HomeMy WebLinkAboutOrdinance #4415 - Amending the Canton Municipal Cody by adding Chapter 15.3 in Title 10, Zoning Regulations, to Allow for Solar Energy Systems STATE OF ILLINOIS)
SS.
COUNTY OF FULTON)
CERTIFICATE
I, Andi Smith-Walters, certify that I am the duly elected City Clerk of
the CITY OF CANTON, FULTON COUNTY, ILLINOIS.
I further certify that on AUGUST 6. 2024. the City Council of such
municipality passed and approved Ordinance #4415 entitled:
AN ORDINANCE AMENDING THE CANTON MUNICIPAL CODE BY
ADDING CHAPTER 15.3 IN TITLE 10, ZONING REGULATIONS, TO ALLOW
FOR SOLAR ENERGY SYSTEMS
The ordinance attached is a true and correct copy of the ordinance adopted by Canton
City Council.
DATED AT CANTON, ILLINOIS, THIS 23RD DAY OF APRIL, 2024
Seal
tridi Smith-Walters, City Clerk
ity of Canton, Illinois
ORDINANCE NO. 4415
AN ORDINANCE AMENDING THE CANTON MUNICIPAL CODE BY ADDING
CHAPTER 15.3 IN TITLE 10,ZONING REGULATIONS,TO ALLOW FOR
SOLAR ENERGY SYSTEMS
WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non-
home rule municipal corporation, established in accordance with the constitution of the State of
Illinois of 1970;
WHEREAS, Title 10 of the Canton Municipal Code (the "Code") governs the City's
zoning regulations;
WHEREAS,the Code does not currently provide for solar energy systems within the City;
WHEREAS, the City desires to expand opportunities within the City for solar energy
systems;
WHEREAS, due to the foregoing, the corporate authorities of the City requested that the
Joint Planning and Zoning Commission (the "Commission") make recommendations regarding
the proposed textual amendments to the City's Code as set forth herein; and
WHEREAS, a public hearing on the requested textual amendments were held before the
Commission on July 8 , 2024, in the manner prescribed by the City's Code and by Illinois law;
and
WHEREAS, after holding such public hearing, the Commission has recommended the
adoption of the textual amendments as requested by the corporate authorities; and
WHEREAS, the corporate authorities of the City has determined that it is necessary and
in the best interest of the City to substantially accept the Commission's recommendations, and
further amend and update Title 10 of the City Code, by adding Chapter 15.3 in order to allow for
and govern solar energy systems.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CANTON,FULTON COUNTY,ILLINOIS AS FOLLOWS:
Section 1. That the City hereby finds as fact the recitals set forth above and incorporates said
recitals herein as though fully set forth.
Section 2. That Title 10 of the Canton Municipal Code is hereby amended by adding the following
as Chapter 15.3 (Solar Energy Code):
"10-15.3-1 PURPOSE:
The purpose of this Chapter is to facilitate the construction, installation, and operation of
Solar Energy Systems in the City in a manner that promotes economic development and
ensures the protection of health, safety, and welfare while also avoiding adverse impacts
on adjoining property or on the environment. It is the intent of this ordinance to encourage
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the development of Solar Energy Systems that reduce reliance on foreign and out-of-state
energy resources, bolster local economic development and job creation. This Chapter is
not intended to abridge safety, health or environmental requirements contained in other
applicable codes, standards, or ordinances.
10-15.3-2 DEFINITIONS:
For the purpose of this Chapter,the following definitions are adopted:
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.
BUILDING INTEGRATED SOLAR ENERGY SYSTEM. A Solar Energy System that
integrates photovoltaic modules into the building structure as the roof or facade and which
does not alter the relief of the roof.
COMMERCIAL/LARGE SCALE SOLAR FARM. A utility scale commercial facility that
converts sunlight to electricity, whether by photovoltaics, concentrating solar thermal
devices, or various experimental technologies for onsite or offsite use with the primary
purpose of selling wholesale or retail generated electricity.
COMMUNITY SOLAR GARDEN. A community solar-electric (photovoltaic) array, of
no more than five (5) acres in size, 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.
GROUND MOUNT SOLAR ENERGY SYSTEM. A Solar Energy System that is directly
installed onto the ground and is not attached or affixed to an existing structure.
PHOTOVOLTAIC SYSTEM. A Solar Energy System that produces electricity by the use
of semiconductor devices,called photovoltaic cells,that generate electricity whenever light
strikes them.
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 SOLAR ENERGY SYSTEM. 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 optimal angle.
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.
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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, Photovoltaic Systems, Solar Thermal Systems and solar
hot water systems.
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.
10-15.3-3 GROUND MOUNT SOLAR ENERGY SYSTEMS
(A)Special Use Permit Required: Ground Mount Solar Energy Systems are designed to
serve only the occupants of the parcel on which they are located. Ground Mount Solar
Energy Systems are installed onto the ground and shall require a special use permit.
Such systems are accessory structures allowed only on zoning lots with a principal
structure.
(B)Petition: A petition for a Ground Mount Solar Energy System special use permit shall
be filed in accordance with Section 10-15.3-10 herein and shall demonstrate
compliance with all applicable provisions of the City Code and the following
requirements:
(1) Height: Ground Mount Solar Energy Systems shall not exceed ten (10) feet
above the grade of the real property when the system is oriented at maximum
design tilt.
(2) Setback: Ground Mount Solar Energy Systems must meet all applicable
setback requirements for an Accessory structure within the applicable
zoning district.
(3) Allowance: Subject to the requirements set forth herein, Ground Mount Solar
Energy Systems are allowed on all real property regardless of the real property's
zoning classification.
(4) Placement: Ground Mount Solar Energy Systems are only allowed to be placed
in the rear yard of the real property. The system must not be located within any
known dedicated easement on the real property.
(5) Lot Coverage: The total coverage of the Ground Mount Solar Energy System
shall not exceed half the building footprint of the principal structure, as
applicable. Ground Mount Solar Energy Systems shall be exempt from
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impervious surface standards/calculations if the soil under the Solar Collector
is maintained in vegetation and not compacted. For purposes of this Section,
foundations, gravel, or compacted soils are considered impervious.
(6) Reflection Angles:Reflection angles for Solar Collectors shall be oriented such
that they do not project glare onto adjacent properties.
(7) Visibility: Solar Energy Systems shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property to
the north while still providing adequate solar access for Solar Collectors. They
shall be designed to blend into the architecture of the building or be screened
from routine view from public rights-of-way provided that the screening shall
not affect the operation of the system.
(8) Approved Solar Components: Electric Solar Energy System components shall
have a UL listing or approved equivalent and solar hot water systems shall have
an SRCC rating.
(9) Utility Notification: All grid-intertie Solar Energy Systems shall comply with
the interconnection requirements of the electric utility. Off-grid systems are
exempt from this requirement.
10-15.3-4 ROOF MOUNT SOLAR ENERGY SYSTEMS:
(A)Permit Required: Roof Mount Solar Energy Systems are designed to serve only the
occupants of the parcel on which they are located. Roof Mount Solar Energy Systems are
placed on the roof of a principal structure or an Accessory structure and shall not require a
special use permit but shall require a Roof Mount Solar Energy System permit from the
Zoning Administrator.
(B) Allowance: Roof Mount Solar Energy Systems may be placed on primary and
Accessory structures, after approval by the Zoning Administrator.
(C)Application: Application for such a permit shall be made on a form prescribed by the
Zoning Administrator demonstrating compliance with all applicable provisions of the
City Code and the following requirements:
(1) Height for System on Principal Structure: Roof Mount Solar Energy Systems
placed on a principal structure shall not exceed the height of the principal
structure on the zoning lot where the system is located.
(2) Height for System on Accessory Structure: Roof Mount Solar Energy Systems
placed on an Accessory structure shall not exceed the height of the Accessory
structure on the zoning lot where the system is located.
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(3) Mounting on Pitched Roofs: Roof Mount Solar Energy Systems on pitched
roofs shall not be permitted to tilt or rotate at a slope greater or less than the
roof to which it is attached. Such Roof Mount Solar Energy Systems cannot
extend more than eight inches(8")from the roof surface to which it is attached.
The roof shall be considered a part of a building completely covering and
permanently attached to such building and can be flat or pitched. Any roof that
has a pitch of more than 1.5 inches in 12 inches shall be considered a separate
roof side.
(4) Mounting on Flat Roofs: Roof Mount Solar Energy Systems on flat roofs on
residential or non-residential structures shall not extend more than two feet(2')
vertically or extend above the building parapet, whichever is less.
(5) Setback: The Solar Collector surface and mounting devices for Roof Mount
Solar Energy Systems shall not extend beyond the exterior perimeter of the
building on which the system is mounted or built. Exterior piping for solar
systems generating heated water may extend beyond the perimeter of the
building on a side yard exposure. Any Roof Mount Solar Energy Systems
proposed to be placed on the roof of an Accessory structure that do not meet the
side or rear setbacks in place at the time of installation must have a variance
approved by the Joint Planning and Zoning Commission.
(6) Color: Roof Mount Solar Energy Systems shall match, as closely as possible,
the color of the roof to which it is attached.
(7) Safety:Roof Mount Solar Energy Systems,excluding Building Integrated Solar
Energy Systems, shall allow for adequate roof access for firefighting purposes
to the south facing or flat roof upon which the panels are mounted.
(8) Reflection Angles: Reflection angles for Solar Collectors shall be oriented such
that they do not project glare onto adjacent properties.
(9) Visibility: Solar Energy Systems shall be located in a manner to reasonably
minimize view blockage for surrounding properties and shading of property to
the north while still providing adequate solar access for Solar Collectors. They
shall be designed to blend into the architecture of the building or be screened
from routine view from public rights-of-way provided that the screening shall
not affect the operation of the system.
(10) Approved Solar Components: Electric Solar Energy System components
shall have a UL listing or approved equivalent and solar hot water systems shall
have an SRCC rating.
(11) Utility Notification: All grid-intertie Solar Energy Systems shall comply
with the interconnection requirements of the electric utility.Off-grid systems are
exempt from this requirement.
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(D)City Review Of Permit Applications: Completed permit applications, containing all
required documentation, shall be examined by the Zoning Administrator within a
reasonable time after filing. If the application does not conform to the requirements
of applicable ordinances, codes, laws,rules,and regulations,the Zoning Administrator
shall reject such application in writing, stating the reasons therefor. If the Zoning
Administrator is satisfied that the proposed work conforms to the requirements of this
Chapter and applicable ordinances, codes, laws, rules, and regulations, the Zoning
Administrator shall issue a permit therefor as soon as practicable. In all instances, it
shall be the duty of the applicant to demonstrate, to the satisfaction of the Zoning
Administrator that the construction proposed under the application shall be in full
compliance with the requirements of this Chapter. Notwithstanding anything herein to
the contrary,the Zoning Administrator may refuse to issue a Roof Mount Solar Energy
System permit when the requirements of this Chapter are not met or if an applicant
submits an incomplete application.
(E)Approval: An owner or operator of a Roof Mount Solar Energy System that is granted
a permit under this Section shall continue to comply with all of the above standards, as
well as any other requirements set forth in this Section or the City Code.
10-15.3-5 RESTRICTIONS ON SOLAR ENERGY SYSTEMS LIMITED:
Consistent with 765 ILCS 165, no homeowner's agreements, covenants, common interest
community or other contracts between multiple property owners within a subdivision shall
prohibit or restrict homeowners from installing Solar Energy Systems.
10-15.3-6 HISTORIC BUILDINGS:
Notwithstanding anything herein to the contrary, Solar Energy Systems on designated
historic landmarks or within designated historic districts must receive approval of the
Historic Preservation Commission,consistent with the standards for Solar Energy Systems
on historically designated buildings published by the U.S. Department of Interior.
10-15.3-7 BUILDING INTEGRATED SOLAR ENERGY SYSTEMS:
Building Integrated Solar Energy Systems shall be permitted in all zoning districts in the
City without a special use permit but shall meet the requirements of all applicable
provisions of the City Code, including the currently adopted International Building Code.
10-15.3-8 COMMUNITY SOLAR GARDENS:
(A) Special Use Permit Required: Community Solar Gardens are allowed with a special
use permit in all zoning districts.
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(C)Petition: A petition for a Community Solar Garden special use permit shall be filed in
accordance with Section 10-15.3-10 herein and shall demonstrate compliance with all
applicable provisions of the City Code and the following requirements:
(1) Community Solar Gardens may be located on rooftops.
(2) An interconnection agreement must be completed with the electric utility in
whose service the territory the system is located.
(3) Dimensional Standards: All solar garden related structures in newly platted and
existing subdivisions shall comply with the principal structure setback, height,
and coverage limitations for the district in which the system is located.
(4) Other Standards:
a. Ground mount systems shall comply with all required standards for
structures in the zoning district in which the system is located.
b. All solar gardens shall comply with the currently adopted International
Building Code.
c. All solar gardens shall comply with all other State requirements.
10-15.3-9 COMMERCIAL/LARGE SCALE SOLAR FARM:
(A)Special Use Permit Required: Commercial/Large Scale Solar Farms may be allowed
with a special use permit in any zoning district;however,such Commercial/Large Scale
Solar Farms shall not adversely impact adjacent properties.
(B)Petition: A petition for a Commercial/Large Scale Solar Farm special use permit shall
be filed in accordance with Section 10-15.3-10 herein and shall demonstrate
compliance with all applicable provisions of the City Code and the following
requirements:
(1) A site plan with existing conditions showing the following:
a. Existing property lines and property lines extending one hundred(100)feet
from the exterior boundaries including the names of adjacent property
owners and the current use of those properties.
b. All routes that will be used for the construction and maintenance purposes
shall be identified on the site plan. All routes for either egress or ingress
shall be shown.
c. Location and size of any abandoned wells, sewage treatment systems.
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d. Existing buildings and impervious surfaces.
e. A contour map showing topography at two (2) foot intervals. A contour
map of surrounding properties may also be required.
f. Existing vegetation(list type and percent of coverage: i.e. cropland/plowed
fields, grassland, wooded areas, etc.)
g. Any delineated wetland boundaries.
h. A copy of the current FEMA FIRM maps that shows the subject property
including the one hundred (100)-year floor elevation and any regulated
flood protection elevation, if available.
i. Surface water drainage patterns.
j. The location of any subsurface drainage tiles.
k. Location and spacing of the Solar Collector.
1. Location of underground and overhead electric lines connecting the solar
farm to a building, substation or other electric load.
in. New electrical equipment other than at the existing building or substations
that is to be the connection point for the solar farm.
(2) A site plan with proposed conditions showing the following:
a. Location and spacing of the solar panels.
b. Location of access roads.
c. Location of underground or overhead electric lines connecting the solar
farm to a building, substation, or other electric load.
d. New electrical equipment other than at the existing building or substation
that is to be the connection point for the solar farm.
(3) Fencing and Weed/Grass Control
a. An acceptable weed/grass control plan for property inside and outside the
fenced area for the entire property shall be submitted. The applicant and
any successor shall during the operation of the solar farm adhere to the
weed/grass control plan.
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b. Perimeter fencing shall be installed around the boundary of the solar farm
having a maximum height of eight (8) feet. The fence shall contain
appropriate warning signage that is posted such that it is clearly visible on
the site.
c. The applicant shall maintain the fence in good condition.
(4) Manufacturer's Specifications: The manufacturer's specifications and
recommended installation methods for all major equipment, including solar
panels/collectors, mounting systems, and foundations for poles and racks.
(5) Connection and Interconnection
a. A description of the method of connecting the solar array to a building or
substation.
b. Utility interconnection details and a copy of written notification to the utility
company requesting the proposed interconnection.
(6) Setbacks: A minimum of fifty (50) feet must be maintained from all property
lines. Solar panels shall be kept at least five hundred(500)feet from a residence
that is not part of the parcel on which the facility is located.
(7) Fire Protection: A fire protection plan for the construction and the operation of
the facility, and emergency access to the site. Along with the fire protection
plan, any developer of a Commercial/Large Scale Solar Farms shall submit a
plan to the Canton Fire Department informing the department of the procedure
for shutting down and disconnecting the Solar Energy System in the event of
an emergency or otherwise.
(8) Endangered Species and Wetlands: Solar farm developers shall be required to
initiate a natural resource review consultation with the Illinois Department of
Natural Resources (IDNR) through the Department's online EcoCat Program
or any successor program. Areas reviewed through this process will be
endangered species and wetlands. The cost of the EcoCat consultation shall be
borne by the developer.
(9) Road Use Agreements: All routes on City streets that will be used for the
construction and maintenance purposes shall be identified on the site plan. All
routes for either egress or ingress need to be shown. The routing shall be
approved subject to the approval of the City Engineer. The solar farm developer
shall complete and provide a preconstruction baseline survey to determine
existing road conditions for assessing potential future damage due to
development related traffic. The development shall provide a road repair plan
to ameliorate any and all damage, installation, or replacement of roads that
might be required by the developer. The developer shall provide a letter of
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credit or surety bond in an amount and form approved by the Zoning
Administrator when warranted.
(10) Stormwater and NPDES: Solar farms are subject to the City's stormwater
management, erosion, and sediment control provisions and NPDES permit
requirements.
(11) Decommissioning of the Solar Farm
a. The developer shall provide a decommissioning plan for the anticipated
service life of the facility or in the event the facility is abandoned or has
reached its life expectancy. If the solar farm is out of service or not
producing electrical energy for a period of twelve (12) months, it will be
deemed nonoperational and decommissioning and removal of that facility
shall commence according to the decommissioning plan as provided and
approved. A cost estimate for the decommissioning of the facility shall be
prepared by a professional engineer or contractor who has expertise in the
removal of the solar farm. The decommissioning cost estimate shall
explicitly detail the cost before considering any projected salvage value of
the out of service solar farm. A restoration plan shall also be provided for
the site with the application. The decommissioning plan shall include the
following:
b. Removal of the following within six (6) months after the farm became
nonoperational:
i. All Solar Collectors and components, above ground improvements
and outside storage.
ii. Foundations,pads and underground electrical wires and reclaim site
to a depth of four(4) feet below the surface of the ground.
iii. Hazardous material from the property and dispose in accordance
with Federal and State law.
c. The decommissioning plan shall also include an agreement between the
applicant and the City that:
i. The financial resources for decommissioning shall be secured by a
Surety Bond,or cash deposited in an escrow account with an escrow
agent acceptable to the Zoning Administrator.
ii. The agreement shall establish conditions in which the funds will be
disbursed.
iii. The City shall have access to said security for the purpose of
completing decommissioning if decommissioning is not completed
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by the owner of the project within six (6) months of the end of the
project life or facility abandonment.
iv. The City shall have the right to enter the site,pursuant to reasonable
notice to effect or complete decommissioning.
v. The City shall have the right to seek injunctive relief to effect or
complete decommissioning, and to seek reimbursement from the
owner for decommissioning costs in excess of the amount deposited
in escrow and to file a lien against any real estate owned by applicant
or applicant's successor, or in which they have an interest, for the
amount of the excess,and to take all steps allowed by law to enforce
said lien.
10-15.3-10 STANDARDS FOR SOLAR ENERGY SYSTEMS REQUIRING A
SPECIAL USE PERMIT
(A)Special Use Permit Required: Ground Mount Solar Energy Systems, Community Solar
Gardens,and Commercial/Large Scale Solar Farms require a special use permit.No special
use permit will be allowed unless a public hearing is held, the applicable petition is
reviewed by the Joint Planning and Zoning Commission for its findings and
recommendations, and it is then authorized by the City Council.
(B)Petition: A petition for a Solar Energy System special use permit shall be filed with the
City Clerk and Planning and Zoning Department and processed in the same manner as that
is required for other special uses as set forth in Section 10-17-7 of this City Code. Said
petition shall be of such form, accompanied by such information, as shall be established
from time to time by the Joint Planning and Zoning Commission. An initial form of the
petition may be prepared by the City Attorney in consultation with the Zoning
Administrator until same is amended by the Joint Planning and Zoning Commission.
(C) Standards: The Joint Planning and Zoning Commission shall not recommend a
particular Solar Energy System special use permit to the City Council for approval unless
the following requirements have been met:
(1) The Solar Energy System will be designated, located, and proposed to be
operated so that the public health, safety and welfare will be protected;
(2)The Solar Energy System shall not cause appreciable injury to the value of other
property in the neighborhood in which it is located;
(3) The Solar Energy System will not subvert or defeat the primary purpose of the
zoning ordinance,or of the zoning district or area for which it is proposed,when
its effect is considered in conjunction with the cumulative effort of the number
of various special uses of all types already located in the adjacent area and in
the City as a whole;
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(5) The Solar Energy System complies with all applicable state and local fire
standards;
(6) The Solar Energy System's design has been inspected and approved by the
Zoning Administrator;
(7) The Solar Energy System meets the applicable requirements set forth in this
Chapter established for each particular Solar Energy System;
(8) The petition for the Solar Energy System special use permit is complete; and
(9) The Solar Energy System complies with all other requirements of the City Code
and applicable State and Federal laws and regulations.
(C)Conditions established by Joint Planning and Zoning Commission: The Joint Planning
and Zoning Commission may recommend such conditions and restrictions upon the
construction, location, and operation, or a special use, as may be deemed necessary to
promote the general objectives of this Chapter and to minimize injury to the value of
property in the neighborhood.
(D)City Council Authority: Upon recommendation by the Joint Planning and Zoning
Commission, the City Council may refer a Solar Energy System special use petition
back to the Commission for additional review, or, by motion, may approve, approve
with conditions, or disapprove, a petition for a Solar Energy System special use permit
utilizing the same standards set forth above. Regardless of the Joint Planning and
Zoning Commission's findings on any or all of the foregoing standards, the City
Council may deny a Solar Energy System special use permit upon an express finding
that such denial is in the public interest.
(E)Approval: An owner or operator of a Solar Energy System that is granted a special use
permit under this Section shall continue to comply with all of the above standards, as
well as any other requirements set forth in this Section or the City Code.
10-15.3-11 COMPLIANCE:
All Solar Energy Systems shall require a permit from the Zoning Administrator or a special
use permit,as applicable,and shall comply with any other applicable provisions of the City
Code, State law, or Federal law. All Solar Energy Systems shall be installed by a trained
and Qualified Solar Installer whom is working under the supervision of a licensed electrical
contractor(if different from the Qualified Solar Installer).
Furthermore, all Solar Energy Systems shall meet approval of any currently adopted
International Building Code,National Electric Code, and Illinois Plumbing Code.
10-15.3-12 LIABILITY INSURANCE:
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The owner/operator of the Commercial/Large Scale Solar Farm shall maintain a current
general liability policy covering bodily injury and property damage and name the City as
an additional insured with limits of at least one million dollars ($1,000,000.00) per
occurrence and five million dollars ($5,000.000.00) in the aggregate with a deductible of
no more than five thousand dollars ($5,000.00).
10-15.3-13 ABANDONED AND/OR INOPERABLE SOLAR ENERGY
SYSTEMS:
If at any point a Solar Energy System becomes abandoned and/or ceases to perform its
originally intended function (i.e. becomes inoperable) for more than twelve (12)
consecutive months, the property owner or operator of the system, after notice from the
Zoning Administrator, shall remove the Solar Collector, mount, and any other equipment
associated with the Solar Energy System within ninety(90)days upon receipt of the notice
from the Zoning Administrator.
10-15.3-14 MAINTENANCE:
Upon approval and construction of a Solar Energy System,such system shall be maintained
in good, working condition.
10-15.3-15 ADMINISTRATION AND ENFORCEMENT:
The Zoning Administrator shall enforce the provisions of this Chapter through inspections
on such schedule as he or she deems appropriate. The Zoning Administrator has the
authority to enter upon the premises where a Solar Energy System is located at any time
by coordinating a reasonable time with the operator/owner of the system.
Any person, firm, cooperation, or corporation who violates, disobeys, omits, neglects,
refuses to comply with, or resists enforcement of any provisions of this chapter shall be
fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars
($500.00) for each offense. Each day that a violation occurs shall constitute a separate
offense.
In addition to the foregoing penalty provisions, the proper authorities of the City may
institute any appropriate action or proceedings, including the obtaining of an injunction to
prevent such further activity. The defendant in any such action shall be responsible for the
reasonable costs of such action, to include, but not limited to, the City's court costs and
attorney fees. Such sums shall be made a part of any judgment entered and shall be
enforceable as part of the final judgment.
10-15.3-16 REINSPECTION FEE:
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A $250.00 reinspection fee shall be assessed against any person, firm, cooperation, or
corporation for each inspection conducted by the Zoning Administrator to address a
violation previously identified.
10-15.3-17 FEES:
The non-refundable fees for processing the applications/petitions for special use permits
for Solar Energy Systems shall be as follows:
0-4 kilowatts kW-dc $75.00
5-10 kilowatts kW-dc $150.00
11-50 kilowatts kW-dc $300.00
51-100 kilowatts kW-dc $500.00
101-500 kilowatts kW-dc $1,000.00
501-1,000 kilowatts kW-dc $3,000.00
1,001-2,000 kilowatts kW-dc $5,000.00
Section 3. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly
repealed.
Section 4. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise
invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining
provisions of this Ordinance.
Section 5. That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
PASSED THIS 6th day of August, 2024.
AYES: Alderpersons Chamberlin, Grimm,Nelson, Lovell, Hale, Gossett, Ketcham, Lingenfelter
NAYS:None
ABSENT: None
APPROVED THIS 6th day of August , 2024.
U "
Kent A. McDo 1, Mayor
ATT
di Walters, City Clerk
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