The provisions of this article apply to solar energy facilities. The purpose and intent of this article is to preserve and protect the public health, safety, comfort, and general welfare without significantly increasing the cost or decreasing the efficiency of a solar energy facility and to allow for the orderly development of land and protect the property values and esthetic conditions within the village.

(Code 2009, § 9-16-1; Ord. No. 2019-01-28(B))

This article applies to all property and lands within the corporate limits of the village.

(Code 2009, § 9-16-2; Ord. No. 2019-01-28(B))

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means to give up, discontinue, and withdraw from any solar energy facility that ceases to produce energy on a continuous basis for 365 calendar days.

Fence means a continuous barrier extending from the surface of the ground to a uniform height of not less than six feet from the ground at any given point, constructed of dirt, wood, stone, steel, or other metal, or any substance of a similar nature and strength.

Gate means a door or other device attached to a fence which, when opened, provides a means of ingress and egress of persons and things for which it was intended, and which, when closed, forms a continuous barrier as part of the fence to which it is attached.

Improved area means the area containing any one or more of the following: solar collectors, solar storage mechanisms, solar panels, electrical inverters, storage buildings, or access roadways.

Residence means a building used as a dwelling for one or more families or persons.

Roadway means any street, roadway, highway, alleyway, or thoroughfare which is located within the village.

Solar collector means:

(1)

An assembly, structure, or design, including passive elements, used for gathering, concentrating, or absorbing direct or indirect solar energy, specially designed for holding a substantial amount of useful thermal energy and to transfer that energy to a gas, solid, or liquid or to use that energy directly;

(2)

A mechanism that absorbs solar energy and converts it into electricity;

(3)

A mechanism or process used for gathering solar energy through wind or thermal gradients; or

(4)

A component used to transfer thermal energy to a gas, solid, or liquid, or to convert it into electricity.

Solar energy means a radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

Solar energy facility includes a solar farm, solar collector, solar storage mechanism, or solar energy system; a facility, area of land, or structural rooftop principally used to convert solar energy to electricity, which includes, but is not limited to, the use of one or more solar energy systems, provided, however, the term "solar energy facility" only includes those solar energy facilities that sell electricity to be used off-site from where it is collected and converted.

Solar energy system means:

(1)

A complete assembly, structure, or design of a solar collector or solar storage mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials;

(2)

The design, materials, or elements of a system and its maintenance, operation, and labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system; and

(3)

Any legal financial, or institutional orders, certificates, or mechanisms, including easements, leases, and agreements, required to ensure continued access to solar energy, its source, or its use in a solar energy system, and including monitoring and educational elements of a demonstration project.

Solar farm means a solar energy facility.

Solar storage mechanism means equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers, or controls thereof, and gases, solids, liquids, or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.

(Code 2009, § 9-16-3; Ord. No. 2019-01-28(B))

(a)

Solar energy facility in agricultural and industrial districts. A solar energy facility may be located and permitted in an agricultural or industrial district, but only when authorized and approved as a special use by the board of trustees after public hearing and recommendation by the zoning board of appeals.

(b)

Requirements, restrictions and conditions. Such special uses as may be permitted in such zoning districts shall be subject to the following requirements, restrictions, and conditions:

(1)

Lot area and lot width. Each such special use shall provide a minimum lot area of five acres.

(2)

Yards. All structures to be constructed, altered, or moved in the agricultural and industrial districts shall provide yards of the following minimum depths:

a.

Front yard: 50 feet.

b.

Side yards: 15 feet, except where a side yard abuts a residential district, in which case a side yard of 50 feet shall be provided.

c.

Rear yard: 30 feet.

d.

Corner lots: Corner lots shall provide the minimum front yard requirements on each street side of the lot.

(3)

Building height. No building or structure shall exceed 50 feet in height.

(4)

Off-street parking and loading. There shall be adequate off-street parking and loading in accordance with the schedules in article XII of this chapter.

(5)

Improved areas. Improved areas shall be at least 100 feet from any residence or church, measured from the nearest point of any such residence or church.

(6)

Fencing. Solar energy facilities shall be completely fenced with a gate as defined in section 30-600 and the perimeter fence shall be designed to restrict unauthorized access.

(7)

Signs. An information sign shall be posted and maintained at the entrances and at all four sides of the fencing and each such information sign shall list the name and telephone number of the operator.

(8)

Power lines. On-site power lines between solar panels and inverters shall be placed underground.

(9)

Identification and warning sign. The manufacturer's or installer's identification and appropriate warning sign shall be posted on or near the solar panels in a clearly visible manner.

(10)

Batteries. If the solar energy facility consists of batteries or storage of batteries, adequate design must be provided to ensure all local, state, and federal requirements regulating outdoor battery storage have been met.

(11)

Interference. The operation of a solar energy facility shall not prevent, eliminate, or mitigate any interference with cellular, radio, or television signals, and the owner of a solar energy facility shall take such reasonable steps as are necessary to prevent, eliminate, or mitigate any interference with cellular, radio, or television signals caused by the solar energy facility.

(12)

Inspection. The zoning administrator and/or the zoning administrator's delegate shall be allowed to enter and may enter any property or solar energy facility from time to time for which a special use or building permit has been issued to conduct an inspection to determine whether the terms, requirements, restrictions, and conditions stated in the special use or building permit or in this article have been met.

(13)

Compliance. Each solar energy facility shall comply with all applicable local, state, and federal laws, statutes, ordinances, rules, regulations, and requirements.

(14)

Requirements, restrictions, and conditions. Any and all other requirements, restrictions, or conditions as the board of trustees believes necessary or appropriate and directs to further the purposes of such zoning districts and to address any one or more or all of the factors set forth in 30-602(c).

(15)

Change of special use. No special use shall be changed except by authorization of the board of trustees after a public hearing and recommendation by the zoning board of appeals.

(16)

Termination of special use.

a.

A special use, as described in this section, shall terminate if not used for a period of 12 months;

b.

The solar energy facility is not installed and functioning within 730 calendar days from the date the special use permit is issued; or

c.

The solar energy facility is out of service or otherwise unused or is abandoned for a continuous 365 calendar day period.

(17)

Ownership. A special use, as described herein, shall be limited solely to the existing sole owner of said property granted such special use under this article.

(18)

Property ownership. A special use, as described in this section, shall terminate, without further action, immediately upon the leasing of the special use property to anyone other than the existing owners of the property granted such special use or immediately upon any future transfer of ownership of the property granted such special use to anyone other than to one of the existing owners of property granted such special use or to their respective heirs or testamentary devisees.

(19)

Termination. A special use, as described herein, shall, without further action, immediately terminate:

a.

Upon the exercise of any other use of any kind, nature, or extent whatsoever on the property granted such special use thereunder;

b.

Upon the exercise of any other use not permitted in such zoning district where the solar energy facility is located; or

c.

Upon the majority affirmative vote of the board of trustees, exercised in its sole discretion, upon any violation of any one or more of the terms, restrictions, provisions, or conditions of a special use, as described herein.

(20)

Restoration requirements. The owner of a solar energy facility shall provide the zoning administrator with a written notice of termination of operations or abandonment of the solar energy facility. Within 120 consecutive calendar days immediately following the village's receipt of such written notice or within 120 consecutive calendar days immediately following the termination of such special use as stated in this section, whichever event first occurs, the owner of each solar energy facility shall:

a.

Remove all structures, buildings, solar panels, above-ground improvements, outdoor storage, fencing, equipment, and roadways;

b.

Completely remove all foundations, pads, and underground electrical wires;

c.

Remove all hazardous material from the property and dispose of the hazardous material in accordance with all federal, state, and local laws, statutes, ordinances, rules, and regulations; and

d.

Restoration of all soil and vegetation.

(21)

Decommissioning plan.

a.

Prior to the issuance of any special use or building permit for a solar energy facility, a decommission plan document that details the planned shutdown or removal of a solar energy facility from operation or usage shall be submitted by the applicant to ensure that the solar energy facilities are property removed after their useful life or abandonment or after termination the special use. The decommission plan shall include provisions for the aforesaid restoration requirements and a plan ensuring financial resources will be available to fully decommission and restore the site as required in this article.

b.

The owner of a solar energy facility shall submit an update to this decommissioning plan every three years following issuance of the special use.

c.

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 solar energy facility in its entirety and that adequate funds are available for such work.

(22)

Bonds. Prior to the issuance of a special use permit, the owner of a solar energy facility shall provide the village with a performance and payment bond with adequate security or surety bond in an amount determined adequate by the board of trustees to guarantee the performance of the aforesaid restoration requirements and decommissioning plan.

(Code 2009, § 9-16-4; Ord. No. 2019-01-28(B))

(a)

Special use permit applications shall be submitted to the zoning administrator. The application must be on a form approved by the zoning administrator and must be accompanied by one complete set of completed construction plans prepared, signed, and sealed by a structural engineer and by an architectural engineer both with a current state license to practice in the state and 20 copies of a scaled drawing, other descriptive information sufficient to enable the zoning board of appeals and board of trustees to determine whether the requirements of this article will be satisfied, and such other information as may be specified on the application form. The zoning administrator will review the application materials for completeness and may request that the applicant provide additional information. When the zoning administrator determines that the application is complete, the zoning administrator will forward a copy of the application to the board of trustees and zoning board of appeals. A copy of the application to the utility company that will be purchasing electricity from the proposed site shall also be provided by the applicant.

(b)

The board of trustees will conduct a public hearing on the application within 60 days after the application is determined by the zoning administrator to have been satisfactorily completed and submitted and following the statutory minimum 15-day public notice publication in the local newspaper of general circulation within the village.

(c)

The board of trustees may grant a special use permit if it determines that the requirements of this article are met and that granting the permit will not unreasonably interfere with the orderly land use and development plans of the village. The board of trustees and the zoning board of appeals may consider all relevant factors when it decides to impose additional requirements, restrictions, or conditions in addition to those set forth in section 30-601, including, but not limited to, the following:

(1)

Proposed ingress and egress.

(2)

Proximity to transmission lines to link the system to the electric power grid.

(3)

Number of solar panels and their location.

(4)

Nature of land use on adjacent and nearby properties.

(5)

Location of other energy systems in the surrounding area.

(6)

Surrounding topography.

(7)

Proximity to residential structures, residential zoning districts, or areas identified for future residential use.

(8)

Design characteristics that may reduce or eliminate visual obtrusiveness.

(9)

Possible adverse effects on animals and wildlife.

(10)

Possible adverse effects of stray voltage, interference with broadcast signals, and noise.

(11)

Impact on the orderly development, property values, and esthetic conditions within the county.

(12)

Map of surface drainage patterns.

(13)

Drainage tile map.

(14)

Compliance with state drainage laws.

(15)

Recommendations of any aggrieved parties that may be affected by the solar energy facility.

(16)

Consideration of any potential damage to any existing field tile with installation of panels or fencing.

(17)

Whether there is a weed control plan for inside and outside of the fenced in property.

(18)

Reasonable evidence of financial ability to construct the solar energy facility as determined by the board of trustees is a condition precedent to the issuance of any special use or building permit under this article.

(19)

Any and all other factors relevant to the proposed solar energy facility.

(d)

A special use permit approved by the board of trustees is required for each solar energy facility. The application for a special use permit must be accompanied by the application fee required for each solar energy facility. The application fee is in the amount provided in the village's fee schedule for each solar energy facility.

(e)

A building permit is required for the installation of each solar energy facility or solar farm. The application for a building permit must be accompanied by the fee required for each solar energy facility or solar farm. The building permit fee for each solar energy facility or solar farm is in the amount provided in the village's fee schedule.

(f)

Building permit applications shall be submitted to the zoning administrator. The application shall be on a form approved by the zoning administrator from time to time and shall be accompanied by two copies of a drawing that shows the proposed location and distance of the solar energy facility with reference to the property lines of the parcel on which it is located, the location of any residence, business, or public building on an adjacent parcel, the right-of-way of any public road that is within 500 feet, and such other information as may be specified on the application form. The application shall also be accompanied by completed construction plans for each solar energy facility that is prepared, signed, and sealed by a structural engineer and by an architectural engineer both with a current license to practice in the state. Special inspections by approved inspection agencies may also be required. The zoning administrator will issue a building permit for a solar energy facility if the application materials show that the proposed location meets the requirements of this article, the special use permit issued by the village, and all other applicable provisions of this Code. If the application is approved, the zoning administrator will return one copy of the drawing with the building permit and retain the other copy with the application. If the application is rejected, the zoning administrator will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The building permit must be conspicuously posted on the premises so as to be visible to the public at all times until construction or installation of the solar energy facility is complete.

(g)

Within 30 consecutive calendar days immediately following the completion of construction of the solar energy facility or solar farm, but in any event prior to the issuance of a certificate of occupancy by the zoning administrator, the owner and developer thereof shall provide to the zoning administrator a complete paper copy set and a complete digital set on a flash drive of as-built plans and specifications for the solar energy facility or solar farm.

(Code 2009, § 9-16-5; Ord. No. 2019-01-28(B))

(a)

It is unlawful for any person to construct, install, maintain, modify, or operate a solar energy system that is not in compliance with any one or more of the terms, provisions, requirements, restrictions, or conditions as stated in this article or with any one or more of the terms, provisions, requirements, restrictions, or conditions contained in a special use or building permit issued pursuant to this article.

(b)

The village may revoke the special use and/or building permit if the permittee, owner or operator of the solar energy facility violates any one or more of the terms, provisions, requirements, restrictions, or conditions as stated in this article or with any one or more of the terms, provisions, requirements, restrictions, or conditions contained in a special use or building permit issued pursuant to this article.

(c)

In addition to, and not in lieu of, any other right or remedy of the village, each owner of the property that is subject to such special use shall be assessed a fine or penalty in an amount n established in section 1-8 for each violation of any one or more terms, provisions, requirements, restrictions or conditions of such special use or for failure to comply with any provision of this article.

(Code 2009, § 9-16-6; Ord. No. 2019-01-28(B))