(A) General requirements. The requirements set forth in this section shall govern the construction and/or installation of all renewable energy systems governed by this chapter.
(1) Applicability. The provisions of this section are intended to establish parameters by which solar energy systems may be installed in the village. Wind energy systems and solar farm energy systems are not permitted. Additional renewable energy installations not addressed explicitly herein may be authorized, subject to compliance with the applicable building codes and standards of the village.
(2) Use. Except as authorized by the Board of Trustees for public utility purposes, a renewable energy system shall be accessory to the principal permitted use of a site.
(3) Approvals. Approval granted to an individual property owner for a renewable energy system under the provisions of this section shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping or other accessory improvements, even if such improvements may diminish the function of said renewable energy system.
(4) Permitting and installation.
(a) A village building permit is required prior to the installation of any renewable energy system.
(b) Before a building permit is issued, the following shall be submitted to the village for review:
1. A site plan showing:
a. Name, address and phone number of the property owner;
b. Property lines;
c. All structures;
d. Septic field;
e. Setback lines;
f. Location of all solar panels and associated equipment; and
g. Location of the electrical disconnect for the solar energy system.
2. Evidence that the local electric utility has been informed of the customer’s intent to install a customer-owned solar energy system;
3. Evidence that the site plan has been submitted to the local fire protection district; and
4. Evidence that proper warning signage has been located to inform utilities of solar panels that are present on site.
(c) The owner of a renewable energy system shall ensure that it is installed and maintained in compliance with applicable building and safety codes adopted by the village and any other state or federal agency of applicable jurisdiction.
(d) All wiring associated with a renewable energy system shall be underground or contained within a raceway that complements the building materials of the principal structure.
(5) Interconnection with public utilities - electric.
(a) Energy produced by a renewable energy system shall be utilized on site, except for net metering as authorized by the village and other applicable regulatory agencies required by law.
(b) The interconnection of any renewable energy system to the electric distribution grid shall be in accordance with applicable regulatory agencies required by law.
(6) Illumination of a renewable energy system. Illumination of a renewable energy system shall be prohibited.
(7) Signage. No signage or attention-getting device is permitted on any renewable energy system.
(8) Screening. There shall be no required physical screening for renewable energy systems installed on roofs.
(9) Screening. There shall be required physical screening for renewable energy systems installed on grade. Screening shall comply with privacy fence regulations in § 156.038.
(B) Solar energy systems.
(1) Authorization of use.
(a) Building-integrated, building-mounted and ground-mounted solar energy systems may be authorized administratively in all zoning districts in accordance with the requirements of this chapter and subject to approval by the village or it designees.
(2) Height.
(a) Building-mounted solar energy system. A building-mounted solar energy system may not extend above the peak roof height of the building to which the solar energy systems is affixed.
(b) Ground-mounted solar energy system. The maximum height of a ground-mounted solar energy system shall be six feet as measured from the average grade at the base of the pole to the highest edge of the system.
(3) Location.
(a) Ground-mounted solar energy systems shall not be located within the required front yard or corner side yard or in any utility, water, sewer or other type of public easement.
(b) All parts of any ground-mounted solar energy system shall be set back at least ten feet from the interior side and rear property lines.
(c) Ground-mounted solar energy systems shall not exceed 20% of the required rear or backyard.
(C) Maintenance and removal of renewable energy systems.
(1) Renewable energy systems must be maintained in good repair and operable condition at all times, including compliance with all standards in applicable building and technical codes to ensure structural and technical integrity of such facilities, except for maintenance and repair outages. If a system becomes inoperable or damaged, operations must cease and be promptly remedied.
(2) If the village determines that a renewable energy system fails to comply with the applicable provisions of this chapter, the village shall provide written notification to the property owner. The property owner shall have a period of 90 days from the date of notification to either restore the renewable energy system to operation or remove the system.
(3) In the event such renewable energy system is not brought into compliance with this chapter within the specified time period, the village may remove or cause the removal of said facility at the property owner’s expense.
(4) The village may pursue any and all available legal remedies to ensure that a renewable energy system which fails to comply with this chapter.
(5) Any delay by the village in taking enforcement action against the owner of a renewable energy system and the owner of the property if such owner is different from the owner of such facility, shall not waive the village’s right to take any action at a later time.
(6) The village may seek to have the renewable energy system removed regardless of the owner’s or operator’s intent for said facility, and regardless of any permits that may have been issued or granted.
(7) After the renewable energy system is removed, the owner of the subject property shall promptly restore the subject property to a condition consistent with the property’s condition prior to the installation of the system. Installation shall comply subject to current codes.
(D) Severability. If any section, division, sentence, clause, phrase or portion of this section is held invalid or unconstitutional for any reason by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such judgment shall not affect the validity of the remaining portions hereof.
(E) Conflicts resolved. This section supersedes all chapters or parts of ordinances adopted prior hereto which are in conflict herewith, to the extent of such conflict.
(Ord. 18-19, passed 6-11-2018)