(A) Intent and purpose.
(1) To allow and promote the use of solar energy within the village as a clean alternative energy source and to provide associated placement, land development, installation and construction regulations for solar energy farm facilities subject to reasonable conditions that will protect the residents’ public health, safety and welfare.
(2) These regulations establish the minimum requirements for solar energy farm facilities, while promoting a renewable energy source in a safe, effective and efficient manner.
(B) Standards.
(1) Minimum lot size. There is no minimum lot size. Each solar energy farm is permitted as a use authorized by special land use permit which review will consider its appropriateness with the context of the surrounding area.
(2) Height restrictions. All photovoltaic solar panels and support structures located in a solar energy farm shall be restricted to a maximum height of 16 feet when orientated at maximum tilt.
(3) Setbacks. All photovoltaic solar panels and support structures associated with such facilities (excluding perimeter fencing) shall be set back a minimum of 50 feet from all property lines. If the right-of-way exists as an easement, the 50-foot setback shall be measured from the edge of the easement. Solar panels shall be kept at least 200 feet from an existing residential dwelling, measured to the nearest point on the residential structure. Any additional setback requirements in this chapter that exceed this requirement shall be adhered to, including but not limited to setbacks from streams, lakes and wetlands.
(4) Maximum lot coverage.
(a) Maximum lot coverage restrictions shall not apply to the photovoltaic solar panels.
(b) Any other regulated structures on the parcel are subject to the maximum lot coverage restrictions of the underlying zoning district.
(5) Safety/access. A security fence (height and material to be proposed and reviewed/ approved through the special land use permit approval process) shall be placed around the perimeter of the solar energy farm and electrical equipment. Knox boxes and keys shall be provided at locked entrances for security personnel access.
(6) Noise. No solar energy farm shall exceed 60 dBA as measured at the property line.
(7) Glare.
(a) Solar energy farm facilities shall be located or placed so that concentrated solar glare shall not be directed toward or onto nearby properties or rights-of-way at any time of the day.
(b) Support structures shall be of a single, non-reflective matte finish that is consistent throughout the project.
(8) Landscaping. The special land use permit application for a solar energy farm shall include a proposed landscape plan prepared by a licensed landscape architect. This plan will be reviewed through the special land use permit approval process to assure the proposed facility is appropriately landscaped in relation to adjacent land uses and road rights-of-way. A landscape plan shall meet following standards:
(a) Plans. A plan view that meets the landscape plan requirements in § 153.096 of the entire project and a rendered view illustrating the view from public rights-of-way.
(b) Buffer. A 25-foot wide landscape buffer shall consist of two rows of staggered evergreen trees that at planting shall be a minimum of four feet in height. If a solar energy farm is adjacent to a residential dwelling or district, then the minimum height shall be eight feet at the time of planting. The evergreen trees shall be spaced no more than 15 feet apart on center, measured from the central trunk of one tree to the central trunk of the next tree. The buffer shall also consist of native grasses, wildflowers or plants which will provide wildlife and pollinator habitat, soil erosion protection and/or aid in strengthening the soil structure. The buffer shall be required under the following conditions:
1. Along the property line adjacent to all residential zoning districts;
2. If solar panels are located within 50 feet of a public road right-of-way; and
3. Along the property line for the portion of the project within a 50-foot radius of a residential dwelling in a nonresidential zoning district.
(c) Credit for existing conditions. Existing topographical features and existing wooded areas may be accepted in lieu of or in combination with the above by approval of the Planning Commission.
(d) Planting timeline. The required trees shall be planted between April 1 and September 15. If construction of the solar energy farm begins after August 15, the required plantings shall be installed by May 1 the following calendar year.
(e) Financial guarantee. A bond, letter of credit or cash surety shall be provided in the amount equal to one and one-half times the cost of the required plantings that the village shall hold until the next planting season.
(f) Maintenance. The required plantings shall be continuously maintained in a healthy condition. Dead evergreen foliage shall be replaced.
(9) Local, state and federal permits. Solar energy farms shall be required to obtain all necessary permits and licensing from the village, the county, the state and the U.S. Government as applicable prior to construction and shall maintain any necessary approvals as required by the respective jurisdictions or agencies.
(10) Electrical interconnections. All electrical interconnections or distribution lines shall comply with all applicable codes and standard commercial large-scale utility requirements. Use of aboveground transmission lines shall be prohibited within the site.
(1) Project description and rationale. Identify the type, size, rated power output, performance, safety and noise characteristics of the system including the transmission line/grid connection for the project. Identify the project construction time frame, project life, development phases (and potential future expansions) and likely markets for the generated energy.
(2) Analysis of on-site traffic. Estimated construction jobs and estimated permanent jobs associated with the development.
(3) Visual impacts. Graphically demonstrate the visual impact of the project using photos or renditions of the project with consideration given to setbacks and proposed landscaping.
(4) Environmental analysis. Identify impacts on surface and groundwater quality and any impacts to established natural or constructed drainage features in the area.
(5) Waste. Identify any solid or hazardous waste generated by the project.
(6) Lighting.
(a) Provide photometric plans showing all lighting within the facility. No light may adversely affect adjacent parcels.
(b) All lighting must be shielded from adjoining parcels. Light poles are restricted to a maximum height of 18 feet.
(7) Transportation plan.
(a) Provide a proposed access plan during construction and operational phases. Show proposed project service road ingress and egress locations onto adjacent roadways and the layout of facility service road system.
(b) 1. Due to infrequent access following construction, it is not required to pave or curb solar energy farm access drives.
2. It shall be required to pave and curb any driveways and parking lots used for occupied offices that are located on-site.
(8) Public safety. Identify emergency and normal shutdown procedures. Identify potential hazards to adjacent properties, public rights-of-way and to the general public that may be created.
(9) Sound limitations. Identify noise levels at the property lines of the project when completed and operational.
(10) Telecommunications interference. Identify any electromagnetic fields and communications interference that may be generated.
(11) Life of the project and final reclamation.
(a) Describe the decommissioning and final reclamation plan after the anticipated useful life or abandonment/termination of the project.
(b) This includes supplying evidence of an agreement with the underlying property owner that ensures proper removal of all equipment and restoration of the site within six months of decommissioning or abandonment of the project.
(c) To ensure proper removal of the project upon abandonment/termination, a bond, letter of credit or cash surety shall be:
1. In an amount approved by the Village Council to be no less than the estimated cost of removal and may include a provision for inflationary cost adjustments;
2. Based on an estimate prepared by the engineer for the applicant, subject to approval of the Village Council, provided to the village prior to the issuance of a zoning permit; and
3. The village, in addition to any other remedy under this chapter, may pursue legal action to abate the violation by seeking to remove the project and recover any and all costs, including attorney fees.
(Ord. 160, passed 4-21-2022)