This article is established to create standards for the installation of small wind and solar energy systems on property in the village and to provide for the review of plans thereof, in order to balance the need for clean, renewable energy resources with the protection of the public health, safety and general welfare of the village. Unless otherwise provided in this article, small wind and solar energy systems shall only be located on lots containing a principal use permitted in the underlying zoning district.

(Ord. No. 2109, § 37, 5-24-2010)

Common area small wind energy system means a wind energy system which has a rated capacity of ten kilowatts (kW) or less, which is located on an outlot or parcel as a stand-alone structure to be used to provide power to common area facilities, including but not limited to, landscaping and waterfall features, uninhabited entry buildings or structures, private lighting sources and aerators for detention and retention areas, within a residential or non-residential subdivision.

Horizontal-axis wind turbine (HAWT) means a wind turbine having the main rotor shaft and generator at the top of a tower, with the blades or rotors spinning around an axis that is parallel or horizontal to the ground.

Meteorological tower (met tower) means the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.

Small wind energy system (SWES) means a wind energy system which has a rated capacity of ten kilowatts (kW) or less for residential use or 100 kW or less for non-residential use, and which is incidental and subordinate to a permitted use on the same parcel or lot. A SWES shall supply electrical power solely for on-site use, except that when a parcel on which a system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not needed for on-site use may be used by the local utility company.

Solar energy system (SES) means all exterior and above-ground parts or other solar energy devices including legs/braces and/or supporting devices, the primary purpose of which is to provide for the collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling or water heating, and which is incidental and subordinate to a permitted use on the same parcel or lot. A SES shall supply electrical power solely for on-site use, except that when a parcel on which a system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not needed for on-site use may be used by the local utility company.

Solar energy system, attached means a SES which requires support by another structure, whether roof or otherwise, and does not connect directly to the ground.

Solar energy system, building-integrated means a SES 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, including but not limited to, photovoltaic or hot water solar systems contained within roofing materials, windows, skylights and awnings.

Solar energy system, freestanding means a SES which is completely self-supported.

Solar energy system, interconnected means a SES which produces electricity and is capable of distributing surplus electricity to the public or other properties outside the control of the system's owner, even if the system is temporarily or automatically disconnected by a switch or other mechanical device. The maximum allowable rated capacity of an Interconnected SES is ten kilowatts, or 10,000 watts, unless evidence from the applicable utility company has demonstrated that safe interconnection can be achieved and is needed for on-site use by the principal use of the property. Any system over 100 kW shall not be allowed.

Solar energy system, passive means a SES that does not produce electricity and does not use active mechanical systems for energy transfer.

Solar panels mean a structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

Total system height means the height of a SWES above adjacent grade to a blade tip at its highest point of travel and including any other portion of the SWES.

Tower means the vertical component of a SWES that elevates the wind turbine generator and attached blades above the ground.

Vertical-axis wind turbine (VAWT) means a wind turbine having the main rotor shaft arranged vertically ("egg-beater" style); with the rotor or blades spinning around an axis that is perpendicular or vertical to the ground.

Wind energy system (WES) means the aggregation of exterior and above-ground parts including the base, tower, generator, rotor, blades, supports, guy wires and accessory equipment such as utility interconnect, in such configuration as necessary to convert the power of wind into mechanical or electrical energy, such as a wind charger, windmill or wind turbine.

Wind energy system, attached means a SWES which requires support by another structure, whether roof or otherwise, and does not connect directly to the ground.

Wind energy system, freestanding means a SWES which is completely self-supported.

Wind energy system, interconnected means a SWES which produces electricity and is capable of distributing surplus electricity to the public or other properties outside the control of the system's owner, even if the system is temporarily or automatically disconnected by a switch or other mechanical device. The maximum allowable rated capacity of an Interconnected SWES is ten kilowatts, or 10,000 watts, unless evidence from the applicable utility company has demonstrated that safe interconnection can be achieved and is needed for on-site use by the principal use of the property. Any system over 100 kW shall not be allowed.

Wind turbine generator means the component of a SWES that transforms the mechanical energy from the wind into electrical energy.

(Ord. No. 2109, § 37, 5-24-2010)

A small wind energy system shall at all times be incidental and subordinate to a permitted use on the same parcel or lot, and shall comply with the following:

(1)

Special use: No building permit for a small wind energy system shall be issued until a special use permit has been approved by the village board. The special use permit may be revoked any time the approved system does not comply with the rules set forth in this article or any of the conditions imposed on the special use by the village board.

(2)

Permit required: The owner/operator of a small wind energy system shall obtain all permits required by the village building department, and shall follow all building department procedures for submitting and obtaining necessary permits from outside agencies.

(3)

Code compliance: A small wind energy system shall comply with all applicable building and electrical codes, and the National Electrical Code. Building permit applications must be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower certified by an Illinois-licensed professional design engineer and showing compliance with building codes shall be submitted. A copy of the manufacturer's specifications shall be provided.

(4)

Industry standard: Small wind turbines are recommended to be approved under a small wind certification program recognized by an industry standard such as the American Wind Energy Association's Small Wind Turbine Performance and Safety Standard. In all cases, evidence shall be provided that the system and parts meet industry standards that are applicable to the technology and materials of the system.

(5)

Professional installation: Small wind turbines shall be installed by a professional.

(6)

Insurance: The applicant for a small wind energy system shall provide evidence of obtaining adequate liability insurance for the facility.

(7)

Number: There shall be no more than one small wind energy system on any zoning lot, unless otherwise authorized by the village board.

(8)

Meteorological tower (met tower): A special use permit shall not be required for a met tower, provided the met tower is removed no later than 30 days following the date of installation. Met towers shall be subject to the same standards, requirements and building permit procedures as a small wind energy system.

(9)

Common area small wind energy system: A special use permit shall be required for a common area small wind energy system, which shall be subject to the same standards, requirements and building permit procedures as a small wind energy system. Notwithstanding the foregoing, a common area small wind energy system may be permitted as a stand-alone structure on an outlot or otherwise vacant parcel. Evidence shall be provided to the village that a property owners' association shall be responsible for the maintenance of the common area small wind energy system.

(10)

Existing small wind energy systems: Any small wind energy system installed pursuant to a permit issued by the village prior to adoption of this ordinance shall be exempt from the conditions contained in this article, with the exception of the provisions regarding maintenance and abandonment contained in Section 106-505 (19) and (20).

(Ord. No. 2109, § 37, 5-24-2010)

All small wind energy systems shall comply with the following:

(1)

Lot size: No minimum lot size shall apply to small wind energy systems provided the SWES complies with the required setbacks and other standards of this article.

(2)

Location (freestanding wind energy system): A freestanding small wind energy system shall be located entirely within the rear yard, and shall not be located in any required building setback, drainage and utility easement or other established easement. A freestanding SWES shall not be included when calculating the maximum accessory structure lot coverage allowance within a rear yard.

(3)

Height (horizontal-axis wind turbine): For properties less than five acres in size, the maximum permitted total system height of a HAWT shall be 60 feet. For properties greater than five acres and less than 20 acres in size, the maximum permitted total system height of a HAWT shall be 80 feet. For properties 20 acres or more in size, the maximum permitted total system height of a HAWT shall be 120 feet. The applicant shall justify the proposed height request with documentation on the relationship of the proposed height to the efficiency of the wind energy system to be used. For optimum efficiency, the minimum height of the lowest part of the rotor is recommended to be either 30 feet above the highest structure allowed in the zoning district or potential tree height, whichever is higher, if it is within 300 feet of any property line. The maximum permitted total system height shall be established by the village board through the special use permit.

(4)

Height (vertical-axis wind turbine): For all properties, the maximum permitted total system height of a VAWT shall be 35 feet in any residential district or 60 feet in all other zoning districts. Upon recommendation from the plan commission and approval by the village board, a taller total system height may be permitted, which shall be subject to the applicant justifying the proposed total system height request with documentation on the relationship of the proposed height to the efficiency of the wind energy system to be used. The applicant shall also demonstrate that an increase in total system height will not negatively impact neighboring properties. The maximum permitted total system height shall be established by the village board through the special use permit.

(5)

Height (attached wind energy system): The maximum permitted total system height of an attached wind energy system shall be 15 feet above the highest point of the principal structure. The blade of the wind turbine at its highest point of travel shall be included when determining the height. The applicant shall justify the proposed height request with documentation on the relationship of the proposed height to the efficiency of the wind energy system to be used. Devices or towers mounted on buildings may require strengthening of the existing structure to bear the additional weight and stress created by the SWES for which a building permit shall be obtained.

(6)

Setbacks (horizontal-axis wind turbine): The minimum distance between the base of a HAWT and any property line shall be a distance equal to 110 percent of the total system height.

(7)

Setbacks (vertical-axis wind turbine): For properties less than one acre in size, the minimum distance between the base of a VAWT and any property line shall be a distance equal to 50 percent of the total system height. For properties one acre and greater in size, the minimum distance between the base of a VAWT and any property line shall equal to the total system height.

(Ord. No. 2109, § 37, 5-24-2010)

The following standards shall apply to all small wind energy systems:

(1)

Safety: The applicant shall demonstrate to the village engineer that the structural design meets applicable safety and stability requirements.

(2)

Appearance, color and finish: The color of the tower and generator shall be neutral and the finish shall be non-reflective. The wind energy system shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless otherwise approved through the special use permit.

(3)

Mounting: A monopole tower shall be required for all small wind energy systems, unless an alternative mounting, such as lattice or guy wires, is permitted by the village board. A monopole tower shall be required for any SWES in a residential district. For towers that are permitted guy wires, all anchor points shall be located a minimum of ten feet from any property line.

(4)

Electrical wires: All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect box, and the grounding wires, shall be located underground or otherwise concealed, to the greatest extent possible, where crossing open areas.

(5)

Rotor safety: All wind turbines shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. An external, manual shut-off switch shall be included with the installation.

(6)

Lighting: Small wind energy systems shall not be artificially lighted unless required, in writing, by the Federal Aviation Administration (FAA), or other applicable authority that regulates air safety. Required lighting shall comply with FAA minimum requirements, and whenever possible, be at the lowest intensity allowed at night. If more than one lighting alternative is available, the alternative that causes the least visual disturbance shall be used.

(7)

Blade clearance (horizontal-axis wind turbine): The minimum distance between the ground and any protruding blade on a HAWT shall be 15 feet as measured at the lowest point of the arc of the blades. No blades shall extend over parking areas, driveways or sidewalks.

(8)

Climbing apparatus (horizontal-axis wind turbine): All climbing apparatus shall be located at least 15 feet above the ground, and the tower must be designed to prevent climbing within the first 15 feet.

(9)

Blade clearance (vertical-axis wind turbine): The minimum distance between the ground and any protruding blades on a VAWT shall be ten feet as measured at the lowest point of the arc of the blades.

(10)

Climbing apparatus (vertical-axis wind turbine): All climbing apparatus shall be located at least ten feet above the ground, and the tower must be designed to prevent climbing within the first ten feet.

(11)

Noise: Noise emanating from the small wind energy system shall not exceed 60 decibels, as measured at the property line. The above limitation shall not apply during short term events such as a power outage or storm occurrence. A manufacturer's sound report, demonstrating that the SWES will not create a nuisance to adjacent uses, shall be required with each special use permit application.

(12)

Access: A property owner who has installed or intends to install a small wind energy system shall be responsible for negotiating with other property owners in the vicinity for any necessary access easement.

(13)

Signs: All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, tower, building or other structure associated with a small wind energy system shall be prohibited. Permitted signs shall not exceed one square foot in size.

(14)

Interconnection: No building permit for a small wind energy system shall be issued until evidence is provided to the village that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. The SWES shall meet the requirements for interconnection and operation as set forth by the utility company. The applicant is encouraged to work with the applicable utility before purchasing equipment. Off-grid systems shall be exempt from this requirement.

(15)

Screening: Screening shall not be required, unless specified through the special use permit. Mechanical equipment and/or any accessory building utilized for a SWES may require screening, such as but not limited to, a six-foot tall fence. An applicant shall locate a SWES so that, to the extent practical, tree removal is not required.

(16)

Signal interference: The owner of a small wind energy system shall take all necessary steps, such as having blades constructed of a nonmetallic substance, to prevent, eliminate or mitigate any interference with the transmission and reception of electromagnetic communications, such as microwave, radio, telephone or television signals. The village board may revoke a special use permit granting a SWES if electromagnetic interference from the SWES becomes evident.

(17)

Shadow flicker and blade glint: Small wind energy systems shall be sited so as to prevent the impact of shadow flicker or blade glint upon any inhabited structures (except for the owner's) and roadways. Any SWES found to be in violation of this condition shall be shut down until the flicker or glint problem is remedied.

(18)

Potential ice throw: A small wind energy system shall be operated in such a manner as to prevent the accumulation of ice and ice throws onto adjacent property.

(19)

Maintenance: Small wind energy system facilities shall be well maintained in an operational condition that poses no safety hazards. The ground upon which the SWES is located shall be maintained in an orderly manner, such that it is free of debris, tall grass and weeds, and any associated structures shall retain quality in appearance. Any SWES that becomes unstable, leans significantly out-of-plumb, or that poses a danger of collapse shall be removed or brought into repair within 60 days following notice from the village to the owner of the lot upon which the SWES is located. The village may order immediate repairs in the event of immediate collapse, and the owner of the lot on which the SWES is located shall be responsible for reimbursing the village for any costs incurred in conducting the immediate repairs.

(20)

Abandonment: A small wind energy system that remains nonfunctional or inoperative for a continuous 12-month period shall be deemed to have been abandoned. The owner/operator shall remove the abandoned system at his own expense within 90 days from notice by the village of such abandonment. The site shall then be returned to its original condition. If such small wind energy system is not removed within 90 days, the village may remove all structures at the owner's cost and expense. Going upon the property for removal and reclamation by or on behalf of the village shall not be deemed a trespass.

(21)

New technology: The regulations pertaining to small wind energy systems are intended to respond to equipment available at the time of adoption. The village recognizes that this is an emerging technology and that new means of collecting wind energy are under development. Accordingly, these standards shall be reviewed and may be amended as technology advances.

(Ord. No. 2109, § 37, 5-24-2010)

(1)

Approval process: A special use permit for a small wind energy system shall be approved or denied by the village board, in accordance with the process outlined in section 106-48. The special use permit expiration and abandonment provisions outlined in section 106-48 shall apply.

(2)

Application: An application for a small wind energy system shall be made on forms provided by the planning department, and shall be accompanied by a site plan, drawn to scale, that includes the following information:

a.

Property lines, building setback lines and physical dimensions of the property.

b.

Location and types of major structures and natural features, such as buildings, trees, floodplain and wetlands on the property.

c.

Overhead utility lines.

d.

Right-of-way of any public road that is contiguous to the property.

e.

Location of the proposed small wind energy system and proposed setbacks to all property lines and nearby structures.

f.

Proposed screening, if any. Screening may be required by the village board on a case-by-case basis as specified through the special use permit.

g.

Wind energy system specifications, including manufacturer and model, rated capacity in kilowatts, rotor diameter, tower height, tower type and color. Elevation views and pictures may also be required.

h.

Tower blueprints or drawings, including foundation details.

i.

A statement certifying that the wind energy system does not violate any private covenants of record governing the parcel on which the SWES is to be located.

j.

Information on all structures and natural features within a 200-foot radius of the wind energy system if required by the plan commission or village board.

k.

Any other information necessary to demonstrate compliance with the standards and requirements of this section.

(Ord. No. 2109, § 37, 5-24-2010)

A solar energy system shall at all times be incidental and subordinate to a permitted use on the same parcel or lot, and shall comply with the following:

(1)

Permitted accessory use: Freestanding solar energy systems located entirely within the rear or side yard, and attached solar energy systems, either wall-mounted on a side or rear building wall or roof-mounted, shall be permitted accessory uses in all zoning districts and shall require the issuance of a building permit.

(2)

Special use: Any freestanding solar energy system located beyond the front building setback line of a non-residential zoning district but in front of the principal structure shall require approval of a special use permit. Any attached solar energy system mounted on the front building wall facing a public or private street within a non-residential zoning district shall require approval of a special use permit. The special use permit shall be subject to the provisions of section 106-48 of this article. The special use permit may be revoked any time the approved system does not comply with the rules set forth in this article or any of the conditions imposed by the village board.

No freestanding solar energy system shall be permitted beyond the front building setback line of a residential zoning district but in front of the principal structure. No attached solar energy system shall be mounted on the front building wall facing a public or private street within any residential zoning district

(3)

Permit required: The owner/operator of a solar energy system shall obtain all permits required by the building department, and shall follow all building department procedures for submitting and obtaining necessary permits from outside agencies.

(4)

Code compliance: A solar energy system shall comply with all applicable building and electrical codes, and the National Electrical Code. The applicant is encouraged to meet with the regulatory and utility agencies before purchasing equipment to understand the feasibility and code requirements prior making an application for a SES.

(5)

Industry standard: Evidence shall be provided that the solar energy system and parts meet industry standards, such as Underwriters Laboratories (UL), or another standard that are applicable to the technology and materials of the system.

(6)

Number: There shall be no more than one freestanding solar energy system on any zoning lot, unless otherwise authorized by the village board.

(7)

Existing solar energy systems: Any solar energy system installed prior to adoption of this ordinance shall be exempt from the conditions contained in this Article, with the exception of the provisions regarding maintenance and abandonment contained in section 106-511 (7) and (8). All building-integrated SES and passive SES shall also be exempt from the requirements of this article, and shall be regulated as any other building element.

(Ord. No. 2109, § 37, 5-24-2010)

All freestanding solar energy systems shall comply with the following:

(1)

Lot size: No minimum lot size shall apply to solar energy systems provided the SES complies with the required setbacks and other standards of this article.

(2)

Location: A freestanding solar energy system shall be located entirely within a rear or side yard, and shall not extend into any recorded easement, right-of-way or public way. A freestanding SES shall not be included when calculating the maximum accessory structure lot coverage allowance within a rear yard.

(3)

Setbacks: All freestanding solar energy systems shall be subject to the following setback requirements:

a.

Front yard: No freestanding solar energy system shall be permitted within any required front yard or corner front yard, with the exception that a freestanding SES located beyond the front yard building setback line of a non-residential zoning district but in front of the principal structure shall require approval of a special use permit.

b.

Side and rear yards: The minimum distance between any point of a freestanding solar energy system and any property line or structure shall be a minimum of six feet.

(4)

Height: The maximum permitted total system height of a freestanding SES shall be six feet in any side or rear yard within any residential district or 15 feet in any side or rear yard in all other zoning districts. If permitted in the front yard beyond the front yard building setback of a non-residential zoning district through a special use permit, the maximum height of a freestanding SES shall be four feet. The height shall be measured from the grade at the system base to the highest peak, including the highest position of an adjustable system.

(5)

Size: The size of a freestanding solar energy system shall be calculated by drawing a line around the exterior limit of an individual SES. A freestanding SES shall comply with the following size requirements:

a.

Residential districts: A solar energy system shall not exceed one-tenth the footprint of the principal building served or 100 square feet, whichever is greater.

b.

Non-residential districts: A solar energy system shall not exceed one-half the footprint of the principal building served.

(Ord. No. 2109, § 37, 5-24-2010)

All residential attached solar energy systems shall be permitted to be attached to an exterior building wall or mounted on the roof, subject to the following:

(1)

Wall-mounted residential attached solar energy systems: All wall-mounted residential attached solar energy systems shall be subject to the following:

a.

Location and projection: A wall-mounted residential attached solar energy system shall be permitted on the rear or side building wall of the principal building, and shall project no more than five feet from the building wall to which it is attached. A wall-mounted residential attached SES shall not be permitted on the front building wall facing a public or private street.

b.

Encroachment: No part of any wall-mounted residential attached solar energy system shall extend more than 50 percent into any required side or rear yard setback. No part of a residential attached SES shall extend into the required front yard setback.

c.

Easements and rights-of-way: No part of any wall-mounted residential attached solar energy system shall extend into any easement, right-of-way or public way, regardless of the above-stated setback and yard requirements.

d.

Height: A wall-mounted residential attached solar energy system shall not exceed the maximum height allowed in the underlying zoning district for the structure to which it is attached.

e.

Surface area: There shall be no surface area limitation for wall-mounted residential attached solar energy systems.

(2)

Roof-mounted residential attached solar energy systems: All roof-mounted residential attached solar energy systems shall be subject to the following:

a.

Location: A roof-mounted residential attached solar energy system may be mounted on the roof of any principal or accessory building. In no instance shall any part of the roof-mounted residential attached SES extend beyond the edge of the roof.

b.

Height: A roof-mounted residential attached solar energy system shall not exceed the maximum height allowed in the underlying zoning district for the structure to which it is attached.

c.

Flush mounting: On pitched roofs, a roof-mounted residential attached solar energy system shall be mounted parallel to the pitch of the roof and shall project no higher than eight inches from the roof surface to which it is attached. A roof-mounted residential attached SES may be bracket-mounted on flat roofs.

d.

Surface area: There shall be no surface area limitation for roof-mounted residential attached solar energy systems.

(Ord. No. 2109, § 37, 5-24-2010)

All non-residential attached solar energy systems shall be permitted to be attached to an exterior building wall or mounted on the roof, subject to the following:

(1)

Wall-mounted non-residential attached solar energy system: A wall-mounted non-residential attached solar energy system shall be subject to the following:

a.

Location and projection: A wall-mounted non-residential attached solar energy system is permitted on the rear or side building wall of the principal building, and shall project no more than five feet from the building. A wall-mounted non-residential attached SES located on the front building wall facing a public or private street shall require approval of a special use permit.

b.

Encroachment: No part of any wall-mounted non-residential attached solar energy system shall extend more than 50 percent into any required side or rear yard setback. No part of any wall-mounted non-residential attached SES located on a front building wall subject to a special use permit shall extend more than 20 percent into any required front yard setback.

c.

Easements and rights-of-way: No part of any wall-mounted non-residential attached solar energy system shall extend into any easement, right-of-way or public way, regardless of the above-stated regulations for setback and yard requirements.

d.

Height: A wall-mounted non-residential attached solar energy system shall not exceed the maximum height in the underlying zoning district for the structure to which it is attached.

e.

Surface area: There shall be no surface area limitation for permitted wall-mounted non-residential attached solar energy system. A surface area limitation may be imposed through a special use permit for a wall-mounted non-residential attached SES on a front building wall facing a public or private street.

(2)

Roof-mounted non-residential attached solar energy systems: All roof-mounted non-residential attached solar energy systems shall be subject to the following:

a.

Location: A roof-mounted non-residential attached solar energy system may be mounted on the roof of any principal or accessory building. In no instance shall any part of the roof-mounted non-residential attached SES extend beyond the edge of the roof.

b.

Height: A roof-mounted non-residential attached solar energy system shall not exceed the maximum height allowed in the underlying zoning district for the structure to which it is attached.

c.

Parallel mounting: On pitched roofs, a roof-mounted non-residential attached solar energy system shall be mounted parallel to the pitch of the roof. A roof-mounted non-residential attached SES may be bracket mounted on flat roofs.

d.

Surface area: There shall be no surface area limitation for roof-mounted non-residential attached solar energy systems permitted as accessory uses. A surface area limitation may be imposed through a special use permit for a roof-mounted non-residential attached SES on a front building wall facing a public or private street.

(Ord. No. 2109, § 37, 5-24-2010)

The following standards shall apply to all solar energy systems:

(1)

Appearance, color and finish: To the extent reasonably possible, all solar energy systems shall use colors that blend with the color of the roof or other structure to which they are attached. Reflection angles from collector surfaces shall be oriented away from neighboring windows. Screening and other remedies, such as anti-glare coating, may be necessary to address glare.

(2)

Electrical wires: All electrical wires associated with a solar energy system shall be underground or otherwise concealed, to the greatest extent possible, where crossing open areas.

(3)

Access: A property owner who has installed or intends to install a solar energy system shall be responsible for negotiating with other property owners in the vicinity for any necessary access easement.

(4)

Signs: All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a solar energy system, shall be prohibited. Permitted signs shall not exceed one square foot in size.

(5)

Interconnection: No building permit for a solar energy system shall be issued until evidence is provided to the village that the utility company has been informed of the customer's intent to install an interconnected customer-owned solar energy system. The SES shall meet the requirements for interconnection and operation as set forth by the utility company. A visible external disconnect shall be provided if required by the utility company. The applicant is encouraged to work with the applicable utility before purchasing equipment. Off-grid systems shall be exempt from this requirement.

(6)

Screening: A freestanding solar energy system shall be screened from view to the extent possible without reducing its efficiency. Screening may include walls, fences or landscaping. An applicant shall locate a solar energy system so that, to the extent practical, tree removal is not required.

(7)

Maintenance: Solar energy system facilities shall be well maintained in an operational condition that poses no safety hazards. The owner of a solar energy system shall maintain such system in a safe and attractive manner, including replacement of defective parts, painting, cleaning, and other acts that may be required for the maintenance and upkeep of the function and appearance of the system. The ground upon which the solar energy system is located shall be maintained in an orderly manner, such that it is free of debris, tall grass and weeds, and any associated structures shall retain quality in appearance.

(8)

Abandonment: A solar energy system that remains nonfunctional or inoperative for a continuous 12-month period shall be deemed to have been abandoned. The owner/operator shall remove the abandoned system at his own expense within 90 days from notice by the village of such abandonment. The site shall then be returned to its original condition. If such solar energy system is not removed within 90 days, the village may remove all structures at the owner's cost and expense. Going upon the property for removal and reclamation by or on behalf of the village shall not be deemed a trespass.

(Ord. No. 2109, § 37, 5-24-2010)

(1)

Administrative approval: Approval or denial of an application to permit the installation of a freestanding or attached solar energy system, unless a special use permit is required by this article, shall be made by the planning and development administrator or designee. Other village departments, such as but not limited to, engineering and building, may assist in the review and approval or denial of an application.

a.

If the application for a solar energy system is found to be in compliance with the standards set forth in this article, the planning and development administrator or designee shall issue an approval letter to the applicant. The applicant shall then be authorized to seek all necessary building permits and approvals before proceeding with the installation of the solar energy system.

b.

If the application for a solar energy system is denied, the planning and development administrator or designee shall issue a letter to the applicant noting the reasons for denial and corrections necessary to meet the requirements of this article. The applicant may address the deficiencies and submit an amended application.

(2)

Special use approval: A special use permit for a freestanding solar energy system beyond the front yard building setback line of a non-residential zoning district but in front of the principal structure, or an attached solar energy system mounted on the front building wall facing a public or private street, within a non-residential zoning district shall be approved or denied by the village board, in accordance with the process outlined in section 106-48. The special use permit expiration and abandonment provisions shall apply as outlined in section 106-48.

(3)

Application: An application for a solar energy system shall be made on forms provided by the planning department and shall be accompanied by a site plan, drawn to scale, that includes the following information:

a.

Property lines, building setback lines and physical dimensions of the property.

b.

Location and types of major structures and natural features, such as buildings, trees, floodplain and wetlands on the property.

c.

Right-of-way of any public road that is contiguous to the property.

d.

Location of the proposed solar energy system and proposed setbacks to all property lines and nearby structures.

e.

Proposed screening, if any. Screening may be required by the village board on a case-by-case basis as specified through the special use permit.

f.

Solar energy system specifications, including manufacturer and model and rated capacity in kilowatts, materials and color. Elevation views and pictures may also be required.

g.

A statement certifying that the solar energy system does not violate any private covenants of record governing the parcel on which the SES is to be located.

h.

Any other information necessary to demonstrate compliance with the standards and requirements of this article.

(Ord. No. 2109, § 37, 5-24-2010)