A.   Any and all buildings and structures constructed in connection with a solar energy system are subject to the height limits of the subject zoning district.

   B.   No part of any ground-mounted solar energy system may exceed twenty feet (20') in height when oriented at maximum tilt.

   C.   No part of any roof-mounted solar energy system may exceed a height when oriented at maximum tilt that is visible from the immediate adjacent public street, nor exceed the maximum permitted height regulation of the zoning district. (Ord. 2023-40, 10-24-2023; amd. Ord. 2024-39, 8-27-2024)

   A.   Any and all buildings and structures constructed in connection with a solar energy system are subject to the setback regulations of the subject zoning district.

   B.   Ground-mounted Solar energy systems, excluding fences, are subject to the following setbacks:

      1.   At least fifty feet (50') from the nearest edge of public right-of-way; and

      2.   At least fifty feet (50') from every boundary of the parcel(s) of property on which the solar energy system is constructed, all as depicted on an approved site plan; and

      3.   At least one hundred fifty feet (150') from the nearest point of the outside wall of any dwelling unit or occupied residential building, unless waived by the written consent by each affected property owner.

(Ord. 2023-40, 10-24-2023; amd. Ord. 2024-39, 8-27-2024)

All solar energy systems, regardless of whether ground or roof mounted, must be designed, constructed, and sited to minimize glare or reflections on adjacent properties and roadways and to not interfere with traffic, including air traffic, or otherwise create a safety hazard. All photovoltaic elements of the system shall have a nonreflective finish. (Ord. 2023-40, 10-24-2023; amd. Ord. 2024-39, 8-27-2024)

   A.   Topsoils shall not be removed from the site during development unless the removal is expressly approved as part of the conditional use permit.

   B.   Perennial vegetative ground cover must be maintained or established in all areas where a ground-mounted solar energy system is located. The seed mix selections for both temporary and long-term mixes shall be determined and approved as part of the conditional use permit for the facility.

   C.   For ground-mounted solar energy systems, perennial vegetative ground cover or farm crops must be maintained or established in required setbacks to prevent erosion and manage run-off.

   D.   All solar energy systems must comply with all applicable County storm water detention and drainage ordinances, as well as all corresponding Village ordinances. All new impervious surfaces shall be analyzed on a parcel-by-parcel basis.

(Ord. 2023-40, 10-24-2023; amd. Ord. 2024-39, 8-27-2024)

Ground-mounted solar energy systems must be enclosed by perimeter security fencing or another village-approved barrier with a minimum height of at least six feet (6') and no more than eight feet (8'). This security barrier may, but is not required to, be incorporated into any screening requirements of this Chapter. (Ord. 2023-40, 10-24-2023; amd. Ord. 2024-39, 8-27-2024)

All solar energy systems shall be adequately screened to the satisfaction of the Village in substantial conformance with a screening plan approved by the Village Board.

(Ord. 2023-40, 10-24-2023)

Electric system components must have a UL (Underwriters Laboratories Inc.), or similar nationally recognized testing laboratory listing.

(Ord. 2023-40, 10-24-2023)

Solar energy systems may not be permanently illuminated, unless required by the FAA or other applicable government agency or authority.

(Ord. 2023-40, 10-24-2023)

On-site power lines and utility connections must be placed underground unless otherwise expressly approved as part of the conditional use permit.

(Ord. 2023-40, 10-24-2023)

Prior to and as a condition on the conduct of any public hearing or the issuance of any site development and/or building permits in connection with a proposed solar energy system, the facility owner/operator shall:

   A.   Execute an Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture and file a copy thereof with the Village; and

   B.   Provide the Village with a letter of credit or other sufficient financial surety, in a form and amount acceptable to the Village, to insure the ultimate decommissioning of the solar energy system upon (i) termination or discontinuance of its operation or (ii) the estimated end of life of said system's various components (if not replaced).

(Ord. 2023-40, 10-24-2023)

Prior to and as a condition of the conduct of any hearing and/or the issuance of any site development and/or building permits in connection with a proposed solar energy system, the facility owner/operator shall submit a conservation plan addressing conformance with the Agricultural Impact Mitigation Agreement (AIMA) then in effect, inspection schedule, soils, plantings/vegetation, drainage, and maintenance, and shall further grant the Village, in writing, a right of access to the site, at reasonable times and upon reasonable written notice, to conduct visual inspections and assess the condition of the native planting areas and soil erosion and sediment controls. The conservation plan shall further address (1) maintenance of any creeks and waterways that cross or adjoin the subject property (creek cutting is strictly prohibited) and (2) a plan for the relocation or replacement (on the subject property or elsewhere in the Village) of any trees that will be cleared from the subject property in connection with the solar energy system.

(Ord. 2023-40, 10-24-2023)

   A.   The owner and/or operator of the solar energy system shall be jointly and severally responsible and liable for maintaining the system, the property on which the system is located (including all property leased in connection therewith, even if more extensive than the system itself), and all associated buildings, structures, and improvements in a safe, sound, and well-maintained condition according to the highest-applicable industry standards. this specifically includes, without limitation, painting, grounds keeping (both inside and outside the fence or security barrier), structural repairs, maintaining internal access drives, and maintaining the integrity of security measures. maintenance and grounds keeping shall include mowing, reseeding, and weed management practices.

   B.   For roof-mounted solar energy systems, maintenance shall include but not be limited to: periodic inspections and proper roof maintenance.

   C.   A written maintenance plan shall be approved by the Village and are subject to the Village's existing ordinances including the Village's weed ordinance.

(Ord. 2023-40, 10-24-2023; amd. Ord. 2024-39, 8-27-2024)

   A.   Roads: If the owner and/or operator of a solar energy system enters into a road use agreement with the Illinois Department of Transportation, a county, a road district, or any other unit of local government relating to a solar energy system, the road use agreement shall require the facility owner and/or operator to be jointly and severally responsible and liable for:

      1.   The reasonable cost of improving roads used by the facility owner to construct the solar energy system, and

      2.   The reasonable cost of repairing roads used by the facility owner and/or operator during construction of the solar energy system so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction.

   Roadways improved in preparation for and during the construction of the solar energy system shall be repaired and restored to the improved condition at the sole and exclusive cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.

   The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the solar energy system. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner shall be deemed to be reasonably related to the cost of administration of the road use agreement.

   B.   Roadway Dedication: Temporary access roads or drives utilized during the construction of a solar energy system shall not be required to be dedicated to the Village or any other governmental agency with jurisdiction, but the Village may, in its discretion, require dedication of any permanent roads or drives used for access and maintenance of the solar energy system.

   C.   Existing Road Conditions: Prior to construction, the owner/operator must conduct a pre-construction survey, in coordination with the applicable highway authority to determine existing road conditions. The owner/operator is responsible for on-going road maintenance and dust-control measures resulting from the construction and installation of the solar energy system as identified by the applicable road authority during all phases of construction and installation.

   D.   Drainage System: Prior to construction, the owner/operator is responsible for identifying the location of all subsurface drainage systems. The owner and/or operator are jointly and severally responsible and liable for promptly repairing damage to drain tiles and other drainage systems that result from construction, operation, or maintenance of the solar energy system that negatively impact properties outside the subject property. Repair of subsurface drainage systems shall, at a minimum, be in compliance with the Agricultural Impact Mitigation Agreement (AIMA) then in effect.

(Ord. 2023-40, 10-24-2023)

   A.   All applications for conditional use permit approval for a solar energy system must include the following information, in addition to any other information required by this Title. An applicant may submit a single application for the entire property to be used in connection with the project.

      1.   Completed conditional use permit application, on the Village’s standard form.

      2.   Copy of recorded deed(s) showing ownership of the subject property.

      3.   Electronic copy of legal description that is editable.

      4.   Plat of survey (to scale) from a professional land surveyor. Survey must include a scale, north arrow and dimensions of the subject property.

      5.   Affidavit of owner’s consent (if applicable).

      6.   Disclosure of beneficiaries (if applicable).

      7.   Application fee.

      8.   The results and recommendations from consultation with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool.

      9.   FAA Notice of No Flight Hazard and/or application to the FAA for Notice of Criteria Tool.

      10.   The results of the United States Fish and Wildlife Service’s Information for Planning and Consulting environmental review or a comparable successor tool.

      11.   Evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts if any state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act are present on-site or in the vicinity (if applicable).

      12.   Proof of compliance with noise regulations of the Illinois Pollution Control Board (if applicable).

      13.   Preliminary site plan identifying the following:

         a.   Subject property including the property lines, setback lines, and right-of-way lines.

         b.   Physical features including but not limited to roads, floodplain(s) (if applicable), wetland(s) (if applicable), existing and proposed building(s) (if applicable), solar panels and equipment (number, location, and spacing of solar panels/arrays), proposed locations of underground or overhead electric lines and utility poles, landscaping, and fencing.

         c.   Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.

      14.   A certified letter with return receipt requested, evidencing a good faith effort to contact the applicable road authority or affidavit evidencing that contact has been made with the applicable road authority.

      15.   Proposed product cut-sheets.

      16.   Glare study report (if applicable).

      17.   Visual screening report that includes the following:

         a.   A map of homes within three hundred feet (300') of the facility; and

         b.   Locations and type of existing vegetation that provides screening of views of the facility; and

         c.   Topographic features that provide screening of the facility.

      18.   Interconnection service agreement or evidence of filing required interconnection service applications with the electric utility.

      19.   Operation and maintenance plan for the solar energy system, including measures for maintaining safe access to the installation, stormwater controls, landscaping maintenance, as well as general procedures for operation and maintenance of the installation.

      20.   Proof of liability insurance.

      21.   Preliminary emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation, and a fire protection and response plan.

      22.   Copies of all leases for the subject property (if applicable) (the parties to and amount(s) of rent in any such lease may be redacted).

   23.   Executed copy of the owner/operator’s Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture. (Ord. 2023-40, 10-24-2023)

Concentrated solar power systems are prohibited.

(Ord. 2023-40, 10-24-2023)