Monee’s stringent new 11-page ordinance governing solar farms covers everything from the developer’s initial applications to removal of equipment when it is eventually closed down.
The ordinance was approved during the July 9 village board meeting.
The village is negotiating with Colorado-based Turning Point Solar for its proposed sun-powered energy field on Will-Center Road, approximately 1,000 feet south of Court Street on the east side of the road.
Turning Point first approached the village in 2022, but the project was dormant until they recently expressed renewed interest in developing a solar farm there.
It will be the first solar farm in Monee, and while Illinois law makes it impossible to deny construction of solar farms, the village aims to mitigate any possible negative impact it might have locally.
State law establishes standards for county-level regulation, streamlining the permitting process for commercial solar facilities. Local governments can regulate solar development, but they cannot block it.
“I guess since we can’t beat them, at least we can let them know what they need to do and keep their Ps and Qs going,” Trustee John Henson said before the board voted.
There were no other comments and the ordinance was unanimously approved.
Among the stipulations are that:
- No part of any ground-mounted solar energy system may exceed twenty (20′) Feet in height when oriented at maximum tilt.
- No part of any roof-mounted solar energy system may exceed a height when oriented at maximum tilt that is visible from the street, not exceed the maximum permitted height regulation of the zoning district.
- All solar energy systems, regardless of whether ground or roof mounted, 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. All photovoltaic elements of the system shall have a nonreflective finish.
- Perennial vegetative ground cover must be maintained or established in all areas where a ground-mounted solar energy system is located.
- For ground-mounted solar energy systems, perennial vegetative ground cover or farm crops must be maintained or established in required setbacks to prevent erosion and manage run-off.
- A berm, no less than three feet in height covering 75 percent of the length of the property, shall be provided along all public rights-of-way. The berm (utilized as a sound and visual barrier) shall be landscaped with coniferous or pine tree variety. The tree location shall be staggered into two rows, eight-to-10 feet apart and at least eight feet tall at the time of installation. The tree coverage shall be 100 percent of the length of the berm. The location and quantity of plantings shall be determined by the Zoning Administrator.
- On-site power lines and utility connections must be placed underground unless otherwise expressly approved as part of the conditional use permit.
- The developer shall provide the village with a letter of credit or other sufficient financial surety, in a form and amount acceptable to the village, to insure the ultimate decommissioning of the solar energy system upon termination or discontinuance of its operation or the estimated end of life of said system’s various components, if not replaced.
- The owner/operator of the facility will be responsible and liable for the maintenance of the facility and property.
- The owner/operator will be responsible for improving or repairing roads used during construction.
- The owner/operator must provide proof of liability insurance, 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, and proof of compliance with noise regulations of the Illinois Pollution Control Board.
- Owner/operator must provide a 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, and fire protection and response plan.
Applications for permits must include:
- Completed conditional use permit application, on the village’s standard form.
- Copy of recorded deed(s) showing ownership of the subject property.
- Electronic copy of the legal description that is editable. Plat of survey (to scale) from a professional land surveyor. Survey must include scale, north arrow, and dimensions of the subject property.
- Affidavit of owner’s consent (if applicable). Disclosure of any beneficiaries.
- The application fee.
- The results and recommendations from the consultation with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool.
- FAA notice of No Flight Hazard and/or application to the FAA for Notice of Criteria Tool. The results of the United States Fish and Wildlife Service’s Information for Planning and Consulting environmental review or a comparable tool.
- Visual screening report that includes a map of homes within 300 feet (500′) of the facility; locations and type of existing vegetation that provides screening of views of the facility; and topographic features that provide screening of the facility.
- Proof of liability insurance.
Village Attorney Lawrence Gryczewski said, during the meeting, the company in discussions with the village has reviewed the ordinance and is in agreement with it.
“There are quite a few protections, I believe, for the village in this ordinance.”