11-4-21: SOLAR ENERGY SYSTEMS:
   A.   Level 1 solar energy system shall be a permitted accessory use as indicated in the table in section 11-4-7 of this chapter subject to the following provisions:
      1.   Ground Mounted Level 1 Solar Energy System:
         a.   Permitted Use: Ground mounted level 1 solar energy systems shall be permitted as an accessory structure in all zoning districts.
         b.   Setbacks: A ground mounted level 1 solar energy system with monopole support structure shall be set back at least 1.1 times its total height from the interior and rear property line of the zoning lot on which it is located. A ground mounted level 1 solar energy system without monopole support shall be set back at least five feet (5') from the interior and rear property line of the zoning lot on which it is located.
         c.   Maximum Lot Coverage: The surface area of ground mounted solar panel(s) shall be included in the maximum lot coverage allowed on a zoning lot.
         d.   Easement: No ground mounted level 1 solar energy system shall be located within a platted easement.
         e.   Public Utility Lines: A ground mounted level 1 solar energy system shall be set back at least 1.1 times its total height or at least ten feet (10') from overhead utility lines.
         f.   Allowed Yards: No ground mounted level 1 solar energy system shall be located within the front or corner side yard of any zoning lot.
         g.   Total Height: Ground mounted level 1 solar energy system shall be limited to a maximum of ten feet (10') in total height.
         h.   Soil Conditions: A soil analysis may be required as part of the building permit application and inspection process to confirm that the soils meet the minimum bearing capacity assumed by the structural design of the pole(s), support structure, and foundation.
         i.   Wiring: All electrical wires associated with a level 1 solar energy system shall be buried.
      2.   Building Mounted Level 1 Solar Energy System:
         a.   Permitted Use: Building mounted level 1 solar energy system shall be permitted as an accessory use as indicated in the table in section 11-4-7 of this chapter.
         b.   Wiring: All electrical wires associated with a level 1 solar energy system shall be hidden or enclosed in conduit.
         c.   Setbacks: Building mounted level 1 solar energy systems shall be set back a minimum of one foot (1') from all edges of the individual roof plane on which they are mounted.
         d.   Height: Nonflush roof mounted systems shall not extend above the highest point of the roof plane on which they are mounted.
         e.   Area: The solar collector panel surface area may equal the area of the roof plane to which they are attached, less required setbacks of the roof plane upon which the solar collector panels are mounted.
         f.   Mounting Location: No roof mounted system shall be placed on a roof plane adjacent a front yard or corner side yard.
         g.   Building Code: A building mounted level 1 solar energy system shall meet all weight and wind resistance requirements of applicable Building Codes. A building mounted level 1 solar energy system shall not block access required by the Building Code or fire protection district.
      3.   General Requirements For Level I Solar Energy System:
         a.   Building Permit: A level 1 solar energy system requires a valid building permit prior to installation. Permit application shall include the following:
            (1)   Plat of survey or scaled dimensioned drawing of the zoning lot indicating all buildings on the lot and the proposed location of the level 1 solar energy system.
            (2)   If the system is to be building mounted, a scaled, dimensioned building elevation plan depicting the existing conditions and the proposed level 1 solar energy system. If the system is to be ground mounted, a scaled, dimensioned elevation drawing of the system.
            (3)   Detailed installation drawings and specifications for the system. Plans shall be stamped by a NABCEP PV Installation Professional.
            (4)   Proof of certification in compliance with 83 Illinois Administrative Code 468 and proof of certification of electrician installing the system.
            (5)   Proof that notification to the electric power company has been properly completed.
            (6)   UL listing or approved equivalent for all component parts of the level 1 solar energy system.
         b.   Building Standards: Any owner or operator of a level 1 solar energy system shall maintain said system in compliance with the standards contained in the current and applicable State or local Building Codes and any applicable standards for solar energy systems that are published by the International Building Code and National Electrical Code as amended from time to time.
         c.   Compliance: If, upon inspection, the zoning official, concludes that a solar energy system fails to comply with such codes and standards or constitutes a danger to persons or property, the zoning official, shall require immediate repair or removal of the system at the owner’s expense.
         d.   Color: All support structures for small solar energy systems shall be a monochromatic, neutral, and nonreflective color and shall match the color of the material upon which it is being mounted. Multiple solar collector panels shall match each other.
         e.   Style: When more than one solar collector panel is located on a zoning lot, the multiple solar collector panels shall be uniform in style.
         f.   Installation: The level 1 solar energy system shall be installed by a certified installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended and a licensed electrical contractor.
         g.   Illumination: A level 1 solar energy system shall not be artificially illuminated.
         h.   Positioning: A level 1 solar energy system shall not create nuisance glare onto adjacent properties or public rights-of-way. A level 1 solar energy system shall be fixed and non-tracking.
         i.   Quantity: One level 1 solar energy system is permitted per zoning lot; however, the system may include one or more solar collector panels. A ground mounted system and a building mounted system shall not both be installed on a single zoning lot.
         j.   Energy Storage Equipment: All batteries and energy storage systems shall be commercial mechanical equipment, depending on principal use of the building, and shall be regulated as such.
         k.   Solar Easement: The Village does not guarantee access to sunlight for a solar energy system. Owners are encouraged to enter into a legal agreement with neighbors securing such access prior to the application for building permit. The Village shall not be a party to a solar access agreement nor shall the Village deny a building permit based solely on the project’s potential for blocking an adjacent property’s access to sunlight.
         l.   Abandonment And Violations, And Enforcement Of Level 1 Solar Energy System:
            (1)   Abandonment: All abandoned or unused solar energy systems shall be deemed a nuisance after two (2) months of the cessation of operations unless an extension is approved by the Village Board. The Village may act to abate such nuisance and require removal at the property owner’s expense. After the solar energy system is removed, the owner of the property shall restore the site to its original condition or to an approved improved condition within thirty (30) days of removal.
            (2)   Violation: It is unlawful for any person to construct, install or operate a level 1 solar energy system that is not in compliance with this section. It is unlawful for a person to disobey; fail, neglect, or refuse to comply with; or otherwise resist an order issued pursuant to this section. A separate offense is deemed committed on each day that a violation occurs or continues.
            (3)   Enforcement: The zoning official, may enter any property for which a building permit has been issued under this section at any time subsequent to the installation of the level 1 solar energy system with at least twenty four (24) hour notice in order to conduct an inspection to determine whether there is any violation of this section or whether the conditions stated in the permit have been met. The zoning official, may issue a citation for any violation of this section. Nothing in this section may be construed to prevent the Village from using any other lawful means to enforce this section.
         m.   Damaged panels must be replaced within one (1) month of incurring the damage.
         n.   All equipment must be UL certified.
         o.   All conduit, support structures, and any other like components must be painted to match the color of the existing roof and house to which such conduit, support structures, and/or other like components are attached or traverse.
   B.   A solar garden energy system shall meet the following minimum requirements in addition to any special use conditions that the Village Board places on the special use permit.
      1.   Ground Mounted Solar Garden Energy System:
         a.   Security: A ground mounted solar garden energy system shall be enclosed by a self-locking eight foot (8') tall security fence posted with warning signs at all gates. Where this fence abuts properties zoned exclusively for residential uses, the fence shall be a solid wood, metal, or vinyl screening fence.
         b.   Setback: A ground mounted solar garden energy system shall meet the building setback requirements of the zoning district in which the zoning lot is located.
         c.   Screening And Landscaping: Where a solar garden energy system is the principal use of the property, an undulating five foot (5') average height screening berm within the required street setback. The berm shall be planted with landscape materials at the following rate:
               One shade tree per fifty (50) linear feet;
               One evergreen tree per fifty (50) linear feet;
               Three (3) deciduous shrubs per fifty (50) linear feet;
               Three (3) evergreen shrubs per fifty (50) linear feet;
               Three (3) ornamental trees may replace each one shade tree;
               Ornamental grass may replace the deciduous shrubs at a rate approved by the zoning official.
               The site of a ground mounted solar garden energy system which abuts property zoned exclusively for residential uses shall be improved along the transition lot line with landscape materials at the following rate:
               One shade tree per fifty feet (50');
               Three (3) shrubs per fifty feet (50');
               Ornamental grass may replace the shrubs at a rate approved by the zoning official.
               These landscape materials shall be planted between the transition lot line and the solid fence required along this lot line.
         d.   Installation: The solar garden energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.
         e.   Ground Cover: The site of a ground mounted solar garden energy system shall be improved and maintained with a drought tolerant, perennial vegetative ground cover over the entire property including under and around solar arrays. The purpose of this ground cover shall be the prevention of soil erosion and the management of stormwater run-off. Top soil shall not be removed from the property during construction nor during operation of the facility.
         f.   Special Use Permit Required: Whether the solar garden energy system is a principal use of the zoning lot or an accessory use on the zoning lot, a special use permit shall be required. Either type of use shall comply with the special use permit process outlined in section 11-13-12 of this title.
         g.   Panel Design: All panels shall be consistent in design and color. All panels shall be improved with an antireflective coating and shall not create a nuisance glare. All panels shall be maintained at a uniform height.
         h.   Drainage: A stormwater detention and subsurface drainage system shall be maintained during construction and operation of the solar garden energy system. The owner of the facility shall be responsible for repairing any damage to drain tiles and other drainage systems that result from construction, operation or maintenance of the solar garden energy system.
         i.   Electric Lines: All electric lines shall be buried.
         j.   Tree Preservation/Mitigation: The intent of this provision is to mitigate the loss of healthy, mature trees in the Village, by requiring replacement trees:
            (1)   Existing trees, six inches (6") in diameter or greater, as measured at breast height (dbh), shall be preserved, when possible, according to a tree preservation plan prepared by the developer with input from the building and zoning official or designee. The tree preservation plan shall show:
               (A)   Protective fencing planned to be installed around the critical root zone of those trees identified for preservation, on both grading and landscape plans.
               (B)   Trees that will have their roots pruned by a certified arborist, to avoid tearing and other damage during construction.
               (C)   Locations where limestone and other materials that might negatively affect trees planned to be preserved will be stored on the property.
            (2)   Where it is determined that trees six inches (6") dbh or greater must be removed to allow for proposed development, tree replacement will be required:
               (A)   Not less than one (1) 3-inch caliper tree shall be required for each six inches (6") of tree proposed to be removed, as measured at breast height. However, in no instance shall more than three (3) 3-inch caliper replacement trees be required for any tree removed.
               (B)   Unless otherwise determined by Village Board or zoning official, replacement trees shall be required in addition to any other landscaping that may be required by this title, except landscape screening.
               (C)   The number of trees that an individual property can support, according to good forestry practices, shall determine the number of replacement trees that will be required on an individual lot.
      2.   Building Mounted Solar Garden Energy System:
         a.   Setback: A roof mounted solar garden energy system shall be set back a minimum distance of five feet (5') from the edge of the roof.
         b.   Installation: The solar garden energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.
         c.   Special Use Permit Required: The building mounted solar garden energy system is considered a special accessory use. Building mounted solar garden systems shall be approved through the special use permit process outlined in section 11-13-12 of this title.
         d.   Panel Design: Building mounted solar panels shall be fixed and non-tracking. Solar panels shall be improved with an antireflective coating and shall not produce nuisance glare. Solar panels may be installed on the building walls or as architectural features of the building, subject to Village Board approval.
         e.   Wiring: All wiring shall be enclosed in conduit or buried within the building walls unless specifically approved by the Village Board through the special use process.
      3.   General Requirements For Solar Garden Energy System:
         a.   Abandonment: A decommission plan shall be approved by the Village Board through the special use permit process. At the time of building permit, a letter of credit, or other financial surety instrument approved by the Village Board, in the amount of the estimated cost of decommission, as approved by the Village Engineer, shall be submitted to the Village. If the solar garden is abandoned and not properly decommissioned, the Village shall utilize the funds to restore the property to its original or an improved condition.
         b.   Plan Submission: An application for special use for a solar garden energy system shall include the following minimum information:
            (1)   Plat of survey or scaled dimensioned drawing of the zoning lot indicating all buildings existing and proposed and the proposed location of the solar array and point of interconnection to public utility.
            (2)   Management plan describing how subscriptions will be marketed or how energy will be consumed for a private system.
            (3)   Detailed installation drawings and specifications for the system.
            (4)   Proof of certification in compliance with 83 Illinois Administrative Code 468 and proof of certification of electrician installing the system.
            (5)   Proof that notification to the electric power company has been properly completed.
            (6)   Plan for demolition and site restoration at the end of life of the system.
            (7)   Elevation drawing(s), artist rendering(s), or photographic depictions of how the solar garden facility will fit within the existing landscape.
            (8)   Stormwater management plan.
            (9)   Soil and wildlife conservation plan.
            (10)   Foundation and/or racking plan developed by a professional engineer.
            (11)   UL listing or approved equivalent for all component parts of the solar garden energy system.
         c.   Ownership: The Village shall be notified of any change in ownership and/or management of the solar garden energy system.
         d.   Aviation Protection: If a solar garden energy system is located within five hundred feet (500') of an airport or within approach zones of an airport, the applicant shall 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, Federal Aviation Administration (FAA) review of solar energy projects on Federally obligated airports or most recent version adopted by the FAA along with a letter of acceptance of the project design from the FAA.
   C.   Solar farm energy system shall meet the following minimum requirements in addition to any special use conditions that the Village Board places on the special use permit:
      1. Ground Mounted Solar Farm Energy System:
         a.   Security: The solar farm energy system shall be enclosed by a self-locking eight foot (8') security fence posted with warning signs at all gates. Where this fence abuts properties zoned exclusively for residential uses, the fence shall be a solid wood, metal, or vinyl screening fence. An exemption from the solid screening fence requirement may be permitted by the Village Board where the setback established for the solar farm from the transition lot line is at least five hundred feet (500').
         b.   Setback: A ground mounted solar farm energy system shall meet the building setback requirements of the zoning district in which the parcel is located.
         c.   Screening And Landscaping: The site of a ground mounted solar farm energy system shall be improved with an undulating five foot (5') average height screening berm within the required street setback. The berm shall be planted with landscape materials at the following rate:
            One shade tree per fifty (50) linear feet;
            One evergreen tree per fifty (50) linear feet;
            Three (3) deciduous shrubs per fifty (50) linear feet;
            Three (3) evergreen shrubs per fifty (50) linear feet;
            Three (3) ornamental trees may replace each one shade tree;
            Ornamental grass may replace the deciduous shrubs at a rate approved by the zoning official.
            The site of a ground mounted solar farm energy system which abuts property zoned exclusively for residential uses shall be improved along the transition lot line with landscape materials at the following rate:
            One shade tree per fifty feet (50');
            Three (3) shrubs per fifty feet (50');
            Ornamental grass may replace the shrubs at a rate approved by the zoning official.
            These landscape materials shall be planted between the transition lot line and the solid fence required along this lot line.
            An exemption from the requirements of this paragraph may be permitted by the Village Board where the setback established for the solar farm is at least five hundred feet (500') from the street and/or transition lot line.
         d.   Installation: The solar farm energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.
         e.   Ground Cover: The site of a ground mounted solar farm energy system shall be improved and maintained with a drought tolerant, perennial vegetative ground cover over the entire property including under and around solar panels. The purpose of this ground cover shall be the prevention of soil erosion and the management of stormwater run-off. Top soil shall not be removed from the property during construction nor during operation of the facility.
         f.   Special Use Permit Required: A solar farm energy system shall be considered through the special use permit process outlined in section 11-13-12 of this title.
         g.   Panel Design: All panels shall be of consistent design and color. All panels shall be improved with an antireflective coating and shall not create a nuisance glare. All panels shall be maintained at a uniform height.
         h.   Drainage: A stormwater detention and subsurface drainage system shall be maintained during construction and operation of the solar farm energy system. The owner of the facility shall be responsible for repairing any damage to drain tiles and other drainage systems that result from construction, operation, or maintenance of the solar farm energy system.
         i.   Electric Lines: All electric lines shall be buried.
         j.   Tree Preservation/Mitigation: The intent of this provision is to mitigate the loss of healthy, mature trees in the Village, by requiring replacement trees:
            (1)   Existing trees, six inches (6") in diameter or greater, as measured at breast height (dbh), shall be preserved, when possible, according to a tree preservation plan prepared by the developer with input from the building and zoning official or designee. The tree preservation plan shall show:
               (A)   Protective fencing planned to be installed around the critical root zone of those trees identified for preservation, on both grading and landscape plans.
               (B)   Trees that will have their roots pruned by a certified arborist, to avoid tearing and other damage during construction.
               (C)   Locations where limestone and other materials that might negatively affect trees planned to be preserved will be stored on the property.
            (2)   Where it is determined that trees six inches (6") dbh or greater must be removed to allow for proposed development, tree replacement will be required:
               (A)   Not less than one (1) 3-inch caliper tree shall be required for each six inches (6") of tree proposed to be removed, as measured at breast height. However, in no instance shall more than three (3) 3-inch caliper replacement trees be required for any tree removed.
               (B)   Unless otherwise determined by Village Board or zoning official, replacement trees shall be required in addition to any other landscaping that may be required by this title, except landscape screening.
               (C)   The number of trees that an individual property can support, according to good forestry practices, shall determine the number of replacement trees that will be required on an individual lot.
      2.   Building Mounted Solar Farm Energy System:
         a.   Setback: A roof mounted solar farm energy system shall be set back a minimum distance of five feet (5') from the edge of the roof.
         b.   Installation: The solar farm energy system shall be installed by a certified installer, an installer who meets the requirements set forth in 83 Illinois Administrative Code 468 as amended, and a licensed electrical contractor.
         c.   Special Use Permit Required: A building mounted solar farm energy system is considered a special accessory use. Building mounted solar farm systems shall be considered through the special use permit process outlined in section 11-13-12 of this title.
         d.   Panel Design: Building mounted solar panels shall be fixed and non-tracking. Solar panels may be installed on the building walls or as architectural features of the building, subject to Village Board approval. Panels shall be improved with an antireflective coating and shall not create a nuisance glare.
         e.   Wiring: All wiring shall be enclosed in conduit or buried in the building walls unless specifically approved by the Village Board through the special use process.
      3.   General Requirements For Solar Farm Energy System:
         a.   Abandonment: A decommission plan shall be approved by the Village Board during the special use permit process. At the time of building permit, a letter of credit, or other financial surety instrument approved by the Village Board, in the amount of the estimated cost of decommission, as approved by the Village Engineer, shall be submitted to the Village. If the solar farm is abandoned and not properly decommissioned, the Village shall utilize the funds to restore the property to its original or an improved condition.
         b.   Plan Submission: An application for special use for a solar farm energy system shall include the following minimum information:
            (1)   Plat of survey or scaled dimensioned drawing of the zoning lot indicating all buildings existing and proposed and the proposed location of the solar array and electric distribution lines.
            (2)   Management plan describing how subscriptions will be marketed or how energy will be consumed for a private system.
            (3)   Detailed installation drawings and specifications for the system.
            (4)   Proof of certification in compliance with 83 Illinois Administrative Code 468 and proof of certification of electrician installing the system.
            (5)   Proof that notification to the electric power company has been properly completed.
            (6)   Plan for demolition and site restoration at the end of life of the system.
            (7)   Elevation drawing(s), artist rendering(s), or photographic depictions of how the solar farm system will fit within the existing landscape.
            (8)   Stormwater management plan.
            (9)   Soil and wildlife conservation plan.
            (10)   Foundation and/or racking plan developed by a professional engineer.
            (11)   UL listing or approved equivalent for all component parts of the solar garden energy system.
         c.   Ownership: The Village shall be notified of any change in ownership and/or management of the solar farm energy system.
         d.   Aviation Protection: If a solar farm energy system is located within five hundred feet (500') of an airport or within approach zones of an airport, the applicant shall 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, Federal Aviation Administration (FAA) review of solar energy projects on Federally obligated airports or most recent version adopted by the FAA along with a letter of acceptance of the project design from the FAA. (Ord. 2018-03-20C, 3-20-2018; amd. Ord. 2018-07-24E, 7-24-2018; Ord. 2020-1215A,12-15-2020; Ord. 2023-0502A, 5-2-2023)