Commercial ground mount solar energy systems designed for providing energy to off-site users or export to the wholesale market require a siting permit and are allowed in the General Industrial (I), Rural Development-1 (RD1), Rural Development-2 (RD2), and Agricultural (A) Districts.
(A) Design standards for the commercial solar energy facility (SES). The design standards and bulk regulations listed in the General Industrial (I) and Agricultural (A) Districts for setbacks, lot size, lot coverage, lot area, height, fencing, and signage shall be suspended for all commercial solar energy facilities and the following regulations shall apply instead. All other design standards and bulk regulations of the district shall apply.
(1) Structure. The foundation and design of the solar structures shall be designed and sealed by an Illinois licensed professional engineer. The design shall conform to applicable codes, standards and local soil and climate conditions.
(2) Standards and codes. All solar facilities shall be in compliance with any applicable local, state and federal regulatory standards, and the National Electric Code as amended.
(3) Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.
(4) Minimum lot size. No commercial solar energy facility shall be erected on any lot of five acres or less in size.
(5) Height. Systems, equipment and structures shall not exceed 20 feet in height when ground mounted. Excluded from this height requirement, however, are electric transmission lines and utility poles.
(6) Setbacks. Ground mounted solar energy systems as part of a solar facility shall have a setback for all equipment excluding fences a minimum of 50 feet from all non-participating property lines and public road rights-of-way, and a minimum of 150 feet from all occupied community buildings and dwellings on non-participating properties. These setback requirements may be waived in writing by the affected non-participating property owner.
(7) Fencing.
(a) Unless otherwise provided in this section, security fencing having a minimum height of six feet and a maximum of 25 feet shall be installed, maintained, and secured around the commercial solar energy facility.
(b) Fencing shall contain appropriate warning signage that is in accordance with NESC and ANSI Z535 safety sign standards and OSHA regulations.
(c) The required fence shall be maintained by the applicant to prevent growth of wood vegetation or noxious weeds within and along the fence.
(d) Fencing is not required between participating parcels.
(e) Knox boxes and keys shall be provided at locked entrances for emergency personnel access.
(8) Screening. In an effort to help minimize the visual impacts of an SES on adjacent, nonparticipating residences, from a single-story viewpoint, screening shall be provided as follows:
(a) Platted subdivisions. A platted subdivision shall have a visual screen designed, installed, maintained, and ultimately removed by the applicant at the time of decommissioning. The visual screen will be installed on property being leased by the SES, immediately adjacent to the property line. This provides for the most effective screening and minimizes the potential of drain tile damages.
(b) A visual screening option shall be provided by the applicant to the owner of any adjacent nonparticipating residence, excluding platted subdivisions, subject to the provisions of this section.
1. The visual screening option shall provide the following options:
a. The owner of any adjacent, nonparticipating residence, at their discretion, may elect to receive a one-time payment from the applicant equal to the cost of design, installation, maintenance, and removal of a visual screen in lieu of the actual visual screen. This option shall be detailed in writing by the applicant, including a proposed design and budgetary estimate for the design, installation, maintenance, and removal of the visual screen, as prepared by an Illinois registered landscape architect. This one-time payment allows for the owner of the adjacent nonparticipating residence to install the visual screen on their own property if and as they desire subject to the current zoning requirements. This one-time payment shall be paid prior to the issuance of any building permit, and proof of payment shall be provided to the Zoning Administrator.
b. The owner of any adjacent, nonparticipating residence, at their discretion, may request a visual screen be designed, installed, maintained, and ultimately removed by the applicant at the time of decommissioning. If this option is chosen, the visual screen will be installed on the property being leased by the SES, immediately adjacent to the property line. This provides for the most effective screening and minimizes the potential of drain tile damage.
c. If the owner of any adjacent, nonparticipating residence does not elect one of the two options above, no visual screen will be installed, and a one-time payment will be provided as described in the first option.
(c) A minimum of 30 days prior to the issuance of any building permit, the applicant shall provide a signed copy of a memorandum of understanding to the Zoning Administrator, outlining the terms of the visual screening option as agreed upon by the applicant and owner of any adjacent, nonparticipating residence.
(d) Standards for a visual screen are as follows:
1. A visual screen shall be in the form of vegetative landscaping, opaque fencing, or approved combination thereof, as agreed upon by the nonparticipating landowner and the applicant.
2. All visual screens shall be designed and prepared by an Illinois registered landscape architect.
3. All fences used as, or part of a visual screen must be built in accordance with § 157.08 of the DeWitt County Code.
4. All vegetative landscaping shall be planted at a minimum of three feet tall with an expected minimum height of eight feet.
5. All visual screens that are installed by the applicant shall be maintained in good condition by the applicant at all times.
6. The visual screen shall be installed as early as possible in construction phase of the SES.
7. An alternative buffer may also be considered. Earth berms other topographical features and existing wooded areas may be accepted by a nonparticipating land owner in lieu or in combination of the above requirements, if they conceal the use from public view and are maintained.
(9) Lighting. If lighting is provided at the site, lighting shall be inward facing and not higher than 25 feet. When adjacent to residential areas, the filament or light source shall be shielded with opaque material in such a way that they will not be visible at ground level or above.
(10) Signage. An appropriate warning sign shall be provided at the entrance to the facility and along the perimeter to the solar facility project. The sign at the entrance to the facility shall include the facility's 911 address and a 24-hour emergency contact number.
(11) Outdoor storage. Only the outdoor storage of materials, vehicles and equipment that directly support the operation and maintenance of the solar facility shall be allowed. In any event all outdoor storage areas shall be either fenced or screened to prevent viewing from adjoining properties and uses.
(12) Storm water management. Existing drainage patterns shall be maintained. The applicant shall coordinate their drainage design with the local Soil and Water Conservation District prior to any building permits being issued.
(13) Noise.
(a) Noise levels must comply with the sound limitations set by the Illinois Pollution Control Board under 35 Ill. Admin. Code Parts 900, 901, and 910. Noise levels at non- participating properties shall be tested upon request of the Zoning Administrator. The tested results shall be provided to the Zoning Administrator.
(b) The application, through the use of a qualified professional, as part of the siting approval application process, shall appropriately demonstrate compliance with the noise requirements of this siting section and provide contour maps and at intervals of not greater than five feet. Sound pressure levels shall be measured using the measurement procedures set forth in the IPCB regulations, except that sound pressure levels for purposes of establishing a violation of this section may be measured at any point on residentially used property and for agricultural property not more than 150 feet from any portion of the edge of the primary structure. No portion of the property shall exceed the noise levels set by the IPCB. To the extent any property has multiple uses or classifications, all land utilized for a particular use must not exceed the IPCB noise regulations for the classification of use. The owner of the receiving land may waive compliance with local measuring points requirements pertaining to the IPCB regulations for the owner’s property.
(c) The commercial solar energy facility project will maintain compliance with the applicable IPCB regulations throughout the entire operational period of the commercial solar energy facility project. Upon complaint, the county shall hire a qualified noise acoustician to conduct testing for a 30 day period at the ten most at risk residential property lines and ten most at risk primary structures of an agricultural property as modeled in the application to ensure ongoing compliance with the IPCB noise regulations. The cost to conduct such testing shall be borne by the facility owner. If the facility owner does not pay within 30 days of being provided an invoice for these costs, the remedies provisions of this section shall apply. If at any time throughout the life of the commercial solar energy facility project, the noise levels are found to not be in compliance with this section, the applicant or facility owner will immediately shut off the commercial solar energy facility until the Zoning Administrator approves a solution.
(14) Glare. Solar collectors shall be designed such that concentrated solar glare does not project onto nearby structures, roadways, or other areas accessible to the public. After construction of the SES, the Zoning Administrator shall notify the solar operator to take reasonable steps within 30 days to mitigate the glare such as the installation of additional screening.
(15) Battery storage. Utility-scale battery storage areas must be contained with a fire suppression system and an emergency response plan in place. Battery storage is not permitted within 3,000 feet of any residential structure, school, church, hospital or child daycare facility. This setback requirements may be waived in writing by affected property owner.
(16) Any commercial solar energy system (SES) proposed within one and one-half miles of the corporate limits of an incorporated village or municipality shall be subject to the approval of said incorporated village or municipality before a siting permit shall be granted for said proposed SES.
(B) The following information shall be submitted as part of the siting permit application.
(1) A site plan with existing conditions showing the following:
(a) Existing property lines extending 100 feet from the property boundaries including the names of all adjacent property owners and the current use of the properties.
(b) Existing public and private roads, showing widths of the road and any associated easements.
(c) Location and size of any abandoned wells, sewage treatment systems.
(d) Existing building and impervious surfaces.
(e) A contour map showing topography at one-foot intervals. A contour map of adjacent properties is also required.
(f) Existing vegetation (list type and percent of coverage: i.e., cropland/plowed fields, grassland, wooded areas and the like).
(g) Waterways, watercourses, lakes and public water wetlands.
(h) Any delineated wetland boundaries.
(i) A copy of the current FEMA FIRM map that shows the subject property and the 100-year flood elevation and any regulated flood protection elevation, if available.
(j) Floodway, flood fringe and/or general floodplain district boundary if applicable, and not provided on the copy of the current FEMA FIRM map.
(k) Mapped soils according to the DeWitt County soil survey.
(l) Surface water drainage patterns.
(m) The location of any subsurface drainage tiles and surface drains.
(n) Existing structures.
(o) Existing substations.
(p) Radiation monitoring stations.
(q) Any other significant features.
(2) A site plan of proposed conditions:
(a) Location and spacing of solar panels.
(b) Location of access roads and access points.
(c) Planned location of underground or overhead electric lines connecting the solar facility to a building, substation or other electric load.
(d) New electrical equipment.
(e) Sketch elevation of the premises accurately depicting proposed solar energy conversion system and its relationship to structures on adjacent land.
(f) Fencing and weed grass control. The applicant shall submit an acceptable weed/grass control plan for property inside and outside the fenced area for the entire property. The weed/grass control plan must address the effect of storm water runoff on neighboring properties. The operating company or successor during the operation of the solar facility must maintain the fence and adhere to the weed/grass control plan. If the Zoning Administrator determines that the owner/operator is not compliant, a fine of $1,500 per day will be assessed until the violation is brought back into compliance.
(g) Setbacks.
(3) Manufacturer's specifications. The manufacturer's specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles and racks.
(4) Connection and interconnection.
(a) A description of the method of connecting the SOLAR array to a substation.
(b) Utility interconnection details and a copy of written notification to the utility company requesting the proposed interconnection.
(5) A fire protection plan for the construction and the operation of the facility, and emergency access of the site.
(6) Aviation protection. The applicant shall complete and provide the results of the Solar Glaze Hazard Analysis Tool (SGHAT) for the final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federal Obligated Airports, or most recent version adopted by the FAA for solar energy systems located within one-half mile of the approach zones of:
(a) A restricted landing area as defined in 14.105 of Title 92 of the Illinois Administrative Code.
(b) A private-use airport as defined in Section 157.2 of Title 14 of the Code of Federal Regulations and for which:
1. A notice to the Federal Aviation Administration (FAA) has been filed under Section 157.3 of Title 14 of the Code of Federal Regulations prior to the submission of the siting permit application; and
2. An airport determination has been issued by the FAA with a determination of no objection or a conditional determination or the airport determination remains pending.
(7) Environmental and historical studies.
(a) Solar facility developers shall be required to initiate a natural resource review consultation with the IL Department of Natural Resources (IDNR) through the Department's online EcoCat Program. Areas reviewed through this process will be endangered species and wetlands. The cost of the EcoCat consultation shall be borne by the developer. All recommendations shall be executed.
(b) The commercial solar energy facility must adhere to the recommendations provided by the Illinois Department of Natural Resources in an EcoCat natural resource review report under 17 Ill. Admin. Code Part 1075.
1. A commercial solar energy facility owner must demonstrate avoidance of protected lands as identified by the Illinois Department of Natural Resources and the Illinois Natural Preserve Commission; or
2. Adheres to the recommendation of the Illinois Department of Natural Resources for setbacks from protected lands, including areas identified by the Illinois Natural Preserve Commission.
(c) The facility owner must provide evidence of consultation with the Illinois State Historic Preservation Office to access potential impacts on state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.
(d) Every 36 months, the Zoning Administrator may hire a qualified wildlife expert to conduct a study to determine whether the commercial solar energy facility is in compliance with the Illinois Department of Natural Resources' recommendations in the form of an EcoCat natural resource review report. The cost to conduct such testing shall be borne by the facility owner. If the facility owner does not pay within 30 days of being provided an invoice for these costs, the remedies provisions of this section shall apply. The commercial solar energy facility shall at all times comply with and adhere to the recommendations provided by the Illinois State Historic Preservation Office. If at any time throughout the lift of the commercial solar energy facility project, the project is found to not be in compliance with the IDNR recommendations or the Illinois State Historic Preservation Office the applicant or facility owner will immediately shut down the commercial solar energy facility to ensure compliance with these recommendations until a solution to the violations is found and approved by the Zoning Administrator.
(8) At the time of siting permit application, the applicant shall submit:
(a) An executed agreement between the solar power plant owner/operator and all road district authorities with infrastructure affected by the solar power plant to the Zoning Administrator. 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.
(b) A description of the method of connecting the array to a substation.
(c) A written demonstration shall be provided that the applicant is in the queue to acquire an interconnect agreement. Then 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 should be provided to the county.
(d) Shall, at their expense, locate all mutual tile drain systems that drain farms that are affected by the solar energy system. The applicant shall be responsible for any damage to these tiles and repairs made at the applicant's expense.
(e) Provide properly executed agreements with all incorporated municipalities within one and one-half miles of the SES.
(9) Decommissioning plan. At the time of siting permit application, an estimate of the decommissioning costs in current dollars shall be prepared under seal of an Illinois licensed professional engineer.
(C) Decommissioning plan.
(1) Before a building permit can be granted, the applicant must present a decommission plan to ensure that SES facilities are removed after their useful life. Decommissioning of solar panels must occur in the event they are not producing power for 12 consecutive months. The last day of this 12-month period shall be considered the termination date. The operating company and/or landowner shall complete decommissioning of the SES within 12 months of the termination date, or the county may perform decommissioning at the operating company's expense. The decommission plan shall include provisions and the estimated costs for removal of all structures and modifications including equipment, fencing, roads, and foundations, including but not limited to the restoration of soil and vegetation necessary to return the land to the condition in which it existed at the time the application for siting permit was first filed. The plan must also describe the particular financial security the applicant proposes to offer to guarantee completion of the applicant's decommissioning obligations on the site. A bond, letter of credit or other form of security shall be the applicant's deposit of the determined monetary amount in the county escrow account as designated by the County Treasurer, unless the County Board in its sole discretion, agrees to accept alternative security, or a portion thereof, in the form of a security bond approved by the county. An update to the decommissioning plan shall be prepared by the applicant or its successors and submitted to the Zoning Administrator.
(2) Prior to construction, the facility owner or operator of the SES shall submit an engineer's estimate of cost of decommissioning the SES and restoring site in accordance with the approved decommissioning plan. Upon review and approval of the estimate, the facility owner or operator shall obtain a bond, letter of credit, or other form of security acceptable to the county to be held by the County Treasurer, with payments deposited at intervals and in the amounts as outlined in the AIMA agreement.
(3) The decommissioning plan shall provide for the removal of all of the following within 12 months of the termination of the SES operation:
(a) All solar collectors and components, above ground improvements, and outside storage.
(b) Foundations, pads, and underground electrical wires so as to reclaim all sites to the depth of five feet below the surface of the ground. This shall include vertical/horizontal receptor wires. Horizontal lines five feet or deeper do not need to be removed.
(c) Hazardous materials shall be disposed of in accordance with state and federal laws.
(d) Any earth disturbances resulting from the removal of the ground mounted solar panels must be put back to the previous condition.
(D) Operation.
(1) Annual report. The applicant must submit, on an annual basis on the anniversary date of the siting permit application, an operation and maintenance report to the Zoning Administrator. The report shall contain the following information: (i) a general description of any physical repairs, replacements or modification(s) to the commercial solar energy facility and/or its infrastructure; (ii) complaints pertaining to setbacks, noise, appearance, safety, lighting and use of any public roads received by the applicant concerning the commercial solar energy facility and the resolution of such complaints; (iii) calls for emergency services; (iv) status of liability insurance; and (v) a general summary of service calls to the commercial solar energy facility. Failure to provide the annual report shall be considered a material violation of this section.
(2) Any physical modification to the SES that increases the number of solar conversion structures and/or the land area occupied by the SES shall require a new siting permit. Like for like replacement of all SES components including but not limited to solar panels, transformers, inverters, cabling, shall not require recertification provided replacement is done in an equivalent fashion to the original installation.
(3) The application shall explain methods and materials used to clean the SES equipment including an estimation of the daily and annual gallons of water used and the source of the water and management of wastewater. The applicant will comply with the Illinois State Water Survey and the IEPA.
(E) Materials handling, storage and disposal.
(1) All solid waste related to the construction, operation and maintenance of the SES shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
(2) All hazardous materials related to the construction, operation, and maintenance of the SES shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws.
(F) Point of contact. The applicant of the SES shall maintain with the Zoning Administrator and DeWitt County Sheriffs Department a primary and two secondary points of contact. This information shall be kept current at all times, and changes shall be reported immediately or as soon as is possible.
(G) As-built maps and plans. Within 60 calendar days of completion of construction of the commercial solar energy facility, the applicant or operator shall deliver "as-built" maps, site plan and engineering plans for the commercial solar energy facility that have been signed and stamped by a professional engineer and a licensed surveyor.
(H) Hours of construction and hauling operations.
(1) Exterior construction activity and hauling operations to or from a construction site shall be limited to Monday through Saturday, between the hours of 7:00 a.m. to 8:00 p.m., when the construction site is located within one mile of non-participating property that has a residential structure.
(2) Exterior construction activity and hauling operations shall be strictly prohibited on Sundays and on federal or state recognized holidays.
(3) Exterior illumination of the construction site through the use of flood lights and/or similar lighting devices higher than 25 feet is strictly prohibited between the hours of 8:00 p.m. and 7:00 a.m. on any day of the week.
(I) Where a siting permit has been issued pursuant to the provisions of this chapter, the permit may become null and void by action of the County Board unless work thereon commences within one year of the date of granting the site permit. A siting permit shall be deemed to authorize only one particular use and may be cancelled by the County Board if that use ceases for more than 12 consecutive months.
(Res. 2019-01, passed 3-21-2019; Ord. passed 4-21-2022; Res. 23-10, passed 5-18-2023; Ord. passed 11-28-2023; Ord. passed 2-22-2024)