For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY. As applied to a building, structure, or use, one which is on the same lot with, incidental to and subordinate to the main or principal structure or use and which is used for purposes customarily incidental to the main or principal structure, or the main or principal use.
AGRICULTURAL IMPACT MITIGATION AGREEMENT. The agreement between the facility owner and the Illinois Mitigation Agreement Department of Agriculture (IDOA) described herein.
BUILDING INTEGRATED PHOTOVOLTAIC SYSTEMS. A solar energy system that consists of integrating photovoltaic modules into the building structure as the roof or façade and which does not alter the relief of the roof.
COLLECTIVE SOLAR. Solar installations owned collectively through subdivision homeowner associations, college student groups or other similar arrangements.
COMMERCIAL OPERATION DATE. The calendar date of which the facility owner notifies the landowner, county, and IDOA in writing that commercial operation of the facility has commenced. If the facility owner fails to provide such notifications, the commercial operation date shall be the execution date of this AIMA plus six months.
COMMERCIAL SOLAR ENERGY FACILITY (FACILITY). A solar energy conversion facility equal to or greater than 500 energy facility (facility) kilowatts in total nameplate capacity, including a solar energy conversion facility seeking an extension of a permit to construct granted by a county or municipality before June 29, 2018. COMMERCIAL SOLAR ENERGY FACILITY does not include a solar energy conversion facility:
(1) For which a permit to construct has been issued before June 29, 2018;
(2) That is located on land owned by the commercial solar energy facility owner;
(3) That was constructed before June 29, 2018; or
(4) That is located on the customer side of the customer's electric meter and is primarily used to offset that customer's electricity load and is limited in nameplate capacity to less than or equal to 2,000 kilowatts.
COMMERCIAL SOLAR ENERGY FACILITY OWNER (FACILITY OWNER). A person or entity
that owns a commercial solar energy facility. A commercial solar energy facility owner is not nor shall it be deemed to be a public utility as defined in the Public Utilities Act.
COMMUNITY SOLAR GARDEN. A community solar-electric (photovoltaic) array, that provides retail electric power (or 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 community solar system may be either an accessory or principal use.
DECOMMISSIONING/DECONSTRUCTION. The removal of a facility from the property of a landowner and the restoration of that property as provided in the AIMA.
DECOMMISSIONING PLAN. A plan prepared by a professional engineer, at the facility's expense, that includes:
(1) The estimated deconstruction cost, in current dollars at the time of filing a building permit, for the facility, considering among other things:
(a) The number of solar panels, racking, and related facilities involved;
(b) The original construction costs of the facility;
(c) the size and capacity, in megawatts of the facility;
(d) the salvage value of the facilities (if all interests in salvage value are subordinate to that of the financial assurance holder if abandonment occurs);
(e) The construction method and techniques for the facility and for other similar facilities.
(2) A comprehensive detailed description of how the facility owner plans to pay for the deconstruction of the facility.
FACILITY OWNER. (i) A person with a direct ownership interest in a commercial solar energy facility, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility; and (ii) at the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility.
FINANCIAL ASSURANCE. A reclamation bond or other commercial available financial assurance that is acceptable to the county, with the county as primary beneficiary and the landowners as secondary beneficiaries.
GROUND MOUNT SOLAR ENERGY SYSTEM. A solar energy system that is directly installed into the ground and is not attached or affixed to an existing structure.
NET METERING. A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.
NONPARTICIPATING PROPERTY. Real property that is not a participating property.
NONPARTICIPATING RESIDENCE. A residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial solar energy facility is filed with the county.
OCCUPIED COMMUNITY BUILDING. Any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center.
PARTICIPATING RESIDENCE. A residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Protected lands" means real property that is:
(1) Subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; or
(2) Registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
PHOTOVOLTAIC SYSTEM. A solar energy system that produces electricity by the use of semiconductor devices calls photovoltaic cells that generate electricity whenever light strikes them.
PRIME FARMLAND. Agricultural land comprised of soils that are defined by the USDA Natural Resources Conservation Services (NRCS) as being "prime" soils (generally considered the most productive soils with the least input of nutrients and management).
PROFESSIONAL ENGINEER. An engineer licensed to practice engineering in the State of Illinois, and who is determined to be qualified to perform the work described herein by mutual agreement of the county and the "facility owner."
PROTECTED LANDS. Real property that is subject to a permanent conservation right consistent with the Real Property Conservation Rights Act; or registered or designated as a nature preserve, buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
QUALIFIED SOLAR INSTALLER. A trained and qualified electrical professional who has the skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved.
ROOF MOUNT. A solar energy system in which solar panels are mounted on top of a building roof as either a flush mounted system or as modules fixed to frames which can be tilted toward the south at an optical angle.
SOIL AND WATER CONSERVATION DISTRICT (SWCD). A local unit of government that provides technical and financial assistance to eligible landowners for the conservation of soil and water resources.
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. A device, structure or part of a device or structure for which the primary purpose is to 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). 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. The term applies, but is not limited to, solar photovoltaic systems, solar thermal systems and solar hot water systems.
SOLAR STORAGE BATTERY/UNIT. A component of a solar energy device that is used to store solar generated electricity or heat for later use.
SOLAR THERMAL SYSTEMS. Solar thermal systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water.
SUPPORTING FACILITIES. The transmission lines, substations, access roads, storage containers, and equipment associated with the generation and storage of electricity by the commercial solar energy facility.
USEFUL LIFE. A "facility" will be presumed to have no remaining "useful life" if: no electricity is generated for a period of 12 months and the facility owner is not undertaking reasonable efforts to repair or decommission the facility or the "facility owner" fails, for a period of 16 consecutive months, to pay the landowner amounts owed in accordance with the underlying agreement.
(Ord. LU-17-03, passed 5-31-2017; Res. LU-18-05, passed 4-25-2018; Res. LU-18-17, passed 10-31-2018; Res. LU-23-10, passed 5-31-2023)