Mendota City Zoning Code
ARTICLE XII
Solar Energy Systems
§ 340-62 Scope.
This article applies to all solar energy installations in the City of Mendota.
§ 340-63 Purpose.
The purpose of this article is to promote and encourage economic development, while maintaining order in the construction, installation and operation of solar energy systems (SES) in the City of Mendota, while ensuring protection of the health, safety and welfare of the residents of the City of Mendota by promoting the safe, effective and efficient use of solar energy to reduce on-site consumption of fossil fuels or utility-supplied electric energy. Also, to avoid adverse impact to important areas such as agricultural land, endangered species habitats, conservation land and other sensitive lands. This article shall not be deemed to nullify any provisions of local, state or federal law.
§ 340-64 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical or chemical means.
An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include but are not limited to photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights and awnings.
A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.
A solar energy system mounted on a rack or pole that rests on or is attached to the ground.
A photovoltaic solar energy system in which the circuits energized by solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.
A solar energy system that captures solar light or heat without transforming it to another from of energy or transferring the energy via a heat exchanger.
An active solar energy system that converts solar energy directly into electricity.
An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.
A solar energy system that is mounted on a rack that is fastened onto a building roof.
Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
An assembly, structure and the associated equipment and housing, designed for gathering, concentrating or absorbing direct and indirect solar energy for which the primary purpose is to convert or transform solar radiant energy into thermal, mechanical, chemical or electrical energy.
Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
All components required to become a complete assembly or structure that will convert solar energy into electricity for use.
A private solar energy system which is structurally attached to a building or structure on the zoning lot on which said system is located.
A collection of one or more solar collectors designed for use by the occupant(s) of the zoning lot on which said system is located; excess power generation is limited to net metering or similar technology with regulations set by the local power utility, community, county and state. Private solar energy system equipment shall conform to applicable industry standards and applications for building permits for private solar energy systems shall submit certificates from equipment manufacturers that the equipment is manufactured in compliance with industry standards.
A commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST) or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located.
A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas.
An active solar energy system (also referred to as solar air heat or solar furnace) that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air.
A system (also referred to as solar thermal system) that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
Racking, frames or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
A component of a solar energy device that is used to store solar generated electricity or heat for later use.
§ 340-65 Building permit requirements and fees.
A.
All solar energy systems (SES) will be required to have a City of Mendota building permit before any work can be started. A written plan and a plat/drawing for the proposed SES shall be provided with the building permit application. The plat/drawing must show the location of the system on the building or on the property, with all property lines and setback footages indicated. Ground-mounted systems must show the arrangement of panels. Fees for processing the applications for building permits shall be submitted to and collected by the City of Mendota are as follows:
(1)
0 to 10 kilowatts (kW): $150.
(2)
11 to 50 kilowatts (kW): $300.
(3)
51 to 100 kilowatts (kW): $600.
(4)
101 to 500 kilowatts (kW): $1,200.
(5)
501 to 1,000 kilowatts (kW): $2,750.
(6)
1,001 to 2,000 kilowatts (kW): $6,000.
(7)
Over 2,000 kilowatts (kW): $6,000, plus $200 for each additional 0 to 100 kW.
B.
Any SES construction that starts before a building permit has been applied, paid for and permit issued may be charged double the permit fee and separate fines may be levied at the City's discretion.
§ 340-66 Permitted/special use.
A.
A single ground-mounted, roof-mounted or building integrated private solar energy system for residential/business use is permitted as an accessory use in all zoning districts where there is a principal structure, and shall be subject to the regulations for accessory uses.
B.
Solar farms shall be allowed in only the M Zoning District. Solar farms must comply with all required standards for structures in the district.
§ 340-67 Setback requirements for solar farm.
A.
Setbacks and buffering. Setbacks and buffering shall meet, at minimum, the requirements of the Manufacturing Zoning District of the City of Mendota.
B.
Setback requirements for all solar energy systems shall meet the structure minimum setback requirements when the SES is oriented at any and all positions.
C.
The solar array and all components of the solar collector system in a solar farm shall be kept at least 100 feet from the property line or right-of-way. However, this requirement may be waived, provided the solar farm's owner/lessee obtains and files with the City Clerk, signed and notarized affidavits, agreeing that the required minimum setback be waived, from all property owners and affected road authorities adjoining the parcel on which the solar farm is to be located. However, in no instance shall any part of a solar farm be located within 50 feet of any of the property lines or rights-of-way.
§ 340-68 Setback requirements for solar energy system, private.
§ 340-69 Height requirements.
A.
Building- or roof-mounted solar energy systems shall not exceed the maximum allowed height in any zoning district, as stated in Chapter 340 of the Mendota Municipal Code.
B.
Ground- or pole-mounted solar energy systems shall not exceed the maximum height, when oriented at maximum tilt, for the zoning district in which it is located. Ground- or pole-mounted SES shall be constructed in a way that ensures they are as close to the ground as possible while still allowing maintenance of vegetation under units.
§ 340-70 Design standards.
Active solar energy systems shall be designed to conform to the surrounding zoning and blend into the architecture of the building or may be required to be screened from routine view from public rights-of-way other than alleys. Screening may be required to the extent it does not affect the operation of the system.
A.
Building-integrated photovoltaic systems. Building-integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
B.
Solar energy systems with mounting devices. SES using roof-mounting devices or ground-mounting devices shall not be restricted if the system is not visible from the closest edge of any public right-of-way or immediately adjacent to a residential structure.
C.
Reflectors. All SES using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, reducing use of the reflector system or other remedies that limit glare.
D.
Aviation protection. For solar units located within 500 feet of an airport or within approach zones of an airport, the applicant must compete and provide the results of the solar glare 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 Federally Obligated Airports, or most recent version adopted by the FAA.
§ 340-71 Coverage.
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. Ground-mounted private SES shall be exempt from impervious surface calculations if the soil under the collector is not compacted and is maintained in vegetation.
B.
If the private SES has an impervious surface (gravel, concrete, compacted soil) under the collector, then stormwater management regulations must be followed.
§ 340-72 Plan approval required.
All SES shall require administrative plan approval by the City of Mendota via the review of the application for a building permit.
A.
Plan applications. Plan applications for solar energy systems shall be accompanied by horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mounted system, including the property lines.
(1)
Pitched roof-mounted solar energy systems. For all roof-mounted 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.
(2)
Flat roof-mounted solar energy systems. For flat roof-mounted applications, a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
B.
Plan approvals. Applications must be approved by the following departments: Building Inspector, Code Enforcer, Water and Sewer Superintendent, Public Works Superintendent, Fire Chief and City Engineer.
§ 340-73 Approved solar components.
Electric solar energy system components must have a UL listing or approved equivalent and solar hot water systems must have an SRCC rating.
§ 340-74 Compliance with Building Code.
All active solar energy systems shall meet approval of the Building Inspector, consistent with the International Building Code; The International Mechanical Code, Life Safety Code, and any/all HVAC and Plumbing Codes adopted by the City of Mendota.
§ 340-75 Compliance with state codes.
§ 340-76 Utility notification.
All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
§ 340-77 Principal uses.
The City of Mendota encourages the development of commercial or utility scale solar energy systems when such systems present few or no use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the zoning lot or lots are allowed in M-Manufacturing District only.
§ 340-78 Solar farms, specifically.
Ground-mounted solar energy systems that are the primary use on the parcel, designed for providing energy to off-site uses or export to the wholesale market, are permitted in M - Manufacturing District only and under the following standards:
B.
Ground cover and buffer areas. Top soils shall not be removed during development, unless part of a remediation effort. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage run off and build soil. A plan must be approved by the Soil and Water Conservation District and paid for by the developer. No noxious weeds will be permitted. Due to potential liability under the Illinois Endangered Species Protection Act,[2] it is required that any crops planted be in compliance with all federal and state laws protecting endangered species. This will also include pollinators such as bees. Any fees associated with compliance shall be paid for by the developer.
[2]
Editor's Note: See 520 ILCS 10/1 et seq.
C.
Foundations. A qualified engineer shall certify that the foundation and design of the solar panel racking and supports are within accepted professional standards, given local soil and climate conditions.
D.
Other standards and codes. All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the International Building Codes and National Electric Code that are currently adopted by the City of Mendota.
E.
Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the City of Mendota in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines, or distance makes burying infeasible, at the discretion of the City of Mendota. In addition, the Illinois Department of Agriculture (IDOA) has established standard and policies in the agricultural impact mitigation agreements (AIMA) regarding the construction or burial of electric transmission lines which should be agreed to and adhered to between the landowner and the developer.
F.
Site plan required. A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, farm tile, electric equipment, fencing and screening materials and all other characteristics requested by the City of Mendota. The site plan should also show all zoning districts and overlay districts.
G.
Aviation protection. For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the solar glare hazard analysis tool (SGHAT) for the airport traffic control tower cab (if applicable) and final approach paths, consistent with the interim policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
H.
Endangered species and wetlands. Solar farm developers shall be required to initiate a natural resource review consultation with the Illinois 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 will be borne by the developer.
I.
The owner of a commercial solar energy farm shall provide a copy of the decommissioning plan. The plan must include a schedule that states the length of time it will take to completely dismantle and restore the property to pre-solar farm conditions.
J.
Upon request form the City of Mendota, the owner or operator of a solar energy farm must submit, within 14 days, a current operation and maintenance report.
K.
In all undeveloped areas, the solar energy developer will be required to complete a consultation with both the Illinois Historic Preservation Agency (IHPA) and the Illinois Department of Natural Resources (IDNR) through the Department's online EcoCat program. The cost of this consultation shall be at the developer's expense. The final certificate from EcoCat shall be provided to the City of Mendota before a building permit is issued.
L.
The owner of a commercial solar energy farm shall provide a copy of a current field tile survey and will be responsible for repairing any damage to drain tiles and other drainage systems that result from the construction, operation or maintenance of the solar energy system.
M.
No fencing is required. However, if a fence is installed on the property, the fence shall have a maximum height of eight feet. The fence shall contain appropriate signage that is clearly visible.
N.
Any lighting for solar farms shall be installed for security and safety purposes only. All lighting shall be shielded so that no glare extends beyond the boundaries of the facility.
O.
Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties.
P.
The City of Mendota shall be notified in writing of any change in ownership and/or management of the solar energy farm.
Q.
Electric solar energy system components must have a UL listing and must be designed with anti-reflective coating(s).
R.
Solar energy systems must be in compliance with all State of Illinois building, electric, plumbing and energy codes.
§ 340-79 Liability insurance and indemnification.
A.
For solar farms, commencing with the issuance of building permits, the applicant, owner or operator shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $3,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance may be provided pursuant to a plan of self-insurance, by a party with a net worth of $20,000,000 or more. The City shall be named as an individual insured on the policy to the extent the City is entitled to indemnification.
B.
For private/individual SES(s), commencing with the issuance of building permits, the applicant or owner shall maintain a current liability policy covering bodily injuries and any damage that may occur, on their homeowner's policy or other applicable policy as approved by the City of Mendota.
C.
Any SES(s), applicant, owner or operator, whether individual or commercial, shall defend, indemnify and hold harmless the City of Mendota and its officials, employees and agents (collectively and individually, the "indemnified parties") from and against any and all claims, demands, losses, suits, causes of actions, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney's fees, except to the extent arising in whole or part out of negligence or intentional acts of such indemnified parties (such liabilities together known as "liability") arising out of applicant, owner or operators selection, construction, operation and removal of the SES(s) and affiliated equipment including, without limitation, liability for property damage or personal injury (including death), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence). This general indemnification shall not be construed as limited or qualifying the county's other indemnification rights available under the law.
§ 340-80 Decommissioning.
A.
A decommissioning plan shall be required to be submitted when applying for all solar farms to ensure that facilities are properly removed after their useful life.
B.
Decommissioning of solar panels must occur in the event they are not in use for 90 consecutive days.
C.
The owner or operator will have six months to complete the decommissioning plan after a solar farm stops being operational.
D.
The decommissioning plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site.
E.
The City of Mendota may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure the proper decommissioning. The posting of a bond may be required prior to the issuance of a building permit for the facility.
F.
In the event that the State of Illinois enacts a law with regards to the decommissioning of a solar farm, the strictest requirements shall prevail.