10-10-5: PRINCIPAL USES:
The Village encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the development lot or lots are special uses in selected districts as detailed herein. Payment of building or other permit fees may be required prior to installation.
   A.   Principal Use General Standards
      1.   Site Design
         a.   Setbacks: Community- and large-scale solar arrays must meet the following setbacks:
            (1)   Property line setback for buildings or structures in the district in which the system is located, except as other determined in subsection A(1)(a)(v) below.
            (2)   Roadway setback of one hundred and fifty (150) feet from the ROW centerline of State highways and CSAHs, one hundred (100) feet for other roads, except as other determined in subsection A(1)(a)(v) below.
            (3)   Housing unit setback of one hundred and fifty (150) feet from any existing dwelling unit, except as other determined in subsection A(1)(a)(v) below.
            (4)   Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
            (5)   All setbacks can be reduced by fifty percent (50%) if the array is fully screened from the setback point of measurement.
         b.   Screening: Community- and large-scale solar shall be screened from existing residential dwellings.
            (1)   A screening plan shall be submitted that identifies the type and extent of screening.
            (2)   Screening shall be consistent with the Village's screening ordinance or standards typically applied for other land uses requiring screening.
            (3)   Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.
            (4)   The Village may require screening where it determines there is a clear community interest in maintaining a viewshed.
         c.   Ground cover and buffer areas: The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover. Additional site-specific conditions may apply as required by the Village.
            (1)   Large-scale removal of mature trees on the site is discouraged. The Village may set additional restrictions on tree clearing or require mitigation for cleared trees.
            (2)   The project design shall include the installation and establishment of ground cover meeting the pollinator-friendly standard consistent with the Pollinator-Friendly Solar Site Act (525 ILCS 55/1, et seq.) or successor statutes and guidance as set by the Illinois Department of Natural Resources.
            (3)   The applicant shall submit a vegetation management plan adhering to guidance set forth by the pollinator friendly scorecard published by the Illinois Department of Natural Resources.
            (4)   Pollinator-friendly standards shall be maintained on the site for the duration of operation, until the site is decommissioned.
            (5)   The Village may require submittal of an inspection fee at the time of the initial fee at the time of the initial permit application to support ongoing inspection of the pollinator-friendly ground cover.
             (6)   The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the Village of Broadview equal to one hundred and twenty-five (125) percent of the costs to meet the pollinator friendly standard. The financial guarantee shall remain in effect until vegetation is sufficiently established.
            (7)   Plant material must not have been treated with systemic insecticides, particularly neonicontinoids.
         d.   Foundations: A qualified engineer shall certify that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.
         e.   Power and communication lines: Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Village in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator.
         f.   Fencing: Perimeter fencing for the site shall not include barbed wire or woven wire designs, and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.
      2.   Stormwater and NPDES: Solar farms are subject to the Village's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in subsection A(1)(c) herein.
      3.   Other standards and codes: All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including but not limited to the Illinois Energy Conservation Code, Illinois Accessibility Code, the Village-adopted International Building Code, the Illinois Plumbing Code, as amended; and the National Electric Code, as amended.
      4.    Site Plan Required: The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands, and other protected natural resources, topography, electric equipment, and all other characteristics requested by the Village. The site plan should show all zoning districts and overlay districts.
      5.    Aviation Protection: For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
      6.    Agricultural Protection: Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils, including submitting an Agricultural Impact Mitigation Plan ("AIMP") to the Village and the Illinois Department Agriculture, as required by the Renewable Energy Facilities Agricultural Impact Mitigation Act (505 ILCS 147/1, et seq.), or successor statute. The Village may require mitigation for use of prime soils for solar array placement, including the following:
         a.   Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.
         b.   Using an interim use or time-limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation.
         c.   Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.
         d.   Locating the project in wellhead protection area for the purpose of removing agricultural uses from high-risk recharge areas.
      7.    Decommissioning: A decommissioning plan shall be prepared and submitted as part of the Agricultural Impact Mitigation Plan in accordance with the Renewable Energy Facilities Agricultural Impact Mitigation Act (505 ILCS 147/1, et seq.).
         a.   Decommissioning of the system must occur in the event the project is not in use for twelve (12) consecutive months.
         b.    The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation, and consistency with all standards of the AIMP.
         c.   Disposal of structures and/or foundations shall meet the provisions of the Village's solid waste regulations.
         d.   Financial assurances shall be provided to the Village consistent with the Illinois Department of Agriculture's standard agricultural impact mitigation agreement.
   B.   Community-Scale Solar: The Village permits the development of community-scale solar, subject to the following standards and requirements:
      1.    Rooftop gardens permitted: Rooftop community systems are permitted in all districts where buildings are permitted.
      2.   Community-scale uses: Ground-mounted community solar energy systems must cover no more than ten (10) acres (project boundaries), and are a permitted use in industrial and agricultural districts, and permitted with standards or special in all other non-residential districts. Ground-mounted solar developments covering more than ten (10) acres shall be considered large-scale solar.
      3.    Dimensional standards: All structures must comply with setback and height standards for the district in which the system is located.
      4.   Other standards: Ground-mounted systems must comply with all required standards for structures in the district in which the system is located.
   C.   Large-Scale Solar: Ground-mounted solar energy arrays that are the principal use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted under the following standards:
      1.   Special use permit: Solar farms are special uses. (Ord. CO-2022-1, 2-7-2022)