Solar farm energy systems (SFES) is a facility on a parcel of five or more acres for on-site or off-site use with the primary purpose of selling wholesale or retail generated electricity. All solar farm energy systems (SFES) will require a conditional use permit, which may be applied for in the Industrial Districts.
(A) Setback and height restrictions.
(1) The applicant, owner or operator shall submit to the local fire protection district a copy of the site plan.
(2) A means of access for emergency services shall be provided and maintained.
(3) The facility shall provide approval for access points from the road authority having jurisdiction.
(4) All other applicable fire, life safety and/or emergency response laws and regulations apply.
(5) All wiring between solar panels and the solar farm facility substation shall be underground unless approved by the City of Greenville.
(6) Names and phone numbers of the site operator and electric utility provider must be provided to the Zoning Department, Greenville Police Department and Fire Department. Any changes of contact shall be reported immediately
(7) Power and communication lines running between banks of solar panels and to electric substations or interconnections with building shall be buried underground unless water courses or other elements or natural landscape interfere.
(8) If lighting is provided at the site, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel.
(9) Noise levels measured at property line shall not exceed 50 decibels when located adjacent to an existing residence or residential district.
(10) The SFES shall be designed and located to prevent glare toward any structure on nearby properties and roadways, including, but not limited to, highways and streets.
(11) SFES shall conform to all applicable industry standards, including those from the UL and Federal Aviation Administration (FAA) and, when applicable, all SFES 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.
(12) Any other requirements or conditions as determined necessary by the City of Greenville Zoning Board or Appeals.
(B) 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.
(C) Utility notification. A copy of the power purchase agreement and/or interconnection agreement must be submitted to the Zoning Department before obtaining a building permit.
(D) Application. SFES shall be required to submit and obtain approval on the following items in addition to any requirements specified in the special use section of the county code or any special conditions required by the Zoning Board of Appeals or the City of Greenville.
(1) A written summary of the project including a general description of the project, including its approximate generating capacity.
(2) The names, addresses and phone numbers of the owner and operator.
(3) Site plan with existing conditions showing the following:
(a) Existing property lines and property lines extending 100 feet from the exterior boundaries, including the names of adjacent property owners and current use of those properties.
(b) Existing public and private roads, showing widths of roads and any associated easements.
(c) Location and size of any wells and septic field.
(d) Existing buildings with their uses identified.
(e) If there is a floodplain on the property, elevations may be required.
(f) Location of any field tiles.
(4) Site plan of proposed condition:
(a) Location and spacing of solar panels.
(b) Setback lines.
(c) Location of access roads and access points.
(d) Planned location of underground or overhead electric lines connecting the solar farm to a building, substation or other electric load.
(e) Description of method connecting the array to a building or substation.
(f) All SFES structures including, but not limited to fencing, gates, substation, interconnect substation that is to be the connection point for the solar farm, and location and voltage of any overhead transmission lines.
(g) Examples of facility signage.
(h) A plan for ongoing maintenance of the SFES.
(i) A decommissioning plan with 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. Provisions for the removal of structures, debris, and associated equipment on the surface to a level of not less than five feet below the surface, and the sequence and timing in which the removal in expected to occur.
(E) Zoning certificate of compliance.
(1) Prior to construction, a zoning certificate (building permit) must be obtained from the City of Greenville. The applicant shall submit an update and finalized site plan with all items previously required in the application for a special use and any modifications required by the Zoning Board of Appeals, City of Greenville and Zoning Administrator.
(2) Additional items to be included are:
(a) The owner or operator of the SFES shall enter into an agricultural impact mitigation agreement (AIMA) with the Illinois Department of Agriculture prior to commencement of construction. A copy of the agreement must be submitted to the Zoning Department.
(b) The owner or operator shall initiate a consultation process, and pay all applicable fees to, the Illinois Department of Natural Resources. A copy of the consultation determination (Eco CAT) must be submitted to the Zoning Department.
(c) A copy of the lease agreement, interconnection agreement and power purchase agreement.
(d) All required studies, reports, certifications, insurance policies, declaration pages, approvals, and other documentation demonstrating compliance with the provisions of this section.
(e) Applicant shall submit to the City of Greenville Zoning Department an estimate of decommissioning cost certified by an independent professional engineer (not the applicant, owner, nor any employee, agent, or affiliate of the same). The City of Greenville may, at the applicant’s expense, hire its own qualified engineer to verify the accuracy of the estimate of decommissioning costs.
(f) A performance bond equal to or greater than the estimated amount of the decommissioning costs.
(g) 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.
(h) A storm water and groundwater management plan demonstrating best management practices, with erosion and sediment control provisions.
(F) Indemnification and liability.
(1) The applicant, owner and/or operator of the solar farm energy system project shall defend, indemnify, and hold harmless the City of Greenville 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, cost, expenses, and liabilities whatsoever, including attorney’s fees, without limitation, arising out of acts or omissions of the applicant, owner, and/or operator associated with the construction and/or operation of the SFES project.
(2) The applicant, owner, and/or operator of the solar farm energy system project shall maintain a current general liability policy covering bodily injury and property damage with limits of at least two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) in the aggregate. Evidence of liability coverage must be reported to the City of Greenville Zoning Department on an annual basis, and any loss coverage must be reported within three working days of loss. Failure to maintain coverage shall be considered a cessation of operations pursuant to division (G) below of this section, identified as Decommissioning Plan.
(G) Decommissioning plan.
(1) The owner or operator of the SES shall completely decommission within 12 months for any reason stated in this section or if any of the following conditions (“decommissioning triggers”) exists:
(a) The SES ceases to generate electricity for a continuous period of 12 consecutive months;
(b) The land lease ends, expires or is terminated;
(c) The SES is damaged and will not be repaired or replaced.
(2) The City of Greenville Zoning Administrator shall notify the applicant, owner, or operator to remove the system. This period may be extended by the Zoning Administrator if the owner or operator provides evidence within 45 days that the failure to generate electricity is due to circumstances beyond the owner's or operator's reasonable control and has not been abandoned. Decommissioning shall include:
(a) The removal of all equipment, cables, wires, conduits, structures, fencing and foundations to a depth of at least 48 inches below grade. All solid wastes and hazardous materials 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.
(b) The removal of all graveled areas and access roads unless the owner of the leased real estate requests in writing that they are to remain in place.
(c) Restoration of the land to a condition reasonably similar to its conditions prior to the solar garden or solar farm development. Including replacement of topsoil removed or eroded.
(d) Re-vegetation of any cleared and/or disturbed areas with warm season grasses and forbs that are native to the region, unless requested in writing by the owner of the real estate to not revegetate due to plans for agricultural planting.
(3) To ensure the full completion of decommissioning requirements, and/or to facilitate the mitigating and abatement of public nuisances or health hazards caused by debris or hazardous materials occurring in the event of partial or complete destruction by natural or man-made causes, the owner and/or operator shall obtain and deliver to the City of Greenville a performance bond or similar financial assurance, for removal of all components (“Decommissioning Security”). Any such bond must be issued for a term of at least seven years and must not be cancelable during that term. The plan shall state that in form and substance, reasonably satisfactory to the city securing the owner and/or operator obligation, the city 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 45 days of notice from the City Zoning Administrator or by such additional time granted by the City Zoning Administrator.
(a) The Decommissioning security shall be equal to 110% of the estimated cost of decommissioning. The decommissioning security shall survive the bankruptcy or dissolution of the owner and/or operator or other termination of the owner and/or operator of the SES existence or its legal obligations. Once it is in place, the owner and/or operator shall maintain the decommissioning security and cause the decommissioning security to be valid and enforceable until the secured decommissioning obligations are satisfied.
(b) The applicant shall provide the City of Greenville Zoning Administrator with a new estimate of the cost of decommissioning the SFES every five years, due on the anniversary of the special use being granted. Failure to provide a new estimate and/or acceptable financial plan estimate shall be considered a cessation of operations.
(c) When any of the identified decommissioning triggers exist, if the owner and/or operator has not complied with its decommissioning and related obligations. The City shall be entitled to make a claim against the decommissioning security for its costs to decommission, net of any salvage value the city actually realizes.
(d) The applicant and/or owners of SFES shall pay all costs associated with the remedy of any complaints deemed necessary and factual by the Zoning Administrator. SFES shall conform to all applicable industry standards, including those from the UL and Federal Aviation Administration (FAA) and, when applicable, all SFES shall conform to any applicable Air Installation Compatible Use Zone (AICUZ) study.
(e) Nothing herein shall prevent the City of Greenville from seeking such other legal or equitable remedies available to prevent or remedy any violation of this section.
(Ord. 3309, passed 9-12-2023)