(A) General provisions. It is the purpose of this section to regulate the siting and installation of solar energy equipment. The promotion of safe, effective, and efficient use of solar energy equipment will be balanced against the need to preserve and protect public health and safety.
(B) Types of solar energy systems.
(1) Solar private. Solar private is a permitted accessory use in any zoning district and must abide by the bulk regulations, density, and dimensional standards of the underlying zoning district in which it is located. See requirements set for in § 154.039.
(2) Commercial solar energy facility. A commercial solar energy facility is permitted as a special use in the Agricultural, Suburban Estates, and Industrial Zoning Districts and shall meet the requirements set forth in division (D) below.
(C) Special use permit application requirements for a commercial solar energy facility.
(1) An approved site plan with existing and proposed conditions.
(2) A report that indicates that the project will operate in compliance with sound limitations established by the State Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
(3) An ECOCAT report from the State Department of Natural Resources which includes the results and recommendations of their examination and a plan for executing any and all recommendations, including a plan demonstrating the avoidance of protected lands as identified by the State Department of Natural Resources and the State Preserve Commission and compliance with recommend setbacks from protected lands recommended by the State Department of Natural Resources, including areas identified by the State Nature Preserve Commission.
(4) The results of the United States Fish and Wildlife Service’s information for planning and consulting environmental review or a comparable successor tool that is consistent with the U.S. Fish and Wildlife Service’s Land-based Wind Energy Guidelines and any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review.
(5) An executed agricultural impact mitigation agreement (AIMA) with the State Department of Agriculture.
(6) Evidence of consultation with the State Historic Preservation Office and an assessment of potential impacts on state-registered historic sites under the State Agency Historic Resource Preservation Act.
(7) (a) A plan for the decommissioning of the facility when it becomes obsolete shall accompany the application. This plan shall be in compliance with the standards and requirements set forth in the State Department of Agriculture’s standard solar farm agricultural impact mitigation agreement (AIMA), version 8.19.19 or its successor and identical to the facilities in the AIMA executed with the State Department of Agriculture.
(b) A bond in the amount identified in the decommissioning plan minus the salvage value shall be filed with the County Zoning and Building Safety Department showing the county as the beneficiary prior to the issuance of a building permit for the project. This bond shall be updated at intervals as prescribed in the AIMA
(8) Proof of compliance with all federal, state, and other applicable requirements.
(9) All commercial solar energy facility applications shall be accompanied by a preliminary map and plan showing the roads and rights-of-way that will be utilized by the commercial solar energy facility. Prior to the issuance of the special use building permit, the solar applicant shall submit an executed agreement between the commercial solar energy facility owner/operator and all road district authorities with infrastructure affected by the commercial solar energy facility to the county.
(10) It is the responsibility of the solar applicant to coordinate with the local fire protection district. The solar applicant shall submit with the application an approval letter from the local fire protection district.
(D) Development standards for a commercial solar energy facility.
(1) Height. No component of a solar panel may have a height of more than 20 feet above ground when the solar energy facility’s array at full tilt. These requirements may be waived subject to written consent of the owner of each affected non-participating property.
(2) Setbacks. All setback distances for commercial solar energy facility shall be measured from the nearest edge of any component of the facility. The following setback requirements may be waived subject to the written consent of the owner of each affected non-participating property. Setbacks to not apply to fencing.
(a) Commercial solar energy facilities shall be setback a minimum distance of 150 feet from the nearest point on the outside wall of the structure of an occupied community building or a dwelling on non-participating property.
(b) Commercial solar energy facilities shall have a zero setback from the boundary line of participating property.
(c) Commercial solar energy facilities shall have a 50-foot setback from the nearest edge of a public road right-of-way.
(d) A commercial solar energy facilities shall be setback a minimum of 50 feet from the nearest point on the property line of any non-participating property.
(3) Fencing. A commercial solar energy facilities entire perimeter shall be enclosed by a fence constructed of a type suitable for security purposes. The fence must be a minimum of six feet high but no more than 25 feet in height.
(4) Screening. Vegetative screening provided along the outside perimeter of the fence at a suitable height and density to minimize the view of the facility from non-participating residential properties and public rights-of-way may be added as a condition of the special use. Earthen berms or similar structures shall not be required.
(5) Lighting. Lighting shall be installed for security and safety purposes only. Except with respect to lighting required by the FCC or FAA, all lighting shall be shielded so that no glare extends substantially beyond the boundaries of the property upon which the solar farm is located and meets the §§ 154.570 through 154.575.
(6) Stormwater management. The project shall meet all requirements of the Chapter 152 of this code of ordinances. A grading and drainage permit shall be obtained prior to any grading activities.
(7) Ground cover. Vegetative ground cover must be established on all commercial solar energy facilities. A plan that is consistent with the goals of the Pollinator-Friendly Solar Site Act and a vegetation management plan shall be required to accompany an application for a special use permit for the establishment of a commercial solar energy facility. The vegetation management plan must be consistent with the guidelines developed by the State Department of Natural Resources for these types of plans which must include both short-term and long-term property management practices that provide and maintain native and non-native invasive naturalized perennial vegetation to protect the health and wellbeing of pollinators. Alternative ground cover allowing for the use of the land under or adjacent to the panels to be used for agriculture may be permitted.
(8) Drainage systems. Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial solar energy facility is authorized by the state to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage districts, culverts, and water gathering vaults, owned or under the control of a drainage district under the State Drainage Code without obtaining prior agreement or approval from the drainage district. The facility owner shall repair or pay for the repair of all damage to the drainage system caused by the construction of the commercial solar energy facility within a reasonable time after construction of the commercial solar energy facility is complete.
(9) Utility notification. Unless the solar applicant is a public utility, no building permit to construct a solar farm shall be issued until evidence has been provided to the Office of Zoning and Building Safety that the solar applicant has entered into an off take agreement or has registered with the regional transmission operator to sell power on a merchant basis.
(10) Materials handling, storage, and disposal.
(a) All solid wastes related to the construction, operation, and maintenance of the solar farm shall be removed from the site promptly and disposed of in accordance with all federal, state, and local laws.
(b) All hazardous materials related to the construction, operation, and maintenance of the solar farm shall be handled, stored, transported, and disposed of in accordance with all applicable local, state, and federal laws.
(11) Points of contact. The commercial solar energy facility owner/operator shall maintain with the County Office of Zoning and Building Safety and Sheriff's Department a primary and two secondary points of contact. Any changes shall be reported immediately or as soon as possible.
(12) Warnings.
(a) A reasonable visible warning sign concerning voltage must be placed at the base of all padmounted transformers and substations.
(b) Visible, reflective, colored objects, such as flags, plastic sleeves, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 15 feet from the ground.
(13) Compliance with additional regulations. Nothing in this subchapter is intended to preempt other applicable state and federal laws and regulations.
(14) Liability insurance and indemnification.
(a) Commencing with the issuance of a commercial solar energy facility building permit, the solar applicant shall maintain a current general comprehensive liability policy and automobile liability coverage covering bodily injury, death, and illness, and property damage with limits of at least $5,000,000 per occurrence and in the aggregate; and, shall further maintain the above-stated lines of insurance from delivery of the notice to proceed by the solar applicant for the commercial solar energy facility, in coverage amounts of at least $5,000,000 per occurrence and $20,000,000 in the aggregate during the life of the commercial solar energy facility. The solar applicant shall file the original certificate of insurance upon commencement of project construction prior to the issuance of a commercial solar energy facility building permit, corresponding policies, and endorsements to be provided within 60 days of issuance, and at each subsequent renewal, at least annually thereafter.
(b) The solar applicant shall defend, indemnify, and hold harmless the county and its officers, appointed and elected officials, employees, attorneys, engineers and agents (collectively and individually, the indemnified parties) from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever, including reasonable attorney’s fees relating to or arising out of the issuance of the special use permit or the construction, operation, maintenance, and removal of the commercial solar energy facility including, without limitation, liability for property damage or personal injury (including death or illness), whether said liability is premised on contract or on tort (including, without limitation, strict liability or negligence) or any acts or omissions of the solar applicant, the owner or the operator under this subchapter or the special use permit, except to the extent any such claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses, and liabilities arise from the negligence or intentional acts of such indemnified parties. This general indemnification shall not be construed as limiting or qualifying the county’s other indemnification rights available under the law.
(15) Remedies. The solar applicant’s failure to materially comply with any of the provisions under the special use permit, any conditions imposed on the project, and/or failure to comply with any law or regulation shall be a default and shall be grounds for revocation of the special use permit by the County Board.
(Ord. passed 5-16-2023)