As used in this chapter:
APPLICANT. The entity who submits to the county 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 herein).
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 FACILITY or COMMERCIAL SOLAR ENERGY SYSTEM. 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 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 after a commercial solar energy facility has obtained a special use permit from the County Board and the Director of Planning and Zoning determines that all conditions, if any, have been satisfied that are imposed by the special use permit. The commercial solar energy building permit shall require the applicant to deliver a written "Notice to Proceed" for the commercial solar energy facility to file with the county 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 and infrastructure improvements, etc.) regarding the commercial solar energy facility.
COMMERCIAL SOLAR ENERGY FACILITY PERMITTEE. An applicant who applies for and receives a special use 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 permittee'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 and payment bond), trust instrument, cash escrow, or irrevocable letter of credit.
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.
NONPARTICIPATING PROPERTY. Real property that is not a participating property.
NONPARTICIPATING 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 solar energy facility is filed with the county.
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: a school, place of worship, day care facility, public library, or community center.
OPERATOR. The person or entity responsible for the day-to-day operation and maintenance of a commercial solar energy facility, including any third-party subcontractors. The operator must be a qualified solar power professional. All references to operator in the chapter shall include operator's successors-in-interest and assigns.
OWNER. The person or entity or entities with an equity interest in a commercial solar energy facility, including their respective successors-in-interest and assigns. The owner does not mean: (i) the property owner from whom land is leased for locating a commercial solar energy facility (unless the property owner has an equity interest in a commercial solar energy facility); or (ii) any person holding a security interest in a 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 the subject of a written agreement between a 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 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. 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 solar energy facility is filed with the county.
PROFESSIONAL ENGINEER. A qualified individual who is licensed as a professional engineer in any state in the United States. 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 PERMIT. A permit 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.
SUBSTATION. The apparatus that collects and connects the electrical collection system of the commercial solar energy facility and increases the voltage for connection with the utility's transmission lines.
2023 S-10
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. O-146-05-23, passed 5-11-2023)