The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and location of a Battery Energy Storage System (BESS). The intent of these regulations is to protect the public health, safety, and community welfare without unduly restricting the development of a Battery Energy Storage System (BESS).

BESS are subject to the following requirements:

A. Setbacks:

1. Perimeter Setback: The front, side, and rear yard setbacks shall be a minimum of one hundred fifty (150) feet from the property lines or right-of-way which form the outside perimeter of a BESS Project Area. 2. Residential Structure Setback: All components, except the interconnection point, installed as part of the BESS shall be setback at least five hundred (500) feet from the BESS project property line to a residential structure not located on the subject property. However, the developer of the BESS can obtain and record with the Sangamon County Recorder a written, signed, and notarized statement from the owner of the property containing said structure waiving this setback. In that case, the minimum setback from said structure shall be reduced to two hundred (200) feet.

B. Fencing.

1. A fence of at least seven (7) feet in height shall enclose and secure the BESS and comply with Chapter 17.44. 2. A Knox Box shall be installed at all gate entrances along with emergency contact information for the project operator.

C. Ground Cover, Screening, and Buffer Areas:

1. Areas within ten (10) feet on each side of the BESS shall be cleared of combustible vegetation and other combustible materials. 2. Any part of the BESS that is within five hundred (500) feet of a property line or right-of-way, or within one thousand five hundred (1,500) feet of a residential structure, shall be screened. Additional screening may also be required if the County Zoning Administrator deems such is necessary. 3. The screening shall include a continuous line of native evergreen foliage, and/or native shrubs, and/or native trees, and/or any existing wooded area. The landscaping shall not be required if the BESS is not visible to a dwelling by virtue of the existing topography as determined by the Sangamon County Zoning Administrator. 4. All screening shall be maintained by the BESS owner for the life of the facility, with replacement plantings and/or berm maintenance conducted as necessary. Failure to do so will be a violation of the Conditional Permitted Use ordinance.

D. Power and Communication Lines. Power and communication lines running to and from the BESS shall be buried underground, except at the interconnection point to the electrical grid. Exemptions may be granted by the County Zoning Administrator in instances where water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Administrator. In addition, the Illinois Department of Agriculture (IDOA) has established standards and policies in the Agricultural Impact Mitigation Agreements (AIMA) regarding the construction or burial of electric transmission lines, which should be agreed to and adhered to between the landowner and the developer.

E. Agriculture Impact Mitigation Agreement (AIMA).

1. A signed copy of the Agricultural Impact Mitigation Agreement shall be submitted prior to the issuance of any building permits.

BESS shall conform to applicable industry standards, including those from the Underwriters Laboratory (UL).
All applicable county, state, and federal codes and regulations shall be followed.

The petition for a Conditional Permitted Use for a BESS shall include:

A. A written summary of the project including:

1. A general description of the project, including its approximate capacity; 2. Number of structures; and, 3. The system height.

B. The name(s), address(s), and phone number(s) of the property owner and/or BESS operator.

C. A site plan showing the following:

1. Boundaries of the site. 2. Property lines. 3. Setback lines. 4. Existing or proposed easements. 5. Location of all existing structures with their uses identified. 6. All proposed structures, including, but not limited to, the project BESS, the project substation, interconnection substation, on-site generators (if applicable), and any ancillary equipment (if applicable). 7. On-site vehicular circulation. 8. Vehicular parking. 9. Sidewalks. 10. Fencing. 11. The location and size of sanitary sewers and water mains if public facilities or approved community facilities are available. If public facilities are not available, the location of on-site systems shall be shown. 12. Proposed site grading with elevations, including floodplain (if applicable). 13. Storm water drainage including retention/detention areas. 14. Fire hydrant locations (if applicable). 15. Landscaping screening plan (if applicable).

D. Letters from the serving utility companies indicating the availability and adequacy of utility services.

E. Approval from the County Engineer and respective Road District Commissioner authorizing the access to any public roadway. The County Engineer shall also provide approval for all on-site drainage and vehicular flow on the BESS Project Area.

F. All other information contained in Chapters 17.58, 17.66, and 17.68 of this Zoning Ordinance as may be required to file a petition.

G. A minimum fee of $5,000 per megawatt or portion there of the nameplate capacity not to exceed $50,000.

Before a building permit is issued, the following shall be submitted to the appropriate Sangamon County permitting office for review:

A. An updated site plan with all items previously required in the petition.
B. Emergency plan. The site and emergency plan shall be submitted to the local fire protection district(s) and/or department(s) whose jurisdiction is included in whole or in part within the BESS Project Area. Any specialized training or equipment necessary will be provided at the operator’s expense.

C. All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this ordinance.

D. Results from the Illinois Department of Natural Resources’ Ecological Compliance Assessment Tool (EcoCAT).

E. Results from the consultation with the Illinois State Historical Preservation Office.

F. After an approved final inspection of all building permits, a certificate of compliance shall be issued.

A Certificate of Occupancy will be issued after all final inspections have been completed. A Certificate of Occupancy approval will be issued annually on the completion date and must include the following:

A. A copy of the active insurance policy and expiration date.

B. The name(s), address(s), and phone number(s) of the property owner and/or BESS operator.

C. Any alterations to the site.

D. Annual fee $500.

The facility owner will submit a decommissioning plan provided by a third party licensed engineer approved by the County with all requirements stated in the NFPA 855 and:

A. Removal of all structures with no purpose and all debris to a depth of three (3) feet, and restoration of the soil and any vegetation to a reasonably similar state prior to construction within eighteen (18) months.

B. Financial assurance approved by the County of a commercially available financial assurance naming the County as the beneficiary. The decommissioning cost shall be updated every five (5) years. The financial assurance will be incrementally as follows:

1. 25% before the start of operation. 2. 50% before the 5th year. 3. 100% before the 10th year.