Commercial solar energy facilities may be approved as a special use (see § 155-16.40) in the A-1 zoning district and I-1, I-2, and I-3 Industrial zoning districts and are subject to compliance with the following regulations. (See § 155-10.10(F), Accessory solar energy systems for any solar energy system not applicable to commercial solar energy facilities.)
(A) Definitions.
(1) The terms SUBJECT PROPERTY and/or SUBJECT PARCEL as used herein shall mean and include all parcels. Whether contiguous or noncontiguous, which are identified on the preliminary site plan for the use of the commercial solar energy facility.
(2) SOLAR ENERGY SYSTEMS shall mean solar arrays or solar panels including mounting structures and inverters.
(B) Height. Buildings are subject to the height limits of the subject zoning district. Ground-mounted solar energy systems may not exceed 20 feet in height when oriented at maximum tilt unless waived by written consent by each affected non-participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e).
(C) Setbacks.
(1) Buildings are subject to the setback regulations of the subject zoning district.
(2) Solar energy systems, excluding fences, are subject to the following setbacks:
(a) At least 50 feet from the nearest edge of public right-of-way unless waived by written consent by each affected non-participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e);
(b) At least 50 feet from adjacent properties not included in the subject property as depicted in the site plan unless waived by written consent by each affected non-participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e);
(c) At least 150 feet from the nearest point of the outside wall of a dwelling unit or occupied community building on any property not part of the subject property unless waived by written consent by each affected property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e);
(d) District requirements apply to existing structuresof the subject property, including homes, barns, sheds, or outbuildings;
(e) Zero feet for side and rear yards on all properties that are adjacent and within the subject property.
(D) Glare. Solar energy systems must be designed, constructed and sited to minimize glare or reflections on adjacent properties and roadways and to not interfere with traffic, including air traffic, or otherwise create a safety hazard.
(E) Soil and ground cover.
(1) Topsoils shall not be removed from the site during development unless the removal is expressly approved as part of the special use permit.
(2) Perennial vegetative ground cover must be maintained or established in all areas of the solar energy systems. The seed mix selections for both temporary and long-term mixes shall be determined at the time of the pre-construction meeting as detailed in division (J) of this section.
(3) Perennial vegetative ground cover or farm crops must be maintained or established in required setbacks to prevent erosion and manage run-off.
(4) Stormwater calculations showing a net watershed benefit from the project shall be accepted in lieu of a stormwater management plan. To determine applicability of § 164.020(c)(4), new impervious surfaces shall be analyzed on a parcel-by-parcel basis.
(5) A Preliminary Maintenance Plan shall be approved by the County Board at the time of special use permit approval and shall be implemented during the term of the Special Use Permit. Any revisions to said plan may be approved in writing by the Zoning Administrator or the County Board.
(6) The use of earthen berms may be used by the applicant but are explicitly not required by the county as a condition of any Special Use Permit.
(F) Security barrier. Solar energy systems that are part of a commercial solar energy facility must be enclosed by perimeter security fencing or other county-approved barrier with a minimum height of at least six feet and no more than 25 feet unless waived by written consent by each affected non-participating property owner in accordance with 55 ILCS 5/5-12020 Counties Code Section (e). The use of barbed wire or razor wire that runs along the top of chain linked fences is permitted.
(G) Approved solar components. Electric system components must have a UL (Underwriters Laboratories Inc.), or similar nationally recognized testing laboratory listing.
(H) Lighting. Solar energy systems may not be permanently illuminated, unless required by the FAA or other applicable government agency or authority.
(I) On-site utilities. On-site power lines and utility connections must be placed underground unless otherwise expressly approved as part of the special use permit.
(J) Pre-construction meeting. Prior to submission of a site development and/or building permit application by the facility owner, a pre-construction meeting shall be held. The agencies/individuals invited to attend shall include Will County staff, elected officials, Will County Farm Bureau staff, Will/South Cook Soil & Water Conservation District, and other interested parties as determined by Land Use staff and/or the facility owner.
(K) Conservation Plan. The facility owner shall submit a conservation plan reviewed by the Will/South Cook Soil & Water Conservation District to the County of Will at the time of the site development and/or building permit application. The conservation plan shall address conformance with the Agricultural Impact Mitigation Agreement (AIMA), inspection schedule, soils, plantings/vegetation, drainage, and maintenance, Will/South Cook Soil & Water Conservation District reserves the right to request access to the site to conduct visual inspections and assess the condition of the native planting areas and soil erosion and sediment controls.
(L) Agricultural Impact Mitigation Agreement (AIMA). The facility owner shall execute an Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture. The facility owner shall file a copy of the signed AIMA to the County of Will at the time of the site development and/or building permit application. Financial assurance shall be provided to the county in accordance with the AIMA. Public Act (SB 2591).
(M) Monitoring and maintenance. The owner/operator of the commercial solar energy facility is responsible for keeping the facility in safe, sound and well-maintained condition, including painting, grounds keeping, structural repairs, internal access drives and the integrity of security measures.
(1) The owner/operator shall maintain the areas located within the lease area, not excluding the areas located outside the perimeter fence lines unless excluded in the lease agreement.
(2) Maintenance of grounds keeping shall include mowing, reseeding, and weed management practices. Mowing shall occur a minimum of five times, or once ground cover exceeds 13 inches in height, starting the month of May and ending the month of October.
(N) Avoidance and mitigation of damages to public infrastructure.
(1) Roads. If a facility owner enters into a road use agreement with the Illinois Department of Transportation, a road district, or other unit of local government relating to a commercial solar energy facility, the road use agreement shall require the facility owner to be responsible for:
(a) The reasonable cost of improving roads used by the facility owner to construct the commercial solar energy facility, and
(b) The reasonable cost of repairing roads used by the facility owner during construction of the commercial solar energy facility so that those roads are in a condition that is safe for the driving public after the completion of the facility's construction.
Roadways improved in preparation for and during the construction of the commercial solar energy facility shall be repaired and restored to the improved condition at the reasonable cost of the developer if the roadways have degraded or were damaged as a result of construction-related activities.
The road use agreement shall not require the facility owner to pay costs, fees, or charges for road work that is not specifically and uniquely attributable to the construction of the commercial solar energy facility. Road-related fees, permit fees, or other charges imposed by the Illinois Department of Transportation, a road district, or other unit of local government under a road use agreement with the facility owner shall be reasonably related to the cost of administration of the road use agreement.
(2) Temporary access drives shall not require dedication of any additional right-of-way for the County Highway and this provision shall expressly control over Section 56.081(C)(1)(d) of the Will County Division of Transportation Permit and Access Control Regulations Ordinance ("Access Control Regulation"). Access drives for any permanent improvement associated with the special use shall meet the requirements of the Access Control Regulations.
(3) Existing road conditions. Prior to construction, the owner/operator must conduct a pre-construction survey, in coordination with the applicable highway authority to determine existing road conditions. The owner/operator is responsible for on-going road maintenance and dust-control measures resulting from the construction and installation of the commercial solar energy facility as identified by the applicable road authority during all phases of construction and installation.
(4) Drainage system. Prior to construction, the owner/operator is responsible for identifying the location of all subsurface drainage systems. The owner/operator is responsible for promptly repairing damage to drain tiles and other drainage systems that result from construction, operation, or maintenance of the commercial solar energy facility that negatively impact properties outside the subject property. Repair of subsurface drainage systems shall, at a minimum, be in compliance with the Agricultural Impact Mitigation Agreement (AIMA) as identified in division (Q) of this section.
(Q) Submittal requirements. All applications for special use permit approval must include the following information. The customary submittal requirements for special use permit applications are also detailed below. A commercial solar energy facility may submit one application for the entire subject property. This provision shall expressly control over the application filing requirements contained in § 155-16.40.
(1) Customary submittal requirements.
(a) Completed zoning case application.
(b) Copy of recorded deed(s).
(c) Electronic copy of legal description that is editable.
(d) Plat of survey (to scale) from a professional land surveyor. Survey must include a scale, north arrow and dimensions of the subject parcel.
(e) Affidavit of owner's consent (if applicable).
(f) Disclosure of beneficiaries (if applicable).
(g) Application fee.
(h) Completed Natural Resource Information Report by the Will-South Cook Soil & Water Conservation District.
(i) The results and recommendations from consultation with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool.
(j) FAA Notice of No Flight Hazard and/or application to the FAA for Notice of Criteria Tool.
(k) The results of the United States Fish and Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool.
(l) Evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts if any state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act are present on-site or in the vicinity.
(m) Proof of compliance with noise regulations of the Illinois Pollution Control Board.
(2) Preliminary site plan identifying the following:
(a) Subject property including the property lines, setback lines, and right-of-way lines.
(b) Physical features including but not limited to roads, floodplain(s) (if applicable), wetland(s) (if applicable), existing and proposed building(s), solar panels and equipment (number, location, and spacing of solar panels/arrays), proposed locations of underground or overhead electric lines and utility poles, landscaping, and fencing.
(3) Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.
(4) Letter of Intent with the applicable road authority that acknowledges the proposed project and a preliminary agreement with the road district's requirements. Or certified letter with return receipt requested evidencing a good faith effort to contact the applicable road authority.
(5) Proposed product cut-sheets.
(6) Glare study report, if required.
(7) Visual screening report that includes the following:
(a) A map of homes within 300 feet of the facility,
(b) Locations and type of existing vegetation that provides screening of views of the facility,
(c) Locations of homes within the subject property and residential properties that have waived visual screening, and
(d) Topographic features that provide screening of the facility.
(8) Interconnection service agreement or evidence of filing required interconnection service applications with the electric utility.
(9) Preliminary operation and maintenance plan of the commercial solar energy facility, including measures for maintaining safe access to the installation, stormwater controls, landscaping maintenance, as well as general procedures for operation and maintenance of the installation.
(10) Proof of liability insurance.
(11) Preliminary emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation.
(12) Redacted copies of all leases for the subject property.
(13) Notice of development letters. The owner/operator must mail letters to Will County Board representatives for the district in which the solar farm is to be built as well as to the respective township, Will/South Cook Soil & Water Conservation District, and to all municipalities located within 1.5 miles of the solar farm.
(14) Agricultural Impact Mitigation Agreement (AIMA). The facility owner shall execute an Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture. The facility owner shall file a copy of the signed AIMA to the County of Will prior to the public hearing. Financial assurance shall be provided to the county in accordance with the AIMA.
(P) Prohibited systems. Concentrated solar power systems are prohibited.
(Q) Test solar energy systems.
(1) For the purpose of gathering information, test solar energy systems may be erected without obtaining a special use permit.
(2) Test solar energy systems may not exceed a building footprint of greater than one acre (43,560 square feet) on a parcel of at least five acres.
(3) Test solar energy systems must be dismantled within three years of installation.
(4) Test solar energy systems must be set back from all property lines and road rights-of-way according to the current zoning district.
(5) Building permit applications for test solar energy systems must be accompanied by standard drawings of the structure. An engineering analysis of the test solar energy systems showing compliance with the adopted county building codes and certified by an Illinois licensed professional structural engineer must be submitted.
(Ord. 18-1, passed 1-18-2018; Ord. 22-226, passed 9-15-2022; Ord. 23-70, passed 3-16-2023)