

Pipelines and similar underground transportation facilities.

(m)

Public utility facilities, including substations, transmission facilities, filtration plants, pump stations, water reservoirs and other similar governmental or public utility type facilities. See section 60.217.

(n)

Rural home occupations as defined herein.

(o)

Single-family residences subject to the requirements of subsections 60.402(g) and (h).

(p)

Keeping of horses or ponies with related buildings for housing such animals and their supplies, along with appropriate fencing, for private purposes only, including nonagricultural, and not for rent or hire on a zoning lot whose principal use is intended to be a one-family dwelling on the condition that at least five acres is allocated for each such animal, and that all buildings for housing such animals shall be subject to the requirements for accessory buildings and further, that no building used for housing such animals shall be located within 50 feet from the nearest lot line.

(Ord. No. 07-2009, 3-3-2009)

The following uses shall be considered special uses within an agricultural district, and a special use permit must be obtained under the procedures of this Ordinance in order for such usage to be conducted on any premises or zoning lot within this district. Special uses with this district shall, generally, be those which are outside the traditional scope of the uses permitted within this district, but which are compatible with such traditional district uses when conducted subject to conditions provided by this Ordinance, and as required by the planning and zoning commission upon application for a special use permit. All actions, rulings and recommendations of the planning and zoning commission must be approved by the Godfrey Village Board of Trustees under section 60.903 of the Godfrey Village Code. Related accessory uses may also be considered as part of the special use permit.

(a)

All those uses that are permitted in district B-1, B-2, B-4, B-5, M-1 and M-2 together with any and all accessory uses permitted within such district.

(b)

Manufactured and modular homes.

(c)

Adult-use cannabis cultivation centers.

(d)

Adult-use cannabis craft growers.

(e)

Short-term rentals as that term is defined at section 60.501.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 02-2012, 2-7-2012; Ord. No. 06-2013, 4-16-2013; Ord. No. 10-2020, § 3, 6-2-2020; Ord. No. 44-2023, § 10, 12-5-2023)

Section 60.404.1. [Solar farms.]

Purpose. The purpose of this section is to provide regulations for the permitting of solar farms as a special use within the agricultural zoning district "A". This section provides for the preservation, protection of natural resources such as forests, tributaries, and habitat while also providing restrictions for the development to aid in the quality of life for the adjacent property owners and general aesthetic qualities for the village while preventing detriment to the public health, safety and welfare of the village as a whole.

A.

Definitions.

Large solar energy system. Energy generated from multiple solar panels over a large parcel in which this would be the primary land use. Poles and racks of multiple solar panels would be used that would generate direct current (DC) rated capacity greater than 100 kilowatts.

Solar array. A number of photovoltaic modules or panels connected together to provide a single electrical output.

Solar collector total height. The height of the solar collector system from grade to the highest point of the system that may be achieved when in operation.

Tracking solar array. A solar array that follows the path of the sun to optimize the amount of solar radiation received by the device.

Applications.

A.

Content of the solar farm application. Every solar farm application shall include the following information and documentation:

1.

Host agreement. An executed host agreement must be appended to, and included as part of, any solar farm special use application filed with the village.

2.

Applicant information. The applicant shall describe itself, its legal standing as to whether it is a corporation, limited liability company, individual, or other legal entity and shall identify its officers and directors, shareholders, and members. It shall also identify its parent and subsidiary companies. The same information shall be provided for all owners and operators of the solar farm system. In addition, the applicant shall identify the property owners that have entered into leases or agreements with the applicant and proof must be included that the applicant has the legal authority to bring this application in the name of such property owners.

3.

Project description. The applicant shall provide a general description of the project, including its total generating capacity; the equipment manufacturer, the type and model of solar collectors proposed, the number of solar collectors, the nameplate generating capacity of each solar collector, the proposed height of each solar collector and overall dimensions thereof.

4.

Site plan.

a.

All proposed setback dimensions.

b.

All proposed structures on the property, including, but not limited to, solar collectors, substations, and service roads.

c.

Topographic site information for the subject property and the adjacent properties within a quarter mile of the property line of the subject property indicating contours in five foot intervals.

d.

Existing structures on subject property and properties within a quarter mile of the property.

e.

All existing and proposed underground and aboveground utilities.

f.

All rights of way, wetlands, wooded areas, and public conservation lands.

g.

Ingress and egress from the site as proposed during construction and thereafter, which indicates:

(1)

Proposed road surface and cover.

(2)

Dust control.

(3)

Width and length of access route and location of ingress.

(4)

Road maintenance progress or schedule for proposed use of land.

h.

Certified easements, contracts, waivers, and option agreements for proposed use of the land.

i.

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

j.

Fire protection plan for the construction and the operation of the facility, and emergency access to the site.

k.

Revegetation or reclamation plan of the areas that will be disturbed.

l.

Drainage plan and erosion control plan.

m.

Description of hours of operation for construction and maintenance of the facility, number of employees and type of traffic expected to be generated from the site.

n.

Public road routes.

B.

Design and installation requirements.

1.

Height. The total height of the solar collectors shall not exceed 20 feet in height when oriented at a maximum tilt position.

2.

Setbacks.

a.

Yard setback requirements: The setback for the rear, front and side of the solar array and components of the solar collector system shall conform to the requirements of a structure for the zoning district in which the solar farm is located.

b.

Public and private roads: Components of the solar collector system shall be located such that they are 150 feet from public and private roads.

c.

High water mark: High water mark of navigable waterways/public parks/public conservation lands: 150 feet .

d.

Waiver: Any waiver of any setback requirement shall only be considered an effective compliance with this subsection if said waiver runs with the land and is recorded as part of the chain of title and the deed of the subject property.

3.

Electrical components: All electrical components of a solar farm shall conform to all applicable local utility standards and national electric codes. All electrical wires and lines that are used in conjunction with the solar farm shall be installed underground.

4.

Environmental impact: The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on the natural environment including wetlands and other fragile ecosystems, historical or cultural sites and antiquities, and adjacent agricultural uses such as rotating crops. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any effects or concerns that will remain after mitigation efforts. In addition a water usage or impact study shall be completed that will indicate any impact that the solar farm will have on county water resources.

5.

Avian and wildlife impact: The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take the appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.

6.

Warning signage: Signs warning of the high voltage associated with the solar farm shall be posted at every entrance to the facility, at the base of all pad mounted transformers and substations. A sign that provides emergency contact information, such as phone number, shall be posted near the tower and the operations and maintenance building.

7.

Landscaping: Applicant shall minimize the disruption of natural environment, retain existing vegetation and native plant species to the maximum extent feasible and replant with native vegetation if existing vegetation is disturbed during construction. Landscaping shall be used as part of screening from adjacent properties or public view.

8.

Federal and state requirement compliance: The solar collecting system shall meet or exceed any standards and regulations of any agency of the state or federal government with the authority to regulate solar farms.

9.

Power lines: All electrical control wiring and power lines shall be wireless or not above ground except where wind farm collector wiring is brought together for connection to the transmission or distribution network, adjacent to that network.

10.

Access roads: The applicant shall minimize the number and width of access roads, minimize cut and fill on sloping terrain and use natural terrain where feasible for these access points.

11.

Roads: All routes on either county or village roads 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 Village of Godfrey Street Director. The developer shall provide and complete a preconstruction baseline survey to determine existing road conditions for assessing potential future damage due to development related traffic. The developer applicant 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 applicant shall provide a letter of credit or a surety bond in an amount and form approved by the highway/roadway official(s).

12.

Property value protection plan: The developer shall provide within the application a plan to protect the property values of any nonparticipating real property owner within two miles of the boundaries of the solar farm.

13.

Complaint resolution: The applicant shall develop a process to resolve any complaints that may arise from neighboring property owners during the construction and operation of the solar farm. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint that is received. The process shall not preclude the local government from acting on a complaint. The applicant shall provide to the nearby residents a phone number of the project manager during the construction of the facility if a problem should arise.

14.

Waste disposal: All solid waste generated from supplies, equipment, parts, packaging or operation of the facility shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste that is generated by the facility, including, but not limited to, lubricating materials, shall be removed consistent with all local, state and federal rules and regulations.

15.

Drainage: The plan shall state that any damage to waterways, drainage ditches, field tiles or any other infrastructures caused by the construction or maintenance of the solar farm shall be completely repaired to near original condition and so as not to impede the natural flow of water. All repairs shall be completed within a reasonable amount of time. The solar farm owner is to notify the village engineer that the construction of any part of the project encounters any underground field drainage tiles. A plan sufficient to provide remediation shall be submitted reviewed and subject to the approval of the village engineer. All existing drainage tiles that will be crossed by private access roads shall be removed and replaced with load resistant tiles as specified by the village engineer. This shall be done before the private access roads are used for construction purposes. The load resistant tiles shall extend a minimum of 30 feet across the private access roads and shall be of the same diameter of the existing tiles. To ensure that all drainage tiles are located, reasonable measures shall be made to locate all existing tiles in the vicinity of the private access roads by exploratory trench or other appropriate methods. All drainage tiles that are encountered during construction shall be noted on the site plan. Financial assurances in the form of cash or an escrow account, surety bond or a letter of credit in a form and amount acceptable to the village engineer shall be posted to assure compliance with this section.

16.

Conformance to code standards/engineer certification: The solar farm shall comply with all applicable state and village codes for the electrical, mechanical and structural components of the facility. All documents provided for review shall be stamped and signed by a professional engineer. All solar collection system panels shall be certified by the Solar Collector and Certification Corporation (SRCC).

17.

Operation and maintenance: Each applicant or successor in interest shall have the facility inspected annually by third party qualified solar power professionals at their own expense. The third party qualified solar power professional shall be subject to the approval of the village building and zoning department. Within 15 days of the inspection a copy of all reports shall be provided to the village building and zoning department. The solar farm shall not operate unless a certificate is provided to the Village of Godfrey Clerks Office indicating that the annual maintenance has been completed and the facility is in good working condition. Failure to provide this annual certification may cause the revocation of the special use as issued by Village of Godfrey.

18.

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

19.

Reflective coating: Solar energy system components shall be designed with an antireflective coating. Verification shall be provided that verifies that the components of the solar energy system have this quality.

20.

Lot area: Solar farms and components thereof shall be located on a parcel that is a minimum of 40 acres in size. The lot or parcel shall have a minimum width of 600 feet.

21.

Vegetation control: A vegetation and weed control plan shall be provided that protects against the creation of a prey habitat and/or aesthetic impacts to the surrounding area.

22.

Anti-perching protection: Anti-perching protection devices shall be used to prevent negative environmental impacts.

23.

Cleaning supplies and solvents: Cleaning chemicals and solvents used during the operation or maintenance of the solar farm facility shall consist of biodegradable products and shall be low in volatile organic compounds.

24.

Reflection angles: Reflection angles for solar collectors shall be oriented such that they do not direct glare toward residential users on adjacent properties.

C.

Decommissioning or abandonment of the solar farm. Prior to receiving a special use of the solar farm, the operator/owner shall provide for a decommissioning plan for the anticipated service life of the facility or in the event that the facility is abandoned or has reached its life expectancy. If the solar farm is out of service or not producing electrical energy for a period of nine months, it will be deemed nonoperational and decommissioning and removal of that facility will need to commence according to the decommissioning plan provided and approved. The decommissioning plan shall have the following information provided:

1.

Removal of the following within nine months:

a.

All solar collectors and components, aboveground improvements and outside storage.

b.

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

c.

Hazardous material from the property and dispose of in accordance with federal and state law.

d.

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. The decommissioning cost estimate shall explicitly detail the cost before considering any projected salvage value of the out of service solar farm. The decommissioning cost shall be secured by cash, surety bond or irrevocable letter of credit before any construction commences.

D.

[Restoration plan.] A restoration plan shall be provided for the site.

E.

Liability insurance. The owner or operator of the solar farm shall maintain a current general liability policy covering bodily injury and property damage and name Village of Godfrey as an additional insured with limits of at least $2,000,000.00 per occurrence and $5,000,000.00 in the aggregate with a deductible of no more than $5,000.00.

F.

Administration and enforcement. The zoning officer shall enforce the provisions of this section through an inspection of the solar farm every year. The zoning officer is hereby granted the power and authority to enter upon the premises of the solar farm at any time by coordinating a reasonable time with the operator/owner of the facility. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this section shall, upon conviction, be fined not less than $25.00 nor more than $500.00 for each offense. Each tower, nacelle, or any other component of the solar farm shall be the subject of a separate violation and further each week that a violation is permitted to exist shall constitute a separate offense. Other actions, including but not limited to injunctive relief, may be taken by law or in equity to prevent or to remedy any violation of this section and these remedies shall be in addition to any other remedies, damages or penalties

(Ord. No. 07-2020, § 1, 6-2-2020)

Accessory uses within the agricultural district must be clearly associated with and supplementary to the principal use of the lot or tract of land upon which they are located. All such accessory uses must meet the standards set forth below.

(Ord. No. 07-2009, 3-3-2009)

Accessory structure. A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.

Accessory use. A use of land or of a building or portion thereof which is clearly and customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use.

(Ord. No. 07-2009, 3-3-2009)

In the agricultural district, accessory uses are of two types: Agricultural accessory uses; and single-family residential accessory uses.

(a)

Agricultural accessory uses are those which are clearly incidental to the permitted agricultural usage of the premises.

(b)

Single-family residential accessory uses in the agricultural district shall be those which are set out in section 60.508 and such accessory uses shall meet the requirements of section 60.509.

(Ord. No. 07-2009, 3-3-2009)