This article is established to create standards for the installation of commercial solar energy facilities 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.

(Ord. No. 3135, § 3, 9-23-2024)

Commercial solar energy facility means a solar energy system that comprises one of the primary use(s) on the parcel of land on which it is located, or any solar energy system that has a primary purpose for wholesale or retail sales of generated electricity.

Concentrated solar power system means a solar energy system that uses mirrors to reflect and concentrate sunlight onto receivers that collect solar energy and convert it to heat. The thermal energy is then used to produce electricity via a steam turbine or heat engine that drives a generator.

Ground-mounted commercial solar energy facility means a commercial solar energy facility comprised of a system of solar panels installed on the ground to convert sunlight into electricity for a community or building for the purpose of sale or resale. Ground-mounted solar panels are usually mounted on racks or posts that are anchored to the ground, and are tilted at an angle to face the sun.

Roof-mounted commercial solar energy facility means a commercial solar energy facility comprised of a system of solar panels in which the racking that holds the panels in place and/or the panels themselves are installed directly on the roof of a commercial or industrial building to convert sunlight into electricity for a community or building for the purpose of sale or resale. Panels can be attached to flat or sloping metal, shingle or rubber roofs.

Solar energy system means any combination of solar panels or solar arrays, including mounting structures, inverters, and other accessory equipment, used for the generation and storage of electricity. As used in this article, solar energy system shall not include systems for which the primary purpose is to provide for the collection, inversion, storage and distribution of solar energy for electricity generation, space heating, space cooling or water heating, incidental and subordinate to a permitted use on the same parcel or lot 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.

(Ord. No. 3135, § 3, 9-23-2024; Ord. No. 3153, § 5, 12-16-2024)

A commercial solar energy facility shall comply with all of the following:

(1)

Special use. No building permit for a commercial solar energy facility shall be issued until a special use permit has been approved by the village board in accordance with the provisions of section 106-48 of this chapter. The special use permit may be revoked any time the approved facility does not comply with the rules set forth in this article or any of the conditions imposed by the village board on such special use permit.

(2)

Permit required. The owner/operator of a commercial solar energy facility 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.

(3)

Code compliance. A commercial solar energy facility 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 commercial solar energy facility.

(4)

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

(Ord. No. 3135, § 3, 9-23-2024)

All commercial solar energy facilities shall comply with the following:

(1)

Height. Any and all buildings and structures constructed in connection with a commercial solar energy facility shall comply with the height limits of the underlying zoning district. No part of any ground-mounted solar energy system may exceed 20 feet in height when oriented at maximum tilt. No part of any roof-mounted solar energy facility may exceed a height when oriented at maximum tilt that is visible from the immediate public street or adjacent residential use, nor exceed the maximum permitted height of the zoning district in which the building is located.

(2)

Ground-mounted commercial solar energy facility setbacks. Ground-mounted commercial solar energy facilities, excluding fences, shall have the following setbacks:

a.

Public right-of-way. A minimum of 50 feet from the nearest edge of any public right-of-way; and

b.

Property boundaries. A minimum of 50 feet from every boundary of the parcel(s) of property on which the commercial solar energy facility is constructed; and

c.

Nearest residential dwelling unit. minimum of 150 feet from the nearest point of the outside wall of any dwelling unit or occupied residential building, unless waived by the written consent from each affected property owner, all as depicted on the site plan approved with the special use permit.

(3)

Accessory building setbacks. Any and all accessory buildings constructed in conjunction with a commercial solar energy facility shall be subject to the setback regulations for accessory buildings of the underlying zoning district.

(4)

Glare. Commercial solar energy facilities shall 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 solar energy system shall have a nonreflective finish.

(5)

Soil and ground cover. All ground-mounted commercial solar energy facilities shall comply with the following soil and ground cover requirements:

a.

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

b.

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

c.

Perennial vegetative ground cover or farm crops shall be maintained or established in required setbacks to prevent erosion and manage water runoff.

d.

All commercial solar energy facilities shall comply with all applicable Will 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.

e.

A maintenance plan shall be approved by the village board at the time of approval of a special use permit and shall be implemented during the term of the special use permit. Any revisions to said plan must be in writing and approved by the village board.

(6)

Security barrier. Ground-mounted commercial solar energy facilities shall be enclosed by perimeter security fencing or other village-approved barrier with a minimum height of six feet and a maximum height of eight feet. This security barrier may, but is not required to, be incorporated into any screening requirements of this chapter.

(7)

Screening. All commercial solar energy facilities shall be adequately screened to the satisfaction of the village in substantial conformance with a screening plan approved by the village board as part of the special use permit.

(8)

Lighting. Commercial solar energy facilities may not be permanently illuminated, unless required by the FAA or other applicable government agency or authority.

(9)

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

(10)

Agricultural impact mitigation agreement (AIMA). Prior to and as a condition of the conduct of any public hearing or the issuance of any site development and/or building permits in connection with a proposed commercial solar energy facility, 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 ensure the ultimate decommissioning of the commercial solar energy facility upon (i) termination or discontinuance of its operation or (ii) the estimated end of life of said facility's various components (if not replaced).

(11)

Conservation plan. Prior to and as condition of any hearing and/or the issuance of any site development and/or building permits in connection with a proposed commercial solar energy facility, 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 the following:

a.

The maintenance of any creeks and waterways that cross or adjoin the subject property (creek cutting is strictly prohibited); and

b.

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 commercial solar energy facility.

(Ord. No. 3135, § 3, 9-23-2024; Ord. No. 3153, §§ 6—9, 12-16-2024)

The owner and operator of the commercial solar energy facility shall be jointly and severally responsible and liable for maintaining the solar energy system, the property on which the commercial solar energy facility is located (including all property leased in connection therewith, even if more extensive than the solar energy 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. For roof-mounted commercial solar energy facilities, maintenance shall include but not be limited to periodic inspections and proper roof maintenance. For ground-mounted commercial solar energy facilities, a written maintenance plan shall be approved for the area located inside the fence and the area located outside of the fence shall be subject to the village's existing weed ordinance.

(Ord. No. 3135, § 3, 9-23-2024; Ord. No. 3153, § 10, 12-16-2024)

The owner and/or operator of a commercial solar energy facility must properly address all of the following in relation to public infrastructure:

(1)

Roads. If the owner and/or operator of a commercial solar energy facility 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 commercial solar energy facility, the road use agreement shall require the facility owner and operator to be jointly and severally responsible and liable for the following:

a.

The reasonable cost of improving roads used by the facility owner to construct the commercial solar energy facility; and

b.

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

Roadways improved in preparation for and during the construction of the commercial solar energy facility shall be repaired and restored to the improved condition at the sole and exclusive cost of the developer if, in the village's sole discretion, 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 commercial solar energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a county, 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.

(2)

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

(3)

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 commercial solar energy facility as identified by the applicable road authority during all phases of construction and installation.

(4)

Drainage systems. Prior to construction, the owner/operator shall be responsible for identifying the location of all subsurface drainage systems. The owner and 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 commercial solar energy facility 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. No. 3135, § 3, 9-23-2024)

All applications for a special use permit for a commercial solar energy facility shall include the following information, in addition to all other information required by this article:

(1)

Completed special 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 the legal description that is editable.

(4)

Plat of survey drawn to scale from a professional land surveyor. The 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.

(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)

Federal Aviation Administration (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)

Site plan identifying all of the following:

a.

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

b.

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

c.

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

d.

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.

e.

Proposed product cut-sheets.

f.

Glare study.

g.

Visual screening that includes the following:

i.

A map of homes within 300 feet of the facility; and

ii.

Locations and type of existing vegetation that provides screening of views of the commercial solar energy facility; and

iii.

Topographic features that provide screening of the commercial solar energy facility.

h.

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

i.

Operation and maintenance plan for the commercial solar energy facility, 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.

j.

Proof of liability insurance.

k.

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.

l.

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

m.

Executed copy of the owner/operator's agricultural impact mitigation agreement (AIMA) with the Illinois Department of Agriculture.

n.

Conservation plan addressing conformance with the agricultural impact mitigation agreement, inspection schedule, soils, plantings/vegetation, drainage, and maintenance.

o.

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

(Ord. No. 3135, § 3, 9-23-2024)

Concentrated solar power systems are prohibited.

(Ord. No. 3135, § 3, 9-23-2024)