A.   Purpose: The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians and land uses in the vicinity of a light source in order to promote traffic safety, maintain security and increase the use of energy efficient sources. It is also the intention of this section to prevent the creation of nuisances resulting from over lighting and poorly shielded or inappropriately directed lighting fixtures.

   B.   Applicability: The requirements of this section apply to all private and commercial exterior lighting within the jurisdiction of this title except for lighting within public rights-of-way and/or lighting located on public property.

   C.   Depiction On Required Site Plan: The applicant for any permit for work involving outdoor lighting fixtures governed by this title or title 11 of this code shall submit, as part of the site plan, evidence that the proposed work will comply with this section. Any and all exterior lighting shall be depicted as to its location, orientation and configuration. The applicant must also provide any additional information the zoning administrator may determine is necessary, including, but not limited to, illumination level profiles.

   D.   Requirements:

      1.   Orientation Of Fixture: In no instance shall an exterior lighting fixture be oriented so that the lighting element (or a transparent shield) is visible from any property located within a residential zoning district, except as noted below:

         a.   The use of shielded luminaries and careful fixture placement is required so as to facilitate compliance with this requirement.

         b.   Use of wall pack lighting (unless shielded) is prohibited.

         c.   Use of bottom-up lighting for the purpose of advertising or building accent illumination is also prohibited.

   E.   Residential Lighting And Fixtures: Outdoor light fixtures attached to residential buildings and located below the eave and one thousand eight hundred (1,800) lumens (equivalent to a one hundred (100) watt incandescent bulb) or less are exempt from the provisions of this section. Total light for under eave illumination will not exceed four thousand seven hundred twenty (4,720) lumens (equivalent to four (4) seventy-five (75) watt incandescent bulbs) per residence. Light fixtures greater than one thousand eight hundred (1,800) lumens are not exempt. Outdoor fixtures above the eave, or attached to buildings or poles separate from the residence are not exempt. Spot or flood lights shall be fully shielded and directed no more than forty five degrees (45°) above straight down.

   F.   Additional Requirements For Industrial And Commercial Lighting:

      1.   All outdoor lighting fixtures, including display lighting, shall be turned off after close of business, unless needed for safety or security, in which case the lighting shall conform to this section.

      2.   Auto/truck filling station island canopy ceiling fixtures shall be fully recessed.

   G.   Agricultural Lighting: Lighting required for actual agricultural pursuits is exempt from this section with the exception of security only lighting, which must conform to this section.

   H.   Recreational Facilities: Any light source permitted in this section may be used for lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, tennis courts, or show areas, provided all of the following conditions are met:

      1.   All fixtures used for the event lighting shall be fully shielded, or be designed, or provided with sharp cutoff capability, so as to minimize up light, spill light and glare.

      2.   All events shall be scheduled so as to complete all activity before or as near to ten thirty o'clock (10:30) P.M. as practical, but under no circumstances shall any illumination of the playing field, court, or track be permitted after eleven o'clock (11:00) P.M. except to conclude a scheduled event that was in progress before eleven o'clock (11:00) P.M. and unforeseen circumstances prevented concluding before eleven o'clock (11:00) P.M.

   I.   Holiday Lighting: Reasonable and typical holiday lighting is exempt from the provisions of this section from the day before Thanksgiving until January 15 of the following year.

   J.   Intensity Of Illumination: In no instance shall the amount of illumination attributable to exterior lighting, as measured at the property line, exceed zero point fifty (0.50) foot-candle above ambient lighting conditions on a cloudless night.

   K.   Location: Light fixtures shall not be located within required buffer yards.

   L.   Flashing, Flickering And Other Distracting Lighting: Flashing, flickering and/or other lighting, which may distract motorists is prohibited.

   M.   Minimum Lighting Standards: All areas designated on required site plans for vehicular parking, loading or circulation and used for any such purpose after sunset shall provide artificial illumination in such areas at a minimum intensity of zero point four (0.4) foot-candle.

   N.   Nonconforming Lighting: All lighting fixtures existing prior to the effective date of this title shall be considered as legal conforming uses, except where that lighting substantially deviates from the purpose and intent set forth in this section and is brought to the attention of the zoning administrator by an aggravated party. In such cases poor lighting may be considered a nuisance and be subject to abatement or other relief under section 4-1-5 of this code.

      When property with preexisting nonconforming lighting is abandoned as determined by the zoning administrator, or there is a change in the use of the property or ownership, this section will apply when the abandonment ceases or the new use or ownership commences.

   O.   Special Events Lighting: Any temporary use using exterior lighting which is not in complete compliance with the requirements of this section shall secure a temporary use permit. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the creation of vibration which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

   B.   Applicability: The requirements of this section apply to all uses and activities which create detectable vibrations except that this section shall not apply to vibrations created during the construction of the principal use on the lot or property.

   C.   Depiction On Required Site Plan: Any activity or equipment, which creates detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the lot or property.

   D.   Requirements: No activity or operation shall cause or create earth borne vibrations in excess of the displacement values given below.

   E.   Method Of Measurement: Measurements shall be made at or beyond the adjacent lot line or the nearest residential district boundary line, as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three (3) mutually perpendicular directions. The maximum permitted displacements shall be determined in each district by the following formula:

      1.   D = K/f, where D = displacement in inches.

      2.   K = a constant to be determined by reference to the tables below.

      3.   f = the frequency of vibration transmitted through the ground, cycles per second.

   F.   Standards In The I-2 General Industrial District: In the general industrial district, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

      On or beyond any adjacent lot line:

 

 

   On or beyond any residential district boundary line:

 

 

G.   Standards In The I-3 Heavy Industrial District: In the heavy industrial district, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

   On or beyond any adjacent lot line:

 

 

   On or beyond any residential district boundary line:

 

 

H.   Standards In The Planned Industrial District: In the planned industrial district, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

   On or beyond any residential district boundary line:

 

 

(Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the creation of noise which adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public. (Ord. 06-05-002, 6-21-2005)

   B.   Applicability: The requirements of this section apply to uses and activities which create detectable noise, except that this section shall not apply to noise created during the construction of the principal use on a lot or property, or by incidental traffic, parking, loading, maintenance or agricultural operations. The requirements of this section shall not apply to any use in an agricultural district, including, without limitation, any special use which has been granted in an agricultural district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 01-06-005, 1-17-2006)

   C.   Requirements: All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness. In no event shall the sound pressure level of noise radiated continuously from a facility exceed at the lot line of the subject property the values given in table A of this section as measured by, at the minimum, a type 2 sound meter that is in compliance with ANSI standard S1.4-1983, where said lot abuts property within any residential, office, commercial district or the planned industrial district. (Ord. 06-05-002, 6-21-2005)

Table A

MAXIMUM PERMITTED NOISE LEVEL AT LOT LINE FOR NOISE RADIATED CONTINUOUSLY1

 

 

(Ord. 01-06-005, 1-17-2006)

Noises that were in effect as of the effective date of this title shall be considered legal nonconforming noises. The burden of proof to demonstrate that said noises were in effect prior to the effective date of this title shall be the responsibility of the noise producer. (Ord. 06-05-002, 6-21-2005)

Table B

ADJUSTMENT FACTORS FOR MAXIMUM NOISE LEVELS

 

(Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the creation of air pollution, which adversely affects adjoining lots or properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

   B.   Applicability: The requirements of this section apply to all land uses and activities, except that this section shall not apply to air pollution created during the construction of the principal use on a lot or property, or by incidental traffic, parking, loading or maintenance operations.

   C.   Standards:

      1.   The emissions from all sources within any lot, of particulate matter containing a particle diameter larger than forty four (44) microns is prohibited.

      2.   Emission of smoke or particulate matter of density equal to, or greater than number two (2) on the Ringelmann chart (U.S. bureau of mines) is prohibited at all times.

      3.   Dust and other types of air pollution borne by the wind from such sources as storage areas, yards and roadways within the boundaries of any lot shall be kept to a minimum by appropriate landscaping, paving, oiling or other acceptable means.

      4.   All applicable state and federal standards and standards relating specifically to extraction. See chapter 16 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the creation of odor which adversely affects adjoining lots or properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

   B.   Applicability: The requirements of this section apply to all land uses and activities, except that this section shall not apply to odors created during the construction of the principal use on a lot or property or by incidental traffic, parking, loading or maintenance operations. Public landfills and public sanitary sewage treatment plans shall be exempted from the requirements of this section as essential public services. Odors ordinarily associated with agricultural uses are also exempt.

   C.   Standards: Except for food preparation and cooking, odors emanating from residential uses and odors associated with property development and maintenance (such as construction, lawn care and the painting and roofing of structures) no odor shall be created for periods exceeding a total of fifteen (15) minutes per any day which are detectable (by a health observer such as the zoning administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property, where said lot abuts property located within any residential, office, commercial district, or the planned industrial district. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the creation of electromagnetic radiation, which adversely affects adjoining lots or properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

   B.   Applicability: The requirements of this section apply to all land uses and activities.

   C.   Standards: It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, hearing, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the then current regulations of the federal communications commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the federal communications commission shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and property design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of an "abnormal degradation in performance" and "of quality and proper design" shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American institute of electrical engineers, the institute of radio engineers and the electronic industries association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: 1) American institute of electrical engineers, 2) institute of radio engineers, and 3) electronic industries association. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the creation of glare or heat which adversely affects adjoining lots or properties in order to prevent the creation of nuisances and to promote the general public welfare.

   B.   Applicability: The requirements of this section apply to all land uses and activities except that this section shall not apply to glare created during the construction of the principal use on the lot or property or by incidental traffic, parking, loading or maintenance operations.

   C.   Standards: No direct or sky reflected glare, whether from floodlights or from temperature processes such as combustion or welding or otherwise, so as to be visible at the lot line of the subject property shall be permitted. Furthermore, there shall be no transmission of heat or heated air so as to be discernible (by a healthy observer such as the zoning administrator or a designee) at the lot line. Solar systems regulated by 30 Illinois Compiled Statutes 725.1/1 et seq., shall be entitled to the protection of its provisions. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the creation of fire and/or explosion hazards, which adversely affects adjoining lots or properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

   B.   Applicability: The requirements of this section apply to all land uses and activities.

   C.   Standards: Any use involving materials, which could decompose by detonation shall locate such materials not less than four hundred feet (400') from any residential, commercial or office district except that this section shall not apply to the storage or usage of liquefied petroleum or natural gas for normal residential or business purposes. All activities and storage of flammable and explosive materials at any point shall be provided with adequate safety and firefighting devices in accordance with all fire prevention codes of the county and state of Illinois. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the handling of toxic or noxious material which adversely affects adjoining lots or properties in order to prevent the creation of nuisances and to promote the general public welfare.

   B.   Applicability: The requirements of this section apply to all land uses and activities.

   C.   Standards:

      1.   No use shall discharge across the boundaries of the subject property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to any property or business.

      2.   No use shall discharge at any point into any public or private sewage disposal system or watercourse or into the ground any liquid or solid materials except in accordance with the regulations of the DNR and EPA. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the handling of waste material which adversely affects adjoining lots or properties in order to prevent the creation of nuisances and to promote the general public welfare.

   B.   Applicability: The requirements of this section apply to all land uses and activities.

   C.   Standards:

      1.   No use shall discharge across the boundaries of any lot or property, or through percolation into the subsoil, toxic or noxious material in such concentration as to be detrimental to, or endanger, the public health, safety, comfort or welfare, or cause injury or damage to any property or business.

      2.   No use shall discharge at any point into any public or private sewage disposal system or watercourse, or into the ground, any liquid or solid materials except in accordance with the regulations of the DNR and EPA. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to regulate the use of certain exterior construction materials so as to attain a degree of uniformity in exterior appearance, and thus maintain and enhance the attractiveness and property value of buildings and structures in specified districts.

   B.   Applicability: The requirements of this section apply to all land uses and activities.

   C.   Standards For All Residential, Commercial And The I-1 Zoning Districts: Except for exposed foundations not to exceed three feet (3') in height from the adjacent grade, all nonsingle-family developments located within the R-3, R-4, TN, C-1, C-2, C-3 and I-1 districts shall employ only "high quality, decorative exterior construction materials" on the visible exterior of the following portions of all buildings and structures:

      1.   Any portion of a building or structure visible from adjacent residentially zoned property;

      2.   Any portion of a building or structure located within fifty feet (50') of a public right of way; or

      3.   Any other portion of a building or structure visible from a public street and/or situated at an angle of sixty degrees (60°) or less, from a line which is parallel to the nearest right of way (for uncurved rights of way), or from a line which is parallel to a chord connecting the right of way boundary on the inside of the curve at points located at, or opposite from, the two (2) outer boundaries of the subject property along the right of way line (for curved rights of way).

      4.   The following exterior construction materials shall not be considered "high quality, decorative exterior construction materials": nondecorative concrete block or cinder block, nondecorative concrete foundation walls or panels, corrugated or other metal with exposed fasteners, nondecorative plywood, asphaltic siding, or other materials using exposed fastener systems or nondecorative surfaces.

   D.   Exceptions: The special use process may be used to propose the use of exterior construction materials otherwise prohibited by subsection C of this section. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: The purpose of this section is to provide information to the county regarding the nature of land uses, which involve research, production, storage, disposal, handling and/or shipment of hazardous materials.

   B.   Applicability: The requirements of this section apply to all land uses and activities involving any one or more of the following:

      1.   Microorganism cultures subject to Illinois statutes;

      2.   Pesticides subject to Illinois statutes;

      3.   Biological products subject to Illinois statutes;

      4.   Hazardous substances subject to Illinois statutes;

      5.   Toxic substances subject to Illinois statutes;

      6.   Infectious agents subject to Illinois statutes;

      7.   Any material for which the state of Illinois requires notification to a local fire department; or

      8.   Any other uses, activities, or materials, which are subject to county, state or federal hazardous or related materials regulations.

   C.   Standards: All land uses involving such hazardous materials shall submit a written description of such materials and the operations involving such materials conducted on their property as part of the required permit application. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

See provisions on file in the county. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Purpose: This section regulating the placement of signal receiving antennas (including roof mounted antennas which are greater than fifteen (15) feet and satellite dishes which are greater than 18 inches) is adopted to:

      1.   Provide uniform regulation of all signal receiving devices;

      2.   Secure placement of such antennas in an aesthetically sensitive manner while allowing users reasonable reception of signals;

      3.   Protect the public from injury from antennas that are inadequately mounted, unduly susceptible to wind pressure, improperly installed and wired, or are placed on structures insufficiently designed or constructed to safely support the antenna; and

      4.   Provide for placement of such antennas in locations that preserve access to rear property areas by firefighting apparatus and emergency personnel.

   B.   Permit Required: No owner, lessee or licensee of property within the county, shall build, construct, use or place any type of signal receiving antenna until a permit shall have first been obtained from the zoning administrator.

   C.   Definitions: For the purposes of this section:

SIGNAL RECEIVING ANTENNA: Any apparatus capable of receiving communications from a transmitter or a transmitter relay located in a planetary orbit. This definition includes all types of signal receiving antennas, including, without limitation, parabolic antennas, home earth stations, satellite television disks, UHF and VHF television antennas, and AM, FM, ham and shortwave radio antennas, regardless of the method of mounting.

   D.   Application: Application for a signal receiving antenna permit shall be made in writing to the zoning administrator. With such application, there shall be submitted a fee and a sufficient set of mounting plans and specifications, including a general plot plan showing the location of the proposed signal receiving antenna with respect to streets, lot lines and buildings, or such other forms as are set out in the "county development manual". If such application meets all requirements of this section, the application shall be approved.

   E.   Installation Standards: Signal receiving antennas installed in any district within the county shall comply with the following provisions:

      1.   Setbacks:

         a.   Any signal receiving antenna and its mounting post shall be located a minimum of ten feet (10') from any lot or property line.

         b.   Subject to the provisions herein, signal receiving antennas shall only be located in the rear yard of any lot. If reasonable reception of signals is not possible with rear yard placement due to the physical characteristics of the lot and area, the signal receiving antenna shall be placed in the side yard of the lot. In the event that reasonable reception of signals is not possible by locating the signal receiving antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of structures on the property. For corner lots, a side yard is only a yard that does not face a street.

         c.   If side yard, front yard or roof mounting is requested, the zoning administrator shall determine where reasonable reception is possible, based on evidence provided by the person seeking to erect or construct the antenna.

      2.   Mounting: Signal receiving antennas attached to the wall or roof of any principal or accessory structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and county building code requirements. The zoning administrator may require engineering calculations.

      3.   Diameter: The diameter of the signal receiving antenna shall not exceed fifteen feet (15') in diameter for commercial uses or ten feet (10') in diameter for residential uses, except for systems used to provide community antenna television services.

      4.   Height:

         a.   A ground mounted signal receiving antenna, including any platform or structure upon which said antenna is mounted or affixed, may not exceed eighteen feet (18') in height, as measured from the ground to the highest point of the dish.

         b.   A roof mounted antenna may not exceed fifteen feet (15') in height above the surrounding roofline as measured from the lowest point of the existing roofline.

      5.   Wind Pressure: All signal receiving antennas shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of eighty (80) miles per hour.

      6.   Electrical Installations: Electrical installations in connection with signal receiving antennas, including grounding of the system, shall be in accordance with the national electrical safety code, Illinois state electrical code and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground. If a signal receiving antenna is to be used by two (2) or more residential property owners, all interconnecting electrical connections, cables and conduits must also be buried. The location of all such underground lines, cables and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes.

      7.   Temporary Placement: No portable or trailer mounted signal receiving antenna shall be allowed, except for temporary installation for on site testing and demonstration purposes for periods not exceeding five (5) days. However, such trial placement shall be in accordance with all provisions of this section. Failure to comply shall result in a citation being issued for violation of this section. Any person making such temporary placement shall first give written notice to the zoning administrator of the date when such placement shall begin and end.

      8.   Advertising: No form of advertising or identification, sign or mural is allowed on the signal receiving antenna other than the customary manufacturer's identification plates.

      9.   Interface With Broadcasting: Signal receiving antennas shall be filtered and/or shielded so as to prevent the emission or reflection of an electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the signal receiving antenna shall promptly take steps to eliminate the harmful interference in accordance with federal communications commission regulations.

      10.   Compliance With Federal Regulations: The installation and use of every signal receiving antenna shall be in conformity with the federal cable communications policy act of 1984 and regulations adopted thereunder.

      11.   Aesthetic Considerations: Signal receiving antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level.

   F.   Enforcement:

      1.   It shall be unlawful to construct, use, build or locate any signal receiving antenna in violation of any provisions of this section. In the event of any violation, the county board or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this section.

      2.   Any person, corporation or other entity who fails to comply with the provisions of this section shall, upon conviction, be subject to the general penalties found in subsection 10-2A-5B and/or section 10-17-4 of this title. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Definitions. For purposes of this section, the following words and terms are hereby defined:

WIND TURBINE: Any piece of electrical generating equipment that converts the kinetic energy of moving wind into electrical energy using airfoils or similar devices to capture the wind.

   B.   Applicability.

      1.   This section governs the siting of WECS and substations that generate electricity to be sold to wholesale or retail markets.

      2.   Owners of WECS with an aggregate generating capacity of zero point five (0.5) MW or less who locate the WECS(s) on their own property are not subject to this section.

   C.   Prohibition.

      1.   No WECS project, WECS or substation governed by this section shall be constructed, erected, installed, or located within the county, unless prior siting approval and building permits have been obtained for each individual WECS project, WECS and substation or for a group of WECS projects and substations under a joint siting application pursuant to this section.

      2.   No commercial wind energy facility shall be permitted in any zoning district other than the Ag-1, rural/agricultural district; the I-1, planned industrial district; the I-2, general industrial district; and the I-3, heavy industrial district.

   D.   Special Use Permit Application.

      1.   To obtain siting approval, the applicant must first submit a special use permit application to the county.

      2.   The special use permit application shall contain or be accompanied by the following information:

         a.   A WECS project summary, including, to the extent available: (a) a general description of the project, including (i) its approximate overall name plate generating capacity, (ii) the potential equipment manufacturer(s), (iii) type(s) of WECS(s), (iv) the number of WECS, and name plate generating capacity of each WECS, (v) the maximum height of the WECS tower(s) and maximum diameter of the WECS(s) rotor(s), (vi) the number of substations, (vii) a project site plan, project phasing plan and project construction timeline plan, and (viii) the general location of the project; and (b) a description of the applicant, owner and operator, including their respective business structures;

         b.   The name(s), address(es), and phone number(s) of the applicant(s), owner and operator, and all property owner(s), if known, and documentation demonstrating land ownership or legal control of the property;

         c.   A site plan for the WECS project showing the planned location of each WECS tower, including legal descriptions for each site, guy lines and anchor bases (if any), participating and non-participating residences, occupied community buildings parcel boundary lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, substation(s), operations and maintenance buildings, and permanent meteorological towers, electrical cabling from the WECS tower to the substation(s), ancillary equipment, third party transmission lines, the location of any wetlands, flood plain, drainage structures including surface ditches and subsurface drainage lines, underground mines, scenic and natural areas within one thousand five hundred (1,500) feet of the proposed WECS, the location of all known communications towers within two (2) miles of the proposed WECS, and the layout of all structures within the geographical boundaries of any applicable setback;

         d.   All determinations of no hazard to air navigation from the federal Aviation Administration;

         e.   A proposed decommissioning plan for the WECS project including cost estimations;

         f.   All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this section;

         g.   An agricultural impact mitigation agreement (AIMA) executed between the applicant and the Illinois department of agriculture;

         h.   The topographic map shall include the WECS project site and the surrounding area;

         i.   Any other information normally required by the county as part of its permitting requirements for siting buildings or other structures;

         j.   Waivers from the setback requirements executed by the occupied community building owners and/or the non-participating property owners bearing a file stamp from the county recorder of deeds office confirming that the waiver was recorded against title to the affected real property.

         k.   Waivers from the shadow flicker mitigation requirements executed by the occupied community building owners and/or the non-participating property owners bearing a file stamp from the county recorder of deeds office confirming that the waiver was recorded against title to the affected real property.

         l.   Results and recommendations from the Illinois dept. of natural resources obtained through the ecological compliance assessment tool or a comparable successor tool.

         m.   Results of the United States fish and wildlife service's information for planning and consulting environmental review or a comparable successor tool that is consistent with the United States fish and wildlife service's land-based wind energy guidelines.

         n.   Information demonstrating that the WECS project will avoid protected lands.

         o.   Any other information requested by the county or the county consultants that is necessary to evaluate the siting application and operation of the WECS project and to demonstrate that the WECS project meets each of the regulations in this section, including the special use permit standards set forth below.

      3.   Material changes to the application are not permitted once the notice of the public hearing has been published, unless requested or permitted by the county; and

      4.   The applicant shall submit twelve (12) copies of the special use permit application to the county, and at least one (1) copy in electronic format.

   E.   Design And Installation. The design standards and bulk regulations listed in § 10-9-3 of the Lee County code for setbacks, lot size, lot coverage, lot area, height; § 10-14-3 of the Lee County code for fences, § 10-13-2 of the Lee County code for landscaping, and § 10-12-10 of the Lee County code for signage, shall be suspended for a commercial wind energy facility and the following regulations shall apply instead. All other design standards and bulk regulations of the district shall apply.

      1.   Design Safety Certification.

         a.   WECSs shall conform to applicable industry standards, including those of the American national standards institute ("ANSI"). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from underwriters laboratories ("UL"), det norske veritas ("DNV"), germanischer lloyd wind energie ("CGL"), or an equivalent third party. All turbines shall be new equipment commercially available; no used or experimental equipment shall be used in the WECS project without the approval of a variance by the county board.

         b.   Following the granting of siting approval under this section, a structural engineer shall certify, as part of the WECS building permit application process, that the foundation and tower design of the WECS is within accepted professional standards, given local soil, subsurface and climate conditions.

      2.   Controls And Brakes. All WECSs shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, tilt, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.

      3.   Electrical Components. All electrical components of the WECS shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and international electrical commission).

      4.   Aesthetics And Lighting. The following items are recommended standards to mitigate visual impact:

         a.   Coatings And Coloring: Towers and blades shall be painted white or gray or another non-reflective, unobtrusive color.

         b.   Turbine Consistency: To the extent feasible, the WECS project shall consist of turbines of similar design and size, including tower height. Further, all turbines shall rotate in the same direction. Turbines shall also be consistent in color and direction with nearby facilities.

         c.   Lighting: WECS projects shall utilize minimal lighting that is compliant with the applicable FAA regulations, as amended by the FAA. To the extent that such tower lighting is available, and is approved by the FAA for a WECS project, the applicant shall install aircraft detection lighting systems ("ADLS") or other similar technology to reduce light pollution and visual impacts caused by the WECS towers.

         d.   Intra-Project Power And Communication Lines: All power lines used to collect power from individual turbines and all communication lines shall be buried underground at a depth in accordance with the agricultural impact mitigation agreement until same reach the property line or a substation adjacent to the property line. The Lee County zoning administrator, when or after granting a building permit, may grant variances when shallow bedrock, watercourses, or other elements of natural landscape interfere with the ability to bury Lines.

      5.   Warnings.

         a.   Appropriate warning signage concerning voltage, that is in accordance with NESC and ANSI Z535 safety sign standards and OSHA regulations, must be placed at the base of all pad-mounted transformers and substations, and at all entrances to the wind towers.

         b.   Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.

      6.   Climb Prevention. All WECS towers must be unclimbable by design or protected by anti- climbing devices such as:

         a.   Fences with locking portals at least six (6) feet high; or

         b.   Anti-climbing devices twelve (12) feet vertically from the base of the WECS tower.

      7.   Setback Requirements. WECS towers shall be sited as follows, with setback distances measured from the center of the base of the WECS tower:

         a.   Occupied Community Buildings: Two point one (2.1) times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure.

         b.   Participating Residences: One point one (1.1) times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure;

         c.   Nonparticipating Residences: Two point one (2.1) times the maximum blade tip height of the WECS tower to the nearest point on the outside wall of the structure;

         d.   Boundary Lines Of Participating Property: None.

         e.   Boundary Lines Of Nonparticipating Property: One point one (1.1) times the maximum blade tip height of the WECS tower to the nearest point on the property line of the nonparticipating property.

         f.   Public Road Rights-Of-Way: One point one (1.1) times the maximum blade tip height of the WECS tower to the center point of the public road right-of-way.

         g.   Overhead Communication And Electric Transmission And Distribution Facilities (Not Including Overhead Utility Service Lines To Individual Houses or Outbuildings): One point one (1.1) times the maximum blade tip height of the WECS tower to the nearest edge of the property line, easement, or right of way containing the overhead line.

         h.   Overhead Utility Service Lines To Individual Houses Or Outbuildings: None.

         i.   Fish And Wildlife Areas And Illinois Nature Preserve Commission Protected Lands: Two point one (2.1) times the maximum blade tip height of the WECS tower to the nearest point on the property line of the fish and wildlife area or protected land.

      The setback requirements may be waived by the written consent of the owner(s) of each affected property. The applicant does not need obtain a variance from the county upon waiver by the property owner of the setback requirement. Any waiver of any of the above setback requirements shall run with the land and be recorded with the recorder of deeds of the county.

      8.   Compliance With Additional Regulations. Nothing in this section is intended to preempt other applicable state and federal laws and regulations.

      9.   Use of Public Roads.

         a.   Road Use Agreement Approval Requirements. A road use agreement (RUA) shall be approved by the developer and the county board not less than thirty (30) days prior to the issuance of the building permits for the commercial solar energy facility.

         b.   Agreement Contents.

            (1)   The contents of the road use agreement shall include, but not be limited to the following:

               (A)   Transportation impact analysis (TIA) that details the expected construction routes and the ESAL count per roadway segment. Core samples, or non-destructive testing methods, as approved by the county engineer, shall be used to determine the base and surface thickness of each public roadway used. In addition, all bridges and culverts on the construction routes shall be identified and evaluated for structural adequacy. Adequate exhibits shall be included so that the full impact on the public roadways within the project footprint can be determined.

               (B)   Requirements that regulate the construction traffic impacts.

               (C)   Requirements for repairing damage to the roadway base, surface and appurtenances, in addition to providing for roadway surface upgrades.

               (D)   Governing practices regarding utility installations on or near the rights of way.

               (E)   County requirements that include providing permits when proper information is provided by the developer.

               (F)   Requirement for a certificate of liability Insurance for ten million dollars ($10,000,000) per occurrence.

               (G)   Requirement for a security instrument in the amount of one hundred twenty-five percent (125%) of the estimated roadway base damage repair and roadway surface repairs and upgrades.

         c.   Consulting Fund. Not less than thirty (30) days after zoning has been granted, an initial engineering and legal fee of no less than one hundred thousand dollars ($100,000) shall be deposited into the county treasury (the consulting fund) to cover all engineering consulting and legal fees incurred by the county for the duration of the project from conception to completion. The amount of the initial engineering and legal fee may be adjusted at the discretion of the county engineer based on the size of the proposed project. Additional funds shall be required, as deemed necessary by the county engineer. Monies remaining in the consulting fund at the completion of the project will be refunded back to the commercial solar energy facility.

      10.   Site Assessment. To ensure that the subsurface conditions of the site will provide proper support for the WECS towers and soil restoration, the applicant, at its expense, shall provide soil and geotechnical boring reports to the county engineer with respect to each WECS tower location, as part of its WECS building permit. The applicant shall follow the guidelines for conservation practices impact mitigation submitted by the county soil and water conservation district (or equivalent regulatory agency). The applicant shall submit grading plans for the proposed substations for review and comment by the county soil and water conservation district prior to the issuance of any WECS building permit for the construction of said substations.

      11.   Communications Analysis.

         a.   The applicant, at its expense, shall have a third party, qualified professional (after submission of resume and relevant work experience) conduct an appropriate analysis of the television reception documenting the television stations that are received within one and one-half (1 ½) miles of the footprint of the WECS project. The results of said study shall be public record and will serve as a baseline reading for television reception conditions prior to the construction of the WECS project and shall be submitted as part of the special use permit application.

         b.   The applicant, at its expense, shall have a third party, qualified professional (after submission of resume and relevant work experience), conduct a communications analysis that indicates that the E-911 communications, emergency communications or official county and local municipal communications reception shall not be negatively impacted or influenced by the proposed wind power facility. Said communication analysis shall be a public record and shall be submitted as part of the special use permit application.

         c.   The applicant and the operator, at the applicant's expense, shall take immediate actions to minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals and to eliminate any such interference that impacts local government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, caused by the operation of the WECS. The applicant shall provide the applicable microwave transmission providers and local emergency service provider(s) (911 operators) copies of the WECS project summary and site plan, as set forth in article IV, section 2(a) and article IV, section 2(c) of this section. To the extent that the above provider(s) demonstrate a likelihood of interference with its communications resulting from the WECS(s), the applicant and the operator, at applicant's expense, shall take reasonable measures to minimize and mitigate such anticipated interference and with regard to interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant and the operator, at applicant's expense, shall take all necessary and available commercial measures to eliminate any such interference. If, after construction of the WECS, the applicant (WECS permittee) or operator receives a written complaint related to the above-mentioned interference, the applicant (WECS permittee) shall take commercially reasonable steps to respond to the complaint, except in the case of a complaint of interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications. In the case of local, government public safety communications, the applicant (WECS permittee) and the operator, at the applicant's expense, shall immediately take all necessary and available commercial measures to eliminate any such interference.

         d.   If, after construction of the WECS, the applicant (WECS permittee) or operator receives a written complaint related to interference with local broadcast residential television, the applicant (WECS permittee) shall take commercially reasonable steps to respond to the complaint. A summary of the complaint and subsequent response from applicant shall be forwarded to the Lee County board for review. Once the construction is complete and a television reception complaint is received by the Lee County zoning administrator who will have thirty (30) calendar days to verify the complaint, the applicant (WECS permittee) will be given fifteen (15) calendar days to respond, in writing (validation date). Said response shall be addressed and forwarded to both the Lee County zoning administrator and the complainant. Such response shall include but not be limited to the following: an acknowledgment that a complaint was made and evaluated by the applicant (WECS permittee). If considered valid by the applicant (WECS permittee): an explanation, including a timeline, as to what the applicant (WECS permittee) intends to do about the complaint. The applicant (WECS permittee) of the wind power facility will be given an additional fifteen (15) calendar days from the validation date to resolve said TV reception issue. If considered invalid by the applicant (WECS permittee), an explanation, including supporting documentation and expert opinions, as to why the applicant (WECS Permittee) believes the complaint is not valid. Television reception complaints must be filed within six (6) months of the date each wind turbine generator goes online.

      12.   Noise Levels. Noise levels from each WECS or WECS project shall comply with applicable Illinois pollution control board (IPCB) regulations. The applicant shall submit manufacturer's wind turbine sound power level characteristics and other relevant data regarding wind turbine noise characteristics necessary for a competent noise analysis. The applicant, using a qualified professional, shall appropriately demonstrate compliance with the applicable noise requirements in its special use permit application. A report confirming compliance shall be provided to the Lee County zoning administrator, within fifteen (15) days of issuance.

      13.   Agricultural Impact Mitigation Agreement. Pursuant to 505 ILCS 147/15(a), the applicant, at its expense, shall enter into an agricultural impact mitigation agreement with the Illinois department of agriculture prior to any public hearing required before a siting decision on the WECS project application. All impacted agricultural land, whether impacted during construction, operation, or decommissioning activities, must, at a minimum, be remediated by the applicant pursuant to the terms of the agricultural impact mitigation agreement with the Illinois department of agriculture. The applicant shall submit the executed agricultural impact mitigation agreement to the county as part of the special use permit application.

      14.   Avian And Wildlife Impact Study. The applicant, at its expense, shall have a third party, qualified professional (after submission of resume and relevant work experience) conduct an avian and wildlife impact study and submit said study to the county as part of the special use permit application. Each WECS or WECS project shall be located, designed, constructed, and operated to avoid and if necessary, mitigate the impacts to wildlife.

      15.   As-Built Map And Plans. Within sixty (60) calendar days of completion of construction of the commercial solar energy facility, the applicant or operator shall deliver to the Lee County zoning administrator and Lee County supervisor of assessments, "as-built" maps, site plan and engineering plans for the commercial solar energy facility that have been signed and stamped by a professional engineer and a licensed surveyor.

      16.   Engineer's Certificate. The WECS project engineer's certificate shall be completed by a structural engineer registered in the State of Illinois or by a professional engineer with a certification from a structural engineer registered in the State of Illinois and shall certify that the WECS tower and foundation design is compatible with and appropriate for each turbine design proposed to be installed and that the specific soils and subsurface conditions at the site can support the apparatus, given local soil, subsurface and climate conditions. All commercially installed wind turbines must utilize self-supporting, tubular towers. The WECS project engineer's certificate shall be a public record and shall be submitted as part of the special use permit application.

      17.   Outdoor Storage. Only the outdoor storage of materials, vehicles and equipment that directly support the operation and maintenance of the commercial solar energy facility shall be allowed, except for outdoor storage that is otherwise expressly allowed in the zoning district as specified herein. The zoning administrator, or their designee, shall have the discretion to determine whether outdoor storage complies with this provision.

      18.   Hours of Construction. During construction of the commercial solar energy facility, construction activities shall commence no earlier than seven o’clock (7:00) A.M. and shall be discontinued no later than eight o’clock (8:00) P.M., within one-quarter (1/4) miles of a nonparticipating residence, unless a written waiver is obtained by the affected nonparticipating resident.

      19.   Conformance With Approved Application And Plans. The applicant shall construct and operate the WECS project in substantial conformance with the construction plans contained in a county-approved submitted special use permit application(s), conditions placed upon the operation of the facility, this section and all applicable state, federal and local laws and regulations.

      20.   Additional Terms And Conditions.

         a.   All technical submissions as defined in the professional engineering practice act of 1989 (225 ILCS 325/4(w)) and contained in the special use permit application shall be prepared and signed by an Illinois professional engineer (or structural engineer) for the relevant discipline.

         b.   The county may retain a qualified, independent code inspector or professional engineer both to make appropriate inspections of the WECS Project during and after construction and to consult with the county to confirm that the construction, substantial repair, replacement, repowering and/or decommissioning of the WECS project is performed in compliance with applicable electrical and building codes. The cost and fees incurred by the county in retaining said inspector or engineer shall be promptly reimbursed by the applicant of the WECS project.

         c.   The applicant shall provide locked metal gates or a locked chain are installed at the access road entrances of all the wind turbine generator locations. An exception may be made when the landowner has filed a written statement with the county which states that the owner does not want a locked metal gate installed and has provided a signed liability waiver to the county.

         d.   The special use permit granted to the applicant shall bind and inure to the benefit of the applicant, its successors-in-interest and assigns. If any provision in this section, or conditions placed upon the operation of the commercial wind energy facility is held invalid, such invalidity shall not affect any other provision of this section that can be given effect without the invalid provision and, to this end, the provisions in this section are severable.

         e.   The applicant shall provide an executed road use agreement between the applicant and, the appropriate governing road and highway jurisdictions or the Illinois department of transportation, to the county showing approved entrances, a minimum of thirty (30) days prior to the issuance of any WECS building permit or prior to construction of the WECS project.

         f.   No wind turbine generator shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. The wind turbine generator shall not be installed in a location along the major axis of existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.

         g.   The applicant of the WECS Project shall use two (2) methods to detect icing conditions on turbine blades: (1) sensors that detect when blades become imbalanced or create vibration due to ice accumulation; and (2) meteorological data from on-site meteorological towers, on-site anemometers, and other relevant weather sources that will be used to determine if ice accumulation is occurring. These control systems will either automatically shut down the turbines(s) in icing conditions or the applicant will manually shut down the turbine(s) if icing conditions are identified.

   F.   Operation.

      1.   Maintenance.

         a.   Annual Report. The applicant must submit, on an annual basis on the anniversary date of the special use permit application, an operation and maintenance report to the county. The report shall contain the following information: (i) a general description of any physical repairs, replacements or modification(s) to the WECS and/or its infrastructure; (ii) complaints pertaining to setbacks, noise, shadow flicker, appearance, safety, lighting and use of any public roads received by the applicant concerning the WECS and the resolution of such complaints; (iii) calls for emergency services; (iv) status of liability insurance; (v) a general summary of service calls to the WECS; (vi) contact information for current owner(s), operator(s), project manager(s) and primary contact person; and (vii) any updates to the emergency response plan. Failure to provide the annual report shall be considered a material violation of this section and subject to division I.(Remedies).

         b.   Re-Certification. Any physical modification to the WECS that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under division E.(design and installation), paragraph 1 (design safety certification), of this section. Like-kind replacements and modifications that are made in the ordinary course of operations, including expected repairs and warranty items, shall not require re-certification. Prior to making any physical modification (other than a like-kind replacement or other modifications made in the ordinary course of operations), the applicant shall confer with a relevant third-party certifying entity identified in division E. (design and installation), paragraph 1 (design safety certification), of this section to determine whether the physical modification requires re-certification.

      2.   Coordination With Emergency Responders.

         a.   The applicant shall submit to the local emergency responders a copy of the site plan, standard operating procedures (SOPs) and standard operating guidelines (SOGs), and any amendments to such documents, for the wind power facility so that the local law enforcement, fire protection district and rescue units, emergency medical service providers and emergency management service providers that have jurisdiction over each tower site may evaluate and coordinate their emergency response plans with the applicant of the WECS project.

         b.   The applicant, at its expense, shall provide annual training for, and the necessary equipment to, the operator and local emergency response authorities and their personnel so that they can properly respond to a potential emergency at the WECS project. Special equipment to be provided includes, but is not limited to, permanently installed rescue equipment such as winches, pulleys, harnesses, etc.

         c.   The applicant and the operator shall cooperate with all local emergency responders to develop an emergency response plan. The plan shall include, at a minimum, twenty-four (24) hour contact information (names, titles, email addresses, cell phone numbers) for the applicant and the operator and at least three (3) designated WECS project representatives (a primary representative with two (2) alternate representatives, each of whom are on-call "twenty-four (24) hours per day/seven (7) days per week/three hundred sixty-five (365) days per year"). Any change in the designated WECS project representative or his/her contact information shall be promptly communicated to the county. The content of the emergency response plan, including the twenty-four (24) hour contact information, shall be reviewed and updated on an annual basis.

         d.   Nothing in this section shall alleviate the need to comply with all other applicable life safety, fire/emergency laws and regulations.

      3.   Water, Sewer, Materials Handling, Storage And Disposal.

         a.   All solid waste related to the construction, operation and maintenance of the WECS shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws.

         b.   All hazardous materials related to the construction, operation and maintenance of the WECS shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.

         c.   The WECS project shall comply with existing septic and well regulations as required by the county health department and the State of Illinois department of public health.

      4.   Shadow Flicker. The applicant must present to the county board a model study on potential shadow flicker. The applicant shall appropriately demonstrate to the county board through conservative industry standard modeling that no occupied community building or non-participating residence will experience an expected duration of thirty (30) hours or more per year. An occupied community building owner or a non-participating participating residence owner may waive this shadow flicker mitigation requirement. Each waiver of the above shadow flicker mitigation requirement shall be set forth in a written waiver executed by the occupied community building owner or non-participating residence owner and filed with the county recorder of deeds office against title to the affected real property.

      5.   Points Of Contact. The applicant, operator, and/or owner shall maintain with the Lee County zoning administrator and Lee County sheriff's department a primary point of contact and two (2) secondary points of contact. This information shall always be kept current, and changes shall be reported within seven (7) days of change.

      6.   Signage. Signage regulations are to be consistent with ANSI, NESC, OSHA and AWEA standards. A reasonably visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations, and at all entrances to wind towers. The signs at the entrances to the facility shall include the facility's 911 address and a twenty-four (24) hour emergency contact number.

      7.   Drainage Systems. The applicant, at its expense, will repair, in a prompt and timely manner, all waterways, drainage ditches, agricultural drainage systems, field tiles, or any other private and public infrastructure improvements damaged during construction, maintenance and operation phases of the WECS project in accordance with the agricultural impact mitigation agreement.

      8.   Complaint Resolution. The applicant shall, at its expense and in coordination with the county, develop a system for logging and investigating complaints related to the WECS project. The applicant shall resolve such non-emergency complaints on a case-by-case basis and shall provide written confirmation to the county. All costs and fees incurred by the county in attempting to or resolving complaints shall be reimbursed by the applicant of the WECS project. The applicant shall also designate and maintain for the duration of the WECS project either a local telephone number or a toll-free telephone number and an email address as its public information, inquiry, and complaint "hotline" which shall be answered by a customer service representative twenty-four/seven (24/7) basis. The applicant shall post the telephone number(s) and email address(es) for the customer service representative(s) in a prominent, easy to find location on their websites and at the WECS project site on signage.

   G.   Liability Insurance And Indemnification.

      1.   Liability Insurance. Commencing with the issuance of a commercial solar energy facility building permit, the applicant shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death and illness, and property damage with limits of at least five million dollars ($5,000,000.00) per occurrence and in the aggregate; and, shall further maintain the above-stated lines of insurance from delivery of the notice to proceed by the applicant for the commercial solar energy facility, in coverage amounts of at least five million dollars ($5,000,000.00) per occurrence and twenty million dollars ($20,000,000.00) in the aggregate during the life of the commercial solar energy facility. The applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a commercial solar energy facility building permit, corresponding policies and endorsements to be provided within sixty (60) days of issuance, and at each subsequent renewal, at least annually thereafter.

      2.   Standard Conditions For Liability Insurance.

         a.   General Liability Insurance.

            (1)   The County of Lee, Illinois, its officers and employees shall be included as an additional insured on the general liability policy on a primary and non-contributory basis for both ongoing and completed operations. A minimum of a three (3) year extended reporting period is required for all claims-made policies.

            (2)   The County of Lee, Illinois, its officers and employees shall be named as additional insured with a waiver of subrogation on the commercial liability policy.

            (3)   Any commercial umbrella utilized shall be a "following form" policy.

            (4)   All policies must contain no more than thirty (30) day notice of cancellation.

            (5)   Current copies of the insurance policies and certificates of insurance shall be kept on file with the zoning administrator.

         b.   Maintenance Of General Liability Insurance.

            (1)   The applicant of the commercial solar energy facility shall maintain a current general liability policy covering bodily injury and property damage with minimum limits of at least five million dollars ($5,000.000) per occurrence and five million dollars ($5,000.000) in the aggregate.

            (2)   The applicant of the commercial solar energy facility shall maintain a current commercial auto policy of at least one million dollars ($1,000,000).

            (3)   The applicant of the commercial solar energy facility shall maintain workman's compensation insurance in the following amounts:

               (A)   One million dollars ($1,000,000) per accident;

               (B)   Occupational Disease: One million dollars ($1,000,000) per employee with a policy limit of one million dollars ($1,000,000).

         c.   Pollution liability insurance shall be maintained in the amount of five million dollars ($5,000,000) per policy.

         d.   The general liability policy shall identify landowners included in the special use permit as additional insured.

      3.   The applicant (WECS permittee) shall defend, indemnify and hold harmless the county and its officers, appointed and elected officials, employees, attorneys, engineers and agents (collectively and individually, the "indemnified parties") from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance and removal of the WECS and affiliated equipment including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence) or any acts or omissions of the applicant (WECS permittee), the owner or the operator under this section or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities arise from the negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the county's other indemnification rights available under the law.

   H.   Decommissioning And Site Reclamation Plan Required. Applicant (or owner, if different from applicant) must submit a decommissioning plan with cost estimation to the county as part of the siting application and provide testimony supporting the calculation of costs provided in said plan during the public hearing on the application. Prior to receiving any building permit for the commercial wind energy facility, the applicant or owner shall provide a decommissioning agreement and post the required financial assurances for the benefit of the county. The decommissioning agreement and financial assurances shall comply with 55 ILCS 5/5-12020. Periodically, and as required by the agricultural impact mitigation agreement, the owner must update the decommissioning plan, cost estimations, and provide updated financial assurances to the benefit of the county.

   I.   Remedies.

      1.   The applicant's failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the project, and/ or failure to comply with any law or regulation shall be a default and shall be grounds for revocation of the special use permit by the county board.

      2.   Prior to implementation of the applicable county procedures for the resolution of default(s), the county board must first provide written notice to the applicant and operator, setting forth the alleged default(s) and provide an opportunity for the applicant or the operator to cure the default(s) within a thirty (30) calendar day period from the date of the notice. Should the applicant commence the cure within that thirty (30) day cure period, and diligently pursues a cure, then the applicant shall receive an additional sixty (60) days to continue to pursue the cure before the county pursues procedures for the resolution of default. If the default relates to a life safety issue or interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant or the operator shall take all necessary and available commercial measures to immediately cure the default. If the applicant or operator cannot cure the default(s) or resolve the alleged default(s) within the cure period, then applicable county ordinance provisions addressing the resolution of such default(s) shall govern.

   J.   Fee Schedule And Permitting Processes.

      1.   Application Fees.

         a.   Prior to processing any application for a commercial solar energy facility, the applicant must submit a certified check to the county for the application fee equal to five thousand dollars ($5,000) per megawatt (mW) of proposed nameplate capacity, up to a maximum fee of one hundred thousand dollars ($100,000). These funds shall be placed in an FDIC insured account and will be used to cover the county's cost incurred in processing the application.

         b.   Should the actual costs to the county exceed the submitted application fee, the applicant shall be responsible for those additional costs and shall remit additional funds to the county within fifteen (15) days of receipt of a request from the county. No hearings on an application shall be conducted nor final decisions rendered on an application if there are application fees due to the county.

         c.   Any unused amounts of the application fee shall be refunded to the applicant within six (6) months of the county board rendering a final decision on the matter, unless any pending litigation, disputes or negotiations involving the county exist regarding the commercial solar energy facility, in which case any amounts owed to the applicant shall be refunded within six (6) months of the conclusion of the litigation, disputes or negotiations. An applicant may request any unused application fee be applied toward the building permit fees for the facility.

      2.   Building Permit Fees. Prior to the issuance of building permits, the building permit applicant must deposit a building permit fee in an amount determined by Lee County board resolution.

      3.   All Costs To Be Paid By Applicant Or Owner. In addition to all fees noted above, the applicant or owner shall pay all costs incurred by the county, including but not limited to, those costs associated with all offices, boards and commissions of the county, and third-party costs incurred by the county. This includes, but is not limited to, the direct or indirect costs associated with the hearing, permitting, operations, inspections, decommissioning, litigation, disputes, and/ or negotiations.

   K.   Hearing Facilitator. The county may engage the services of a hearing facilitator. The hearing facilitator shall be an independent contractor who shall conduct a hearing in accordance with all applicable rules of the board and the county but has no adjudicatory responsibility other than ruling on requests for continuances, procedural matters, admissibility of evidence and the propriety of any arguments.

      The hearing facilitator shall be an attorney, licensed to practice in the State of Illinois. The applicant shall reimburse the county for the fees and costs charged by the facilitator.

   L.   Hearing Factors.

      1.   The county board may approve a commercial wind energy facility special use permit application if it finds the evidence complies with state, federal and local law and regulations, and with the standards of this zoning code including the factors listed below. The factors below are applied as a balancing test, not individual requirements to be met.

         a.   The establishment, maintenance, or operation of the WECS project will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

         b.   The WECS project will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values of surrounding properties;

         c.   The establishment of the WECS project will not impede the normal and orderly development and improvement of the surrounding properties;

         d.   Adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;

         e.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

         f.   The proposed WECS project is not contrary to the objectives of the current comprehensive plan of the county (if any); and

         g.   The WECS project shall, in all other respects, conform to the applicable regulations of this section and the zoning district in which it is located (if a zoning ordinance is in effect), except as such regulations may, in each instance, be modified pursuant to the recommendations of and approved by the county board.

      2.   Special Use Permit Conditions and Restrictions. The county board may stipulate conditions, guarantees and restrictions, upon the establishment, location, construction, maintenance, and operation of the WECS project as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of this section.

      3.   Revocation.

         a.   In any case where a special use permit has been approved for a WECS project, the applicant shall apply for a WECS building permit from the county and all other permits required by other government or regulatory agencies to commence construction and commence and actively pursue construction of the project within thirty-six (36) months from the date of the granting of the special use permit. If the applicant fails to apply for a WECS building permit from the county and all other permits required by other government or regulatory agencies prior to construction and/or fails to commence and actively pursue construction of the project within the thirty-six (36) month period, then without further action by the county board, the special use permit authorizing the construction and operation of the WECS project shall be automatically revoked and void. Upon written request supported by evidence that the applicant has diligently pursued issuance of all necessary government and regulatory permits for the project required to commence construction and that any delay in commencement of construction of the project is due to conditions out of his/her/its control, the county board, in its sole discretion, may extend the above thirty-six (36) month period by passage of an ordinance that amends the special use permit.

         b.   The special use permit shall be subject to revocation if the applicant dissolves or ceases to do business, abandons the WECS project or the WECS ceases to operate for more than twelve (12) consecutive months for any reason.

         c.   Subject to the provisions of article IX (remedies), a special use permit may be revoked by the county board if the WECS project is not constructed, installed and/or operated in substantial conformance with the county-approved project plans, the regulations of this section and the stipulated special use permit conditions and restrictions.

      4.   Transferability; Owner Or WECS Permittee. The applicant shall provide written notification to the county board at least thirty (30) days prior to any change in ownership of a WECS project of any such change in ownership. The phrase "change in ownership of a WECS project" includes any kind of assignment, sale; lease, transfer or other conveyance of ownership or operating control of the applicant, the WECS project or any portion thereof. The applicant or successors-in-interest or assignees of the special use permit, as applicable, shall remain liable for compliance with all conditions, restrictions and obligations contained in the special use permit, the provisions of this section and applicable county, state, and federal laws.

      5.   Modification. Any modification of a WECS project that alters or changes the essential character or operation of the WECS project in a way not intended at the time the special use permit was granted, or as subsequently amended, shall require a new special use permit. The applicant or authorized representative, shall apply for an amended special use permit    prior to any modification of the WECS project.

   6.   Permit Effective Date: The special use permit shall become effective upon approval of the ordinance by the county board.

   M.   Interpretation. The provisions of these regulations shall be held to the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of Lee Count, Illinois. These regulations are not intended to repeal, abrogate, annul or in any manner interfere with existing regulations or laws of Lee County, Illinois, nor conflict with any statutes of the State of Illinois. (Ord. 06-05-002, 6-21-2005; amd. Ord. 08-21-006, 8-19-2021; Ord. 11-22-007, 11-22-2022; Ord. 2023-05-002, 5-25-2023; Ord. 2023-07-007, 7-20-2023; Ord. 2025-05-006, 5-22-2025)

   A.   Definition:

SWIMMING POOL: A body of water or an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point greater than one and one-half feet (1 ½') located above or below the surface of ground elevation, installed in such a manner that the pool will remain in place as a fixture throughout the full year and will be considered as a permanent or semipermanent structure on the land. The term includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.

   B.   Exempt Pools: Storable children's swimming or wading pools, with a maximum dimension of fifteen feet (15') and a maximum wall height of fifteen inches (15") and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.

   C.   Permit Required: Before work is commenced on the construction or erection of private or residential swimming pools or on any alterations, additions, remodeling or other improvements, an application for a swimming pool building permit to construct, erect, alter, remodel or add must be submitted in writing to the zoning administrator. Plans and specifications and pertinent explanatory data should be submitted to the zoning administrator at the time of application. No work or any part of the work shall be commenced until a written permit for such work is obtained by the applicant. The required building permit fee as provided in the "county development manual" shall accompany such application.

   D.   Construction Requirements: In addition to such other requirements as may be reasonably imposed by the zoning administrator, the zoning administrator shall not issue a permit for construction as provided for in subsection C of this section unless the following construction requirements are observed:

      1.   Approved Materials: All materials and methods of construction in the construction, alteration, addition, remodeling or other improvements and pool installation shall be in accord with all state regulations and codes and with any and all ordinances of the county now in effect or hereafter enacted.

      2.   Plumbing: All plumbing work shall be in accordance with all applicable ordinances of the county and all state codes. Every private or residential swimming pool shall be provided with a suitable draining method, and in no case shall waters from any pool be drained into the sanitary sewer system, onto lands of other property owners adjacent to that on which the pool is located or in the general vicinity.

      3.   Electrical Installations: All electrical installations, including lighting and heating but not limited thereto, which are provided for, installed and used in conjunction with a private swimming pool shall be in conformance with state laws and county ordinances regulating electrical installations.

   E.   Setbacks And Other Requirements:

      1.   Private swimming pools shall be erected or constructed on rear or side yards only and only on a lot occupied by a principal building. No swimming pool shall be erected or constructed on an otherwise vacant lot. A lot shall not be considered vacant if the owner owns the contiguous lot and said lot is occupied by a principal building.

      2.   All swimming pools shall be at least ten feet (10') from any lot line or building unless designed and approved as an addition to a building.

   F.   Enclosure:

      1.   Fence; Inground Pools: All outdoor, inground swimming pools shall have a fence or other solid structure not less than sixty inches (60") in height completely enclosing the pool with no opening therein (other than doors or gates) larger than three inches (3") square. All gates or doors opening through the enclosure shall be kept securely closed and locked at all times when not in actual use and shall be equipped with a self-closing and self-latching device designed to keep and be capable of keeping such door or gate securely locked at all times when not in actual use.

      2.   Aboveground Pools; Pool Wall Barrier:

         a.   An approved barrier shall consist of a solid wall of durable material of which the pool itself is constructed and shall extend directly above the vertical water enclosing wall of the pool. Such walls shall extend more than three feet (3') above the level of the ground immediately adjacent to the pool. Such a solid pool wall barrier shall not be located within six feet (6') of any other wall or fence or other structure, which can be readily climbed by children. Every entrance to a pool, such as a ladder, must be secured or adequately safeguarded to prevent unauthorized entry into the pool.

         b.   The pool enclosure may be omitted where portable pools are installed aboveground and have a raised deck around the entire pool perimeter with an attached enclosed railing a minimum of thirty six inches (36") high on the top. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   The roof of the manufactured home shall be pitched at a ratio of not less than three inches (3") of rise (vertical distance) in twelve inches (12") of run (horizontal distance) or greater, and covered with durable material that is residential in appearance, but not limited to approved wood, asphalt combination shingles or wood shake shingles, but excluding corrugated fiberglass or metal roof.

   B.   Exterior siding shall be residential in appearance and may not have a high gloss finish including, but not limited to, clapboard, simulated clapboard such as conventional vinyl or metal siding, wood shingles, brick veneer or similar material but excluding smooth, ribbed or corrugated metal or plastic panels. Such exterior siding shall be "high quality, decorative exterior construction materials". See section 10-15-11, "exterior construction material", of this chapter.

   C.   The towing devices, hitches, axles and wheels shall be removed.

   D.   The manufactured home shall be located on a permanent, frost free foundation.

   E.   At each door (entrance or exit) of the manufactured home there shall be provided a permanent stoop that is not less than thirty six inches by thirty six inches (36" x 36").

   F.   The manufactured home shall be oriented on the lot so that its long axis is parallel with the street. A perpendicular or diagonal placement may be permitted if there is a building addition or substantial screening or landscaping so that the narrow dimension of the dwelling unit is not less than fifty percent (50%) of the dwelling unit's long dimension.

   G.   The zoning administrator may require the lot to be enclosed by acoustical shielding to ensure compatibility with surrounding lots.

   H.   The manufactured home shall be not less than twenty four feet (24') in width.

   I.   All manufactured housing shall otherwise be constructed in compliance with all bulk regulations and be in accordance with all building codes in effect from time to time. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

   A.   Intent: Communication towers are permitted uses in all business and industrial districts and shall be special uses in residential and agricultural districts. Communications towers are subject to the following provisions which are intended to allow communications towers for mobile telephone services and other radio and television information services while minimizing adverse visual and operational effects of such towers through careful design, placement and screening; to avoid potential damage to adjacent properties from tower failure and falling ice through engineering and careful siting of towers; and to maximize use of any new communications towers to reduce the number of towers needed.

   B.   Placement: The applicant shall demonstrate, using technological evidence, that the communication tower must be placed where proposed in order to satisfy its function.

   C.   Building Towers: If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), the applicant shall demonstrate that they have contacted the owners of tall structures within a one-fourth (1/4) mile radius of the site proposed, asked for permission to install the antenna on those structures, and were denied for reasons other than economic ones. This should include smokestacks, water towers, tall buildings, antenna support structures of other cellular communications companies, other communications towers (fire, police, etc.), and other tall structures. The county may deny the application if the applicant has not made a good faith effort to mount the antenna on an existing structure suitable for the purpose.

   D.   Height: The applicant shall demonstrate that the tower and antenna are the minimum height required to function satisfactorily. In no case shall towers located in residential districts be more than one hundred feet (100') in height. Towers located in commercial districts shall not be more than three hundred feet (300') in height. Towers located in agricultural or industrial district areas shall not exceed five hundred feet (500') in height. In all districts the height of the towers shall be subject to the provisions of section 10-15-13, "airport hazard controls (approach elevation restrictions)", of this chapter.

   E.   Setbacks: All setbacks are to be measured from the base of the tower to the property line or street right of way. If the tower is proposed to be placed on a leased portion of a larger lot owned by someone other than the tower owner, setbacks shall be measured from the boundaries of such larger lot:

      1.   Communication towers must be set back from all property lines by a minimum distance of one hundred percent (100%) of the height of the tower plus twenty five feet (25');

      2.   No setbacks shall be required if the antenna is to be located on an existing structure.

   F.   Structure Safety: The applicant shall demonstrate that the proposed communications tower and antenna are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All communication towers shall be fitted with anticlimbing devices, as approved by the manufacturers.

   G.   Separation From Other Communications Towers: A separation of one thousand five hundred feet (1,500') shall be maintained between communications towers (measured by drawing a straight line between the base of the existing tower and the base of the proposed tower as shown on the site plan). Separations of less than one thousand five hundred feet (1,500') shall require a special use permit. In no case will communications towers be located closer than five hundred feet (500') apart.

   H.   Fencing: A fence of not less than eight feet (8') in height shall be required around the base of the communication tower. The fence shall enclose any uses ancillary to the communications tower. A fence or other approved physical barrier shall enclose all guywires and support structures.

   I.   Landscaping: Landscaping shall be required to screen the support structure if the tower is located in a commercial or residential district. A landscaping plan shall be submitted with the site plan. All required landscaping shall be maintained according to the approved site plan.

   J.   Color: Unless the FAA imposes specific marking requirements, all communications towers shall be painted silver or have a galvanized finish in order to reduce the visual impact. Alternate colors may be required to minimize visual impact in residential or commercial districts.

   K.   Lighting: No communications towers shall be artificially lighted except when required by the FAA. If lighting is required, dual mode lighting (intermittent red lighting for nighttime use and high intensity lighting for daytime use) shall be installed unless dual mode lighting is specifically denied by the FAA. Security lighting is permitted at ground level. All lighting shall be designed so as not to project onto surrounding residential property.

   L.   Advertising: No commercial advertising or signs shall be allowed on communications towers.

   M.   Residential Districts: A special use permit shall be required for any communication tower located in residential districts. Communications equipment should be attached to existing poles and/or structures wherever possible.

   N.   Additional Restrictions: The county may impose additional restrictions in residential and agricultural districts:

      1.   Alternate colors;

      2.   Additional setback;

      3.   Site lighting requirements;

      4.   Location of accessory buildings;

      5.   Additional landscaping or buffer.

   O.   Prohibited Uses: All uses ancillary to the communications towers and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited in residential districts.

   P.   Site Plan: A full site plan shall be provided to the county for all communications towers, showing the site boundaries, type and elevation of tower, fencing, landscaping, access, lighting and any buildings or other ancillary equipment.

   Q.   Permit Required: It shall be unlawful to construct, alter, or install communicating equipment or communication towers without filing a written permit application with the zoning administrator. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

See provisions on file in the county. (Ord. 06-05-002, 6-21-2005; amd. Ord. 2025-05-006, 5-22-2025)

For the purposes of this section, the following words and terms are hereby defined:

VISUAL SCREEN: A visual barrier that uses vegetative landscaping, opaque fencing, or approved combination thereof, that is of such nature and density that provides year-round opacity and screens structures and activities on the parcel, from a single-story dwelling viewpoint.

   B.   Applicability.

      1.   This section governs the siting of commercial solar energy facilities and substations that generate electricity to be sold to wholesale or retail markets.

   C.   Prohibition.

      1.   No commercial solar energy facility or substation governed by this section shall be constructed, erected, installed, or located within the county, unless prior siting approval and building permits have 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 section.

      2.   No commercial solar energy facility may be permitted in any zoning district other than the Ag-1, rural/agricultural district; the I-1, planned industrial district; the I-2, general industrial district; and the I-3, heavy industrial district.

   D.   Special Use Permit Application.

      1.   To obtain siting approval, the applicant must first submit a special use permit application to the county.

      2.   The special use permit application shall contain or be accompanied by the following information:

         a.   A commercial solar energy facility summary, including, to the extent available: (a) a general description of the project, including (i) its approximate overall name plate generating capacity, (ii) the potential equipment manufacturer(s), (iii) type(s) of solar panels, cells and modules, (iv) the number of solar panels, cells and modules, (v) the maximum height of the solar panels at full tilt, (vi) the number of substations, (vii) a project site plan, project phasing plan and project construction timeline plan, and (viii) the general location of the project; and (b) a description of the applicant, owner and operator, including their respective business structures;

         b.   The name(s), address(es), and phone number(s) of the applicant(s), owner and operator, and all property owner(s), if known, and documentation demonstrating land ownership or legal control of the property;

         c.   A site plan for the commercial solar energy facility showing the planned location of solar panels, including legal descriptions for each site, participating and non-participating residences, occupied community buildings, parcel boundary lines (including identification of adjoining properties), setback lines, public access roads and turnout locations, substation(s), operations and maintenance buildings, electrical cabling to the substation(s), ancillary equipment, third party transmission lines, the location of any wetlands, flood plain, drainage structures including surface ditches and subsurface drainage lines, underground mines, scenic and natural areas within one thousand five hundred (1,500) feet of the proposed commercial solar energy facility, and the layout of all structures within the geographical boundaries of any applicable setback;

         d.   A proposed decommissioning plan for the commercial solar energy facility;

         e.   All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this section;

         f.   An agricultural impact mitigation agreement (AIMA) executed between the applicant and the Illinois department of agriculture;

         g.   The topographic map shall include the commercial solar energy facility site and the surrounding area;

         h.   Any other information normally required by the county as part of its permitting requirements for siting buildings or other structures, including but not limited to a stormwater management plan approved by the Lee County engineer and a natural resources information report as prepared by Lee County soil and water conservation district;

         i.   Waivers from the setback requirements executed by the occupied community building owners and/or the non-participating property owners bearing a file stamp from the county recorder of deeds office confirming that the waiver was recorded against title to the affected real property.

         j.   Results and recommendations from the Illinois Dept. of natural resources obtained through the ecological compliance assessment tool or a comparable successor tool.

         k.   Results of any United States fish and wildlife service's Information for planning and consulting environmental review or a comparable successor tool that is consistent with any applicable United States fish and wildlife service's solar wildlife guidelines.

         l.   Information demonstrating that the commercial solar energy facility will avoid protected lands.

         m.   Any other information requested by the county or the county consultants that is necessary to evaluate the siting application and operation of the commercial solar energy facility and to demonstrate that the commercial solar energy facility meets each of the regulations in this section, including the special use permit standards set forth below.

      3.   Material changes to the application are not permitted once the notice of the public hearing has been published, unless requested or permitted by the county; and

      4.   The applicant shall submit twelve (12) copies of the special use permit application to the county, and at least one (1) copy in electronic format.

   E.   Design And Installation. The design standards and bulk regulations listed in § 10-9-3 of the Lee County code for setbacks, lot size, lot coverage, lot area, height; § 10-14-3 of the Lee County code for fences, § 10-13-2 of the Lee County code for landscaping, and § 10-12-10 of the Lee County code for signage, shall be suspended for a commercial solar energy facility and the following regulations shall apply instead. All other design standards and bulk regulations of the district shall apply.

      1.   Design Safety Certification:

         a.   Commercial solar energy facilities shall conform to applicable industry standards, including those of the American national standards institute ("ANSI"). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from underwriters laboratories ("UL"), or an equivalent third party. All solar panels, cells and modules; solar panel mounts and racking, including any helical piles, ground screws, ballasts, or other anchoring systems shall be new equipment commercially available; no used or experimental equipment shall be used without the approval of a variance by the county board.

         b.   Following the granting of siting approval under this section, a structural engineer shall certify, as part of the commercial solar energy facility building permit application process, that the design of the commercial solar energy facility is within accepted professional standards, given local soil, subsurface and climate conditions.

      2.   Electrical Components. All electrical components of the commercial solar energy facility shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g., ANSI and International electrical commission).

      3.   Height. No component of a solar panel, cell or modules may exceed twenty (20) feet in height above the ground at full tilt.

      4.   Aesthetics And Lighting.

         a.   Visual Screening: To help minimize the visual impacts of a commercial solar energy facility on nonparticipating residences, from a single-story dwelling viewpoint, located within one-quarter (¼) mile, of any component of the facility including fencing, of the non-participating residence's foundation. Screening shall be provided as follows:

            (1)   Platted Subdivisions. A platted subdivision shall have a visual screen designed, installed, maintained, and ultimately removed by the applicant at the time of decommissioning. The visual screen will be installed on the property leased by the commercial solar energy facility, immediately adjacent to the exterior of the required fencing.

            (2)   Non-participating Residences, Excluding Platted Subdivisions. Subject to the provision of this paragraph, a visual screening option shall be provided by the applicant to the owner of any non-participating residence.

               (A)   The visual screening option shall provide the following options:

                  i.   The owner of any non-participating residence, at their discretion, may elect to receive a one-time payment from the applicant equal to the cost of design, installation, maintenance, and removal of a visual screen in lieu of the actual visual screen. This option shall be detailed in writing by the applicant, including a proposed design and budgetary estimate for the design, installation, maintenance, and removal of the visual screen, as prepared by an Illinois registered landscape architect. This one (1) time payment allows for the owner of the non-participating residence to install the visual screen on their own property if and as they desire. This one (1) time payment shall be paid prior to the issuance of any building permit, and proof of payment shall be provided to the zoning administrator.

                  ii.   Alternatively, the owner of any non-participating residence, at their discretion, may request a visual screen be designed, installed, maintained and ultimately removed by the applicant at the time of decommissioning. If this option is chosen, the visual screen will be installed on the property being leased by the commercial solar energy facility, immediately adjacent to the exterior of the required fencing.

                  iii.   If the owner of any non-participating dwelling does not elect one of the above two (2) options, the second option which allows for the design, installation, maintenance, and removal of a vegetative screen shall apply.

                  iv.   A minimum of thirty (30) days prior to the issuance of any building permit, the applicant shall provide a signed copy of a memorandum of understanding to the zoning administrator, outlining the terms of the visual screening option as agreed upon by the applicant and owner of any non-participating residence.

               (B)   Standards For A Visual Screen Are As Follows:

                  i.   A visual screen shall be in the form of vegetative landscaping, opaque fencing, or approved combination thereof, as agreed upon by the owner of any non-participating residence and the applicant.

                  ii.   All visual screens shall be designed and prepared by an Illinois registered landscape architect.

                  iii.   Any fencing used as part of a visual screen must be built in accordance with § 10-14 of the Lee County code.

                  iv.   All vegetation shall be planted at a minimum of three (3) feet tall and must reach a minimum height of eight (8) feet within four (4) years of planting.

                  v.   If the vegetation, or any portion thereof, that has been installed by the applicant does not maintain a height of eight (8) feet any time after its fourth (4th) year of being planted, the visual screen, or affected portion, shall be replaced by the applicant at the start of the next growing season.

                  vi.   All visual screens that are installed by the applicant shall be maintained in good condition by the applicant at all times, for the life of the project.

                  vi.   The visual screen shall be installed as early as possible, during the construction phase of the commercial solar energy facility.

               (C)   A visual screen shall not be required where it is found that natural topography effectively screens a non-participating residence from a commercial solar energy facility. If existing topography provides partial screening from a commercial solar energy facility, then a visual screen shall be installed to provide screening in accordance with this section.

         b.   Lighting: If lighting is provided at the commercial solar energy facility, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel.

         c.   Intra-project Power And Communication Lines:

            (1)   All power lines used to collect power and all communication lines shall be buried underground at a depth in accordance with the agricultural impact mitigation agreement until same reach the property line or a substation adjacent to the property line.

            (2)   When power lines used to collect power and communication lines are buried underground, the county zoning administrator, when or after granting a building permit, may grant variances when shallow bedrock, watercourses, or other elements of natural landscape interfere with the ability to bury said line(s).

            (3)   If the power lines used to collect power and communication lines are not buried, a solar cable management system, or similar technology, must be utilized.

      5.   Fencing.

         a.   Unless otherwise provided in this section, security fencing having a minimum height of six (6) feet shall be installed, maintained, and secured around the commercial solar energy facility, in compliance with the national electric code requirements for fencing.

         b.   At the request of the nonparticipating resident, an eight (8) foot high woven wire fence may be substituted around an adjacent, nonparticipating property.

         c.   Fencing is not required between participating properties.

         d.   Fencing shall contain appropriate warning signage that is in accordance with NESC and ANSI Z535 safety sign standards and OSHA regulations.

      6.   Warnings.

         a.   A reasonably visible warning sign concerning voltage, that is in accordance with NESC and ANSI Z535 safety sign standards and OSHA regulations, must be placed at the base of all pad-mounted transformers and substations, and at all entrances.

         b.   Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of fifteen (15) feet from the ground.

      7.   Setback Requirements.

         a.   The commercial solar energy facility shall be sited as follows, with setback distances measured from the nearest edge of any component of the facility, including fencing:

            (1)   Occupied community buildings and dwellings on nonparticipating properties: one hundred fifty (150) feet to the nearest point on the outside wall of the structure.

            (2)   Nonparticipating Residences: one hundred fifty (150) feet to the nearest point on the outside wall of the structure.

            (3)   Boundary Lines Of Participating Property: None.

            (4)   Boundary Lines Of Nonparticipating Property: fifty (50) feet to the nearest point on the property line of the nonparticipating property.

            (5)   Public Road Rights-Of-Way: fifty (50) feet from the nearest edge of the public road right-of-way.

         b.   The setback requirements for nonparticipating properties may be waived by the written consent of the owner(s) of each affected nonparticipating property.

         c.   The applicant does not need to obtain a variance from the county upon waiver by the property owner of any of the above setback requirements. Any waiver of any of the above setback requirements shall run with the land and be recorded with the recorder of deeds of the county.

      8.   Compliance with additional regulations. Nothing in this section is intended to preempt other applicable state and federal laws and regulations.

      9.   Use Of Public Roads.

         a.   Road Use Agreement Approval Requirements.

            (1)   A road use agreement (RUA) shall be approved by the developer and the county board not less than thirty (30) days prior to the issuance of the building permits for the commercial solar energy facility.

         b.   Agreement Contents.

            (1)   The contents of the road use agreement shall include, but not be limited to the following:

               (A)   Transportation impact analysis (TIA) that details the expected construction routes and the ESAL count per roadway segment. Core samples, or non-destructive testing methods, as approved by the county engineer, shall be used to determine the base and surface thickness of each public roadway used. In addition, all bridges and culverts on the construction routes shall be identified and evaluated for structural adequacy. Adequate exhibits shall be included so that the full impact on the public roadways within the project footprint can be determined.

               (B)   Requirements that regulate the construction traffic impacts.

               (C)   Requirements for repairing damage to the roadway base, surface and appurtenances, in addition to providing for roadway surface upgrades.

               (D)   Governing practices regarding utility installations on or near the rights of way.

               (E)   County requirements that include providing permits when proper information is provided by the developer.

               (F)   Requirement for a certificate of liability insurance for ten million dollars ($10,000,000) per occurrence.

               (G)   Requirement for a security instrument in the amount of one hundred twenty-five percent (125%) of the estimated roadway base damage repair and roadway surface repairs and upgrades.

         c.   Consulting Fund. Not less than thirty (30) days after zoning has been granted, an initial engineering and legal fee of no less than one hundred thousand dollars ($100,000) shall be deposited into the county treasury (the consulting fund) to cover all engineering consulting and legal fees incurred by the county for the duration of the project from conception to completion. The amount of the initial engineering and legal fee may be adjusted at the discretion of the county engineer based on the size of the proposed project. Additional funds shall be required, as deemed necessary by the county engineer. Monies remaining in the consulting fund at the completion of the project will be refunded back to the commercial solar energy facility.

      10.   Site Assessment. To ensure that the subsurface conditions of the site will provide proper support for the commercial solar energy facility and soil restoration, the applicant, at its expense, shall provide soil and geotechnical boring reports to the county engineer as part of its commercial solar energy facility building permit. The applicant shall follow the guidelines for conservation practices impact mitigation submitted by the Lee County soil and water conservation district (or equivalent regulatory agency). Also, the applicant shall submit grading plans for the proposed substations for review and comment by the Lee County soil and water conservation district prior to the issuance of any commercial solar energy facility building permit for the construction of said substations.

      11.   Noise Levels. Noise levels from commercial solar energy facilities shall comply with applicable Illinois pollution control board (IPCB) regulations. The applicant shall submit manufacturer's sound power level characteristics and other relevant data regarding noise characteristics necessary for a competent noise analysis. The applicant, using a qualified professional, shall appropriately demonstrate compliance with the applicable noise requirements in its special use permit application. A report confirming compliance shall be provided to the Lee County zoning administrator, within fifteen (15) days of issuance.

      12.   Agricultural Impact Mitigation. Pursuant to 505 ILCS 147/15(a), the applicant, at its expense, shall enter into an agricultural impact mitigation agreement with the Illinois department of agriculture prior to any public hearing required before a siting decision on the commercial solar energy facility application. All impacted agricultural land, whether impacted during construction, operation, or decommissioning activities, must, at a minimum, be remediated by the applicant pursuant to the terms of the agricultural impact mitigation agreement with the Illinois department of agriculture. The applicant shall submit the executed agricultural impact mitigation agreement to the county as part of the special use permit application.

      13.   As-Built Map And Plans. Within sixty (60) calendar days of completion of construction of the commercial solar energy facility, the applicant or operator shall deliver to the Lee County zoning administrator and Lee County supervisor of assessments, "as-built" maps, site plan and engineering plans for the commercial solar energy facility that have been signed and stamped by a professional engineer and a licensed surveyor.

      14.   Engineer's Certificate. The commercial solar energy facility engineer's certificate shall be completed by a structural engineer registered in the State of Illinois or by a professional engineer with a certification from a structural engineer registered in the State of Illinois and shall certify that the specific soils and subsurface conditions at the site can support the apparatus, given local soil, subsurface and climate conditions. The commercial solar energy facility engineer's certificate shall be a public record and shall be submitted as part of the special use permit application.

      15.   Outdoor Storage. Only the outdoor storage of materials, vehicles and equipment that directly support the operation and maintenance of the commercial solar energy facility shall be allowed, except for outdoor storage that is otherwise expressly allowed in the zoning district as specified herein. The zoning administrator, or their designee, shall have the discretion to determine whether outdoor storage complies with this provision.

      16.   Hours Of Construction. During construction of the commercial solar Energy facility, construction activities shall commence no earlier than seven o’clock (7:00) A.M. and shall be discontinued no later than eight o’clock (8:00) P.M., within one-quarter (1/4) miles of a nonparticipating residence, unless a written waiver is obtained by the affected nonparticipating resident.

      17.   Conformance With Approved Application And Plans. The applicant shall construct and operate the commercial solar energy facility in substantial conformance with the construction plans contained in a county approved, special use permit application(s), conditions placed upon the operation of the Facility, this section and all applicable state, federal, and local laws and regulations.

      18.   Additional Terms And Conditions.

         a.   All technical submissions as defined in the professional engineering practice act of 1989 (225 ILCS 325/4(w)) and contained in the special use permit application shall be prepared and signed by an Illinois professional engineer (or structural engineer) for the relevant discipline.

         b.   The county may retain a qualified, independent code inspector or professional engineer both to make appropriate inspections of the commercial solar energy facility during and after construction and to consult with the county to confirm that the construction, substantial repair, replacement, repowering and/or decommissioning of the commercial solar energy facility is performed in compliance with applicable electrical and building codes. The cost and fees incurred by the county in retaining said inspector or engineer shall be promptly reimbursed by the applicant of the commercial solar energy facility.

         c.   The special use permit granted to the applicant shall bind and inure to the benefit of the applicant, its successors-in-interest, and assigns. If any provision in this section, or conditions placed upon the operation of the commercial solar energy facility is held invalid, such invalidity shall not affect any other provision of this section that can be given effect without the invalid provision and, to this end, the provisions in this section are severable.

         d.   The applicant shall provide an executed road use agreement between the applicant and the appropriate governing road and highway jurisdictions or the Illinois department of transportation, to the Lee County board showing approved entrances, a minimum of thirty (30) days prior to the issuance of any commercial solar energy facility building permit.

   F.   Operation.

      1.   Maintenance

         a.   Annual Report. The applicant must submit, on an annual basis on the anniversary date of the special use permit application, an operation and maintenance report to the county. The report shall contain the following information: (i) a general description of any physical repairs, replacements or modification(s) to the commercial solar energy facility and/or its infrastructure; (ii) complaints pertaining to setbacks, noise, appearance, safety, lighting and use of any public roads received by the applicant concerning the commercial solar energy facility and the resolution of such complaints; (iii) calls for emergency services; (iv) status of liability insurance; (v) a general summary of service calls to the commercial solar energy facility; (vi) contact information for current owner(s), operator(s), project manager(s) and primary contact person; and (vii) any updates to the emergency response plan. Failure to provide the annual report shall be considered a material violation of this section and subject to division I. (Remedies).

         b.   Re-Certification. Any physical modification to the commercial solar energy facility that alters the mechanical load, mechanical load path, or major electrical components shall require re-certification under division E. (design and installation), paragraph 1 (design safety certification), of this section. Like-kind replacements and modifications that are made in the ordinary course of operations, including expected repairs and warranty items, shall not require re-certification. Prior to making any physical modification (other than a like-kind replacement or other modifications made in the ordinary course of operations), the applicant shall confer with a relevant third-party certifying entity identified in division E. (design and installation), paragraph 1 (design safety certification), of this section to determine whether the physical modification requires re-certification.

      2.   Coordination With Emergency Responders:

         a.   The applicant shall submit to the local emergency responders a copy of the site plan, standard operating procedures (SOPs) and standard operating guidelines (SOGs), and any amendments to such documents, for the commercial solar energy facility so that the local law enforcement, fire protection district and rescue units, emergency medical service providers and emergency management service providers that have jurisdiction over each commercial solar energy facility site may evaluate and coordinate their emergency response plans with the applicant of the commercial solar energy facility.

         b.   The applicant, at its expense, shall provide annual training for and the necessary equipment to, the operator and local emergency response authorities and their personnel so that they can properly respond to a potential emergency at the commercial solar energy facility.

         c.   The applicant and the operator shall cooperate with all local emergency responders to develop an emergency response plan. The plan shall include, at a minimum, twenty-four (24) hour contact information (names, titles, email addresses, cell phone numbers) for the applicant and the operator and at least three (3) designated commercial solar energy facility representatives (a primary representative with two (2) alternate representatives, each of whom are on-call "twenty-four (24) hours per day/seven (7) days per week/three hundred sixty-five (365) days per year"). Any change in the designated commercial solar energy facility representative or his/her contact information shall be promptly communicated to the county. The content of the emergency response plan, including the twenty-four (24) hour contact information, shall be reviewed and updated on an annual basis.

         d.   Nothing in this section shall alleviate the need to comply with all other applicable life safety, fire/emergency laws and regulations.

      3.   Water, Sewer, Materials Handling, Storage And Disposal

         a.   All solid waste related to the construction, operation and maintenance of the commercial solar energy facility shall be removed from the site promptly and disposed of in accordance with all federal, state and local laws.

         b.   All hazardous materials related to the construction, operation and maintenance of the commercial solar energy facility shall be handled, stored, transported and disposed of in accordance with all applicable local, state and federal laws.

         c.   The commercial solar energy facility shall comply with existing septic and well regulations as required by the county health department and the State of Illinois department of public health.

      4.   Points of Contact. The applicant, operator, and/or owner shall maintain with the Lee County zoning administrator and Lee County sheriff's department a primary point of contact and two (2) secondary points of contact. This information shall always be kept current, and changes shall be reported within seven (7) days of change.

      5.   Signage. Signage regulations are to be consistent with ANSI, NESC and OSHA standards. A reasonably visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations, and at all entrances to, and along the perimeter of, the commercial solar energy facility. The signs at the entrances to the facility shall include the facility's 911 address and a twenty-four (24) hour emergency contact number.

      6.   Drainage Systems. The applicant, at its expense, will repair, in a prompt and timely manner, all waterways, drainage ditches, agricultural drainage systems, field tiles, or any other private and public infrastructure improvements damaged during construction, maintenance and operation phases of the commercial solar energy facility in accordance with the agricultural impact mitigation agreement.

   G.   Liability Insurance And Indemnification.

      1.   Liability Insurance. Commencing with the issuance of a commercial solar energy facility building permit, the applicant shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death and illness, and property damage with limits of at least five million dollars ($5,000,000) per occurrence and in the aggregate; and, shall further maintain the above-stated lines of insurance from delivery of the notice to proceed by the applicant for the commercial solar energy facility, in coverage amounts of at least five million dollars ($5,000,000) per occurrence and twenty million dollars ($20,000,000) in the aggregate during the life of the commercial solar energy facility. The applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a commercial solar energy facility building permit, corresponding policies and endorsements to be provided within sixty (60) days of issuance, and at each subsequent renewal, at least annually thereafter.

      2.   Standard Conditions For Liability Insurance

         a.   General Liability Insurance

            (1)   The County of Lee, Illinois, its officers and employees shall be included as an additional insured on the general liability policy on a primary and non-contributory basis for both ongoing and completed operations. A minimum of a three (3) year extended reporting period is required for all claims-made policies.

            (2)   The County of Lee, Illinois, its officers and employees shall be named as additional insured with a waiver of subrogation on the commercial liability policy.

            (3)   Any commercial umbrella utilized shall be a "following form" policy.

            (4)   All policies must contain no more than thirty (30) day notice of cancellation.

            (5)   Current copies of the insurance policies and certificates of insurance shall be kept on file with the zoning administrator.

         b.   Maintenance Of General Liability Insurance.

            (1)   The applicant of the commercial solar energy facility shall maintain a current general liability policy covering bodily injury and property damage with minimum limits of at least five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate.

            (2)   The applicant of the commercial solar energy facility shall maintain a current commercial auto policy of at least one million dollars ($1,000,000).

            (3)   The applicant of the commercial solar energy facility shall maintain workman's compensation insurance in the following amounts:

               (A)   One million dollars ($1,000,000) per accident;

               (B)   Occupational Disease: One million dollars ($1,000,000) per employee with a policy limit of one million dollars ($1,000,000).

         c.   Pollution liability insurance shall be maintained in the amount of five million dollars ($5,000,000) per policy.

         d.   The general liability policy shall identify landowners included in the special use permit as additional insured.

      3.   The applicant shall defend, indemnify and hold harmless the County of Lee and its officers, appointed and elected officials, employees, attorneys, engineers and agents (collectively and individually, the "indemnified parties") from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance and removal of the commercial solar energy facility including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence) or any acts or omissions of the applicant, the owner or the operator under this section or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities arise from the negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the county's other indemnification rights available under the law.

   H.   Decommissioning And Site Reclamation Plan Required. Applicant (or owner, if different from applicant) must submit a decommissioning plan with cost estimation to the county as part of the siting application and provide testimony supporting the calculation of costs provided in said plan during the public hearing on the application. Prior to receiving any building permit for the commercial solar energy facility, the applicant or owner shall provide a decommissioning agreement and post the required financial assurances for the benefit of the county. The decommissioning agreement and financial assurances shall comply with 55 ILCS 5/5-12020. Periodically, and as required by the agricultural impact mitigation agreement, the owner must update the decommissioning plan, cost estimations and provide updated financial assurances to the benefit of the county.

   I.   Remedies.

      1.   The applicant's failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the project, and/or failure to comply with any law or regulation shall be a default and shall be grounds for revocation of the special use permit by the county board.

      2.   Prior to implementation of the applicable county procedures for the resolution of default(s), the county board must first provide written notice to the applicant and operator, setting forth the alleged default(s) and provide an opportunity for the applicant or the operator to cure the default(s) within a thirty(30) calendar day period from the date of the notice. Should the Applicant commence the cure within that thirty (30) day cure period, and diligently pursues a cure, then the applicant shall receive an additional sixty (60) days to continue to pursue the cure before the county pursues procedures for the resolution of default. If the default relates to a life safety issue or interference with local, government public safety (police, fire, emergency medical services, emergency management services, 911 dispatch) communications, the applicant or the operator shall take all necessary and available commercial measures to immediately cure the default. If the applicant or operator cannot cure the default(s) or resolve the alleged default(s) within the cure period, then applicable county ordinance provisions addressing the resolution of such default(s) shall govern.

   J.   Fee Schedule And Permitting Processes.

      1.   Application Fees.

         a.   Prior to processing any application for a commercial solar energy facility, the applicant must submit a certified check to the county for the application fee equal to five thousand dollars ($5,000) per megawatt (mW) of proposed nameplate capacity, up to a maximum fee of one hundred thousand dollars ($100,000). These funds shall be placed in an FDIC insured account and will be used to cover the county's cost incurred in processing the application.

         b.   Should the actual costs to the county exceed the submitted application Fee, the applicant shall be responsible for those additional costs and shall remit additional funds to the county within fifteen (15) days of receipt of a request from the county. No hearings on an application shall be conducted nor final decisions rendered on an application if there are application fees due to the county.

         c.   Any unused amounts of the application fee shall be refunded to the Applicant within six (6) months of the county board rendering a final decision on the matter, unless any pending litigation, disputes or negotiations involving the county exist regarding the commercial solar energy facility, in which case any amounts owed to the applicant shall be refunded within six (6) months of the conclusion of the litigation, disputes or negotiations. An applicant may request any unused application fee be applied toward the building permit fees for the Facility.

      2.   Building Permit Fees. Prior to the issuance of building permits, the building permit applicant must deposit a building permit fee in an amount determined by Lee County board resolution.

      3.   All Costs To Be Paid By Applicant Or Owner. In addition to all fees noted above, the applicant or owner shall pay all costs incurred by the county, including but not limited to, those costs associated with all offices, boards and commissions of the county, and third-party costs incurred by the county. This includes, but is not limited to, the direct or indirect costs associated with the hearing, permitting, operations, inspections, decommissioning, litigation, disputes, and/ or negotiations.

   K.   Hearing Facilitator. The county may engage the services of a hearing facilitator. The hearing facilitator shall be an independent contractor who shall conduct a hearing in accordance with all applicable rules of the board and the county but has no adjudicatory responsibility other than ruling on requests for continuances, procedural matters, admissibility of evidence and the propriety of any arguments.

      The hearing facilitator shall be an attorney, licensed to practice in the State of Illinois. The applicant shall reimburse the county for the fees and costs charged by the facilitator.

   L.   Hearing Factors. The county board may approve a commercial solar energy facility special use permit application, if it finds the evidence complies with state and federal law and regulations, and with the standards of this zoning code including the factors listed below. The factors below are applied as a balancing test, not individual requirements to be met.

      1.   The establishment, maintenance or operation of the commercial solar energy facility will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

      2.   The commercial solar energy facility will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values of surrounding properties;

      3.   The establishment of the commercial solar energy facility will not impede the normal and orderly development and improvement of the surrounding properties;

      4.   Adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided;

      5.   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

      6.   The proposed commercial solar energy facility is not contrary to the objectives of the current comprehensive plan of the county (if any); and

      7.   The commercial solar energy facility shall, in all other respects, conform to the applicable regulations of this section and the zoning district in which it is located (if a zoning ordinance is in effect), except as such regulations may, in each instance, be modified pursuant to the recommendations of and approved by the county board.

         a.   Special Use Permit Conditions And Restrictions. The county board may stipulate conditions, guarantees and restrictions, upon the establishment, location, construction, maintenance, and operation of the commercial solar energy facility as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of this section.

         b.   Revocation.

            (A)   In any case where a special use permit has been approved for a commercial solar energy facility, the applicant shall apply for a commercial solar energy facility building permit from the county and all other permits required by other government or regulatory agencies to commence construction, and commence and actively pursue construction of the project within thirty-six (36) months from the date of the granting of the special use permit. If the applicant fails to apply for a commercial solar energy facility building permit from the county and all other permits required by other government or regulatory agencies prior to construction and/or fails to commence and actively pursue construction of the project within the thirty-six (36) month period, then without further action by the county board, the special use permit authorizing the construction and operation of the commercial solar energy facility shall be automatically revoked and void. Upon written request supported by evidence that the applicant has diligently pursued issuance of all necessary government and regulatory permits for the project required to commence construction and that any delay in commencement of construction of the project is due to conditions out of his/her/its control, the county board, in its sole discretion, may extend the above thirty-six (36) month period by passage of an ordinance that amends the special use permit.

            (B)   The special use permit shall be subject to revocation if the applicant dissolves or ceases to do business, abandons the commercial solar energy facility or the commercial solar energy facility ceases to operate for more than twelve (12) consecutive months for any reason.

            (C)   Subject to the provisions of division I. (remedies), a special use permit may be revoked by the county board if the commercial solar energy facility is not constructed, installed and/or operated in substantial conformance with the county-approved project plans, the regulations of this section and the stipulated special use permit conditions and restrictions.

         c.   Transferability; Owner Or Commercial Solar Energy Facility Permittee. The applicant shall provide written notification to the county board at least thirty (30) days prior to any change in ownership of a commercial solar energy facility of any such change in ownership. The phrase "change in ownership of a commercial solar energy facility" includes any kind of assignment, sale; lease, transfer or other conveyance of ownership or operating control of the applicant, the commercial solar energy facility or any portion thereof. The applicant or successors-in-interest or assignees of the special use permit, as applicable, shall remain liable for compliance with all conditions, restrictions and obligations contained in the special use permit, the provisions of this section and applicable county, state and federal laws.

         d.   Modification. Any modification of a commercial solar energy facility that alters or changes the essential character or operation of the commercial solar energy facility in a way not intended at the time the special use permit was granted, or as subsequently amended, shall require a new special use permit. The applicant, or authorized representative, shall apply for an amended special use permit prior to any modification of the commercial solar energy facility.

         e.   Permit Effective Date: The special use permit shall become effective upon approval of the ordinance by the county board.

   M.   Interpretation. The provisions of these regulations shall be held to the minimum requirements adopted for the promotion and preservation of public health, safety and general welfare of Lee County. These regulations are not intended to repeal, abrogate, annul or in any manner interfere with existing regulations or laws of Lee County nor conflict with any statutes of the State of Illinois. (Ord. 12-17-002, 12-19-2017; amd. Ord. 11-20-004, 11-19-2020; Ord.07-21-004, 7-5-2021; Ord. 11-22-008, 11-22-2022; Ord. 2023-05-003, 5-25-2023; Ord. 2023-07-008, 7-20-2023; Ord. 2025-05-006, 5-22-2025)

The purpose of this ordinance is to facilitate the construction, installation, and operation of solar energy systems as an accessory use in Lee County that promotes the right to clean energy and access to solar power; and ensures the protection of public health, safety, and welfare by encouraging the development and use of solar energy systems in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of preventing the use of solar energy systems on any home that is subject to a homeowners' association, common interest community association, or condominium unit owners' association. This chapter is not intended to replace safety, health, or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law.

   A.   Definitions:

SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four (4) hours between the hours of nine o’clock (9:00) a.m. and three o’clock (3:00) p.m. standard time on all days of the year.

   B.   Solar Permit And Fees:

      1.   Construction Of Solar Energy Systems As An Accessory Use: No person shall construct or operate a solar energy system as an accessory use without having fully complied with all the provisions of this chapter.

      2.   Permits Required: No person shall construct or operate a solar energy system as an accessory use without first obtaining a building permit and, if necessary, a special use permit.

      3.   Permitted Use: A solar energy system as an accessory use may be permitted in all zoning districts, in accordance with the following regulations and design standards.

      4.   Review Of Solar Permit Applications: Except as otherwise set forth in this chapter, solar permit applications with respect to solar energy systems that are a permitted accessory use shall be made to the Lee County zoning administrator and reviewed for approval by the Lee County zoning administrator.

      5.   Application Plans: Except as otherwise set forth in this chapter, every solar permit application for the construction, alteration or relocation of a solar energy system shall be accompanied with a written plan and drawing for the proposed solar energy system. The written plan shall:

         a.   Identify the owner of the property upon which the proposed solar energy system will be located.

         b.   Identify the owner and operator of the proposed solar energy system, if not the same as the owner of the property upon which the proposed solar energy system will be located.

         c.   Indicate the zoning classification of the property and whether the solar energy system will be an accessory or principal use.

         d.   Include to-scale horizontal and vertical drawings showing all buildings and accessory structures located on the property, all adjoining roadways, the location of the solar energy system on the building or on the property, including all set-back and property lines, the elevation of the solar energy system, and the location and types of all screening.

         e.   For roof mount solar energy systems other than a flat roof, the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.

         f.   Indicate the total wattage anticipated to be generated by the solar energy system.

         g.   Indicate whether the applicant has obtained an interconnection agreement with the electric utility in whose service territory the solar energy system is located, whether the electricity generated will be distributed privately, or whether the electricity generated will be used on site.

         h.   Identify the name of the installer of the solar energy system.

      No solar permit shall be issued except after approval of the written plan and drawing and after payment of the fees as provided.

      6.   Abandonment: Any solar energy system as an accessory use that is no longer in use or that is visibly damaged or in disrepair for a period of one year, shall be removed by the property owner, at the expense of the property owner, within thirty (30) days of the one (1) year period.

      7.   Fee Surcharge: Any person who constructs, alters, relocates or demolishes a solar energy system prior to the application, payment and issuance of a solar permit as required herein shall be charged three (3) times the application fee.

   C.   Accessory Use:

      1.   Permitted Accessory Use: The following solar energy systems shall be allowed as a permitted accessory use in all zoning districts within the county when used exclusively for non-commercial purposes:

         a.   A ground mount solar energy system.

         b.   A roof mount solar energy system.

         c.   A building-integrated solar energy system.

      2.   Requirements: Solar energy systems under this section shall be subject to the following requirements:

         a.   No solar energy system that is an accessory use may be erected prior to the establishment or construction of the main building to which such system is accessory.

         b.   All solar energy systems that are constructed as an accessory use shall not be larger than necessary to provide one hundred twenty percent (120%) of the electrical requirements of the structure to which it accessory, as determined by a contractor licensed to install photovoltaic solar energy systems.

         c.   Height: The following height requirements shall be met:

            (1)    Building or roof mount solar energy systems shall not exceed the maximum allowed height in their respective zoning district.

            (2)   Ground mount solar energy systems shall not exceed ten (10) feet in height when oriented at maximum tilt.

         d.   Setback: All minimum setback requirements for the zoning district in which the solar energy system is in use must be satisfied, in addition to:

            (1)   Roof mount or building-integrated solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built.

            (2)   Ground mount solar energy systems shall not extend into the side yard or rear setback when oriented at minimum design tilt.

            (3)   No ground mount solar energy systems shall be allowed in the front yard of any property.

         e.   Visibility: Solar energy systems shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. A solar energy system may be screened from routine view through use of fencing, shrubbery, trees, or such other landscaping or building as may be necessary to satisfy the visibility requirements herein. The color of the solar collector and solar mounting devices shall be consistent with other roofing materials. The visibility requirements as set forth herein are also subject to the following:

            (1)   Building-integrated solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the building component in which the system is integrated meets all required set-back, land use or performance standards for the zoning district in which the building is located.

            (2)   Roof mount solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided that the highest finished pitch is no steeper than the roof pitch on which the system is mounted, and shall be no higher than twelve (12) inches above the roof.

            (3)   Solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.

         f.   Glare: Solar energy systems shall be designed, constructed and sited to minimize or prevent glare and/or reflections on adjacent properties and roadways, and shall not materially and negatively impact the use thereon. A solar energy system shall not interfere with traffic, including air traffic, or otherwise create a safety hazard. In the event that reasonable glare and/or reflection concerns are raised within the county, the owner will take actions to address those concerns, including but not limited to additional screening or otherwise modifying the solar energy system.

         g.   Miscellaneous:

            (1)   Roof mount solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes to the roof upon which the systems are mounted.

            (2)   Roof mount solar energy systems shall not be constructed in any manner which creates an unreasonable risk of falling ice or snow, or which causes water to flow directly from any solar collector to ground level.

            (3)   Ground mount solar energy systems approved as an accessory use in any residential or commercial districts shall not be larger than the lesser of (i) half the building footprint of the main building on the property, or (ii) six hundred twenty-five (625) square feet. Ground mount solar energy systems approved as an accessory use in any agricultural or industrial districts are exempt from this provision.

            (4)   No ground mount solar energy system shall be constructed in a manner which increases water drainage flow to any adjacent property. If it appears that there is a risk of increased water drainage flow, the county zoning administrator may require the installation and maintenance of appropriate groundcover or detention areas to mitigate any such risk. If the applicant provides a written report from a qualified professional engineer indicating that the proposed ground mount solar energy system will not increase water drainage flow to adjacent property, the requirement shall be deemed satisfied for purposes of issuance of the solar permit only.

            (5)   Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of state or federal historic designation) must be consistent with the standards for solar energy systems on historically designated buildings published by the U.S. department of interior.

            (6)   Solar energy systems must be certified by a third-party for safety, performance and quality through a UL (formerly underwriters laboratories) listing or approved equivalent and solar hot water systems must have an SRCC (solar rating and certification company) rating.

            (7)   Solar energy systems shall comply with all applicable local and state building, electric and plumbing codes.

      3.   Special Use Permit: Solar energy systems permitted under subsection (A) of this section that demonstrate that the requirements in subsection (B) cannot be met without materially diminishing the minimum reasonable performance of the solar energy system, as that term is defined herein, may request a special use permit from the county.

         a.   Minimum Reasonable Performance: The standards for the minimum reasonable performance of certain solar energy systems are as follows:

            (1)   Fixed-Mount Active Solar Energy Systems: They should be mounted to face within forty-five (45) degrees of south (one hundred eighty-five (185) degrees azimuth).

            (2)   Solar Electric (Photovoltaic) Systems: The solar collectors should have a pitch between twenty (20) and sixty-five (65) degrees.

            (3)   Location Of All Solar Energy Systems: The solar energy system should be located where the lot or building has a solar resource, as defined herein.

         b.   Special Use Permit: A special use permit shall be granted, regardless of whether the requirements in subsection (B) are not met, if the applicant demonstrates that the minimum reasonable performance of the solar energy system is materially diminished and that the following conditions are present:

            (1)   Safety Conditions: The solar energy system must meet all applicable local, state, and federal health and safety standards.

            (2)   Aesthetic Conditions: The solar energy system must be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys to the maximum extent possible, while still allowing the system to be mounted for efficient performance.

            (3)   Non-Tracking Ground Mount Systems: Pole or ground mount solar energy systems must be set back from the property line by a minimum of five feet (5').

      4.   Restrictions On Solar Energy Systems Limited: Nothing in this chapter shall be deemed a limitation upon any homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within the county that prohibit or restrict homeowners from installing solar energy systems. (Ord. 05-22-002, 5-19-2022; amd. Ord. 2025-05-006, 5-22-2025)