(A) Special use. SFESs shall be permitted as special uses in all districts provided minimum area, bulk and yard requirements of the zoning district in which they are proposed are met, unless otherwise exceptions are applied for and granted during the special use permit process. SFESs shall be subject to the procedures and standards included in §§ 162.515 through 162.520, Special Use Permits, unless otherwise stated in this section.
(B) Special requirements. SFESs are subject to the following requirements:
(1) Height. Shall not exceed 18 feet as measured from the average grade at the base of the supporting structure to the highest edge of the system at maximum tilt of the solar panel(s).
(2) Setbacks. The front, side and rear yard setbacks shall be a minimum of 50 feet from the property lines which form the outside perimeter of an SFES project area unless varied by the City of Belleville City Council in its discretion or per expressed request by the applicant.
(3) Fencing. A fence of at least six feet in height but no greater than ten feet shall enclose the SFES.
(4) Lighting. If lighting is provided at the project, lighting shall be shielded and downcast such that the light does not spill onto adjacent parcels.
(5) Noise. Noise levels measured at the property line shall not exceed 50 decibels when located adjacent to an existing residence or residential district. Noise levels shall be enforced by both the State of Illinois and the City of Belleville.
(6) Installation and design. The SFES shall be designed and located to prevent glare toward any structures on nearby properties and roadways, including, but not limited to, highways and streets.
(7) Wiring. All wiring between solar panels and the solar farm facility substation shall be underground unless otherwise approved by the City of Belleville.
(8) Outdoor storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar farm shall be allowed.
(9) Other. Any other requirements or conditions as determined necessary by the City of Belleville.
(C) Annual review and reporting. The applicant, owner, or operator of a SFES project shall submit to the City of Belleville Economic Development, Planning and Zoning Department on the first Monday of July of each year following SFES project approval a report regarding SFES maintenance and operation.
(1) This report shall include:
(a) Any physical modifications to the SFES or its infrastructure;
(b) Complaints pertaining to setbacks, noise, appearance, safety, lighting, and use of any public roads, received by the applicant, owner, or operator concerning the SFES, and the resolution of such complaints;
(c) Calls for emergency services, including the nature of the emergency and how it was resolved;
(d) Status of liability insurance; and
(e) Any other information that the City of Belleville might reasonably request.
(2) Within 30 days of the receipt of this annual report, the City of Belleville Economic Development, Planning and Zoning Department shall review the report and conduct an on-site field review of the SFES project. The City of Belleville Economic Development, Planning and Zoning Department shall compile a written report of its findings and, within 60 days of the receipt of the annual report, and submit said report to the City of Belleville City Council.
(3) The City of Belleville Economic Development, Planning and Zoning Department shall charge a fee for this annual review in the amount of no more than $500 per SFES project area. This fee shall be paid to the City of Belleville by the SFES applicant, owner, or operator at the time of annual report submission. Failure to provide the annual report and required fee shall be considered a cessation of operations.
(4) The applicant, owner, or operator of an SFES project shall provide the City of Belleville access to the SFES project area for the purposes described. Failure to provide access shall be deemed a violation of this section.
(D) Certification. SFESs shall conform to all applicable industry standards, including those from the UL and Federal Aviation Administration (FAA) and, when applicable, all SFESs shall conform to any applicable Air Installation Compatible Use Zone (AICUZ) study, and the requirements of any overlay district, including but not limited to the Airport Overlay (AO) District. All applicable county, state, and national construction and electric codes shall be followed.
(E) Safety. All SFESs shall provide the following at all locked entrances:
(1) A visible “High Voltage” warning sign (such signs shall also be placed on the perimeter fencing, with at least two signs on the outside of each side of the perimeter fence);
(2) Name(s) and phone number(s) of the electric utility provider;
(3) Name(s) and phone number(s) for the site operator;
(4) The facility’s 911 address, GPS coordinates; and
(5) A Knox box, or other similar approved device, with keys.
(F) Application. The application for a special use permit for an SFES shall include:
(1) A written summary of the project including a general description of the project, including its approximate generating capacity.
(2) The name(s), address(s), and phone number(s) of the owner and, if different, SFES operator.
(3) A site plan of the SFES site showing:
(a) Boundaries of the site;
(b) All SFES structures including, but not limited to, fencing, gates, the project solar panels, substation, interconnect substation, and location and voltage of any overhead transmission lines;
(c) Property lines;
(d) Setback lines;
(e) Location of all existing structures with their uses identified;
(f) Ancillary equipment and structures;
(g) Transmission lines;
(h) Wells;
(i) Septic fields;
(j) Field tile location;
(k) Existing easements;
(l) Floodplain location and elevation; and,
(m) Wetland location (if any);
(4) Examples of all facility signage;
(5) A plan for ongoing maintenance of the SFES; and
(G) Decommissioning plan. Prior to applying for a building permit, the SFES project applicant, owner, or operator shall submit a decommissioning plan to the City of Belleville Economic Development, Planning and Zoning Department. The City of Belleville Economic Development, Planning and Zoning Department shall review the plan for completeness and refer it to the City of Belleville City Council.
(1) The plan shall include:
(a) A description of the plan to remove the SFES equipment and restore the land to its previous use upon the end of the project’s life or cessation of operations, as stated in division (J) below;
(b) Provisions for the removal of structures, debris, and associated equipment on the surface and to a level of not less than five feet below the surface, and the sequence and timing in which removal is expected to occur;
(c) Provisions for the restoration of the grade, soil, vegetation, and drain tile (if any);
(d) An estimate of the decommissioning costs certified by an independent professional engineer (not the applicant or owner, nor any employee, agent, or affiliate of same), approved by the City of Belleville, in current dollars. The engineer providing this estimate shall be engaged under contract by the city and all costs associated with this engagement shall be borne by the applicant, owner, or operator;
(e) A written financial plan approved to ensure that funds will be available for decommissioning and land restoration without taking into consideration the scrap value in decommissioning costs;
(f) A provision that the terms of the decommissioning plan shall be binding upon the applicant, owner, operator, and any of their successors, assigns, or heirs;
(g) Upon review of the decommissioning plan, the Finance Committee or its successor committee(s), of the City of Belleville City Council shall set an amount equal to 110% of the estimated cost of decommissioning to be held in a bond, escrow, or other acceptable form of funds approved by the Committee. Any such bond must be issued for a term of at least five years and must not be cancelable during that term. Payments made under any such bond will be placed in the City of Belleville General Fund. The plan shall state that the City of Belleville shall have access to the project and to the funds to affect or complete decommissioning if the applicant, owner, or operator fails to complete removal and decommissioning of the SFES strictly according to the terms of the decommissioning plan within 30 days of notice from the City of Belleville Economic Development, Planning and Zoning Department following a “cessation of operations” as defined in division (J) below or such additional time that may be granted by the City of Belleville; and
(2) The applicant shall provide the City of Belleville Economic Development, Planning and Zoning Department with a new estimate of the cost of decommissioning the SFES project every five years, due on the anniversary of the special use being granted, under the same conditions as set forth in this section above. Upon receipt of this new estimate, the City of Belleville Economic Development, Planning and Zoning Department may require the applicant, owner, or operator of the SFES project to provide a new financial plan for decommissioning acceptable to the City of Belleville Economic Development, Planning and Zoning Department. Failure to provide an acceptable financial plan shall be considered a cessation of operations.
(H) Certificate of compliance. Before a building permit is issued, the following shall be submitted to the City of Belleville Economic Development, Planning and Zoning Department for review:
(1) An updated and finalized site plan with all items previously required in the application for a special use and any modifications required by the City of Belleville City Council, or City of Belleville Economic Development, Planning and Zoning Department;
(2) Emergency plan. The owner or operator shall cooperate with the local fire department or district to develop an emergency response plan and shall cooperate with all local fire and rescue authorities to provide specialized training, if necessary, (at the owner or operator’s expense) to personnel who are to respond to emergencies on the site. The site and emergency plan shall be submitted to the local fire department or district whose jurisdiction is included in whole or in part within the SFES project area;
(3) An interconnection agreement and power purchase agreement with the applicable electric utility;
(4) A stormwater and groundwater management plan demonstrating best management practices, with erosion and sediment control provisions;
(5) All required studies, reports, certifications, insurance policies, declaration pages, approvals, an executed AIMA, and other documentation demonstrating compliance with the provisions of this section. After an approved final inspection of all building permits, a certificate of compliance shall be issued.
(I) Indemnification and liability.
(1) The applicant, owner, and operator of the SFES project shall defend, indemnify, and hold harmless the City of Belleville and its officials (elected and appointed), employees, departments, agents, and attorneys from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including attorney’s fees, without limitation, arising out of acts or omissions of the applicant, owner, or operator associated with the construction or operation of the SFES project.
(2) The applicant, owner, or operator of the SFES project shall maintain a current general liability policy covering bodily injury, death, and property damage with limits of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. Such policy and the declaration page for such policy shall be provided annually to the City of Belleville Economic Development, Planning and Zoning Department. Evidence of liability coverage must be reported to the City of Belleville Economic Development, Planning and Zoning Department on an annual basis, and any loss of coverage must be reported within three working days of loss. Failure to maintain coverage shall be considered a cessation of operations pursuant to division (J) below.
(J) Cessation of operations.
(1) For any reason stated in this subchapter or if any SFES provided for in this subchapter has not been in operation and producing electricity for at least 12 consecutive months it shall be considered a “cessation of operations.” The City of Belleville shall notify the applicant, owner, or operator to remove the system. Within 30 days of the receipt of such notice, the applicant, owner, or operator shall either submit evidence showing that the system has been operating and producing electricity or remove it pursuant to the terms of the decommissioning plan described in division (G).
(2) If the applicant, owner, or operator fails to or refuses to remove the solar energy system as provided for in the decommissioning plan within 30 days of the receipt of notice from the City of Belleville or upon such additional time as may be granted, the City of Belleville shall have access to the project and to the funds to affect or complete decommissioning and the violation may be referred for enforcement.
(K) Penalties.
(1) A failure to obtain applicable building permit(s) for the construction of a solar energy system or failure to comply with the requirements of a building permit or the provisions of this subchapter shall be deemed a violation of this subchapter and shall be subject to penalties as found in § 162.999 of this code. The City of Belleville may bring an action to enforce compliance of the requirements of this section by filing an action filing in the St. Clair County, Illinois, Twentieth Judicial Circuit Court for an injunction requiring conformance with this subchapter, any other appropriate remedy, or such other order as the court deems necessary to secure compliance with this subchapter.
(2) Any person who violates this subchapter shall be subject to those penalties as set forth in § 162.999 of this code. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
(3) Nothing herein shall prevent the City of Belleville from seeking such other legal or equitable remedies available to prevent or remedy any violations of this subchapter.
(Ord. 8266-2018, passed 10-15-18) Penalty, see § 162.999