1.

Purpose. The purpose of this subsection is to:

a.

Establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of building-mounted wind energy systems (BWES) and small wind energy systems (SWES);

b.

Assure that any development and production of wind-generated electricity in the village is safe and to minimize any potentially adverse effects on adjoining properties and the broader community;

c.

Facilitate the development and production of wind-generated electricity in the village in a manner consistent with the predominately low density, countryside character of the village;

d.

Promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals; and

e.

Facilitate energy cost savings and economic opportunities for village residents and businesses.

2.

Definitions. Notwithstanding section 1600.0 of this Code, when used in this subsection the following terms will have the meanings herein ascribed to them:

Abandoned WES: A WES that has not been repaired to operating condition within the applicable timeframe set forth in paragraph 3.l. of this subsection, or for which the owner has not made all submissions required pursuant to paragraph 6 of this subsection.

Ambient sound: The all-encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this subsection, the "ambient sound level" will mean the quietest of ten ten-second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs or jets). Daytime ambient measurements should be made during mid-morning weekday hours, while nighttime measurements should be made after midnight.

Blade: The portion of a WES that is designed to capture the wind, causing the shaft to turn.

Blade tip: The farthest extremes of a blade.

Daytime hours: The hours of the day from 7:00 a.m. to 10:00 p.m.

Decibel (dB): The unit of sound level based on a reference where 0 dB represents the threshold of hearing at 1,000 Hz for a healthy young adult.

FAA: The Federal Aviation Administration of the United States Department of Transportation.

FCC: The Federal Communications Commission.

Height: When used in reference to a WES, "height" will mean the vertical distance measured from grade to the highest point of the WES, including the top of the extended blade. When used in reference to any other structure, "height" will have the meaning set forth in section 1600.0 of this Code.

High quality aquatic resource: Waters of the United States or Isolated Waters of Lake County that are determined to be critical due to their uniqueness, scarcity, function and/or value, in accordance with the Lake County Watershed Development Ordinance.

Horizontal axis wind turbine (HAWT): A turbine for which the main rotor shaft is arranged horizontally, and typically for which the main rotor shaft and generator are located at the top of the tower on which the WES is mounted and pointed into the wind in order to generate electricity.

Low-frequency sound: Sound with frequencies below 100 Hz, including audible sound and sound at a frequency below that of human hearing (i.e. infrasound).

Nacelle: That part of a turbine containing the shaft, gear box, and generator.

Nameplate wattage: The amount of energy produced from a WES at maximum or optimum wind speeds within one hour, as indicated by the manufacturer.

Nighttime hours: The time between 10:00 p.m. on one calendar day and 7:00 a.m. on the next calendar day.

Nonparticipating property: A property that is not owned by the owner of the property on which the WES is proposed or installed.

Operable condition: For any WES, the condition of being capable of operating at full capacity while meeting all sound, shadow flicker and other applicable conditions set forth in this Code.

Shadow flicker: The on-and-off strobe light effect caused by the shadow of moving blades cast by the sun upon a turbine's blades.

Shadow flicker intensity: The difference or variation in brightness at a given location in the presence and absence of a shadow.

Silhouette: The area covered by moving blades of a WES turbine, as viewed from the front elevation, described in square feet.

Sound level: The A-weighted sound level in decibels (dB) (or the C-weighted level, if specified).

Structural engineer: An engineer who is licensed and registered to practice structural engineering in the State of Illinois under the Illinois Structural Engineering Act and whose principal professional practice is in the field of structural engineering.

Sun glint: The reflection of sunlight off of a surface of the turbine, tower, or other component of a WES.

Tower: The structure on which a turbine is mounted, which structure is a component of a WES.

Turbine: The blades, nacelle, and tail of a WES.

Vertical axis wind turbine (VAWT): A turbine of which the main rotor shaft is arranged vertically and that does not need to be pointed into the wind in order to generate electricity.

Wind energy system (WES): Any BWES or SWES system, regulated under this section, that uses wind to generate electricity.

3.

General regulations. Except as specifically provided otherwise in paragraphs 4 and 5 of this section, all WES will comply with the general regulations set forth in this paragraph 2100.0.3.

a.

Compliance with laws. All WES will comply with all applicable village, state, and federal laws and regulations, including, without limitation, the provisions of this subsection 2100.0, this Code, and all village building ordinances and regulations.

b.

Compliance with permits. All WES will comply with all applicable WES permits issued pursuant to this subsection, including, without limitation, all conditions imposed by the village as a condition of issuance of the permits.

c.

Interference with utilities, roads, and neighboring properties. No WES will be operated in a manner so as to interfere with any public right-of-way or any utility system in the village, or so as to interfere with the reasonable use and enjoyment of any other property in the village.

d.

General engineering regulations.

i.

All WES facilities will be designed to withstand a minimum wind velocity of 100 miles per hour, with an impact pressure of 40 pounds per square foot.

ii.

Each WES will conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute (ANSI).

iii.

All WES facilities will be equipped with automatic and manual braking systems.

iv.

For turbines greater than 20 kilowatts (kw) of nameplate capacity, the seal of a structural engineer will be required.

e.

General installation regulations.

i.

WES facilities must be installed according to manufacturer specifications.

ii.

All necessary electrical connections must be made by a licensed electrician.

f.

General sound level regulations.

i.

The average sound level produced by a WES will not exceed the following maximums in the following locations:

(1)

On any nonparticipating property located within a residential district, or used for residential purposes or for a school: 55 dB(A) during daytime hours, and 45 dB(A) during nighttime hours when measured at the property line;

(2)

On any nonparticipating property used for industrial purposes: 65 db(A) at any time when measured at the property line; and

(3)

On any other nonparticipating property: 60 db(A) at any time when measured at the property line.

ii.

No WES will operate with an average sound level more than five dB(A) above the non-operational ambient level, as measured on any nonparticipating property used for residential purposes or for a school that is within 500 feet of the WES, or, if none, on any other nonparticipating property.

iii.

To limit the level of low-frequency sound, the average C-weighted sound level during WES operation will not exceed the A-weighted ambient sound level by more than 20 dB.

iv.

Sound level meters used for sound measurement must meet the requirements of a Type 2 or better precision instrument according to ANSI S1.4 (American National Standard Specification for Sound Level Meters), and must measure the average sound level using an integrating sound level meter that meets the requirements of ANSI S1.43 (American National Standard Specifications for Integrating Averaging Sound Level Meters). Measurement procedures must meet the applicable portions of ANSI S1.29. Average sound-level will be calculated by time-averaging sound levels for a period of not less than one minute nor more than two minutes. Measurements will not be made when ground level winds exceed ten miles per hour.

v.

For purposes of calculating sound levels, five dB(A) will be added to the measured average sound level from a WES as a penalty when its sound emissions have an adverse character, as determined by the village's building commissioner in his sole discretion, that includes, without limitation, prominent tones (e.g. a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (e.g. a periodic swishing sound).

vi.

The village may require the owner of a WES, as the village may determine necessary and at the owner's sole expense, to obtain field tests or sound propagation modeling, conducted or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering, to determine whether a violation of this paragraph is occurring or has occurred. In the event that a violation is occurring, the owner will immediately discontinue operation of the WES and promptly remedy the violation.

g.

General shadow flicker regulations.

i.

No shadow flicker caused by any WES will fall on any nonparticipating property that is either located in a residential district or that is used for residential purposes or for a school:

(1)

At any time upon any building on a nonparticipating property that exists as of the date of first operation of the WES; or

ii.

No shadow flicker caused by any WES will fall on any nonparticipating property that is not located in a residential district and that is not used for residential purposes or for a school:

(1)

For more than one hour on any calendar day on any window of a building that exists as of the date of first operation of the WES; or

iii.

As a condition of any permit issued pursuant to this subsection, the village will require the applicant to commit to a schedule, that will be placed and kept on file with the economic and community development department, for turning WES turbines off, in order to ensure compliance with the applicable shadow flicker regulations set forth in this paragraph g(iii).

[h.

Reserved.]

i.

Cessation of operation in emergency. The owner of the WES will be required to immediately cease operation of the WES for the duration of any emergency, as determined by the village. For purposes of this paragraph 3.i., an emergency will mean a condition or situation caused by the WES or a natural or manmade disaster that presents an imminent physical threat of danger to life or significant threat to property.

j.

Electronic interference. WES facilities will not be operated so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, in a manner contrary to FCC regulations or other federal, state or local laws. For purposes of this paragraph 3.j., "degradation in performance" will be determined in accordance with the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electrical Industries Association.

k.

Maintenance.

i.

WES facilities will be maintained in operable condition at all times, except for reasonable maintenance and repair outages.

ii.

Should a WES become inoperable, or should any part of the WES become damaged, or should a WES violate a permit condition, the owner of the WES will cease operations immediately and remedy the condition within 90 days after receipt of a notice from the village regarding the condition; provided, however, that if the condition presents an immediate threat to the public health, safety, or welfare, the owner of the WES will immediately remedy the condition.

l.

Decommissioning.

i.

A decommissioning plan will be required to ensure that a WES is removed after its useful life. The plan will include provisions for removal of all structures (including equipment, fencing and roads) and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the WES. The decommissioning plan must include an estimate from a licensed professional engineer for the cost of decommissioning. In the event that a WES is not properly decommissioned in accordance with this section, the village will have right to enter the property to decommission the WES. Any costs incurred by the village to decommission the WES shall be paid by and recoverable from the owner of the property and the owner of the WES, who shall be jointly and severally liabale for the village's costs. The decommissioning plan and financial security must be presented to and accepted by the village prior to the issuance of a building permit for the WES. Any update to the decommissioning plan must be submitted to the village. The village reserves the right to require additional information or components to the decommissioning plan as the village deems necessary to ensure that an adequate proposal is in place to decommission the WES in its entirety and that adequate funds will be available to complete such decommissioning.

ii.

A WES that is not in operable condition for a period exceeding 90 consecutive days will be deemed abandoned. The owner of an abandoned WES and the owner of the property on which the WES is located will cause the removal of all WES structures and facilities within 90 days after receipt of a notice of abandonment from the village.

iii.

Any abandoned WES that is not removed within 90 days after receipt of a notice of abandonment will be deemed a public nuisance, which nuisance the village will have the right, but not the obligation, to summarily abate by removing such WES at the joint and several expense of the owners of the WES and of the property on which the WES is located. In the case of such removal, the village will have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the village in connection with the removal, including, without limitation, attorney fees and accrued interest.

iv.

Upon removal of the WES, the subject property will be restored to its original pre-WES-construction condition.

m.

Architectural standards. The design, materials, and location of all proposed WES facilities will be compatible with neighboring buildings as determined by the village's building façade architectural standards as set forth in section 602.9(10) of this Code.

4.

Building-mounted wind energy systems (BWES).

a.

Permitted locations. Building-mounted wind energy systems is allowed as a special use only on a property located in those residential and nonresidential districts and only upon issuance of a special use permit in accordance with the following:

i.

The owner of the property on which the BWES is proposed to be installed will submit an application for a special use permit pursuant to paragraph 8 of this subsection.

ii.

Upon the approval of a special use permit for the BWES pursuant to this subsection, the village will require a maintenance covenant to be submitted pursuant to paragraph 8 of this subsection.

b.

Installation. BWES devices may be structurally attached either on the roof or on the side of a building, in accordance with the Village Building Code and the building façade architectural standards as set forth in section 602.9(10) of this Code. There will be no maximum number of BWES devices that may be installed on any property, provided that each such device complies with all applicable provisions of this Code.

c.

Height. No portion of any BWES facility will extend more than 15 feet above the highest point of the building on which they are mounted.

d.

Diameter. Unless authorized pursuant to a special use permit, the maximum diameter of a BWES will be as follows:

i.

For a BWES that is mounted on a residential building, or on a property abutting a nonparticipating property that is located within a residential district or used for residential purposes, the diameter of the BWES will not exceed the lesser of ten feet, or 20 percent of the width of the front elevation of the building on which the BWES is mounted.

ii.

For all other BWES, the diameter will not exceed the lesser of ten feet, or 50 percent of the width of the front elevation of the building on which the BWES is mounted.

e.

Color and sun glint. BWES facilities will be finished in a neutral color. The finish will be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish will be maintained throughout the life of the BWES.

f.

Signage. No BWES will have any advertising material, writing, picture, or signage, other than warning information or manufacturer identification.

5.

Small wind energy systems (SWES).

a.

Permitted locations. A SWES is allowed as a special use only on a property located in those non-residential districts designated and only upon issuance of a special use permit in accordance with the following:

i.

The owner of the property on which the SWES is proposed to be installed will submit an application for a special use permit pursuant to paragraph 8 of this section.

ii.

Upon the approval of a special use permit for the SWES pursuant to this subsection, the village will require a maintenance covenant to be submitted pursuant to paragraph 8 of this subsection.

iii.

Any additional SWES will be allowed on a property only upon issuance of a special use permit therefor.

b.

Use and energy production restrictions. A SWES must be an accessory use to another non-residential use on a property and will not be permitted as a primary "stand-alone" use. The primary purpose of the SWES will be the production of energy for local distribution and consumption on the property on which the SWES is located. A SWES will not be constructed for the sole purpose of energy production for wholesale or retail sale purposes; provided, however, that excess energy produced by an SWES may be sold to a local electric utility company.

c.

Bulk restrictions.

i.

Setbacks. All portions of all SWES (including, without limitation, the blades of any turbines) will comply with the generally applicable setback restrictions for the zoning district in which the SWES is located and with the following setback restrictions, to be measured from the base of the SWES tower:

(1)

SWES facilities may not be constructed within or over any utility, water, sewer, or other type of recorded easement.

(2)

SWES facilities may not be constructed within 50 feet of any body of water or wetlands, nor within 100 feet of any high quality aquatic resources.

(3)

SWES facilities will be set back from all property lines, third party transmission lines, and communication towers a minimum distance equal to 110 percent of the height of the SWES.

(4)

Guy wires and anchoring systems will not be located closer than 30 feet from any property line or public right-of-way.

(5)

No SWES may be located in the front yard of any property.

ii.

Height.

(1)

SWES height. No portion of any SWES constructed in any zoning district other than a residential district will exceed 75 feet in height; provided, however, that no portion of any SWES will exceed 75 feet in height if located within 500 feet of a residential district or used for residential purposes.

(2)

Blade tip height. The blade tip, at its lowest point, will not be located at a height lower than 15 feet above the ground.

d.

Diameter. Unless authorized pursuant to a special use permit, the diameter of a SWES will not exceed ten feet.

e.

Color and sun glint. All SWES facilities will be finished in either off-white, light gray, or another neutral color. The finish will be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish will be maintained throughout the life of the SWES.

f.

Signage.

i.

No SWES will have any advertising material, writing, picture, or signage other than mandatory warning signage described in section iii below, turbine tower identification, or manufacturer or ownership information.

ii.

Except for meteorological and weather devices, or bird flight diverters on guy wires, no flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices will be attached to any portion of the SWES.

iii.

One or more warning signs, no less than 18 square inches and no greater than two square feet in area, will be posted at the base of an SWES tower. The sign will include a notice of no trespassing, a warning of high voltage, and the emergency telephone number of the owner of the SWES.

iv.

The sign area of any sign displaying the manufacturer's identification or ownership information will be no larger than one square foot.

g.

Climb prevention. Except for maintenance and other authorized personnel, the base of the tower will not be climbable for a vertical distance of 15 feet from the base, unless the tower is enclosed with an auto locked and auto closed fence that is at least eight feet in height.

h.

Lighting.

i.

SWES facilities will comply with all applicable FAA lighting regulations and any other federal, state or village lighting regulations.

ii.

SWES facilities will not be artificially lighted except as expressly required by the FAA or as necessary for the safety of personnel performing maintenance of, or repairs to, the facilities. Any such artificial lighting will be shielded so that no glare extends substantially beyond the property lines of the property on which the SWES is located.

iii.

Any security or emergency lighting will be used only to the minimum extent necessary.

iv.

In order to reduce the impact on local wildlife, only red, dual red-and-white strobe, strobe-like, or flashing lights will be used for SWES facilities.

i.

Environmental impact.

i.

SWES facilities, and the property on which such facilities are located, will be maintained in accordance with the environmental plan submitted pursuant to paragraph 8 of this section, which environmental plan will be kept on file with the economic and community development department.

ii.

In order to reduce potential bird perching and nesting, all towers used for SWES facilities will be designed as enclosed tubular structures with pointed tops (monopoles), rather than lattice structures, unless alternative mitigation strategies are otherwise approved by the village.

j.

Burial of electrical wires. All electrical wires and lines connecting to the SWES facilities will be installed underground.

k.

Reporting to village. Not less than once every 12 months, the owner of each WES will submit to the village a sworn statement that the operation and maintenance of the WES has been performed in compliance with all applicable directions issued by the manufacturer, along with supporting evidence as may be requested by the village.

6.

Indemnification. The owner of each WES, and the owner of the property on which the WES is located, will jointly and severally defend, indemnify and hold harmless the village and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney's fees arising out of any permit, approval, inspection, or other act or omission of the village, or any acts or omissions of the owners concerning the operation of the WES project without limitation, whether said liability is premised on contract or on tort.

7.

Subsequent development. No WES that is constructed and operated in compliance with this subsection will be deemed to be in violation of this subsection solely as a result of any construction on, or rezoning of, any nonparticipating property that occurs after the first date of operation of the WES.

8.

Applications for wind energy systems. In addition to such other data and information ordinarily required in connection with an application for a special use permit, an application for a special use permit for a WES should submit to the village as part of its application at least the following information:

a.

Generally applicable requirements.

i.

Project proposal.

(1)

A project summary, including, without limitation, the manufacturer information and number of proposed turbines.

(2)

Current photographs of the proposed location of the WES.

(3)

A front elevation depiction of the subject property, showing the location and proposed height of the top of the turbine from top of the building.

ii.

Insurance. Proof of homeowner or business general liability insurance, as appropriate, with a minimum coverage level of $1,000,000.00 per occurrence.

iii.

Electric utility. Approval letter from the local electric utility company, if the system is to be connected to the energy grid.

iv.

Manufacturer's directions. A copy of the directions issued by the manufacturer of the proposed WES for the proper installation, operation, and maintenance of the WES.

v.

Certification of design compliance. A certification of design compliance for the proposed WES with respect to the applicable noise, structural, and safety regulations set forth in this subsection, which certification must have been obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

vi.

Contact information. The name of a local contact with authority to operate or repair the proposed WES as needed and at any time, and the telephone number at which such contact may be reached on a 24-hour basis. At all times during which the WES is in operable condition, the applicant will have the duty to notify the village of any changes to the information required pursuant to this subparagraph 8(a)(vi).

b.

Additional BWES requirements.

i.

Engineering plans. Engineering plans, which must include, without limitation, the manufacturer's engineering specifications of the turbine, nameplate wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production.

ii.

Site plan. A site plan, drawn to scale, signed and sealed by a professional engineer licensed in the State of Illinois, and including, without limitation, the following:

(1)

The location of any overhead or underground power lines and utility easements; and

(2)

The locations and the expected duration of shadow flicker caused by the BWES facility.

c.

Additional SWES requirements.

i.

Engineering plans. Engineering plans, which must include, without limitation, the manufacturer's engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production (see sound level standards below). For turbines with a nameplate wattage capacity exceeding 20 kilowatts, the plans must be sealed by a structural engineer.

ii.

Site plan. A site plan, drawn to scale, signed and sealed by a professional engineer licensed in the State of Illinois, and including, without limitation, the following:

(1)

The existing and proposed contours, at a minimum of two-foot intervals;

(2)

The location, setbacks, exterior dimensions and square footage of all structures on the subject property and all nonparticipating properties located within 100 feet of the subject property if the proposed SWES will be of a height not greater than 100 feet, and within 500 feet of the subject property if the proposed SWES will be of a height greater than 100 feet;

(3)

The location and size of existing waterways, wetlands, 100-year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers, and water distribution systems;

(4)

The location of any overhead or underground power lines and utility easements; and

(5)

The locations and the expected duration of shadow flicker caused by the SWES facility.

iii.

Soil studies. For all proposed turbines to be constructed at a height greater than 100 feet, or of a structural weight greater than 5,000 pounds, the applicant will submit a soil analysis measured at the proposed location for the base of the proposed tower and a drawing stamped by a structural engineer, in order to demonstrate that the soils are able to support the structural weight of the proposed SWES. For purposes of this subparagraph 8.c.(iii), structural weight will include the tower, wind turbine generator, and any other components otherwise supported by the base foundation of the proposed SWES.

iv.

Environmental impact studies and plans.

(1)

For any proposed SWES in excess of 75 in height, the applicant will request, and submit to the village, evaluations regarding the impact of the proposed SWES on the local environment and local wildlife from the Illinois Department of Natural Resources, the United States Fish and Wildlife Service, and the Lake County Soil and Water Conservation District.

(2)

Upon request of the village, the applicant will submit an environmental plan to mitigate or eliminate any adverse impact of the proposed SWES on the local environment and local wildlife, which plan will be subject to the approval of the village in consultation with the Illinois Department of Natural Resources and the United States Fish and Wildlife Service.

(Ord. No. 18-12-01, 12-17-2018)

1.

Purpose. The purpose of this subsection is to:

a.

Establish reasonable and uniform regulations for the location, installation, operation and maintenance of solar energy systems.

b.

Assure that any development and production of solar energy systems is safe and minimizes any potentially adverse effects on the community.

c.

Promote the supply of sustainable and renewable energy resources in support of national, state and local goals.

d.

Facilitate energy cost savings and economic opportunity for residents and businesses in Lake County.

2.

Definition. When used in this subsection the following term shall have the meaning herein ascribed to it:

a.

Solar energy system. An energy system that consists of one or more solar collection devices, solar energy related equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility in accordance with the law.

3.

General regulations. Except as specifically provided otherwise in subsections 3 and 4 of this section, all SES shall comply with the general regulations set forth in this paragraph 2101.2.

a.

Compliance with laws. All SES shall comply with all applicable village, state and federal laws and regulations, including, without limitation, the provisions of this subsection 2101.0, this Code, and all village building ordinances and regulations.

b.

Compliance with permits. All SES shall comply with all applicable SES permits issued pursuant to this subsection, including, without limitation, all conditions imposed by the village as a condition of issuance of the permits.

c.

Interference with utilities, roads, and neighboring properties. No SES shall be operated in a manner so as to interfere with any public right-of-way or any utility system in the village, or so as to interfere with the reasonable use and enjoyment of any other property in the village.

d.

General engineering regulations. All SES shall conform to all applicable industry standards.

e.

General installation regulations.

i.

SES facilities must be installed according to manufacturer specifications.

ii.

No SES shall be constructed or installed without obtaining all required municipal permits.

iii.

All construction and installation shall be in accordance with the 2015 International Building Code (as amended), the 2014 National Electrical Code (as amended), the 2015 International Residential Code and the Zoning Ordinance.

f.

Maintenance.

i.

SES facilities shall be maintained in an operable condition at all times, except for reasonable maintenance and repair outages.

ii.

Should a SES become inoperable, or should any part of the SES violate a permit condition, the owner of the SES shall cease operation immediately and remedy the condition within 90 days after receipt of a notice from the village regarding the condition; provided, however, that is if the condition presents an immediate threat to the public health, safety or welfare, the owner of the SES shall remedy the condition promptly.

g.

Signage.

i.

No SES shall have any advertising material, writing, picture, or signage other than manufacturer or ownership information.

ii.

No flag, decorative sign, streamers, pennants, ribbons, spinners or waiving fluttering or revolving devices shall be attached to any portion of a SSES.

iii.

The sign area of any sign displaying the manufacturer's identification or ownership information shall be no larger than one square foot.

h.

Decommissioning.

i.

A SES that is not in operable condition for a period exceeding 30 consecutive days, shall be deemed abandoned. The owner of an abandoned SES and the owner of the property on which the SES is located shall cause the removal of all SES structures and facilities within 30 days after receipt of a notice of abandonment from the village.

ii.

Any abandoned SES that is not removed within 30 days after receipt of notice of abandonment shall be deemed a public nuisance, which nuisance the village shall have the right, but not the obligation, to summarily abate by removing the SES at the joint and severable expense of the owners of the SES and of the property on which the SES is located. In the case of such removal, the village shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the village in connection with the removal, including without limitation, attorney fees and accrued interest.

iii.

Upon removal of the SES, the subject property shall be restored to its original pre SES-construction condition.

i.

Architectural standards.

i.

The design, materials and location of all proposed SES facilities shall be compatible with the building(s) on the property as well as building on adjoining properties as determined by the village's building façade architectural standards as set forth in subsection 602.9(10) of this Code.

ii.

Exposed framing systems and support structures for SSES shall be color compatible with the principal structure colors.

iii.

Exposed framing systems and support structures for SSES be of a color compatible with the roofing material color.

j.

Residual energy. Energy produced in excess of on-site consumption may be sold back to the electric utility service provider that serves the proposed site for use with the existing energy grid. For the purposes of this ordinance a solar energy system including building mounted and ground mounted systems.

k.

[Solar energy systems.] Solar energy systems as described in the article are permitted in all zoning districts as an accessory use to a permitted principal use subject to the standards for accessory uses in the applicable zoning district and the specific criteria set forth in this article.

4.

Additional regulations for specific types of SES.

a.

Building-mounted solar energy systems (BMSE).

i.

Permitted locations. BMSE are allowed on property located in any residential or non-residential zoning districts.

ii.

Installation. BMSE may be structurally attached to the roof of a building, if in accordance with the 2015 International Building Code (as amended). The BMSE shall occupy a maximum of 80 percent of the roof area unless otherwise determined by the Greater Round Lake Fire Protection District, but in no case shall exceed the maximum height requirement of the zoning district in which it is located.

iii.

Height. No portion of a BMSE shall extend more than six feet above the roof and shall be permitted to exceed the zoning district's height up to ten feet in which it is located.

iv.

BMSE and associated equipment shall be screened from view with landscaping or screen walls consistent with the principal structure design, materials and colors.

v.

BMSE can be installed on the principal structure of a lot or an accessory structure if allowed by Village Building Codes.

vi.

A preliminary roof evaluation by a registered structural engineer shall be provided.

vii.

Panels shall be designed to prohibit sun reflection towards vehicular traffic and any habitable portions of adjacent structures reflection onto an adjacent roof is unacceptable.

b.

Ground-mounted solar energy systems (GMSE).

i.

Permitted locations. Ground-mounted systems are allowed in any residential or non-residential zoning districts.

ii.

Installation. Ground-mounted systems shall be installed in conformance with the following:

1.

Shall be set back a distance equal to or more than one times the system height of ten feet.

2.

No ground mounted system shall be located in the front yard or corner side yard.

3.

No part of a ground mounted system shall be located or protrude into a dedicated easement.

4.

Shall be screened from adjoining properties in a manner not to adversely affect its operation.

5.

Ground mounted solar panels shall not exceed two percent of the total lot area. For purposes of determining compliance with lot coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding GMSE's shall be considered pervious coverage so long as pervious conditions are maintained underneath the GMSE.

5.

Indemnification. The owner of any solar energy system and the property owner on which solar energy system is located, shall jointly and severally defend, indemnify and hold harmless the village and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever including attorney's fees arising out of any permit, approval, inspection, or other act or omission of the village, or any acts or omissions of the owners concerning the operation of any solar energy system without limitation, whether said liability is premises on contract or on tort.

6.

Application requirements. An applicant for an SES must submit to the village as part of its application at least the following information:

a.

Generally applicable requirements.

i.

Name, address and telephone number of the applicant.

ii.

Name, address and telephone number of the person, firm or corporation constructing and installing the SES.

iii.

Elevation drawings(s) and/or photographs and site plan showing location, size and design details of the SES.

iv.

Manufacturer specifications of the solar collectors and devices including wattage capacity, dimensions of collectors, mounting mechanisms and/or foundation details and structural requirements.

v.

Each system shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).

vi.

A certificate of compliance demonstrating the system has been tested and approved by the Underwriters Laboratories (UL) or other approved independent testing agency.

vii.

The village will recognize and allow any new solar energy that is certified by ANSI, UL, or any equivalent certification entity.

viii.

Any other information required by the village to show full compliance with this and other applicable laws, ordinances, rules and regulations.

ix.

The applicant for any type of solar energy system shall notify all adjoining property owners of the application. This shall include any property owners across a public right-of-way.

(Ord. No. 18-12-01, 12-17-2018; Ord. No. 19-05-03, 5-20-2019)