(A) Purpose. The purpose of this section is to provide regulations for the permitting large solar energy systems as a conditional permitted use for M1 Manufacturing District, M2 Manufacturing District, and M3 Manufacturing District zoning districts. This section provides restrictions for the development to aid in the quality of life for the adjacent property owners and general aesthetic qualities for the village while preventing detriment to the public health, safety and welfare of the village as a whole.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LARGE SOLAR ENERGY SYSTEM. Energy generated from multiple solar panels over a large parcel in which this would be the primary land use. Poles and racks of multiple solar panels would be used that would generate direct current, and systems that are not roof mounted solar energy systems, or pole mounted solar energy systems.
SOLAR ARRAY. A number of photovoltaic modules or panels connected together to provide a single electrical output.
SOLAR COLLECTOR TOTAL HEIGHT. The height of the solar collector system from grade to the highest point of the system that may be achieved when in operation.
TRACKING SOLAR ARRAY. A solar array that follows the path of the sun to optimize the amount of solar radiation received by the device.
(C) Filing requirements for a special use permit of a solar energy system. Submittal packets for a special use for the construction of a large solar energy system shall contain the following:
(1) Application. The applicant for a solar energy system special use shall file ten copies of application, which shall include full size and reduced sized copies of exhibits, with the Village Clerk, together with the appropriate application fee.
(2) Village Clerk. The Village Clerk, 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 Village Clerk should be considered the official filing date for all time limit purposes. Receipt and acceptance of an application by the Village Clerk does not constitute an acknowledgment that the applicant has complied with the village ordinances.
(b) The Village Clerk shall then forward to all members of the Village Planning and Zoning Board, as well as the Village Board, complete copies of the application.
(3) Form of applications.
(a) All applications shall be in writing on paper of 8-1/2 inches by 11 inches, 8-1/2 inches by 14 inches, or 11 inches by 17 inches.
(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 furnished in an electronic format. The exhibits or graphic representations may also be furnished in electronic format.
(D) Content of the solar energy system application. Every solar energy system application shall include the following information and documentation:
(1) 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 shall also identify its parent and subsidiary companies. The same information shall be provided for all owners and operators of the large solar energy system. 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.
(2) Project description. The applicant shall provide a general description of the project, including its total generating capacity; the equipment manufacturer, the type and model of solar collectors proposed, the number of solar collectors, the generating capacity of each solar collector, the proposed height of each solar collector and overall dimensions thereof.
(3) Site plan.
(a) All proposed setback dimensions.
(b) All proposed structures on the property, including, but not limited to, solar collectors, substations, 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 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 shall indicate proposed road surface and cover, dust control, width and length of access route and location of ingress, and road maintenance progress or schedule for proposed use of land.
(h) Certified easements, contracts, waivers, and option agreements for proposed use of the land.
(i) Utility interconnection details and a copy of written notification to the utility company requesting the proposed interconnection.
(j) Fire protection plan for the construction and the operation of the facility, and emergency access to the site.
(k) Revegetation or reclamation plan of the areas that will be disturbed.
(l) Drainage plan and erosion control plan.
(m) 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.
(E) Design and installation requirements.
(1) Height. The total height of the solar collectors shall not exceed 20 feet in height as measured using the existing, pre-construction and installation grade, when the solar collectors are oriented at a maximum tilt position unless specifically allowed by the Village Board.
(2) Setbacks.
(a) Yard setback requirements. The setback for the rear, front and side of the solar array and components of the solar collector system shall conform to the requirements of a structure for the zoning district in which the large solar energy system is located.
(b) Public and private roads. Components of the solar collector system shall be located such that they are 150 feet from public and private roads.
(3) Electrical components. All electrical components of a large solar energy system shall conform to all applicable local utility standards and national electric codes. All electrical wires and lines that are used in conjunction with the large solar energy system shall be installed underground.
(4) Environmental impact. The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on the natural environment including wetlands and other fragile ecosystems, historical or cultural sites and antiquities, and adjacent agricultural uses such as rotating crops. The applicant shall take appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any effects or concerns that will remain after mitigation efforts. In addition, a water usage or impact study shall be completed that will indicate any impact that the solar energy system will have on village water resources.
(5) Avian and wildlife impact. The applicant shall have a third party, qualified professional conduct an analysis to identify and assess any potential impacts on wildlife and endangered species. The applicant shall take the appropriate measures to minimize, eliminate or mitigate adverse impacts identified in the analysis. The applicant shall identify and evaluate the significance of any net effects or concerns that will remain after mitigation efforts.
(6) Warning signage. Signs warning of the high voltage associated with the large solar energy system 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 number, shall be posted near the operations and maintenance building.
(7) 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 be used as part of screening from adjacent properties or public view. The applicant shall be subject to all vegetation control requirements identified within this Municipal Code.
(8) Power lines. All electrical control wiring and power lines shall be wireless or not aboveground.
(9) 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.
(10) Roads. All routes on either state, county, village 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 Village Engineer. The applicant shall provide and complete a preconstruction baseline survey to determine existing road conditions for assessing potential future damage due to development related traffic. The applicant shall provide a road repair plan for any and all damage, installation or replacement of roads that might be required by the applicant. The applicant shall provide a letter of credit or a surety bond in an amount and form approved by the village.
(11) 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.
(12) Conformance to industry and code standards/engineer certification. The large solar energy system shall comply with all applicable local, national and village codes, standards, and regulations for the electrical, mechanical and structural components of the facility. All documents provided for review shall be stamped and signed by a professional engineer.
(13) Operation and maintenance. Each applicant or successor in interest shall have the facility inspected annually by third party qualified to inspect large solar energy system at their own expense. The third party qualified inspector of the large solar energy system shall be subject to the approval of the Village Board. Within 15 days of the inspection a copy of all reports shall be provided to the Village Board. The large solar energy system shall not operate unless a certificate is provided to the Village Board indicating that the annual maintenance has been completed and the facility is in good working condition. Failure to provide this annual certification may cause the revocation of the special use permit as issued by Village Board.
(14) Fencing. Perimeter fencing shall have the maximum height to conform to the requirements of the zoning district in which the large solar energy system is located. The fence shall contain appropriate warning signage that is posted such that it is clearly visible on the site.
(15) Reflective coating. Solar energy system components shall be designed with an antireflective coating. Verification shall be provided that verifies that the components of the solar energy system have this quality.
(16) Lot area. Large Solar Energy systems and components thereof shall be located on a parcel that is a minimum of ten acres in size. The lot or parcel shall have a minimum width of 200 feet.
(17) 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.
(18) Cleaning supplies and solvents. Cleaning chemicals and solvents used during the operation or maintenance of the large solar energy system facility shall consist of biodegradable products and shall be low in volatile organic compounds.
(F) Decommissioning or abandonment of the large solar energy system. Prior to receiving a special use permit of the large solar energy system, the applicant shall provide for a decommissioning plan for the anticipated service life of the facility or in the event that the facility is abandoned or has reached its life expectancy. If the large solar energy system is out of service or not producing electrical energy for a period of nine months, it will be deemed nonoperational and decommissioning and removal of that facility will need to commence according to the decommissioning plan provided and approved. The decommissioning plan shall have the following information provided:
(1) Removal of the following within nine months:
(a) All solar collectors and components, aboveground improvements and outside storage.
(b) Foundations, pads and underground electrical wires and reclaim the site to a depth of four feet below the surface of the ground.
(c) Hazardous material from the property and dispose of in accordance with federal and state law.
(d) A cost estimate for the decommissioning of the facility shall be prepared by a professional engineer or contractor who has expertise in the removal of the large solar energy system. The decommissioning cost estimate shall explicitly detail the cost before considering any projected salvage value of the out of service large solar energy system. The decommissioning cost shall be made by cash, surety bond or irrevocable letter of credit before any construction commences.
(e) A restoration plan shall be provided for the site.
(G) Liability insurance. The owner or operator of the large solar energy system shall maintain a current general liability policy covering bodily injury and property damage and name the village as an additional insured with limits of at least $2,000,000 per occurrence and $5,000,000 in the aggregate with a deductible of no more than $5,000.
(Ord. 2020-05, passed 9-21-2020) Penalty, see § 155.999