For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACTIVE SOLAR ENERGY SYSTEM. A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical or chemical means.
APPLICANT. The entity or person who submits to the County Code Administrator an application for the siting and operation of any commercial solar energy facility or substation. All references to APPLICANT in this chapter shall include APPLICANT'S successors-in-interest and assigns, which includes a commercial solar energy facility permittee (as defined in this section).
COMMERCIAL OPERATION DATE. The calendar date on which the commercial solar energy facility produces power for commercial sale, not including test power.
COMMERCIAL SOLAR ENERGY BUILDING PERMIT. A permit necessary for the commencement of work performed toward the construction, erection or installation of an approved commercial solar energy facility, substation, supporting facilities, or operations and maintenance building in connection with a commercial solar energy facility. A COMMERCIAL SOLAR ENERGY BUILDING PERMIT may be issued by the County Code Administrator after a commercial solar energy facility has obtained a special use application and after the County Board determines that all conditions, if any, have been satisfied that are imposed by this chapter and the special use application. The COMMERCIAL SOLAR ENERGY BUILDING PERMIT shall require the applicant to deliver a written "notice to proceed" for the commercial solar energy facility to the County Code Administrator prior to commencement of construction of the commercial solar energy facility. The term "commencement of construction", as used in this chapter, includes any site development work (e.g., demolition, grubbing, grading, excavation, road work, construction of project-related structures or infrastructure improvements, and the like) regarding the commercial solar energy facility.
COMMERCIAL SOLAR ENERGY FACILITY or COMMERCIAL SOLAR ENERGY SYSTEM. Herein referred to as "CSEF" or "CSES". Any device or assembly of devices that is ground-installed and uses solar energy from the sun for generating electricity for the primary purpose of wholesale or retail sale and not primarily for consumption on the property.
COMMERCIAL SOLAR ENERGY FACILITY PERMITTEE. An applicant who applies for and receives a commercial solar energy building permit under this chapter for the siting and operation of any commercial solar energy facility or substation. All references to a COMMERCIAL SOLAR ENERGY FACILITY PERMITTEE in this chapter shall include a COMMERCIAL SOLAR ENERGY FACILITY PERMITEE'S successors-in-interest and assigns.
FINANCIAL ASSURANCE or FINANCIAL SECURITY or DECOMMISSION SECURITY. Assurance from a credit worthy party, examples of which include a surety bond (e.g., performance bond and payment bond), trust instrument, cash escrow, or irrevocable letter of credit.
GRID-INTERIM SOLAR ENERGY SYSTEM. A photovoltaic solar energy system that is connected to an electric circuit served by an electrical company.
NONPARTICIPATING PROPERTY. Real property that is not a participating property. "Nonparticipating residence" means a residence that is located on nonparticipating property and that is existing and occupied on the date when an application for a permit to develop the commercial solar energy facility is filed with the County Code Administrator.
NOTICE TO PROCEED. A written document, named as such, stating that the applicant expresses an intent to commence construction activities on a commercial solar energy facility and identifying the date on which the construction activities are scheduled to commence.
OCCUPIED COMMUNITY BUILDING. Any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial solar energy facility is filed with the County Code Administrator: a school, place of worship, day care facility, public library, or community center.
OFF-GRID SOLAR ENERGY SYSTEM. A photovoltaic solar energy system in which the circuits energized by the solar system are not electrically connected in any way to electric circuits that are served by an electric utility company.
OPERATOR. The entity responsible for the day-to-day operation and maintenance of the development project, including any third party subcontractors. The OPERATOR must be a qualified solar power professional. All references to OPERATOR in this chapter shall include OPERATOR'S successors-in-interest and assigns.
OWNER. The entity or entities with an equity interest in a commercial solar energy facility, including their respective successors and assigns. Owner does not mean (a) the property owner from whom land is leased for locating the project (unless the property owner has an equity interest in the project); or (b) any person holding a security interest in the commercial solar energy facility solely to secure an extension of credit, or a person foreclosing on such security interest provided that after foreclosure, such person seeks to sell a commercial solar energy facility at the earliest practicable date. This definition includes the definition of facility owner as defined in 55 ILCS 5/5-12020.
PARTICIPATING PROPERTY. Real property that is subject of a written agreement between a facility 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 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 solar energy facility or supporting facilities.
PARTICIPATING RESIDENCE. Real property 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 solar energy facility is filed with the County Code Administrator.
PROFESSIONAL ENGINEER. A qualified individual who is licensed as a professional engineer in the State of Illinois. Where a structural engineer is required to take some action under terms of this chapter, a PROFESSIONAL ENGINEER may serve as the structural engineer if he or she has the appropriate structural engineering certification.
PROTECTED LANDS. Real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
PUBLIC CONSERVATION LANDS. Land owned in fee title by county, state or federal agencies and managed specifically for conservation purposes, including but not limited to county, state and federal parks, state and federal wildlife management areas, state scientific and natural areas, and federal wildlife refuges and waterfowl protection areas. PUBLIC CONSERVATION LANDS do not include private lands upon which conservation easements have been sold to government agencies or non-profit conservation organizations. PUBLIC CONSERVATION LANDS also do not include private lands for which the owners have entered into contractual relationships with government or non-profit conservation organizations for conservation purposes.
SPECIAL USE APPLICATION. An application or the siting and operation of any commercial solar energy facility or substation that consists of all documentation and information contained in this chapter. The application is filed with the County Code Administrator prior to a public hearing. A SPECIAL USE APPLICATION is approved by the County Board after a public hearing, allowing a particular use at a specified location subject to compliance with certain specified special conditions as may be required by the County Board.
SUPPORTING FACILITIES. The transmission lines, substations, access roads, storage containers, and equipment associated with the generation and storage of electricity by the commercial solar energy facility.
(Ord. passed 5-9-2023)