A. Definitions.
COMMERCIAL SOLAR ENERGY SYSTEM (CSES): | A commercial facility, on a parcel(s) of five acres or more that converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for on-site or off-site use with the primary purpose of selling wholesale or retail generated electricity. |
COMMERCIAL SOLAR ENERGY SYSTEM (CSES) PROJECT AREA: | A single parcel of land greater than five (5) acres, or two (2) or more contiguous parcels of land totaling a minimum of five (5) acres on which a CSES will be constructed and operated. |
SOLAR ENERGY: | Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. |
SOLAR ENERGY SYSTEM (SES): | The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. |
SOLAR PANEL: | A device for the direct conversion of solar energy into electricity. |
B. Commercial Solar Energy System (CSES).
1. Purpose and Intent. The purpose of these regulations is to provide a uniform and comprehensive set of standards for the installation and use of CSESs designed for commercial energy production. The intent of these regulations is to protect the public health, safety, and community welfare while allowing development of solar energy resources for commercial purposes.
2. Conditional Permitted Use (CPU). CSESs shall require a CPU within the A-l or I zoning districts, and shall be subject to the procedures and standards included in Section 9-7-8 of the Village Code, unless otherwise stated in this Chapter.
3. Special Requirements. CSESs are subject to the following requirements:
a. Height. Shall not exceed eighteen feet at maximum tilt of the solar panel(s).
b. Setbacks. The front, side and rear yard setbacks shall be a minimum of fifty feet from the property lines which form the outside perimeter of a CSES. The CSES shall not be located within two hundred and fifty (250) feet of an existing dwelling. For properties participating in the solar farm, no additional separation from any existing dwelling or existing principal building is required except as provided for in Section 9-2-6 (Yards, Generally) in effect on the date the CSES building permit is submitted.
c. Fencing. A fence of at least six feet in height shall enclose and secure the CSES. Hazardous fencing such as barbed wire, electrically charged fencing or fencing with metal spikes is allowed providing such fencing is located at a height of at least six (6) feet above grade level.
d. Screening. A landscaping screen shall be provided for any part of the CSES that is visible to and located within five hundred (500) feet of an existing dwelling. The landscaping screen shall be located between the required fencing and the perimeter of the CSES Project Area. The 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. The landscaping shall not be required if the CSES is not visible to a dwelling by virtue of the existing topography as determined by the Village Zoning Administrator.
e. Lighting. If lighting is provided at the project, lighting shall be shielded and downcast such that the light does not spill onto the adjacent parcel(s) or highway(s).
f. Noise. Noise levels measured at the property line shall not exceed fifty decibels when located adjacent to an existing residence or residential district.
g. Installation and Design. The CSES shall be designed and located in order to prevent glare toward any inhabited buildings on adjacent properties as well as adjacent highways.
h. All wiring between solar panels and the solar facility substation shall be underground whenever possible.
I. Outdoor Storage. Only the outdoor storage of materials, vehicles, and equipment that directly support the operation and maintenance of the solar energy system shall be allowed.
j. Vegetation. The land that supports solar arrays shall be planted in native vegetation with a priority towards low-lying, deep-rooted plants, grasses, and flowers that have the potential to improve soil health. In addition, these plantings should support honeybees, butterflies, hummingbirds, and other pollinators whose populations are facing threats.
k. Proof an Agriculture Impact Mitigation Agreement (AIMA) pertaining to the construction of a commercial solar energy facility has been executed with the Illinois Department of Agriculture.
l. Annual review and reporting.
(1) The applicant, owner, and/or operator of a CSES project shall submit to the Village on the first Monday of July of each year following CSES project approval a report regarding CSES maintenance and operation. This report shall include:
(A) Any physical modifications to the CSES and/or its infrastructure;
(B) Complaints pertaining to setbacks, noise, appearance, safety, lighting, and use of any public roads, received by the applicant, owner and/or operator concerning the CSES, and the resolution of such complaints;
(C) Calls for emergency services, including the nature of the emergency and how it was resolved;
(D) A report verifying compliance with the approved vegetation plan. The report shall be completed by an expert with applicable training and knowledge to evaluate the status of the vegetation. The applicant, owners, and/or operator shall submit the name and applicable credentials of the expert to the Zoning Administrator for approval, and shall pay all costs associated with completing the evaluation and report;
(E) Status of liability insurance; and,
(F) Any other information that the Village might reasonably request.
(2) Within thirty days of the receipt of this annual report, the Zoning Administrator shall review the report and conduct an on-site field review of the CSES project. The Zoning Administrator shall compile a written report of the findings and within sixty days of the receipt of the report shall submit the report to the Village Board.
(3) The Zoning Administrator shall charge a fee for this annual review in the amount of no more than five hundred dollars per CSES project area. This fee shall be paid to the Village by the CSES applicant, owner, and/or operator at the time of annual report submission. Failure to provide the annual report and required fee shall be considered a cessation of operations.
(4) The applicant, owner, and/or operator of an CSES project shall provide the Zoning Administrator access to the CSES project area for the purposes described above. Failure to provide access shall be deemed a violation of this ordinance.
4. Certification. CSESs shall conform to applicable industry standards, including those from the UL and Federal Aviation Administration (FAA), as well as all applicable Village, county, state, and national construction and electric codes shall be followed.
5. Safety. All CSESs shall provide the following at all locked entrances:
a. A visible “High Voltage” warning sign;
b. Name(s) and phone number(s) for the electric utility provider;
c. Name(s) and phone number(s) for the site operator;
d. The facility’s 911 address, GPS coordinates; and,
e. A knox box with keys.
6. Petition. The petition for a Conditional Permitted Use for a CSES shall include:
a. A written summary of the project including:
(1) a general description of the project, including its approximate nameplate generating capacity;
(2) Number of CSES panels and nameplate generating capacity of each panel;
(3) Number of CSES support piers; and,
(4) The system height.
b. The name(s), address(s), and phone number(s) of the owner and/or CSES operator.
c. A site plan of the CSES site showing:
(1) Boundaries of the site;
(2) Approximate location of CSES panels and piers;
(3) All proposed CSES structures - including, but not limited to, the project substation, interconnect substation, battery energy storage system (if applicable), and location and voltage of any overhead transmission lines;
(4) Property lines;
(5) Setback lines; and,
(6) Location of all existing structures with their uses identified.
d. All other information contained in the Village Zoning Code as may be required to file a petition.
7. Decommissioning Plan. Prior to applying for a building permit, the CSES project owner/operator shall submit a decommissioning plan to the Zoning Administrator. The Zoning Administrator shall review the plan for completeness and refer it to the Zoning Board of Appeals. The plan shall include:
a. A description of the plan to remove the CSES equipment and restore the land to its previous use upon the end of the project’s life, as stated in the Ordinance granting the Conditional Permitted Use;
b. Provisions for the removal of structures, debris, cabling, and associated equipment on the surface and to a level of not less than five feet below the surface, and the sequence in which removal is expected to occur;
c. Provisions for the restoration of the soil and vegetation;
d. An estimate of the decommissioning costs in future dollars at the time of filing certified by a professional engineer who shall use professional standards in compliance with State of Illinois law, with all costs borne by the applicant;
e. A written financial plan approved to ensure that funds will be available for decommissioning and land restoration;
f. A provision that the terms of the decommissioning plan shall be binding upon the owner or operator and any of their successors, assigns, or heirs;
g. Upon review of the decommissioning plan, the Zoning Board shall recommend an amount to be held in a bond, escrow or other acceptable form of funds approved by the Village Board to the Village Board. The plan shall state that the project owner/operator shall provide the Village with financial assurance to cover the estimated costs of decommissioning of the CSES and that the Village shall have access to the project and to the funds to effect or complete decommissioning one year after cessation of operations; and,
h. The applicant shall provide the Village with a new estimate of the cost of decommissioning the CSES project every five years under the same conditions as set forth in this Section above. Salvage value of structures, electrical wire and other appurtenances shall be considered with in the cost estimate calculations. Upon receipt of this new estimate, the Village may require, and the applicant, owner, and/or operator of the CSES project shall provide, a new financial plan for decommissioning acceptable to the Village. Failure to provide an acceptable financial plan shall be considered a cessation of operations.
8. Certificate of Compliance. Before any permit is issued, the following shall be submitted to the appropriate Village officer for review:
a. Site plan with all items previously required in the petition. Additional items to be included are:
(1) All CSES structures including, but not limited to, the project solar panels, substation, interconnect substation, battery energy storage system (if applicable), and location and voltage of any overhead transmission lines;
(2) Ancillary equipment;
(3) Transmission lines;
(4) Wells;
(5) Septic fields;
(6) Field tile location;
(7) Fence plan;
(8) Vegetation plan;
(9) Landscaping screening plan;
(10) Existing easements;
(11) Floodplain location and elevation; and,
(12) Wetland location, if any.
b. Emergency plan. The site and emergency plan shall be submitted to the local fire protection district(s) and/or department(s) whose jurisdiction is included in whole or in part within the CSES project area. Any specialized training necessary will be provided at the operator’s expense.
c. All required studies, reports, certifications, and approvals demonstrating compliance with the provisions of this ordinance.
d. After an approved final inspection of all building permits, a certificate of compliance shall be issued.
C. Indemnification And Liability.
1. The applicant, owner, and/or operator of the CSES project shall defend, indemnify, and hold harmless the Village of Pawnee and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities whatsoever, including attorney’s fees, without limitation, arising out of acts or omissions of the applicant, owner, and/or operator associated with the construction and/or operation of the CSES project.
2. The applicant, owner, and/or operator of the CSES project shall maintain a current general liability policy covering bodily injury and property damage with limits of at least two million dollars per occurrence and two million dollars in the aggregate. Evidence of liability coverage must be reported to the Village on an annual basis, and any loss of coverage must be reported within three working days of loss. Failure to maintain coverage shall be considered a cessation of operations.
D. Cessation Of Operations. If any CSES provided for in this chapter has not been in operation and producing electricity for at least two hundred and seventy consecutive days, it shall be removed. The Zoning Administrator shall notify the owner to remove the system. Within thirty days, the owner shall either submit evidence showing that the system has been operating and producing electricity or remove it. If the owner fails to or refuses to remove the solar energy system, the violation shall be referred to the Village Attorney for enforcement, with attorney’s fees and costs to be borne by the owner/operator should the Village substantially prevail in any lawsuit seeking enforcement.
E. Penalties.
A failure to obtain applicable permit(s) for the construction of a CSES or failure to comply with the requirements of a permit or the provisions of this chapter shall be deemed a violation of this chapter. The Village Attorney may bring an action to enforce compliance of the requirements of this chapter by filing an action before the Sangamon Circuit Court for an injunction requiring conformance with this chapter or seek such other order as the court deems necessary to secure compliance with this chapter.
Any person who violates this chapter shall be fined not less than two hundred and fifty dollars or more than five hundred dollars. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
Nothing herein shall prevent the Village from seeking such other legal remedies available to prevent or remedy any violations of this chapter. (Ord. 23-07, 4-10-2023)