A. Purpose: The purpose of this section is to provide regulations for the permitting of commercial solar and wind energy facilities as special uses for A Agricultural and I Industrial Zoning Districts._According to Public Act 102-1123, the petition for special use shall be heard by the Zoning Board of Appeals within forty-five (45) days and be sent for final decision to the County Board within thirty (30) days from the recommendation by the Zoning Board of Appeals.
B. Definitions:
COMMERCIAL SOLAR ENERGY FACILITY (CSEF): | As defined in IL Section 10-720 of the Property Tax Code. Commercial solar Energy Facility does not mean a utility- scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act. |
COMMERCIAL WIND ENERGY FACILITY (CWEF): | A wind energy conversion facility of equal to or greater than 500 kW in total nameplate generating capacity. Includes a wind energy conversion facility seeking an extension of a permit to construct granted by the county before the effective date of the Public Act 102-1123. |
FACILITY OWNER: | A. A person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility; and B. At the time the facility is being developed, a person who is acting as a developer of the facility, by acquiring the necessary rights, permits, and approvals or by planning for the construction operation of the facility, regardless of whether the person will own or operate the facility. |
NONPARTICIPATIN G PROPERTY: | Real property that is not a participating property. |
NONPARTICIPATIN G RESIDENCE: | A residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. |
OCCUPIED COMMUNITY BUILDING: | Any one or more or the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center. |
PARTICIPATING PROPERTY: | Real property that is the subject of a written agreement between the facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. Participating property also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. |
PARTICIPATING RESIDENCE: | A residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. |
PROTECTED LANDS: | Real property that is: A. Subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; registered or B. Designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act. |
SUPPORTING FACILITIES: | Transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility. |
WIND TOWER: | Includes the wind turbine tower, nacelle, and blades. |
C. Filing Requirements for A Special Use of A Solar Energy or Wind Energy Facility: Submittal packets for a special use for the construction of either a commercial solar or wind energy facility shall contain the following:
1. Application: The applicant for special use shall file twenty-five (25) copies of application, including ten (10) full size copies of exhibits and fifteen (15) reduced copies of all exhibits, with the Land Use Department of the County, together with the appropriate site review application fee. The applicant is to provide up to ten (10) additional copies of the application to the County upon request.
2. Land Use Department: The Land Use Department of the County, upon receiving said application, shall do the following:
a. Accept for filing, and date stamp as filing, any application that is filed. The date stamp of the Land Use Department should be considered the official filing date for all time limit purposes. Receipt and acceptance of an application by the department is proforma and does not constitute an acknowledgment that the applicant has complied with the County ordinances.
b. The Land Use Department shall make available a copy of the application and the public record concerning the application for public inspection during the normal business hours of the department. Additionally, the department shall provide any person requesting copies of the application or the public record, upon payment by such persons for the actual cost of reproduction in accordance with the County FOIA requirements.
3. Form of Applications:
a. All applications shall be in writing on paper of eight and one-half inches by eleven inches {8½" x 11"), eight and one- half inches by fourteen inches (8½" x 14"}, or eleven inches by seventeen inches (11" x 17").
b. The pages of the application shall be consecutively numbered, and all exhibits clearly marked and identified.
c. The text portion of the application (not including exhibits or graphic presentations) shall be in an electronic format. The exhibits or graphic representations may also be in electronic format.
D. Content Of the Application: Every application shall include the following information and documentation:
1. Evidence of Physical Control: The applicant shall provide evidence of the physical control of the site to be developed. Acceptable evidence shall include a redacted lease agreement, contract to purchase, or deed as proof of ownership.
2. Applicant Information: The applicant shall describe itself, its legal standing as to whether it is a corporation, limited liability company, individual, or other legal entity and shall identify its officers and directors, shareholders, and members. It should also identify its parent and subsidiary companies. The same information shall be provided for all owners and operators of the facility. In addition, the applicant shall identify the property owners that have entered into leases or agreements with the applicant and proof must be included that the applicant has the legal authority to bring this application in the name of such property owners.
3. Project Description : The applicant shall provide a general description of the project, which includes the following:
a. General description of the project including its total generating capacity affected area.
b. Site plan detailing the placement of the solar arrays and proposed access.
c. Equipment detail that outlines basic construction, electrical lines, and substation location.
d. Fencing and landscaping location and description proposed for buffering and maintenance plan.
e. The total height
4. Site Plan:
a. All proposed setback dimensions.
b. All proposed structures on the property, including, but not limited to, solar collectors, substations, wind turbine towers, transformers, and service roads.
c. Topographic site information for the subject property and the adjacent properties within a quarter mile of the property line of the subject property indicating contours in five-foot (5') intervals.
d. Existing structures on subject property and properties within a quarter mile of the property.
e. All existing and proposed underground and aboveground utilities.
f. All rights-of-way, wetlands, wooded areas, and public conservation lands.
g. Ingress and egress from the site as proposed during construction and thereafter, which indicates:
(1) Proposed road surface and cover.
(2) Width and length of access route and location of ingress.
h. Certified easements, contracts, waivers, and option agreements for proposed use of the land.
j. Revegetation or reclamation plan of the areas that will be disturbed.
j. Description of hours of operation for construction and maintenance of the facility, numbers of employees and type of traffic expected to be generated from the site.
k. Public road routes.
4. Wind Tower Setbacks: The following setbacks shall be complied with for wind towers of a commercial wind energy facility:
Location: | Setback Distance: |
Location: | Setback Distance: |
Occupied Community Building | 2.1 times the maximum blade tip height of the wind tower to the nearest point on the nearest point on the outside wall of the structure. |
Participating Residences | 1.1 times the maximum blade tip height of the wind tower to the nearest point on the nearest point on the outside wall of the structure. |
Nonparticipating residences | 2.1 times the maximum blade tip height of the wind tower to the nearest point on the nearest point on the outside wall of the structure. |
Boundary Lines of Participating Property | None |
Boundary Lines of Nonparticipating Property | 1.1 times the maximum blade tip height of the wind tower to the nearest point on the property line of the nonparticipating property. |
Public Roads Rights of Way | 1.1 times the maximum blade tip height of the wind tower to the center point of public road right of way. |
Overhead Communication and Electric Transmission and Distribution Facilities (Not including overhead way, utility service lines to individual homes or accessory buildings) | 1.1 times the maximum blade tip height of the wind tower to the nearest edge of the nearest edge of the property line, easement or right of way |
Overhead Utility Services Lines to Individual Houses or Outbuildings | None |
Fish and Wildlife Areas and Illinois Nature Preserve Commission Protected Lands | 2.1 times the macimum blade tip height of the wind tower to the nearest point on the property line of the protected lands.
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5. Environmental Impact: The applicant shall comply with all local, State, and Federal environmental regulations. The applicant shall provide information showing that the agricultural impact mitigation agreement has been entered into with the Department of Agricultural prior to the Zoning Board of Appeals meeting. The application shall provide an environmental impact analysis which will include how the project will take measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. Applicants must arrange for the completion of a Natural Resource Inventory through the Grundy County Soil and Water Conservation District and provide that to the Land Use Department for review with the LESA scoring system. A formal consultation with the Illinois Department of Natural Resource Ecological Compliance Assessment shall be completed and provided as part of the formal submittal for the special use.
6. Warning Signage: Signs warning of the high voltage associated with the solar farm shall be posted at every entrance to the facility, at the base of all pad mounted transformers and substations. A sign that provides emergency contact information, such as phone numbers, shall be posted near the tower and the operations and maintenance building.
7. Fencing: Perimeter fencing having a maximum height of eight feet {8') shall be installed around the boundary of the solar farm. The fence shall contain appropriate warning signage that is posted such that it is clearly visible on the site.
8. Vegetation Control: A vegetation and weed control plan shall be provided that protects against the creation of a prey habitat and/or aesthetic impacts to the surrounding area.
9. Maintenance; Inspections: The maintenance of the solar farm grounds, plantings, and fencing shall be inspected monthly by the Land Use Department to ensure compliance. If compliance is not met, the applicant shall be notified to bring the site into compliance.
10. Electrical Components: All electrical components of the U-SWECS shall conform to all applicable local utility standards and adopted National Electrical Code.
11. Shadow Flicker: The applicant shall conduct an analysis on the potential shadow flicker of the CWEF onto nonparticipating properties. The analysis shall identify the locations of shadow flicker that may be caused by the project and the expected durations of the flicker at these locations from sunrise to sunset over the course of a year. Any occupied community buildings or nonparticipating residence shall not experience more than thirty (30) hours per year of shadow flicker under planned operating conditions.
12. Landscaping: Applicant shall minimize the disruption of natural environment, retain existing vegetation and native plant species to the maximum extent feasible and replant with native vegetation if existing vegetation is disturbed during construction. Landscaping shall comply with the requirements set forth in the AIMA regulations and maintained.
13. Federal and State Requirement Compliance: The U-SWECS shall meet or exceed any standards and regulations of the FAA and any other agency of the state or federal government with the authority to regulate U-SWECS.
14. Power Lines: All electrical control wiring and power lines shall be wireless or not aboveground except where wind farm collector wiring is brought together for connection to the transmission or distribution network.
15. Access Roads: The applicant shall minimize the number and width of access roads, minimize cut and fill on sloping terrain and use natural terrain where feasible for these access points.
16. Roads: All routes on either county or township roads that will be used for the construction and maintenance purposes shall be identified on the site plan. All routes for either egress or ingress need to be shown. The routing shall be approved subject to the approval of the Grundy County highway engineer in coordination with the township road commissioners. The developer shall provide and complete a preconstruction baseline survey to determine existing road conditions for assessing potential future damage due to development related traffic. The developer applicant shall provide a road repair plan to ameliorate all damage, installation or replacement of roads that might be required by the developer. The developer applicant shall provide a letter of credit or a surety bond in an amount and form approved by the highway/roadway official(s).
17. Sound Pressure Level: The sound pressure level generated by a U-SWECS shall comply with all Illinois pollution control board (hereafter referred to as IPCB) noise regulations.
18. Safety/Climb Prevention: All CWEF shall be designed to prevent unauthorized access to electrical and mechanical components or access to the towers, fields, and electrical on the site. All towers shall not be climbable from the ground to fifteen feet (15') aboveground and all access doors to towers and equipment shall be lockable.
19. Waste Disposal: All solid waste generated from supplies, equipment, parts, packaging, or operation of the facility shall be removed from the site immediately and disposed of in an appropriate manner. Any hazardous waste that is generated by the facility, including, but not limited to, lubricating materials, shall be removed consistent with all local, state, and federal rules and regulations.
F. Decommissioning Or Abandonment of The Commercial Wind or Solar Energy Facility: Prior to receiving a special use of the facility, the operator/owner shall provide the decommissioning plan as approved by the Department of Agriculture in accordance with the current Standard Wind Farm AIMA template 81818 or standard solar AIMA version 9.19.19.
G. Liability Insurance: The owner or operator of the solar farm shall maintain a current general liability policy covering bodily injury and property damage and name Grundy County as an additional insured with limits of at least two million dollars ($2,000,000.00) per occurrence and five million dollars ($5,000,000.00) in the aggregate with a deductible of no more than five thousand dollars ($5,000.00).
H. Administration And Enforcement: The County Zoning Officer shall enforce the provisions of this section through an inspection of the solar farm every year. The Zoning Officer is hereby granted the power and authority to enter the premises of the solar farm at any time by coordinating a reasonable time with the operator/owner of the facility. Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this section shall, upon conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. Each component of the solar farm shall be the subject of a separate violation and further each week that a violation is permitted to exist shall constitute a separate offense. Other actions may be taken by law or in equity to prevent or to remedy any violation of this section and these remedies shall be in addition to any other remedies, damages, or penalties. (Ord. 2018-001, 1-9-2018; amd. Ord. 2023-005, 5-9-2023)