The regulations set forth in this Article are intended to substantially comply with the State of Illinois' mandate by establishing specific criteria for the siting, construction, maintenance, and decommissioning of Commercial Wind Energy Facilities and Commercial Solar Energy Facilities, and facilities attendant thereto, consistent with 55 ILCS 5/5-12020.

(Ord. No. 2024-CO-045, 7-25-24)

This Article, consistent with 55 ILCS 5/5-12020, shall provide the exclusive method for determining the eligibility of any Commercial Wind Energy Facility and Commercial Solar Energy Facility.

(Ord. No. 2024-CO-045, 7-25-24)

A Commercial Wind Energy Facility and Commercial Solar Energy Facility shall be considered a permitted use in the AG, A-1 and A-2 Districts as set forth in Article 7, if it meets all of the criteria set forth in this Article and any conditions imposed under Illinois and Federal statutes and regulations. A Commercial Wind Energy Facility and Commercial Solar Energy Facility shall also be considered a permitted use in the IL, IG, and IH Districts as set forth in Article 10, if it meets all of the criteria set forth in this Article and any conditions imposed under Illinois and Federal statutes and regulations. However, although said uses are a permitted use in said districts, the Zoning Board of Appeals (ZBA) shall conduct a public hearing within sixty (60) calendar days of the filing of a complete siting application, submitted in accordance with law and Section 17.4 (the items listed therein), for a Commercial Wind Energy Facility and/or Commercial Solar Energy Facility. Notice of the hearing shall be published in a newspaper of general circulation in the County. The parties shall be given an opportunity to present evidence and to cross-examine witnesses at the public hearing, subject to reasonable time limitations set at the discretion of the ZBA at said hearing. The ZBA shall also allow public comment at the hearing in accordance with the Illinois Open Meetings Act. Said hearing shall be transcribed verbatim at the applicant's expense, and a copy of the transcribed hearing shall be provided to the County no later than forty-eight (48) hours prior to the Zoning Committee's consideration. And ultimately, the County Board shall make its siting decision - with consideration of the evidence (presented at the public hearing) and verbatim transcript of hearing- not more than thirty (30) calendar days after the conclusion of the ZBA's public hearing. The County shall approve the request for siting approval, or modification of an approved siting, if the request is in compliance with the standards and conditions imposed in 55 ILCS 5/5-12020, this zoning ordinance adopted consistent with 55 ILCS 5/5-12020, and the conditions imposed under State and Federal statutes and regulations. For clarification purposes, should County Board site approval be obtained, their approval does not waive one from complying with all applicable codes and ordinances as well as obtaining the permits noted hereafter in Section 17.4. or any other permits that may be required by State, Federal or local law.

A.

The County values the import of the public's input in matters concerning land use and expressly recognizes that the citizenry of Winnebago County has maintained a long-standing cherished opportunity to be heard at zoning hearings. Accordingly, consonant with the spirit of the public hearing requirement set forth in 55 ILCS 5/5-12020(c), the County Board shall give due consideration to public testimony in making its siting decision. In doing so, the County Board may consider the factors set forth in Article 4, Section 4.3.4(4)(a—f), although no written findings of fact shall be required of the ZBA and/or County Board. Nothing shall prohibit the County Board from considering the transcribed record of the public hearing and the factors set forth in Article 4, Section 4.3.4(4)(a—f), in making its final determination.

(Ord. No. 2024-CO-045, 7-25-24)

A.

No Commercial Wind Energy Facility or Commercial Solar Energy Facility shall be constructed within the County unless zoning clearance, building permits, and approval pursuant to the requirements of this Article have first been obtained by the facility owner authorizing the construction of such facility.

B.

The County shall establish a fee to be charged for the issuance of zoning clearance and all applicable permits pursuant hereto and for the amendment of a previously issued permit or zoning clearance. Any applicable fee shall be payable in full at the time of filing the request for the permit or amendment thereto.

C.

Any material modification of the Commercial Wind Energy Facility and/or Commercial Solar Energy Facility after the issuance of siting approval and zoning clearance shall require a modification of the site approval and said clearance, accompanied by the requisite fee. A public hearing shall be held on the application for modification in accordance with the procedure set forth in Section 17.3 of this Ordinance and 55 ILCS 5/5-12020, as may be amended from time to time. Non-material modifications shall not require a site approval modification. The determination as to whether a modification is material for purposes of this Section shall be made by the Planning and Zoning Officer, in said officer's sole but reasonably exercised discretion.

D.

The permit application shall contain, at a minimum, all the following information:

1.

A narrative statement describing the proposed project, including:

a.

An overview of the project;

b.

The name and current address of the applicant and facility owner, and state (or country) of incorporation or organization (as applicable);

c.

The location of the project in general terms;

d.

As to a Commercial Wind Energy Facility, the approximate nameplate generating capacity of the project;

e.

As to a Commercial Wind Energy Facility, the number of wind turbines to be included within the project;

f.

The type (manufacturer), hub height, blade diameter, and nameplate capacity of the wind turbines to be included in the project;

g.

A general description of ancillary facilities;

h.

An executed copy of an agricultural impact mitigation agreement between the Facility Owner and the Illinois Department of Agriculture; and

i.

Evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.

2.

Specific identification of all properties on which the commercial wind energy facility and/or the commercial solar energy facility will be located. For purposes of this Section, identification shall be deemed satisfactory if it lists, for all parcels within the project area:

a.

Name(s) of owner(s) of record;

b.

Address of the property;

c.

Address of property owner (if different from property address); and

d.

Property tax identification number(s).

Legal descriptions shall be required only if a portion of an entire tax parcel is initially under contract for the project.

3.

A site plan in compliance with the requirements set forth in Article 4.

4.

As to a Commercial Wind Energy Facility, a decommissioning plan prepared by a professional engineer licensed in the State of Illinois, in compliance with the requirements of Section 17.10, and setting forth:

a)

the estimated deconstruction/decommissioning cost per turbine, in current dollars at the time of filing, for the commercial wind energy facility, taking into account, among other things:

i.

the number of wind turbines and related commercial wind energy facilities involved;

ii.

the original construction costs of the commercial wind energy facilities;

iii.

the size and capacity of the wind turbines;

iv.

the salvage value of the commercial wind energy facilities; and

v.

the construction method and techniques for the wind turbines and other commercial wind energy facilities.

b)

a comprehensive detailed description of how the commercial wind energy facility owner plans to pay for the decommissioning of the commercial wind energy facility.

5.

As to a Commercial Solar Energy Facility, a decommissioning plan prepared by a professional engineer licensed in the State of Illinois, in compliance with the requirements set forth in Section 17.11, and setting forth:

a)

the estimated Decommissioning cost, in current dollars at the time of filing, for the Commercial Solar Energy Facility, considering, among other things:

i.

the number of solar panels, racking, and related facilities involved;

ii.

the original construction costs of the Commercial Solar Energy Facility;

iii.

the size and capacity, in megawatts of the Commercial Solar Energy Facility;

iv.

the salvage value of the facilities (if all interests in salvage value are subordinate to that of the Financial Assurance holder if abandonment occurs); and

v.

the construction method and techniques for the Commercial Solar Energy Facility and for other similar facilities.

b)

a comprehensive, detailed description of how the Facility Owner plans to pay for the decommissioning of the Commercial Solar Energy Facility.

6.

An identification of all State and local public roads within the project area and all other transportation routes located within the Winnebago County that will be used to get to the project area.

7.

Copies of signed waivers for any property owner who has waived any setback requirement pursuant to Section 17.7.

8.

A Natural Resource Inventory Report (NRI) of the project area to be completed by the Winnebago County Soil and Water Conservation District.

9.

The results and recommendations relating to the Commercial Wind Energy Facility's project (project area) and/or the Commercial Solar Energy Facility's project (project area) from the Illinois Department of Natural Resources (IDNR) that are obtained through the Ecological Compliance Assessment Tool (EcoCAT) Process (a.k.a. Agency Action Report) or a comparable successor tool. The applicant must adhere to all of the recommendations of the IDNR in the EcoCAT natural resource review report.

10.

Evidence that the Commercial Wind Energy Facility's and/or Commercial Solar Energy Facility's project (project area) has been submitted to the US Department of Interior, Division of Fish and Wildlife Service, for their review and consultation.

11.

As to a Commercial Solar Energy Facility, a vegetation management plan that is consistent with any guidelines adopted by the IDNR for such plans and consistent with agricultural impact mitigation agreement, inclusive of a vegetative ground cover that is consistent with the goals of the Pollinator-friendly Solar Site Act. A vegetation management plan does not need to be submitted for a Commercial Wind Energy Facility, unless otherwise required by State or Federal law or regulation or the agricultural impact mitigation agreement.

12.

A Commercial Wind Energy Facility and/or a Commercial Solar Energy Facility shall file a drainage plan with the County and drainage district, if applicable, for County review and approval by the County Engineer. The plan is to be created independently by the facility developer in accordance with all applicable codes and ordinances, inclusive of any procedures outlined in the agricultural impact mitigation agreement.

E.

The County Planning and Zoning Officer will determine whether the application complies with the standards set forth herein, and, if so, shall issue the required zoning clearance(s). In the event that the application is deemed insufficient, the Planning and Zoning Officer shall specify the nature of the deficiency, and the applicant shall be allowed to provide any additional information required within one (1) year of the date of the initial application in order to complete the application.

(Ord. No. 2024-CO-045, 7-25-24)

17.5.1 Construction Code The Commercial Wind Energy Facility and/or Commercial Solar Energy Facility shall comply with all applicable building and construction codes.

17.5.2 Electrical Components. All electrical components of the Commercial Solar Energy Facility and/or Commercial Wind Energy Facility shall comply with the National Electrical Code, the National Electrical Safety Code, the Illinois Commerce Commission, Federal Energy Regulatory Commission, and their designees or successors. This includes, but is not limited to, all required safety lighting.

17.5.3 Shadow Flicker. A wind tower of a commercial wind energy facility must be sited in a manner such that industry standard computer modeling demonstrates that any occupied community building or nonparticipating residence will not experience more than thirty (30) hours per year of shadow flicker under planned operating conditions.

17.5.4 Engineer's Certificate. An engineer's certificate shall be completed by a structural engineer, licensed in the State of Illinois, certifying that the tower and foundation of the wind turbines are compatible with, and are appropriate for the particular model of wind turbine used, and that the specific soils at the site can support the wind turbine.

17.5.5 Aesthetics.

A.

Wind turbines shall be a non-obtrusive and non-reflective color such as white, off-white, gray, or black. The facility owner or operator shall maintain the paint on wind turbines at all times in good repair.

B.

Wind turbines shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner and operator. All signs shall be in accordance with County ordinances pertaining to signs.

C.

Within the project area, wind turbines shall be of a generally consistent size, design, and color, and shall be of similar height and rotor diameter and shall rotate in the same direction.

D.

Tower lighting for a Commercial Wind Energy Facility shall conform to all applicable FAA regulations but shall use the least intrusive amount of lighting possible. Flashing lights may be required by FAA regulations.

E.

On-site transmission and power lines for wind turbines and solar panels shall, to the maximum extent practicable, be placed underground, shall reach the property line, and shall be located and/or constructed in such a way as to minimize disruption to the property's primary purpose as well as to facilitate the interconnection of other Commercial Wind Energy Facilities or Commercial Solar Energy Facilities.

F.

Non-essential appurtenances shall not be affixed to any wind turbine or solar panel, including, but not limited to, cellular or radio antennae.

G.

A clearly visible warning sign advising persons of the presence of high voltage levels must be placed at the base of all pad-mounted transformers and substations.

H.

Guy wires and their anchors, if any, shall be placed out of cropland, pastureland and hayland, placing them instead along existing utilization lines and on land not used for row crops, pasture or hay, but only to the extent feasible. Where this is not feasible, best efforts shall be made to minimize guy wire impact on cropland. All guy wires shall be shielded with highly visible guards.

17.5.6 Climb Prevention/Locks.

A.

Wind turbines shall not be climbable up to a height of at least fifteen (15) feet above ground surface.

B.

All access doors to wind turbines and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by non-authorized persons.

17.5.7 Use of Public Roads.

A.

Prior to the issuance of a zoning clearance and building permit, the facility owner or operator shall provide to the County Engineer:

1.

A transportation plan prepared and certified by a professional engineer licensed in the State of Illinois, identifying by jurisdiction all State and local public roads to be used within the County to transport equipment and parts for construction, detailing expected load weights and frequency, and any improvements deemed necessary for roadbeds, surfaces, or other facilities which are expected to require modification or improvement prior to construction, and the proposed repair and/or reconstruction work expected to be necessary after construction is completed (the "Transportation Plan");

2.

An engineering study certified by a professional engineer licensed in the State of Illinois, documenting road conditions for any roads included in the Transportation Plan prior to construction. While the Transportation Plan may indicate any road or highways that are under the State of Illinois and the Illinois State Toll Highway Authority jurisdiction, permits for the use of those roads/highways need not be submitted to the County Engineer. Whether the requirements of the engineering study and submission of road/highway permits are satisfied shall be determined solely by the Winnebago County Engineer; and

3.

A traffic safety plan, including, but not limited to, provisions for access to county highways and roads located in Winnebago County including roads, used for construction traffic, warning signs, flaggers, and acceptable access times (the "Safety Plan").

B.

After receipt of the Transportation Plan, but prior to issuance of a zoning clearance and building permit for any component of a Commercial Solar Energy Facility and/or a Commercial Wind Energy Facility, the facility owner and operator shall enter into an agreement with County of Winnebago through the County Engineer and provide documentation evidencing approval by any other public entity having jurisdiction over a road or highway that is identified in the Transportation Plan or Safety Plan (excepting permits for the use of any road or highways that are under the State of Illinois and the Illinois State Toll Highway Authority) for the purposes of ensuring a safe and orderly construction phase. Said agreement shall include the following material provisions:

1.

An approved final transportation plan.

2.

An approved final safety plan.

3.

A requirement of financial assurance to the County in the form of an irrevocable letter of credit guaranteeing payment for road improvements and repairs in compliance with local standards, having an expiration date no less than one (1) year after conclusion of construction which Winnebago County may draw upon without requiring a representative of Winnebago County traveling more than ninety (90) miles outside of Winnebago County. The face value of the letter of credit shall be equal to the cost of either improving or restoring all roads specified in the final Transportation Plan to their original condition or better in the fashion designated in said final Transportation Plan (as determined using the average cost of materials and labor in the County as of a date sixty (60) days prior to the date of issue of the financial assurance), plus an additional twenty-five percent (25%) of said total cost; the Irrevocable Letter of Credit required in this section shall be issued by a bank having a rating by Standard and Poor's Financial Services of A- or better or if not rated by Standard and Poor's Financial Services then having an equivalent rating from another nationally recognized bank rating service approved by the County of Winnebago. There shall be language included on the face of the Irrevocable Letter of Credit held by Winnebago County as a beneficiary stating that should the bank's Standard and Poor's rating or equivalent rating fall below A- then Winnebago County may draw on the Irrevocable Letter of Credit up to the full amount of the face value without additional cause for surety against default. There shall also be language included on the face of the Irrevocable Letter of Credit held by Winnebago County as beneficiary stating that if after the first year and every year thereafter the Irrevocable Letter of Credit does not automatically renew then Winnebago County may within fifteen (15) days before its stated expiration date draw on the Irrevocable Letter of credit up to the full amount of the face value without additional cause for surety against default. The cost of Winnebago County receiving such ratings information initially and annually, or more frequently when reasonably requested by the County of Winnebago, shall be reimbursed to Winnebago County by the Applicant.

4.

Permits from all agencies having jurisdiction over roads or highways identified in the transportation plan or safety plan except any road or highways that are under the State of Illinois and the Illinois State Toll Highway Authority jurisdiction that are identified in the transportation plan or the safety plan.

5.

The facility owner shall be responsible for (i) the reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility or the commercial solar energy facility and (ii) the reasonable cost of repairing roads used by the facility owner during construction of the commercial wind energy facility or the commercial solar energy facility so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction. Roadways improved in preparation for and during the construction of the commercial wind energy facility or commercial solar energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.

6.

Such other and further terms which the County Engineer may require in his/her sole, but reasonably exercised, discretion.

17.5.8 Emergency Services. The facility owner or operator shall, prior to commencement of construction:

A.

Provide a copy of the permit application, including site plan to local emergency services, including paid or volunteer fire department(s).

B.

Cooperate with request from emergency service providers and first responders to develop and coordinate implementation of an emergency response plan for the Commercial Wind Energy Facility and/or Commercial Solar Energy Facility.

C.

Register the Commercial Wind Energy Facility and/or Commercial Solar Energy Facility with the local 911 operator.

17.5.9 Fire Prevention. The facility owner and operator shall, at all times during construction and operation:

A.

Adhere to all applicable electrical codes and standards.

B.

Remove and maintain all fuel sources, including, but not limited to, vegetation and flammable materials, from the immediate vicinity of electrical equipment.

C.

Install twistable cables on all wind turbines.

17.5.10 Waste Management. The facility owner and operator shall, at all times during construction and operation:

A.

Solid Waste. All solid waste generated in conjunction with the construction or operation shall be removed from the project area in a timely fashion and disposed of off-site in an appropriate manner.

B.

Hazardous Waste. Any hazardous waste generated in conjunction with the construction or operation shall be removed from the project area and disposed of consistent with applicable Federal, State, and local requirements for such materials.

17.5.11 Septic and Well. Any buildings constructed which use water or discharge waste shall comply with existing well and septic requirements as required by the Winnebago County Health Department and the State of Illinois Department of Public Health.

17.5.12 Access Driveways and Vehicular Use Areas. All access driveways and other vehicular use areas shall be located entirely upon private easements or leaseholds, and shall be the sole responsibility of the facility owner and/or operator to maintain. To the maximum extent practicable, all such driveways and vehicular use areas shall be located in such a way as to minimize the disruption to the property's primary purpose. Notwithstanding anything to the contrary contained herein, or in any other provision of this Ordinance, said access driveways and vehicular use areas may be of a gravel base and surface for a Commercial Wind Energy Facility provided all access driveways shall be maintained at all times in good repair and accessible by emergency vehicles. A Commercial Solar Energy Facility's access driveway and vehicular use areas, however, shall comply with Section 23.8.4, including any other design provisions within Article 23.

17.5.13 Drainage. A Commercial Wind Energy Facility and/or a Commercial Solar Energy Facility shall comply with all applicable drainage/surface water management/stormwater control codes and ordinances, inclusive of any procedures outlined in the agricultural impact mitigation agreement.

17.5.14 Fencing. A Commercial Solar Energy Facility's perimeter shall be enclosed by fencing, out of the required front yard, having a height of at least six (6) feet or higher if allowed by 55 ILCS 5/5-12020 as may be amended from time to time.

17.5.15 Height. No component of a solar panel shall have a height of more than twenty (20) feet above ground, including when the solar energy facility's arrays are at full tilt. Height of other solar components for a Commercial Solar Energy Facility shall be established at time of site approval by County Board. Wind tower (inclusive of turbine, nacelle and blades) height for a Commercial Wind Energy Facility shall also be established at time of site approval by County Board. Buildings, however, for a Commercial Wind Energy Facility and/or a Commercial Solar Energy Facility shall comply with the affiliated district regulations.

17.5.16 Lot Frontage on a Public Road and Lot Area. The parcel of land on which the Commercial Wind Energy Facility and/or a Commercial Solar Energy Facility will be constructed on shall consist of at least thirty-three (33) feet of lot frontage on a public road. Minimum lot area for Commercial Wind Energy Facility and/or a Commercial Solar Energy Facility shall comply with the affiliated district regulations.

(Ord. No. 2024-CO-045, 7-25-24)

(Section intentionally left blank for future amendments, if needed)

17.7.1 Setback Requirements for Commercial Wind Energy Facilities. A wind tower of a commercial wind energy facility shall be sited as follows, with setback distances measured from the center of the base of the wind tower:

i)

Waiver of Setbacks. The setback requirements set forth in Section 17.7.1 may be waived by written consent of the owner of each affected nonparticipating property.

ii)

Electrical Code Compliance. Irrespective of the setback distances set forth in Section 17.7.1, the wind tower of a commercial wind facility shall comply with electric facility clearance approved or required by the National Electrical Code, The National Electrical Safety Code, the Illinois Commerce Commission, Federal Energy Regulatory Commission, and their designees or successors.

17.7.2 Setback Requirements for Commercial Solar Energy Facilities. A Commercial Solar Energy Facility shall be sited as follows, with setback distances measured from the nearest edge of any component of the facility:

i)

Waiver of Setbacks. The setback requirements set forth above in this Section may be waived subject to the written consent of the owner of each affected nonparticipating property.

(Ord. No. 2024-CO-045, 7-25-24)

17.8.1 Sound Levels. The facility owner or operator shall comply with the requirements of the Illinois Pollution Control Board and any other applicable codes and ordinances regulating sound generation provided that they are not more restrictive than the sound limitations established by the Illinois Pollution Control Board. In the event that any sound levels are found by the Illinois Pollution Control Board to be in excess of permissible levels at the residence of any non-participating landowner, the facility owner or operator shall take such measures as are necessary to bring sound levels down to a level acceptable to the Illinois Pollution Control Board.

(Ord. No. 2024-CO-045, 7-25-24)

(Section intentionally left blank for future amendments, if needed)

A.

The facility owner shall, at its sole expense, complete decommissioning of the Commercial Wind Energy Facility, or individual wind turbines, within eighteen (18) months after the end of the useful life of the facility or individual wind turbines. The Commercial Wind Energy Facility or individual wind turbines will be deemed to be at the end of its useful life if: 1) no electricity is generated for a continuous period of twelve (12) months and 2) the commercial wind energy facility owner fails, for a period of six (6) consecutive months, to pay the landowner amounts owed in accordance with its underlying written agreement with the landowner.

B.

Decommissioning shall include removal/disposition of the following equipment/facilities utilized for operation of the commercial wind energy facility:

1.

Wind turbine towers and blades;

2.

Wind turbine generators;

3.

Wind turbine foundations (to a depth of 5 feet);

4.

Transformers;

5.

Collection/interconnection substation (components, cable, and steel foundations), provided, however, that electrical collection cables at a depth of 5 feet or greater may be left in place;

6.

Overhead collection system;

7.

Operations/maintenance buildings, spare parts buildings and substation/switching gear buildings unless otherwise agreed to by the landowner;

8.

Access driveway(s) unless landowner requests in writing that the access driveway is to remain;

9.

Operation/maintenance yard/staging area;

10.

Debris and litter generated by Decommissioning crews; and

11.

Any other equipment or facilities that are specified in the Agricultural Impact Mitigation Agreement, as may be amended from time to time.

Any disturbed earth shall be graded at facility owner or operator's expense, and vegetation shall be restored consistent with surrounding vegetation, with the exception of cash crops such as corn, soybeans, or hay/alfalfa. This Section shall not apply to any office or storage facilities constructed by facility owner or operator that can serve a useful purpose other than servicing a Commercial Wind Energy Facility. At the written request of a landowner, improvements listed in 7 and 8, other than wind turbines may be allowed to remain on the property of such landowner without removal if agreed to by the landowner, subject to the approval of the County Board.

C.

The County Engineer shall review and approve or disapprove of the cost estimate presented for decommissioning the Commercial Wind Energy Facility and restoring the site in accordance with the approved decommissioning plan that was submitted as required and set forth in Section 17.4(D)(4)(a) and (b).

D.

Upon review and approval by the County engineer of the estimate, the facility owner or operator shall post and maintain an Irrevocable Letter of Credit, or other form of commercially available financial assurance acceptable to the County, in favor of the County, in an amount equal to one hundred percent (100%) of the decommissioning costs, as updated from time to time. However, provision of such financial assurance shall be phased in over the first eleven (11) years of the project's operation or as otherwise provided in accordance with the executed Agricultural Impact Mitigation Agreement. In the event the State of Illinois modifies its Agricultural Impact Mitigation Agreement terms relating to the percentage of financial assurance provided in a set time frame by the facility owner to the County, the facility owner shall abide by the modified terms set forth in the Agricultural Impact Mitigation Agreement regarding same and no amendment to this Section shall be necessary. The financial assurance required by this Section shall be from a financial institution of the facility owner's choosing, subject to the approval of the County, which approval shall not be unreasonably withheld. The financial assurance in favor of the County shall allow Winnebago County to seek to receive funds from such security without requiring a representative of Winnebago County traveling more than ninety (90) miles outside of Winnebago County; the financial assurance required in this section shall be issued by a bank having a rating by Standard and Poor's Financial Services of A- or better or if not rated by Standard and Poor's Financial Services then having an equivalent rating from another nationally recognized bank rating service approved by Winnebago County. There shall be language included on the face of the financial assurance held by Winnebago County as a beneficiary stating that should the bank's Standard and Poor's rating or equivalent rating fall below A- then the Winnebago County may draw on the financial assurance up to the full amount of the face value without additional cause for surety against default. There shall also be language included on the face of the financial assurance held by Winnebago County as beneficiary stating that if after the first year and every year thereafter the financial assurance does not automatically renew then Winnebago County may within fifteen (15) days before its stated expiration date draw on the financial assurance up to the full amount of the face value without additional cause for surety against default. The cost of Winnebago County receiving such ratings information initially and annually, or more frequently when reasonably requested by Winnebago County, shall be reimbursed to Winnebago County by the Applicant.

E.

In addition to the original decommissioning plan filed in the application process, the facility owner shall file a second decommissioning plan with the County on or before the end of the (10th) tenth year of the commercial operation date. Any subsequent decommissioning plan must be prepared by a professional engineer licensed in the State of Illinois and shall include the information required and set forth in Section 17.4(D)(4)(a)&(b).

F.

The County may, in its own discretion, reevaluate the estimated costs of decommissioning after the tenth anniversary, and every five years thereafter, of the Commercial Operation Date, in accordance with the Agricultural Impact Mitigation Agreement, as may be amended from time to time. If the County seeks to exercise this option, said reevaluation must be performed by an independent third-party professional engineer licensed in the State of Illinois and the facility owner shall bear the costs of such reevaluation. Based on any reevaluation, the County may require changes in the level of financial assurance used to calculate the phased coverages described in Paragraph D of this Section.

G.

If the facility owner or operator does not complete decommissioning within the periods prescribed by Section 17.10 A, the County may take such measures as it deems necessary to complete decommissioning, and shall be entitled to draw on the financial assurance required by Section 17.10 D to pay the costs associated therewith. In the event partial or otherwise insufficient financial assurance has been posted to cover the full costs of decommissioning the facility, the facility owner shall reimburse the County for the costs incurred by the County associated with decommissioning the facility, including, but not limited to, the costs for removal and disposition of facilities and equipment. The facility owner shall reimburse the County for the full amount of said costs within thirty (30) days of having received written notice from the County of the amount of the costs so incurred. Failure by the facility owner to fully reimburse the County within thirty (30) days, may result in legal action by the County against the facility owner and any other appropriate party.

H.

The County shall release the obligation to maintain decommissioning funds when the facility owner or operator has demonstrated and the County concurs that decommissioning has been satisfactorily completed.

I.

If the facility owner or operator does not provide the County with Financial Assurance(s) as required by this Section 17.10 and the executed Agricultural Impact Mitigation Agreement, including but not limited to the Financial Assurance(s) required at specific anniversaries of the Commercial Operation Date, or, if the facility owner or operator is not compliant with any other provision of this Ordinance, the Planning and Zoning Officer may revoke the permit as set forth in Section 6.4, and/or the County may seek legal action against the facility owner or operator.

(Ord. No. 2024-CO-045, 7-25-24)

A.

The facility owner and operator shall, at their sole expense, complete decommissioning of the Commercial Solar Energy Facility, within twelve (12) months after the end of the useful life of the Facility. The Commercial Solar Energy Facility shall be presumed to be at the end of its useful life if the Facility Owner fails, for a period of six (6) consecutive months, to pay the Landowner amounts in accordance with an underlying Agreement.

B.

Decommissioning of a Commercial Solar Energy Facility shall include the removal/disposition of the following equipment/facilities utilized for operation of the Facility and located on Landowner property:

1.

Solar panels, cells and modules;

2.

Solar panel mounts and racking, including any helical piles, ground screws, ballasts, or other anchoring systems;

3.

Solar panel foundations, if used (to depth of 5 feet);

4.

Transformers, inverters, energy storage facilities, or substations, including all components and foundations; however, underground cables at a depth of 5 feet or greater may be left in place;

5.

Overhead collection system components;

6.

Operations/maintenance buildings, spare parts buildings and substation/switching gear buildings unless otherwise agreed to by the Landowner;

7.

Access driveway(s) unless Landowner requests in writing that the access driveway is to remain;

8.

Operation/maintenance yard/staging area;

9.

Debris and litter generated by Deconstruction and Deconstruction crews; and

10.

Any other equipment or facilities that are specified in the Agricultural Impact Mitigation Agreement, as may be amended from time to time.

C.

Facility owner shall comply with the requirements set forth in Section 17.10 (C.—I.), which are made applicable to Commercial Solar Energy Facility and incorporated in this Section 17.11.

(Ord. No. 2024-CO-045, 7-25-24)