It is the purpose of this chapter to regulate the siting, installation, maintenance, operation, and decommissioning of solar energy facilities within the corporate limits of the City.

(Ord. 2662, 10-25-2022; amd. Ord. 2710, 3-26-2024)

For the purpose of this chapter, the following terms, phrases, words, and their derivations, shall have the meanings ascribed herein.

   A.   Any device or assembly of devices that:

      1.   Is ground installed; and

      2.   Uses solar energy from the sun for generating utility scaled electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property on which the device or devices are located.

   B.   A CSEF shall include all supporting facilities.

   A.   A person with a direct ownership interest in a CSEF regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility; and

   B.   At the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.

   A.   A school;

   B.   Place of worship;

   C.   Day care facility;

   D.   Public library; or

   E.   Community center.

(Ord. 2662, 10-25-2022; amd. Ord. 2710, 3-26-2024)

The following requirements shall govern the siting, installation, maintenance, operation, and decommissioning of any PSEF:

   A.   A PSEF shall be owned, operated, and/or maintained individually or collectively by the record owner the underlying property on which the PSEF is sited and/or a tenant of or business operating within a principal or accessory structure located on the underlying property or adjoining property under common ownership.

   B.   A PSEF shall be permitted in all zoning districts. Provided, however, a ground mounted PSEF shall be prohibited in all residential zoning districts and on any lot, or combination of adjoining lots under common ownership, of less than twenty (20) acres in total in any other type of zoning district.

   C.   The setback for building mounted PSEF shall be the same as buildings in the applicable zoning district. The setback for a ground mounted PSEF shall be measured from the nearest edge of any component of the PSEF, as follows:

      1.   One hundred fifty feet (150') from any occupied community building and residence on adjoining real property not owned by the owner of real property on which the PSEF is located.

      2.   Zero feet (0') from the property line of real property under common ownership with the real property on which the PSEF is located.

      3.   Fifty feet (50') from the nearest edge of a public road right-of-way.

      4.   Fifty feet (50') from the property line of real property adjoining the real property on which the PSEF is located but not owned by the owner of real property on which the PSEF is located.

   D.   In residential zoning districts, a building mounted PSEF shall not extend above the peak roof height of the building to which they are affixed, except that on a flat roof the height of a building mounted PSEF shall be permitted to extend not more than six feet (6') above the roof line, or above maximum permitted height in the zoning district, whichever is less. In all other zoning districts, the maximum permitted height of a PSEF is as follows:

      1.   A building mounted PSEF shall not extend more than ten feet (10') above the roof line and no more than ten feet (10') above the maximum permitted height in the applicable zoning district.

      2.   A ground mounted PSEF shall not exceed twenty (20') feet in height, excluding electric transmission lines and utility poles.

   E.   An applicant shall file a building permit application with the Building Official for the siting and construction of a PSEF. The applicant shall submit three (3) complete copies of the building permit application along with the required building permit fee in the form of a certified check and all supporting documentation. The building permit fee shall be an amount equating to ten thousand dollars ($10,000.00) per megawatt of total nameplate capacity of the PSEF. For a building mounted PSEF, the building permit application shall contain or be accompanied by the infom1ation required in Section 12-16-4 D, I. - L., as applicable, and construction plans showing all structural and electrical connections to the building. For a ground mounted PSEF, the building permit application shall contain or be accompanied by the information required in Section 12-16-4 D. - K., M., and O., as applicable.

   F.   A building mounted PSEF shall be installed by a State of Illinois licensed electrician, and the safety of the design and installation shall be certified by a State of Illinois licensed engineer. All wiring associated with a PSEF shall be underground or contained within a raceway that complements the building materials of the structure on which they are located. The installation, design, and maintenance of a building mounted PSEF shall comply with the technical codes adopted by the City and any standards that may be applicable thereto as imposed by a state or federal agency of competent jurisdiction. A building mounted PSEF shall be decommissioned in the event they are not used for twelve (12) consecutive months. Decommissioning shall be completed within six (6) months and shall require the PSEF to be deconstructed and removed from the property such that there is no evidence that a PSEF existed on the property or building. Decommissioning will not be required in the event a PSEF cannot be used for twelve (12) consecutive months for reasons outside of the control of the owner/tenant and he/they are using commercially reasonable means to place the PSEF back in use and service as expeditiously as is reasonably possible. There shall be an inspection for compliance with the above requirements by an inspector hired by the City and reimbursed by the property owner or tenant.

   G.   Unless in conflict with a provision of this section, a ground mounted PSEF shall be installed, designed, maintained and decommissioned in the same manner as a CSEF and the provisions Sections 12-16-5 through 12-16-9 shall apply to a ground-mounted PSEF; provided, however, a ground mounted PSEF shall not require a special use permit or meet the conditions thereof, but the applicant shall submit the information required by this section as a part of the building permit process.

   H.   Battery storage systems for any PSEF shall comply with NFPA 855.

(Ord. 2710, 3-26-2024)

   A.   A special use pem1it shall be required for the siting and operation of any CSEF. Provided, however, CSEFs shall be prohibited in all residential zoning districts and on any lot, or combination of adjoining lots under common ownership, of less than forty (40) acres in total in any other type of zoning district.

   B.   An applicant shall file a special use application with the Building Official for the siting and development of any CSEF. The applicant shall submit seven (7) complete copies of the special use application along with the required fee in the form of a certified check. An application shall be deemed complete when the applicable fee is submitted and all supporting documents are included.

   C.   Prior to processing any special use application for a CSEF, the applicant shall submit a certified check to the City in an amount equal to five thousand dollars ($5,000.00) per megawatt (MW) of proposed nameplate capacity, up to a maximum fee of two hundred and fifty thousand dollars ($250,000.00). These funds shall be placed in an FDIC insured money-market account and used to pay the City's costs and expenses to process the special use permit application. The applicant shall supplement the special use application fee in the event the City's actual expenses exceed the amount of the initial application fee. All fees not used shall be returned to the applicant or credited to the decommissioning escrow.

   D.   The special use permit application shall contain or be accompanied by the following information, which shall be updated by the applicant no later than ten (10) days following a change:

      1.   The name(s), address(es), phone number(s) and electronic contact information of the applicant(s), facility owner and operator, and all property owner(s). The applicant shall be required to include copies of all easements identifying ownership or interest in the properties.

      2.   A CSEF summary, including a description of the project, its approximate name plate generating capacity, the potential equipment manufacturer(s), type(s) of CSEF(s), number of CSEF(s), and name plate generating capacity of each CSEF, and the location of the project.

      3.   Sufficient documentation to verify that the applicant and facility owner financial capability to complete and decommission the CSEF project as proposed.

   E.   The applicant shall provide the City with a site plan showing the following existing conditions:

      1.   Existing property lines and property lines extending one hundred feet (100') from the exterior boundaries, including the names of adjacent property owners and current use of those properties.

      2.   Exiting public and private roads, showing widths of the roads and any associated easements.

      3.   Location and size of any abandoned wells, sewage treatments systems.

      4.   Existing buildings and any impervious surfaces.

      5.   A contour map showing topography at two-foot (2') intervals. A contour map of surrounding properties may also be required.

      6.   Existing vegetation (list type and percent of coverage: i.e. cropland/plowed fields, grassland, wooded areas etc.).

      7.   Waterways, watercourses, lakes and public water wetlands.

      8.   Any delineated wetland boundaries.

      9.   A copy of the current FEMA FIRM map that shows the subject property. And, the one hundred (100)-year flood elevation and any regulated flood protection elevation, if available.

      10.   Flood way, flood fringe and/or general flood plain district boundary, if applicable and not provided on the copy of the current FEMA FIRM map.

      11.   Mapped soils according to the Iroquois County Soil Survey.

      12.   Surface water drainage patterns.

   F.   The applicant shall provide the City with a site plan showing the following proposed conditions:

      1.   Property lines, setback lines, and layout of all structures within the geographical boundaries of any applicable setback.

      2.   Location and spacing of solar panels.

      3.   Location of access roads, access points, and turnout locations.

      4.   Planned location of underground or overhead electric lines connecting the solar farm to a building, substation or other electric load.

      5.   New electrical equipment other than at the existing building or substation that is to be the connection point for the solar farm.

      6.   Third-party transmission lines.

      7.   Sketch elevation of the premises accurately depicting the proposed solar energy conversion system and its relationship to structure on adjacent land.

      8.   A landscape plan.

   G.   The applicant shall include a weed control plan for property inside and outside fenced area for entire property to be approved by the Building Official. The property must be maintained to prevent fire hazards and be in compliance with all local, state and federal environmental regulations. No soil sterilant shall be permitted to be used on the property for weed control.

   H.   The applicant shall submit a preliminary map and plan showing the roads and rights-of-ways that will be utilized for both the construction and the operation of the CSEF. Prior to the issuance of a building permit, the applicant shall submit an executed agreement between the CSEF owner or operator and any local jurisdictional road authority with infrastructure affected by the CSEF. This agreement shall include at a minimum:

      1.   A final map identifying the routes that will be used.

      2.   A plan for maintaining and/or repairing the affected roads.

      3.   Other inclusions as specified by the City, City Engineer or any affected jurisdictional road authority.

   I.   The applicant shall submit the manufacturer's specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks.

      1.   The applicant shall submit an itemized cost estimate of the entire construction costs of the project.

   H.   The applicant shall provide a description of the method of connecting the array to a building or substation.

      1.   The applicant shall provide a written demonstration that the applicant is in the queue to acquire an interconnect agreement. Prior to pre-operation of the project, a copy of an interconnect agreement with the appropriate electric utility, or a written explanation outlining why an interconnection agreement is not necessary shall be provided.

   M.   The applicant shall include a decommissioning plan to ensure that the solar facility shall be properly decommissioned. The decommissioning plan shall include provisions for removal of all structures (including equipment, solar panels, fencing, and access roads), foundations and cabling to a depth of seventy-two inches (72") and a plan for the restoration of soil and vegetation to the same condition that existed before the construction of such improvements. Removal of solar panels must be in accordance with state and federal EPA guidelines and the panels must not be left in any condition where hazardous materials may leak into the environment. The City reserves the right to require additional information of components to the plan as the City deems necessary to ensure that an adequate proposal is in place to decommission the facility in its entirety and those adequate funds are available.

   N.   Following special use application approval, the applicant is eligible to apply for a building permit. The building permit fee shall be an amount equating to ten thousand dollars ($10,000.00) per megawatt of total nameplate capacity. The applicant shall pay the fee in the form of a certified check payable to the City.

   O.   Prior to the issuance of a building permit and as part of the building permit application submittal, a map showing the location of any and all subsurface drain tiles shall be provided to the Building Official and the appropriate drainage district, if any.

   P.   An applicant shall notify the Building Official of any changes to the information provided on the special use application or building permit application that occur while the application is pending. Failure to notify the Building Official shall constitute grounds for the immediate rejection of the application and denial of the permit.

(Ord. 2710, 3-26-2024)

   A.   A licensed Illinois professional engineer shall certify that the foundation and design of the CSEF is within accepted professional standards, given local soil and climate conditions.

   B.   A CSEF shall be designed, installed and conform to applicable industry standards, including those of the American National Standards Institute (“ANSI").

   C.   A CSEF and the property on which it is located shall be maintained in compliance with all applicable local, state, and federal technical codes and regulatory standards, as amended.

   D.   A CSEF shall conform to the performance standards applicable in the zoning district in which they are located.

   E.   Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings within the perimeter of the solar energy development shall be buried according to the National Electric Code (NEC) in effect at the time of application. All power and communication lines outside the fenced perimeter of the solar energy development shall be buried no less than six feet (6'). During the installation and before wires and lines are covered there will be an inspection for compliance by the City. Exemptions or variances may be granted by the City Council in instances where shallow bedrock, water courses, or other elements of natural landscape interfere with the ability to bury lines. All power and communication lines shall be geo-located. J.U.L.I.E. shall be contacted before commencing digging excavations. All electrical components of the CSEF shall conform to the applicable local, state, and national codes, and relevant national and international standards.

   F.   All drainage tiles shall be repaired or restored to same or better condition as to when the project began. There will be an inspection for compliance by an independent inspector chosen and hired by the City and invoiced and by the City to the facility owner or operator. Local drainage districts shall be contacted prior to beginning development to locate drainage district tiles.

   G.   Equipment and structures shall not exceed twenty feet (20') in height when ground mounted. Excluded from this height requirement, however, are electric transmission lines and utility poles.

   H.   An appropriate warning sign shall be provided at the entrance to the facility and along the perimeter to the solar farm project. The sign at the entrance to the facility shall include the facilities 911 address and a twenty-four (24)-hour emergency contact number. A 911-compliant visible warning sign concerning voltage must be placed at all CSEF(s), including the base of all pad-mounted transformers, and supporting facilities.

      Warning signs identifying underground wire locations shall be placed at all road crossings, creek, waterway, and ditch crossings, and at the base of CSEF(s) and supporting facilities. All underground wire locations shall be GPS mapped and given to the Building Official.

   I.   The regulations regarding the siting of a CSEF, with setback distances measured from the nearest edge of any component of the facility, are as follows:

      1.   One hundred fifty feet (150') from the nearest point on the outside wall of the structure, measured from the nearest edge of any component of the facility from occupied community building and dwellings on nonparticipating properties.

      2.   Zero feet (0') from boundary lines of participating property.

      3.   Fifty feet (50') from the nearest edge of a public road rights-of-way.

      4.   Fifty feet (50') to the nearest point on the property line of a nonparticipating property.

   J.   The equipment and structures of the CSEF shall be fully enclosed and secured by a chain-link or equivalent fence with a minimum height of eight feet (8') and not more than twenty feet (20') in height. Knox boxes and keys shall be provided at locked entrances for emergency personnel access. The entirety of the CSEF shall be enclosed with a living buffer of evergreen trees that must be planted and maintained prior to construction and will meet or exceed the height of the solar panels and all facilities equipment, including fencing. Additionally, the applicant/owner must comply with any screening requirements requested by the Building Official and consistent with state law and the provisions hereof. An alternative buffer may also be considered. Earth be1ms or other topographical features and existing wooded areas may be accepted in lieu or in combination of the above requirements if they conceal the use from public view and are maintained. The landscape plan shall also incorporate native grasses, flowers and plants which will provide wildlife and pollinator habitat, soil erosion protection and/or aid in strengthening the soil structure. This shall not be part of the evergreen screen but shall be for all other areas of the solar farm that will not interfere with the solar arrays.

   K.   If lighting is provided at the site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel or residence.

   L.   Noise levels measured at the property line shall not exceed fifty (50) decibels when located adjacent to an existing residence or residential district.

   M.   Individual arrays/solar panels shall be designed and located in order to prevent glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

   N.   CSEF projects shall conform with site runoff storage requirements, unless the solar panels are "disconnected." Solar panels will be considered "disconnected" and therefore pervious, if the following criteria are met:

      1.   Pavement, gravel, bare ground, or impervious surfaces are prohibited below panels or in spacer sections between rows of panels unless specifically approved by the Village Engineer. All such areas shall be seeded with native grass or other acceptable alternative. Landscaping shall be well-maintained and annually seeded, as appropriate, to prevent soil compaction or bare ground conditions. The growth of vegetation within the perimeter of CSEF assemblage shall not exceed ten (1 0") inches in height. Tire rutting from maintenance or other vehicles in spacer sections shall be monitored annually and regraded and seeded, as appropriate, to mitigate soil erosion and storm water run-off

      2.   The total proposed impervious area on the surface of the ground must be less than twenty-five thousand (25,000) square feet.

      3.   The open space between panels must be equal to or greater than the width of the row of panels. The runoff must sheet flow onto and across the vegetated area to maintain the disconnection. Sheet flow is optimal on sites with gradual slopes less than five percent (<5%). Level spreaders, terraces, or berms may be used to maintain sheet flow conditions if the average slope is steeper than five percent (5%) and less than ten percent (<10%). Installations on slopes greater than ten percent (>10%) will require a detailed engineering study to demonstrate the safe and non-erosive conveyance of runoff to the property line or downstream storm water management practice.

   O.   The applicant, facility owner or operator shall submit to the local fire department(s) with jurisdiction over the site, a copy of the existing and proposed site plans. Upon request by the local fire department, the facility owner or operator shall cooperate with the local fire department to develop the fire department's emergency response plan. In addition, at no cost to the local fire department, the facility owner or operator shall provide to the local fire department any and all specialized and necessary new rescue or retrieval equipment occasioned by the use of the particular solar panels being used at the project (i.e., gurney, body harnesses, etc.). In addition, the facility owner or operator shall have the responsibility to update, at no cost to the local fire department, such equipment in possession of the local fire department as any updates are presented to the facility owner or operator in the normal course of business. Failure to comply shall be deemed a default resulting in an immediate shutdown of the CSEF(s). Nothing herein shall alleviate the need to comply with all other applicable fire laws and regulations.

   P.   Battery storage systems for any CSEF shall comply with NFPA 855.

(Ord. 2710, 3-26-2024)

CSEFs shall be inspected by an independent certified inspector approved by the Building Official upon the completion of installation. Thereafter inspections shall be performed every three (3) years (triennially), unless otherwise determined by the Building Official. All inspections shall be at the cost of the facility owner.

(Ord. 2710, 3-26-2024)

   A.   The decommissioning of a CSEF in accordance with the decommissioning plan approved by the City shall occur in the event it is not in use for twelve (12) consecutive months. Decommissioning shall be completed within six (6) months. Decommissioning will not be required in the event a CSEF cannot be used for reasons outside of the control of the facility owner or operator and it is using commercially reasonable means to put the CSEF back in use as expeditiously as is reasonably possible.

   B.   Prior to the issuance of building permits, financial assurances for compliance with the decommissioning plan shall be made to the City in a minimum amount equal to two thousand dollars ($2,000.00) per acre. Additional financial assurance shall be supplied, if necessary, to bring the total amount of security to an amount equaling the City engineer's estimate for decommissioning. All cash security shall be paid into an escrow account acceptable to and controlled by the City. Said escrow shall be released when the CSEF is decommissioned in accordance with the plan.

   C.   The City shall have the authority to decommission the site with the security held in the event the facility owner or operator fails to do comply with the decommissioning plan. In the event that escrow funds are not sufficient to cover the cost of decommissioning, the shortfall shall be due and owing to the City by the landowner.

   D.   A facility owner or operator shall submit an updated decommissioning plan, including updating the escrow amount, to the Building Official for his approval every three (3) years.

(Ord. 2710, 3-26-2024)

The applicant, facility owner or operator of any CSEF shall defend, indemnify and hold harmless the City, its officials and employees, from and against any and all claims, demands, losses, causes of action, damages, injuries, costs, penalties, expenses and liabilities whatsoever, including attorney's fees, arising out of acts of omissions of the applicant, facility owner or operator associated with the siting, construction, maintenance, operation, and decommissioning of the SEF project.

(Ord. 2710, 3-26-2024)

The facility owner of CSEF as listed in the application shall inform the Building Official of all changes in ownership and operation during the life of the project, including the sale or transfer of the same, within ten (10) days of the effective date of such change.

(Ord. 2710, 3-26-2024)

It shall be unlawful for any applicant, landowner, tenant, facility owner, or operator to:

   A.   Misrepresent or falsify any information associated with a special use permit and/or building permit for any SEF.

   B.   Fail to site, design, install, operate, maintain, and/or decommission an SEF or SEF site in accordance with the provisions of this chapter, a special use permit, and/or a building permit.

   C.   Fail to comply with an approved landscaping plan.

   D.   Fail to comply with an approved emergency response plan.

   E.   Fail to comply with an approved decommissioning plan.

(Ord. 2710, 3-26-2024)

   C.   The provisions of this chapter may be administered through the provisions of Title 1, Administration, Chapter 4, General Penalty, Article A, Administrative Adjudication of Non-Vehicular Violations, of the Watseka City Code, or by any other means permitted by law. Nothing in this Chapter shall be interpreted to limit the remedies or penalties available to City of Watseka.

(Ord. 2662, 10-25-2022; amd. Ord. 2710, 3-26-2024)