A. Roads: If the owner and/or operator of a solar energy system enters into a road use agreement with the Illinois Department of Transportation, a county, a road district, or any other unit of local government relating to a solar energy system, the road use agreement shall require the facility owner and/or operator to be jointly and severally responsible and liable for:
1. The reasonable cost of improving roads used by the facility owner to construct the solar energy system, and
2. The reasonable cost of repairing roads used by the facility owner and/or operator during construction of the solar energy system so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction.
Roadways improved in preparation for and during the construction of the solar energy system shall be repaired and restored to the improved condition at the sole and exclusive cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.
The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the solar energy system. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner shall be deemed to be reasonably related to the cost of administration of the road use agreement.
B. Roadway Dedication: Temporary access roads or drives utilized during the construction of a solar energy system shall not be required to be dedicated to the Village or any other governmental agency with jurisdiction, but the Village may, in its discretion, require dedication of any permanent roads or drives used for access and maintenance of the solar energy system.
C. Existing Road Conditions: Prior to construction, the owner/operator must conduct a pre-construction survey, in coordination with the applicable highway authority to determine existing road conditions. The owner/operator is responsible for on-going road maintenance and dust-control measures resulting from the construction and installation of the solar energy system as identified by the applicable road authority during all phases of construction and installation.
D. Drainage System: Prior to construction, the owner/operator is responsible for identifying the location of all subsurface drainage systems. The owner and/or operator are jointly and severally responsible and liable for promptly repairing damage to drain tiles and other drainage systems that result from construction, operation, or maintenance of the solar energy system that negatively impact properties outside the subject property. Repair of subsurface drainage systems shall, at a minimum, be in compliance with the Agricultural Impact Mitigation Agreement (AIMA) then in effect.
(Ord. 2023-40, 10-24-2023)