Marissa City Zoning Code

SOLAR ENERGY

SYSTEMS

§ 154.220 PURPOSE.

(A) The purpose of this subchapter is to facilitate the construction, installation, and operation of the solar energy systems (SES) in the village in a manner that promotes economic development and ensures the protection of health, safety, and welfare while also avoiding adverse impacts to important areas such as agricultural lands, endangered species habitats, conservation lands, and other sensitive lands.

(B) It is the intent of this subchapter to encourage the development of SESs that reduce reliance on foreign and out-of-state energy resources, and bolster economic development and job creation. This subchapter is not intended to abridge safety, health, or environmental requirements contained in other applicable codes, standards, or ordinances.

(Prior Code, § 40-5-21) (Ord. 2018-10, passed 8-20-2018)

§ 154.221 DEFINITIONS.

The definitions of § 254.007(B) shall apply to this subchapter.

(Prior Code, § 40-5-22) (Ord. 2018-10, passed 8-20-2018)

§ 154.222 MOUNTS PERMITTED AS AN ACCESSORY USE.

(A) Ground-mount and roof-mount (SES) shall be permitted by a building permit in all zoning districts where there is a principal structure.

(B) An application shall be submitted to the Zoning Administrator demonstrating compliance with the existing Zoning Code in addition to the following requirements below.

(1) Height.

(a) Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height for principal structures in any zoning district.

(b) Ground- or pole-mounted solar energy systems shall not exceed 20 feet in height when oriented at maximum tilt.

(2) Setbacks.

(a) Ground-mounted solar energy systems shall meet the accessory structure setbacks for the zoning district in which the unit is located.

(b) Ground-mounted solar energy systems shall not extend beyond the side yard or rear yard setback when oriented at minimum design tilt.

(c) In addition to building setbacks, the collector surface and mounting devices for roof- mounted systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector or mounting system has been engineered to safely extend beyond the edge, and setback requirements are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.

(3) Reflection angles. Reflection angles for solar collectors shall be oriented such that they do not project onto adjacent properties.

(4) Aviation protection. For solar units located within 500 feet of an airport or within approach zones of an airport, the applicant shall complete and provide the results of the Solar Glaze Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federal Obligated Airports, or most recent version adopted by the FAA.

(5) Visibility. Solar energy systems shall not be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north while still providing adequate solar access for collectors.

(6) Safety.

(a) Roof- or building-mounted solar energy systems, excluding building integrated systems, shall allow for adequate roof access for firefighting purposes to the south facing or flat roof upon which the panels are mounted.

(b) All solar energy system installation shall be performed by a qualified solar installer.

(c) Any connection to the public utility grid shall be inspected by the appropriate public utility and letter of inspection sent to the Zoning Administrator within 45 days after inspection.

(d) All solar energy systems shall be maintained and kept in good working order. If it is determined by the Zoning Administrator that the solar energy system is not being maintained, kept in good working order, or is no longer being utilized to perform as intended for six consecutive months, the property owner shall be give 30 days’ notice for removal of the unit and all equipment.

(e) If the solar energy system is not removed within 30 days, the Zoning Administrator shall issue a notice of violation and notice to appear before the County Circuit Court as an ordinance violation.

(f) All persons, individuals, businesses, and business entities installing solar energy systems, if burying underground cables, shall become a member of the State One Call System, known as “JULIE, Inc.,” for the purpose of marking any buried cables for excavation purposes.

(7) Approved solar components. Electric solar energy system components shall have a UL listing or approved equivalent, and solar hot water systems shall have an SRCC rating.

(8) Restrictions on solar energy systems limited. Consistent with 765 ILCS 165, no homeowner’s agreement, covenant, community interest community of other contracts between multiple property owners within a subdivision of the village shall prohibit or restrict homeowners from installing solar energy systems.

(Prior Code, § 40-5-23) (Ord. 2018-10, passed 8-20-2018)

§ 154.223 BUILDING INTEGRATED SYSTEMS.

Building integrated systems shall be permitted outright in all zoning districts.

(Prior Code, § 40-5-24) (Ord. 2018-10, passed 8-20-2018)

§ 154.224 COMMUNITY SOLAR GARDENS (SES).

Development of community solar gardens is permitted by special use as a principal use in all zoning districts subject to the following requirements.

(A) Rooftop gardens permitted. Rooftop gardens are permitted-in all zoning districts where buildings are permitted.

(B) Ground-mount gardens. Ground-mount community solar energy systems must be less than five acres in total size, and require special use in all districts. Ground-mount solar developments covering more than five acres shall be considered solar farm.

(C) Interconnection. An interconnection agreement must be completed with the electric utility in whose service the territory system is located.

(D) Dimensional standards. All solar related structures in newly platted and existing platted subdivisions shall comply with the principal structure setback, height, and coverage limitations for the district in which the system is located.

(E) Aviation protection. For solar units within 500 feet of an airport or within approach zones of an airport, the application shall complete and provide the results of the solar glaze hazard analysis tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the interim policy, FAA review of the solar energy projects on federal obligated airports, or most recent version adopted by the FAA.

(F) Other standards.

(1) Ground-mount systems shall comply with all required standards for structures in the district in which the system is located.

(2) All solar gardens shall comply with the then existing special use permitting process of the Zoning Code.

(3) All solar gardens shall comply with all other state and local requirements.

(Prior Code, § 40-5-25) (Ord. 2018-10, passed 8-20-2018)

§ 154.225 COMMERCIAL/LARGE SCALE SOLAR FARM (SES).

Ground-mount solar energy systems that are primary use of the lot, designed for providing energy to off-site uses or export to the wholesale market require a special use in the agricultural districts of the village.

(A) Existing conditions. The applicant shall submit a site plan with existing conditions showing the following:

(1) Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of adjacent property owners and current use of those properties;

(2) Existing public and private roads, showing widths of the road and any associated easements;

(3) Location and size of any abandoned wells, sewage treatment systems;

(4) Existing buildings and impervious surfaces;

(5) A contour map showing topography at two-foot intervals. A contour map of surrounding properties may also be required;

(6) Existing vegetation (including type and percent of coverage, such as cropland/plowed fields, grassland, wooded areas, and the like);

(7) Any delineated wetland boundaries;

(8) A copy of the current FEMA FIRM maps that show the subject property including 100-year flood elevation and any regulated flood protection elevation, if available;

(9) Surface water drainage patterns; and

(10) The location of any subsurface drainage tiles.

(B) Proposed conditions. The applicant shall submit a site plan of proposed conditions showing the following:

(1) Location and spacing of solar panels;

(2) Location of access roads;

(3) Location of underground or overhead electrical lines connecting the solar farm to a building, substation, or other electric load; and

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

(1) The applicant shall submit an acceptable weed/grass control plan for the property inside and outside the fenced area for the entire property. The operating company or successor during the operation of the solar farm shall adhere to the weed/grass control plan.

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

(3) The applicant shall maintain the fence and adhere to the weed/grass control plan.

(D) Manufacturer’s specifications. The applicant shall include the manufacturer’s specifications and recommended installation methods for all major equipment, including solar panels, mounting systems, and foundation for poles and racks.

(E) Connection and interconnection. The applicant shall include:

(1) A description of the method of connecting the SOLAR array to a building or substation; and

(2) Utility interconnection details and a copy of a written notification to the utility company requiring the proposed interconnection.

(F) Setbacks. A minimum of 50 feet must be maintained on all property lines. Solar panels shall be kept at least 500 feet from a residence that is not part of the special use permit.

(G) Aviation protection. For solar unit within 500 feet of an airport or within approach zones of an airport, the application shall complete and provide the results of the solar glaze hazard analysis tool (SGHAT) for the airport traffic control tower can and final approach paths, consistent with the interim policy, FAA review of the solar energy projects on federal obligated airports, or most recent version adopted by the FAA.

(H) Fire protection. The applicant shall submit a fire protection plan for the construction and the operation of the facility, and emergency access to the site.

(I) Endangered species and wetlands. Solar farm developers shall be required to initiate a natural resource review consultation with the State Department of Natural Resources (IDNR) through the Department’s online EcoCAT Program. Areas reviewed through this process will be endangered species and wetlands. The cost of the EcoCAT consultation shall be borne by the developer.

(J) Road use agreements. All routes on village, county, or state roads that will be used for the construction and maintenance purposes shall be identified on the site plan. All routes for either egress and ingress need to be shown. The routing shall be approved subject to the approval of the Board of Trustees, IDOT, and County Highway Engineers, if applicable. The solar farm developer shall complete and provide a preconstruction baseline survey to determine existing road conditions for assessing potential future damage due to development related traffic. The development shall provide a road repair plan to ameliorate any and all damage, installation, or replacement of roads that might be required by the developer. The developer shall provide a letter of credit or surety bond in an amount and form approved by the highway/road officials, when warranted.

(K) Decommissioning of the solar farm.

(1) The developer shall provide a decommissioning plan for the anticipated service life of the facility or in the event the facility is abandoned or had reached its life expectancy. If the solar farm is out of service of not producing electrical energy for a period of 12 months, it will be deemed inoperational and decommissioning and removal of that facility will commence according to the decommissioning plan as provided and approved. A cost estimate for the decommissioning of the facility shall be prepared by a professional engineer or contractor who has expertise in the removal of the solar farm.

(2) The decommissioning cost estimate shall explicitly detail the cost before considering any projected salvage value of the out of service solar farm. The decommissioning cost shall be made by a cash, surety bond or irrevocable letter or credit before construction commences. Further a restoration plan shall be provided for the site with the application.

(3) The decommissioning plan shall have the following; provided:

(a) Removal of the following within six months:

1. All solar collectors and component, aboveground improvements and outside storage;

2. Foundations, pads, and underground electrical wires and all electrical equipment shall be removed by the solar company installer and/or the property owners. The site shall be reclaimed to a depth of four feet below the surface of the ground; and

3. Hazardous material shall be removed from the property and dispose of in accordance with federal and state law.

(b) The decommissioning plan shall recite an agreement between the applicant and the village that:

1. The financial resources for decommissioning shall be in the form of a Surety Bond, or shall be deposited in an escrow account with an escrow agent acceptable to the Zoning Administrator;

2. A written escrow agreement will be prepared, establishing upon what conditions the funds will be disbursed;

3. The village shall have access to the escrow account funds for the expressed purpose of completing decommissioning if decommissioning is not completed by the applicant within six months of the end of the project life or facility abandonment;

4. The village is granted the right of entry onto the site, pursuant to reasonable notice, to effect or complete decommissioning;

5. The village is granted the right to seek injunctive relief to effect or complete decommissioning, as well as the village’s right to seek reimbursement from applicant or applicant’s successor for decommissioning costs in excess of the amount deposited in escrow and to file a lien against any real estate owned by applicant or applicant’s successor, or in which they have an interest, for the amount of the excess, and to take all steps allowed by law to enforce said lien; and

6. Financial provisions shall not be onerous as to make solar power projects unfeasible.

(Prior Code, § 40-5-26) (Ord. 2018-10, passed 8-20-2018)

§ 154.226 COMPLIANCE WITH STATE AND FEDERAL LAWS.

All solar energy systems shall comply with all federal and state requirements.

(Prior Code, § 40-5-27) (Ord. 2018-10, passed 8-20-2018)

§ 154.227 LIABILITY INSURANCE.

The owner or operator of the solar farm shall maintain a current general liability policy covering bodily injury and property damage and name the village as an additional insured with limits of at least $2,000,000 per occurrence and $5,000,000 in the aggregate with a deductible of no more than $5,000. Proof of insurance must be sent to the Village Clerk on an annual basis.

(Prior Code, § 40-5-28) (Ord. 2018-10, passed 8-20-2018)

§ 154.228 ADMINISTRATION AND ENFORCEMENT.

The Zoning Administrator shall enforce the provisions of this section through an inspection. The Zoning Administrator is hereby granted the power and authority to enter upon the premises of the solar farm at any time by coordinating a reasonable time with the operator/owner of the facility. Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this section may face fines.

(Prior Code, § 40-5-29) (Ord. 2018-10, passed 8-20-2018) Penalty, see § 154.999

§ 154.229 BUILDING PERMIT FEES.

The fees for processing the application for building permits and mechanical permits shall be collected by the Village Clerk at City Hall, per the permit fee schedule for residential, commercial, and industrial districts.

(Prior Code, § 40-5-30) (Ord. 2018-10, passed 8-20-2018)

§ 154.230 ANNUAL UPDATE REQUIREMENTS.

All contact information including name, phone number, and address of the current property owner, lessor, lessee, and utility company shall be submitted annually within 30 days of the anniversary date of the special use permit until decommissioning has been completed, at which point the special use permit will be null and void.

(Prior Code, § 40-5-31) (Ord. 2018-10, passed 8-20-2018)