(A) Definitions. As used in this section:
ACTIVE SOLAR ENERGY SYSTEM. A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS. An active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within roofing materials, windows, skylights and awnings.
GRID-INTERTIE SOLAR ENERGY SYSTEM. A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company.
GROUND MOUNT. A solar energy system mounted on a rack or pole that rests on or is attached to the ground.
OFF-GRID SOLAR ENERGY SYSTEM. A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.
PASSIVE SOLAR ENERGY SYSTEM. A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
PHOTOVOLTAIC SYSTEM. An active solar energy system that converts solar energy directly into electricity.
POLLINATOR PLANTS. Pollinator plants shall be those plants designated on the United States Department of Agriculture Natural Resources Conservation Service pollinator plane list.
RENEWABLE ENERGY EASEMENT, SOLAR ENERGY EASEMENT. An easement that limits the height or location, or both, of permissible development on the burdened land of a structure or vegetation, or both, for the purpose of providing access for the benefitted land to wind or sunlight passing over the burdened land.
ROOF MOUNT. A solar energy system that is mounted on a rack that is fastened onto a building roof.
SOLAR ACCESS. Unobstructed access to direct sunlight on a lot or building through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
SOLAR COLLECTOR. An assembly, structure, and the associated equipment and housing, designed for gathering, concentrating, or absorbing direct and indirect solar energy for which the primary purpose is to convert or transform solar radiant energy into thermal, mechanical, chemical or electrical energy.
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). All components required to become a complete assembly for structure that will convert solar energy into electricity for use.
SOLAR ENERGY SYSTEM ADDITION. A private solar energy system which is structurally attached to a building or structure on a zoning lot on which said system is located. Said system shall be considered part of the building and shall comply with all provisions of this section pertaining thereto.
SOLAR ENERGY SYSTEM, PRIVATE. A collection of one (1) or more solar collectors designed for use by the occupant(s) of the zoning lot on which said system is located; excess power generation is limited to net metering or similar technology with regulations set by the local power utility, community, county, and state. Private solar energy system equipment shall conform to applicable industry standards, and applicants for building permits for private solar energy systems shall submit certificates from equipment manufactures that the equipment is manufactured in compliance with industry standards.
SOLAR FARM. A commercial facility either more than 20 acres in size or more than two megawatts a/c in capacity that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity. A solar farm is the principal land use for the parcel on which it is located.
SOLAR GARDEN. A commercial solar-electric (photovoltaic) array, of no more than 20 acres in size and two megawatts or less a/c in capacity, that provides retail electric power (or a financial proxy for retail power) to multiple households or businesses residing in or located off-site from the location of the solar energy system. A county solar garden may be either an accessory use, when a part of existing or a proposed subdivision or a special use if it is a stand-alone garden.
SOLAR HEAT EXCHANGER. A component of a solar energy device that is used to transfer heat from one substance to another, either liquor or [text missing].
SOLAR HOT AIR SYSTEM. An active solar energy system (also referred to as solar air heat or solar furnace) that includes a solar collector to provide direct supplemental space heating by heating and re-circulating conditioned building air.
SOLAR HOT WATER SYSTEM. A system (also referred to as solar thermal) that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes.
SOLAR MOUNTING DEVICES. Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
SOLAR STORAGE UNIT. A component of a solar energy device that is used to store solar generated electricity or heat for later use.
(B) Building permit requirements and fees.
(1) All solar energy systems (SES) will be required to have a city building permit before any work can be started. A written plan and a plat/drawing for the proposed solar energy system shall be provided with the building permit application. The plat/drawing must show the location of the system on the building or on the property, (for a ground-mount system show arrangement of panels), with all property lines and set back footages indicated. Fees for processing the applications for building permits shall be submitted to and collected by the City of Paxton as follows:
- 0-2 kilowatts (kW) No Fee With Permit
- 3-10 kilowatts (kW) $50.00 Fee With Permit
- 11 - 100 kilowatts (kW) $100.00 Fee With Permit
- 101 - kilowatts (kW) $200.00 Fee With Permit
(2) Any SES that construction has started before a building permit has been applied and paid for will be charged double the permit fee.
(C) Set back requirements.
(1) Set back requirements for all solar energy systems (SES) shall meet the structure minimum set back requirements when the SES is oriented at any and all positions.
(2) No solar energy system shall be allowed to be placed in the front yard of any residentially used or zoned property and such systems shall be subject to a five foot rear yard setback and an 18 inch side yard setback. Such ground mounted systems shall not exceed 12 feet in height.
(3) Roof mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted.
(4) In any manufacturing districts or agricultural districts:
(a) Ground mounted solar systems over ten kilowatts shall be subject to a minimum 15 foot set back line measured from the edge of the solar panels.
(b) Solar farms, and/or solar gardens shall be subject to a 250 foot setback from any properties having a residential zoning or residential use.
(D) Height requirements.
(1) Building or roof mounted solar energy systems shall not exceed the maximum allowed height in any zoning district, of the city of zoning ordinance, except that roof mounted solar energy systems installed in residential zones and business district zones shall not exceed four feet above a flat roof and shall not exceed two feet above a sloped roof. For the purposes of this section, a flat roof shall be one that is sloped five degrees or less and a sloped roof shall be one that is sloped more than five degrees.
(2) In business, agricultural and manufacturing districts roof mounted SES may not exceed six feet above the peak or highest point of the roof.
(E) Other requirements.
(1) Upon request from the city building inspector, an owner of a commercial solar energy system must provide documentation, within 30 days, that the solar energy system is still in use. If it is not, the owner of the system will have 180 days, after notification from the Zoning Department, to remove.
(2) Upon request from the city building inspector, the owner or operator of a solar farm or a solar garden must submit, within 14 days, a current operation and maintenance report to the Department.
(3) For any ground mounted solar system in excess of ten kilowatt, a six foot security fence with lockable gate(s) shall be installed around the entire perimeter, otherwise, no fencing is required. Any fence shall contain appropriate warning signage that is posted such that is clearly visible on the site.
(4) Any lighting for solar farms/gardens shall be installed for security and safety purposes only. Except for lighting that is required by the FCC or FAA, all lighting shall be shielded so that no glare extends substantially beyond the boundaries of the facility.
(5) Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties.
(6) Electric solar energy system components must have a UL listing and must be designed with anti-reflective coating(s).
(7) Solar energy systems must be in compliance with all State of Illinois Building, Electric, Plumbing and Energy Codes.
(8) Pollinator plants customarily utilized in the region shall be planted and properly maintained in all areas where practicable for the installation of solar gardens and solar farms.
(F) Design standards. Active solar energy systems shall be designed to conform to the county comprehensive plan and to blend into the architecture of the building or may be required to be screened from routine view from public right-of-ways other than alleys. Screening may be required to the extent it does not affect the operation of the system. The color of the solar collector is not required to be consistent with other roofing materials.
(1) Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
(2) Solar energy systems with mounting devices. Solar energy systems using roof mounting devices or ground-mount solar energy systems shall not be restricted if the system is not visible from the closest edge of any public right-of-way or immediately adjacent to a residential structure.
(3) Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, reducing use of the reflector system, or other remedies that limit glare.
(4) Aviation protection. For solar units located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports.
(G) Obligated airports, or most recent version adopted by the FAA.
(1) Coverage. Roof or building mounted solar energy systems, excluding building-integrated systems, shall allow for adequate roof access for fire-fighting purposes to the south-facing or flat roof upon which the panels are mounted. Ground-mount private solar energy systems shall be exempt from impervious surface calculations if the soil under the collector is not compacted and maintained in vegetation. Foundations, gravel, or compacted soils are considered impervious.
(2) Plan approval required. All solar energy systems shall require administrative plan approval by the city building inspector via the review of the application for a building permit.
(a) Plan applications. Plan applications for solar energy systems shall be accompanied by horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.
1. Pitched roof mounted solar energy systems. For all roof-mounted systems other than a flat roof the elevation must show the highest finished slope of the solar collector and the slope of the finished roof surface on which it is mounted.
2. Flat roof mounted solar energy systems. For flat roof applications a drawing shall be submitted showing the distance to the roof edge and any parapets on the building and shall identify the height of the building on the street frontage side, the shortest distance of the system from the street frontage edge of the building, and the highest finished height of the solar collector above the finished surface of the roof.
(b) Plan approvals. Applications that meet the design requirements of this section, and do not require an administrative variance, shall be granted administrative approval by the Director of Community Development and shall not require Planning and Zoning Committee review. Plan approval does not indicate compliance with Building Code or Electric Code.
(H) Approved solar components. Electric solar energy system components must have a UL listing or approved equivalent and solar hot water systems must have an SRCC rating.
(I) Compliance with Building Code. All active solar energy systems shall meet approval of county building code officials, consistent with the State of Illinois Building Code and solar thermal system shall comply with HVAC-related requirements of the Energy Code. Any county adopted building codes will apply and take precedence where applicable.
(J) Compliance with State Electric Code. All photovoltaic systems shall comply with the Illinois State Electric Code.
(K) Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Illinois State Plumbing Code requirements.
(L) Compliance with State Energy Code. All photovoltaic systems and solar thermal systems shall comply with the Illinois State Energy Code.
(M) Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
(N) Principal uses. Ford County encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mounted solar energy systems that are the principal use on the zoning lot or lots are special uses in selected districts.
(O) Rooftop gardens permitted. Rooftop community systems are permitted in all zoning districts where buildings are permitted.
(P) Ground-mount gardens. Ground-mount community solar energy gardens must be less than 20 acres in total size. Ground-mount solar developments covering more than 20 acres shall be considered solar farms.
(Q) Stormwater solar gardens are subject to the city's stormwater management regulations, erosion and sediment control provisions.
(R) Interconnection. An interconnection agreement must be completed with the electric utility in whose service territory the system is located prior to construction.
(S) Aviation protection. For solar gardens located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(T) Other standards.
(1) Ground-mount systems must comply with all required standards for structures in the district in which the system is located. All solar gardens shall also be in compliance with all applicable local, state and federal regulatory codes, including the State of Illinois Uniform Building Code, as amended; and the National Electric Code, as amended. Also, Health Department requirements for wells and septic systems must be met.
(2) For solar farms. Ground-mount solar energy systems that are the primary use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted under the following standards:
(a) Special use permit. Solar farms are special uses in the agricultural district.
(b) Stormwater. Solar farms are subject to the city's stormwater management regulations, erosion and sediment control provisions.
(c) Ground cover and buffer areas. Top soils shall not be removed during development, unless part of a remediation effort. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage run off and build soil. The city has a noxious weed ordinance which is to be followed subject to the allowance of the planting of pollinator plants as otherwise provided under this section. Due to potential liability under the Illinois Endangered Species Protection Act (520 ILCS 10/11(b)) it is required that any crops planted be in compliance with all federal and state laws protecting endangered species. This will also include pollinators such as bees.
(d) Foundations. A qualified engineer shall certify that the foundation and design of the solar panels racking and support is within accepted professional standards, given local soil and climate conditions.
(e) Other standards and codes. All solar farms shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Illinois Uniform Building Code, as amended; and the National Electric Code, as amended.
(f) Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the City Superintendent in consultation with the Mayor.
In addition, the Illinois Department of Agriculture (IDOA) has established standards and policies in the Agricultural Impact Mitigation Agreements (AIMA) regarding the construction or burial of electric transmission lines which should be agreed to and adhered to between the landowner and the developer.
(g) Site plan required. A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, farm tile, electric equipment, fencing, and screening materials and all other characteristics requested by the city. The site plan should also show all zoning districts, and overlay districts. The city will retain the authority to suspend any requirement for any studies or plans for purposes of permit approval so long as such studies and/or plans are completed and approved by time of construction.
(h) Aviation protection. For approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the airport traffic control tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(U) Liability insurance and indemnification.
(1) For solar farms and solar gardens, commencing with the issuance of building permits, the applicant, owner, or operator shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $3,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance may be provided pursuant to a plan of self-insurance, by a party with a net worth of $20,000,000 or more. The city shall be named as an individual insured on the policy to the extent the city is entitled to indemnification.
(2) For private/individual SES(s), commencing with the issuance of building permits, the applicant or owner shall maintain a current liability policy covering bodily injuries and any damage that may occur, on their home owner's policy or other applicable policy as approved by the Director of Community Development.
(3) Any SES(s), applicant, owner, or operator, whether individual or commercial, shall defend, indemnify, and hold harmless the county and its officials, employees, and agents (collectively and individually, the "Indemnified Parties") from and against any and all claims, demands, losses, suits, causes of actions, damages, injuries, costs, expenses, and liabilities whatsoever, including reasonable attorney's fees, except to the extent arising in whole or part out of negligence or intentional acts of such indemnified parties (such liabilities together known as "liability") arising out of applicant, owner, or operators selection, construction, operation, and removal of the SES(S) and affiliated equipment including, without limitation, liability for property damage or personal injury (including death), whether said liability is premised on contract or on tort (including without limitation strict liability or negligence). This general indemnification shall not be construed as limited or qualifying the county's other indemnification rights available under the law.
(V) Decommissioning.
(1) A decommissioning plan shall be required to be submitted when applying for all solar farms and solar gardens, to ensure that facilities are properly removed after their useful life.
(2) Decommissioning of solar panels must occur in the event they are not in use for 180 consecutive days.
(3) The owner or operator will have six months to complete the decommissioning plan after operation of a solar farm or solar garden stops operations.
(4) The decommissioning plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site.
(5) The city may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure the proper decommissioning. The posting of a bond may be required prior to the issuance of a building permit for the facility.
(6) In the event that the State of Illinois enacts a law with regards to the decommissioning of a solar farm, the strictest requirements shall prevail.
(7) Failure by an owner or operator to comply with this section shall entitle the city to issue a notice of noncompliance giving the owner or operator 45 days from date of issuance to comply with this section prior to the city taking further action. Such notice shall be deemed effective when mailed by first class mail to the billing address for real estate taxes or the last known business address of the owner or operator and when posted at an entryway of the premises. Failure by the city to properly and/or timely issue such notice shall not limit the city's ability to enforce this section and shall not release the owner or operator from its obligation to comply with this section.
(Ord. 19-O-18, passed 10-8-19)