1.

The purpose of this section is to ensure that solar collectors, whether accessory to principal uses, or integrated with principal uses, are compatible in character and appearance with the principal structure and surrounding neighborhood or area of the zoning districts in which they are located. The provisions of this section apply to solar collectors installed or modified after the effective date hereof. Solar collectors are permitted as an accessory use to any principal permitted or special use subject to the following development standards.

2.

Definitions.

a.

Solar collector: Any of several devises that absorbs, accumulates and/or transfers solar radiation into usable forms of energy (ground mounted or on a principal use/structure) and includes, but is not limited to, a solar furnace, radiator, panel, reflector, and/or photovoltaic and any required components (e.g. tubes, panels, base, pumps, heat exchanger, mounts, foundations, wiring, etc.) used in the system.

b.

Solar farm: a commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, on more than 20 acres for the primary purpose of wholesale sales of generated electricity. A solar farm may only be located in the agricultural district and is the principal land use for the parcel on which it is located.

c.

Solar garden: A commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system. A solar garden may be either an accessory use when a part of an existing or a proposed subdivision or a special use if it is a stand-along garden. Solar gardens occupy less than 20 acres and may be located in any district except residential.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

All such devices shall have the following characteristics:

1.

Not be plastic or other non-UV stable material;

2.

Include frames, where applicable, of anodized aluminum or painted steel; and

3.

Where devices are encased with glass, the glass shall be non-reflective tempered glass.

4.

Shall meet standards promulgated by any one of the following: The International Electrotechnical Commission (IEC), the Institute of Electrical and Electronics Engineers (IEEE), ASTM International (originally known as the American Society for Testing and Materials), International Organization for Standardization (ISO) or Underwriters Laboratories Inc. (UL).

5.

Building permit. All solar collectors require an approved building permit:

a.

In order to receive a permit, all solar collectors must be installed in accordance with all applicable building, electrical and/or plumbing ordinances by an Illinois Commerce Commission Certified Company.

b.

Prior to permit issuance, the owner shall sign an acknowledgement that said owner will be responsible for any and all enforcement costs and remediation costs resulting from any violations of this ordinance. These costs could include, but are not limited to, removal of system, property restoration necessary upon removal of the system, village legal expenses and hearing costs associated with violations of this ordinance.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

1.

Solar collectors are permitted in all zoning districts on any side of the structure.

2.

Solar collectors and support structures must by monochromatic, neutral nonreflective color and shall match the color of the roof material upon which they are being mounted.

3.

Multiple solar collector panels shall be uniform and match each other.

4.

Units must be set back at least one foot from the roof edge.

5.

All conduit and support structures shall be painted the same color as the roof material upon which the solar collectors are mounted.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

Solar collectors shall be subject to the following height requirements for roof mounted applications:

1.

Solar collectors may not exceed the maximum building height requirements for the district in which they are located;

2.

Solar collectors located on sloped roof buildings may extend no higher than the roof ridge; and

3.

Solar collectors located on flat roofed buildings may extend no higher than five feet above the plain of the roof and may extend no higher than ten feet above the roof height for commercial applications and five feet for residential applications.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

Solar collectors integrated into the structure or building cladding shall be subject to the bulk requirements of the zoning district in which they are located.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

Solar collectors mounted on the ground shall not:

1.

Be more than ten feet high when oriented at maximum tilt;

2.

Have a footprint (as determined by a horizontal plane at the ground generated by extending all parts of the structure vertically down) greater than 25 percent of the principal building footprint; or

3.

Be located in front- or street-facing yards or side yards[; or]

4.

Be less than ten feet from all property lines.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

Solar collectors mounted to accessory structures shall comply with exterior roof mounted and height requirements for accessory structures.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

Solar collectors which meet the minimum standards and maximum size limits as determined by this section shall not be counted in lot coverage or impervious surface area.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

Solar farms and solar gardens may only be located and permitted in an agricultural or industrial district when authorized and approved as a special use by the village board after a public hearing and recommendation by the planning commission.

1.

Height: Ground or pole mounted solar energy systems shall not exceed ten feet in height as measured when the system is oriented at its maximum tilt.

2.

Borders: Solar collectors may not be placed closer than 10 feet to any lot line.

3.

Parking: An off-street parking area must be provided and does not need to be paved.

4.

Signage: An identification sign shall be posted at the entrance(s) to the site with the name and phone number of the operator.

5.

Connections: Power and communication lines running between banks of solar collectors or interconnections with buildings shall be buried underground.

6.

Batteries: If the solar farm or solar garden consists of batteries or storage of batteries, adequate design must be provided to ensure all local, state and federal requirements regulating outdoor battery storage have been met.

7.

Ground cover: The site of a ground mounted solar farm or solar garden energy system shall be improved and maintained with a native perennial vegetative ground cover over the entire property including under and around solar panels.

8.

Other standards and codes: All solar farms and solar gardens shall be in compliance with all applicable local, state and federal regulatory codes.

9.

Site plan: A detailed site plan must be submitted showing location of all solar panels, other structures, property lines, easements and any other characteristics requested by the village board.

10.

Decommissioning:

a.

A decommissioning plan shall be submitted when applying for a solar farm or solar garden special use permit to ensure that all facilities, foundations, wires, fencing and all equipment are properly removed and restoration of the land occurs when the solar farm or solar garden ceases operation.

b.

The village board may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure the proper decommissioning.

c.

In the event that the State of Illinois enacts a law with regards to the decommissioning of a solar farm or solar garden, the strictest requirements shall prevail.

d.

The owner or operator of the solar farm or solar garden shall notify the village board within 30 days of the solar farm or solar garden stops being operational.

e.

The owner or operator will have six months to complete the decommissioning plan after operation of the solar farm or solar garden ceases to be operational.

f.

The owner or operator of the solar farm or solar garden shall remove all facilities, foundations, wires, fencing, and all equipment according to the decommissioning plan when the solar farm or solar garden ceases operation.

(Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)

1.

Abandonment. All abandoned or unused solar collectors shall be deemed a nuisance after one month of the cessation of operations unless an extension is approved by the village board. The village may act to abate such nuisance and require its removal at the property owner's expense and may elect to remove the equipment itself and may thereafter lien the property in accordance with Illinois law. After the solar collector is removed, the owner of the property shall restore the site to its original condition, or to an approved improved condition within 30 days of removal.

2.

Violation. It is unlawful for any person to construct, install or operate a solar collector that is not in compliance with this ordinance. It is unlawful for a person to disobey; fail, neglect, or refuse to comply with; or otherwise resist an order issued pursuant to this ordinance. All repairs must be completed within 30 days of a notice from the village. If the village determines that a solar collector constitutes a hazardous condition, the village may demand entry and shut down said system. If entry is refused, the village may apply for a warrant to enter said property in a court of competent jurisdiction. A separate offense is deemed committed on each day that a violation occurs or continues.

3.

Enforcement. As a condition of issuance of this permit, the village staff may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether there is any violation of this ordinance or whether the conditions stated in the permit have been met. The village staff may issue a citation for any violation of this ordinance. Nothing in this section may be construed to prevent the Village of Hinckley from using any other lawful means to enforce this ordinance.

4.

Any solar system applicant, owner, or operator, whether individual or commercial, shall defend, indemnify, and hold harmless the village and its officials, employees, and agents (collectively and individually) for and against any and all claims, demands, losses, suits, causes of actions, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees, except to the extent arising in whole or part out of negligence or intentional acts of each indemnified party.

(Ord. No. 2011-03, § 1, 3-21-2011; Ord. No. 2022-05, § 1(Exh. A), 7-11-2022)