(A) Design safety certification.
(1) Commercial solar energy facilities shall conform to applicable industry standards, including those of the American National Standards Institute ("ANSI"). Applicants shall submit certificates of design compliance that equipment manufacturers have obtained from Underwriters Laboratories ("UL"), or an equivalent third party. All solar panels, cells and modules; solar panel mounts and racking, including any helical piles, ground screws, ballasts, or other anchoring systems shall be new equipment commercially available; no used or experimental equipment shall be used without the approval of a variance by the County Board.
(2) Following the granting of siting approval under this chapter, a structural engineer shall certify, as part of the commercial solar energy facility building permit application process, that the design of the commercial solar energy facility is within accepted professional standards, given local soil, subsurface and climate conditions.
(B) Electrical components. All electrical components of the commercial solar energy facility shall conform to applicable local, state, and national codes, and relevant national and international standards (e.g. ANSI and International Electrical Commission).
(C) Height. No component of a solar panel, cell or modules may exceed 20 feet in height above the ground at full tilt.
(D) Aesthetics and lighting.
(1) Vegetative screening. A vegetative screen shall be provided for any part of the commercial solar energy facility that is visible to non-participating residences. The landscaping screen shall be located between the required fencing and the property line of the participating parcel upon which the facility sits. The vegetative screening shall include a continuous line of native evergreen foliage and/or native shrubs and/or native trees and/or any existing wooded area and/or plantings of tall native grasses and other native flowering plants.
(2) Lighting. If lighting is provided at the commercial solar energy facility, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel.
(3) Intra-project power and communication lines. All power lines used to collect power and all communication lines shall be buried underground at a depth in accordance with the Agricultural Impact Mitigation Agreement until same reach the property line or a substation adjacent to the property line.
(E) Fencing. A fence of at least six feet and not more than 25 feet in height shall enclose and secure the commercial solar energy facility.
(F) Warnings.
(1) A reasonably visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(2) Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.
(G) Setback requirements.
(1) The commercial solar energy facility shall be sited as follows, with setback distances measured from the nearest edge of any component of the facility:
(a) Occupied community buildings and dwellings on nonparticipating properties. One hundred fifty feet to the nearest point on the outside wall of the structure.
(b) Nonparticipating residences. One hundred fifty feet to the nearest point on the outside wall of the structure.
(c) Boundary lines of participating property. None.
(d) Boundary lines of nonparticipating property. Fifty feet to the nearest point on the property line of the nonparticipating property.
(e) Public road rights-of-way. Fifty feet the nearest edge of the public road right-of-way.
(2) The setback requirements for nonparticipating properties may be waived by the written consent of the owner(s) of each affected nonparticipating property.
(3) The applicant does not need to obtain a variance from the county upon waiver by the property owner of any of the above setback requirements. Any waiver of any of the above setback requirements shall run with the land and be recorded with the Recorder of Deeds of the county.
(H) Compliance with additional regulations. Nothing in this chapter is intended to preempt other applicable state and federal laws and regulations.
(I) Use of public roads.
(1) An applicant proposing to use any county, municipality, township or village road(s), for the purpose of transporting commercial solar energy facility or substation parts and/or equipment for construction, operation, or maintenance of the commercial solar energy facility or substation(s), shall:
(a) Identify all such public roads; and
(b) Obtain applicable weight and size permits from relevant government agencies prior to construction.
(2) To the extent an applicant must obtain a weight or size permit from the county, municipality, township or village, the applicant shall:
(a) Conduct a pre-construction baseline survey to determine existing road conditions for assessing potential future damage; and
(b) Any proposed public roads that will be used for construction purposes shall be identified and approved in writing by the respective Road District Commissioner and the county engineer prior to the granting of the special use permit. Traffic for construction purposes shall be limited to these roads. All overweight and/or oversized loads to be transported on public roads may require a permit from the respective highway authority. Any road damage caused by the transport of the facility's equipment, the installation, maintenance, or removal, must be completely repaired to the reasonable satisfaction of the Road District Commissioner and the county engineer. The Road District Commissioner and county engineer may choose to require either remediation of road repair upon completion of the community solar energy facility or are authorized to collect fees for overweight and/or oversized load permits. Further, financial assurance in an amount to be fixed by the Road District Commissioner to ensure the road district or the county that future repairs are completed to their reasonable satisfaction shall be provided. Applicant shall submit a draft form of said financial assurance with application for special use permit.
(c) Enter into a road use agreement with the county and each affected road district that includes the following provisions, at a minimum:
1. Project layout map;
2. Transportation impact analysis;
3. Pre-construction plans;
4. Project traffic map;
5. Project scope of repairs;
6. Post-construction repairs;
7. Insurance; and
8. Financial security in forms and amounts acceptable to the county.
(d) The road use agreement shall require applicant to be responsible for the reasonable cost of improving roads used to construct commercial solar energy facility and the reasonable cost of repairing roads used by the facility owner during construction of the community solar energy facility so that those roads are in a condition that is safe for the driving public after the completion of the commercial solar energy facility construction. Roadways improved in preparation for and during the construction of the community solar energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.
(3) All repairs and improvements to public roads and roadway appurtenances shall be subject to the prior approval of the county before being made and shall also be subject to inspection and acceptance by the county after such repairs and improvements are completed. The county's road use agreement, and any further agreements contemplated therein, regarding the maintenance and repair of public roads and highways, must be approved by the County Board prior to the Board's approval of any commercial solar energy facility building permit applications related to the construction of the proposed commercial solar energy facility.
(J) Site assessment. To ensure that the subsurface conditions of the site will provide proper support for the commercial solar energy facility and soil restoration, the applicant, at its expense, shall provide soil and geotechnical boring reports to the county engineer as part of its commercial solar energy facility building permit. The applicant shall follow the guidelines for conservation practices impact mitigation submitted by the County Soil and Water Conservation District (or equivalent regulatory agency). Also, the applicant shall submit grading plans for the proposed substations for review and comment by the County Soil and Water Conservation District prior to the issuance of any commercial solar energy facility building permit for the construction of said substations.
(K) Noise levels. Noise levels from commercial solar energy facilities shall be in compliance with applicable Illinois Pollution Control Board (IPCB) regulations. The applicant shall submit manufacturer's sound power level characteristics and other relevant data regarding noise characteristics necessary for a competent noise analysis. The applicant, through the use of a qualified professional, shall appropriately demonstrate compliance with the applicable noise requirements in its special use permit application.
(L) Agricultural impact mitigation. Pursuant to 505 ILCS 147/15(a), the applicant, at its expense, shall enter into an Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture prior to any public hearing required before a siting decision on the commercial solar energy facility application. All impacted agricultural land, whether impacted during construction, operation, or decommissioning activities, must, at a minimum, be remediated by the applicant pursuant to the terms of the Agricultural Impact Mitigation Agreement with the Illinois Department of Agriculture. The applicant shall submit the executed Agricultural Impact Mitigation Agreement to the county as part of the special use permit application.
(M) As-built map 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.
(N) Engineer's certificate. The commercial solar energy facility engineer's certificate shall be completed by a structural engineer registered in the State of Illinois or by a professional engineer with a certification from a structural engineer registered in the State of Illinois and shall certify that the specific soils and subsurface conditions at the site can support the apparatus, given local soil, subsurface and climate conditions. The commercial solar energy facility engineer's certificate shall be a public record and shall be submitted as part of the special use permit application.
(O) Conformance with approved application and plans. The applicant shall construct and operate the commercial solar energy facility in substantial conformance with the construction plans contained in a county- approved submitted special use permit application(s), conditions placed upon the operation of the facility, this chapter and all applicable state, federal and local laws and regulations.
(P) Additional terms and conditions.
(1) All technical submissions as defined in the Professional Engineering Practice Act of 1989 (225 ILCS 325/4(w)) and contained in the special use permit application shall be prepared and signed by an Illinois Professional Engineer (or structural engineer) for the relevant discipline.
(2) The county may retain a qualified, independent code inspector or professional engineer both to make appropriate inspections of the commercial solar energy facility during and after construction and to consult with the county to confirm that the construction, substantial repair, replacement, repowering and/or decommissioning of the commercial solar energy facility is performed in compliance with applicable electrical and building codes. The cost and fees so incurred by the county in retaining said inspector or engineer shall be promptly reimbursed by the applicant of the commercial solar energy facility.
(3) The special use permit granted to the applicant shall bind and inure to the benefit of the applicant, its successors-in-interest and assigns. If any provision in this chapter, or conditions placed upon the operation of the commercial solar energy facility is held invalid, such invalidity shall not affect any other provision of this chapter that can be given effect without the invalid provision and, to this end, the provisions in this chapter are severable.
(4) The applicant shall provide an executed road use agreement between the applicant and the appropriate governing road and highway jurisdictions or the Illinois Department of Transportation, to the county showing approved entrances prior to the issuance of any commercial solar energy facility building permit.
(Ord. O-146-05-23, passed 5-11-2023)