A.
The Village Board, by an affirmative two-thirds vote, may by resolution
grant a special permit for the following special uses in any district,
except as herein qualified, which are otherwise prohibited by this
chapter, and may impose appropriate conditions and safeguards, including
a specified period of time for the permit, to conserve and protect
property values in the neighborhood:
(1)
Airport, landing field or landing strip for aircraft.
(2)
Amusement park, but not within 300 feet of any R District.
(3)
Cemetery or mausoleum.
(4)
Circus or carnival grounds, but not within 300 feet of any R District.
(5)
Commercial, recreational or amusement development for temporary or
seasonal periods.
(6)
Hospital, clinic or institution, provided that any hospital or institution
permitted in any R District shall be located on a site of not less
than five acres, shall not occupy more than 10% of the total lot area
and shall be set back from all yard lines at least two feet for each
foot of building height.
(7)
Privately operated community building or recreation field.
(8)
Any public or government building.
(9)
Radio or television broadcasting tower or station.
(10)
Drive-in theater in the C Commercial District.
(11)
Tourist or trailer camp in the C Commercial District or the
M-1 Light Industrial District and its extension into an abutting residential
district, provided such tourist or trailer camp shall comply with
the following and such additional requirements as may be deemed necessary
for proper development and the protection of the surrounding area:
(a)
All appropriate state and county sanitation regulations shall
be strictly observed.
(b)
At least 1,500 square feet of lot area per trailer shall be
provided; no trailer shall be parked closer to the street or highway
than the required front yard setback or closer than 20 feet to any
property line; and a clearance of not less than 14 feet shall be maintained
between trailer coaches on all sides.
(c)
Trailer coach spaces shall abut upon a hard-surfaced driveway
or accessory drive of not less than 25 feet in width.
(d)
Service building or other facilities for bathing, laundry and
sanitation, as required by the state and local health regulations,
shall be located at least 20 feet from the side and rear lot lines
and shall be accessible to all trailer coaches by means of the access
drives or hard-surfaced walks.
(e)
Wherever practicable, space shall be reserved for recreation
and a playground.
B.
Before authorization of any of the above special uses, the request therefor shall be referred to the Village Zoning Committee for study. A public hearing shall be held in relation thereto before the Village Zoning Committee. Notice and publication of the time and place for the hearing shall conform to the procedure prescribed in Article XI for hearing amendments. If no report is transmitted within 60 days of the notification, the Village Board may take action without further awaiting such report.
C.
Any proposed special use shall otherwise comply with all the regulations
set forth in this chapter for the district in which such use is located,
except that the Village Board may permit hospitals and institutions
to exceed the height limitations of such district.
Temporary buildings used in conjunction with construction work
only may be permitted in any district during the period that the construction
work is in progress, but such temporary buildings shall be removed
upon completion of the construction work.
Existing railroads and utilities may continue to be operated
and maintained in dwelling and commercial districts, but no new railroad
or utility structure other than the usual poles, wires and underground
utilities shall be established in such districts except when so authorized
by the Village Board after report by the Board of Appeals.
An authorized agency of the municipal, county, state or federal government or the owner or owners of any tract of land comprising an area of not less than 10 acres may submit to the Village Board a plan for the use and development of all of the tract of land for residential and allied purposes. The development plan shall be referred to the Village Zoning Committee for study and report and for public hearings. Notice and publication of such public hearings shall conform to the procedures prescribed in Article XI for hearings on changes and amendments. If the Village Zoning Committee approves the plans, these shall then be submitted to the Village Board for consideration and action. The approval and recommendations of the Village Zoning Committee shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed plan meets the following conditions:
A.
The property adjacent to the area included in the plan will not be
adversely affected, and to this end the Village Board may require,
in the absence of an appropriate physical barrier, that uses of least
intensity or a buffer of open space or screening be arranged along
the borders of the project.
B.
The plan is consistent with the intent and purposes of this chapter
to promote public health, safety, morals and general welfare.
C.
The buildings shall be used only for single-family dwellings, two-family
dwellings, or multiple dwellings, and for the usual accessory uses
as private or storage garages, storage space, and for community activities,
including churches.
D.
The average lot area per family contained in the site, exclusive
of the area occupied by streets, will not be less than the lot area
per family required in the district in which the development is located.
[Added 11-5-2018 by Ord.
No. 704]
A.
Purpose and intent. The purpose of these regulations is to provide
a uniform and comprehensive set of standards for the installation
and use of USES designed for commercial energy production. The intent
of these regulations is to protect the public health, safety, and
community welfare while allowing development of solar energy resources
for commercial purposes.
B.
Petition. All procedures and standards included in and related to
special uses shall apply unless otherwise stated in this article.
In addition, before the petition for a special use permit can be issued,
the following shall be submitted to the Village of Granville Zoning
Officer for review by the Planning Commission, the Zoning Board of
Appeals and the Village of Granville Board:
(1)
A written summary of the project, including a general description
of the project including its approximate generating capacity.
(2)
The name(s), address(s) and phone number(s) of the owner and/or
USES operator.
(3)
A site plan of the USES site showing:
(a)
Boundaries of the site;
(b)
All proposed USES structures: solar panels, substations, interconnect
substation, location of all transmission lines, ancillary equipment,
wells, septic fields, field tile location map, existing easements,
floodplain location and elevation and wetland(s) location, if any;
(c)
Property lines;
(d)
Setback lines;
(e)
Location of all existing structures with their uses identified.
(4)
The site and emergency plan shall be submitted to the local
fire protection district(s) and/or department(s) whose jurisdiction
is included in whole or in part within the USES project area. Any
specialized training shall be provided at the owner/operator's expense.
(5)
All required studies, reports, certifications and approvals
demonstrating compliance with the provisions of this section.
(6)
After an approved final inspection of all building permit(s),
a certificate of occupancy shall be issued.
C.
Special requirements. USES are subject to the following requirements:
(1)
Height: shall not exceed 30 feet at maximum tilt of the solar
panel(s).
(3)
Fencing. A fence of at least six feet in height but no greater
than eight feet shall enclose the USES.
(4)
Lighting. If lighting is provided at the project, lighting shall
be shielded and downcast such that the light does not spill onto the
adjacent parcel(s).
(5)
Noise. Noise levels measured at the property line shall not
exceed 50 decibels when located adjacent to an existing residence
or residential district. Noise levels shall be enforced by both the
State of Illinois and Village of Granville.
(6)
Installation and design. The USES shall be designed and located
in order to prevent glare toward and inhabited buildings on adjacent
properties as well as any roads.
(7)
Wiring. All wiring is required to be installed to code requirements
outlined in the current NFPA 70 NEC manual. All wiring between solar
panels and the solar farm facility substation shall be underground
whenever possible.
(8)
Outdoor storage. Only the outdoor storage of materials, vehicles,
and equipment that directly support the operation and maintenance
of the solar farm shall be allowed.
(9)
Agricultural impact: all required agreements, studies, reports,
certifications and approvals demonstrating compliance with the provisions
of this section, federal and state laws, and administrative provisions,
including, but not limited to, consultation reports with the Illinois
Department of Agriculture and the Illinois Department of Natural Resources,
emergency plan, and evaluation of the geotechnical stability of the
site for supporting all the necessary structures.
(10)
Annual review and reporting.
(a)
The applicant, owner and/or operator of a USES project shall
submit to the Village of Granville Zoning Office on the first Monday
of July of each year following the USES project approval by the Village
of Granville Zoning Office, Village of Granville Board or any successor
committee designated to oversee zoning issues, a report regarding
USES maintenance and operation. This report shall address:
[1]
Any physical modification(s) to the USES and/or
its infrastructure;
[2]
Complaints pertaining to setbacks, noise, appearance,
safety, lighting and use of any public roads received by the owner
and/or operator concerning the USES and the resolution of such complaints;
[3]
Calls for emergency services, including the nature
of the emergency and how it was resolved;
[4]
Status of liability insurance; and
[5]
Any other information that the Village might reasonably
request.
(b)
Within 30 days of the receipt of this annual report, the Zoning
Officer shall review it, conduct an on-site field inspection of the
USES project and within 60 days of the receipt of the report, provide
a summary of the report and its on-site field inspection to the Village
of Granville Board or any successor committee designated to oversee
zoning issues.
(c)
The Zoning Office shall charge a fee for this annual review
in the amount of $275 per USES project. This shall be provided to
the Zoning Office by the USES applicant, owner and/or operator at
the time of the annual report submission. Failure to provide the annual
report and the required fee shall be considered a cessation of operations.
(d)
The applicant, owner, and/or operator of a USES project shall
provide that the Village of Granville Zoning Officer have access to
the USES project for the purposes of required building inspections
and on-site field review(s). Failure to provide access shall be deemed
a violation of this section.
D.
Certification. USES shall conform to applicable industry standards,
including those from the UL and Federal Aviation Administration (FAA).
All applicable Village, state and national construction and electrical
codes shall be followed.
E.
Safety. Electrical safety will completely adhered to and shall meet
all current OSHA and NFPA 70E requirements. All USES shall provide
the following at all locked entrances:
F.
Public road use. Prior to a special use permit being granted, an
agreement shall be entered into between the applicant/owner/contractor,
the Village board, and the Village Engineer. Such agreement shall
detail the use of public roads for construction/maintenance of said
USES project to include but not limited to:
(1)
Access routes identified;
(2)
Overweight/oversize loads presented;
(3)
Preconstruction survey of roads for potential damage, including
site photos and documentation of existing condition(s);
(4)
Schedule of construction operations;
(5)
Setting up an escrow fund, letter of credit, or surety bond
to cover future road repairs, payment for Village costs to retain
a consultant, if necessary, to make a study of any structure or road
on the proposed route that the Village Engineer determines may not
carry the loads and weight and use during the USES project construction
and/or decommissioning.
G.
Weed and grass control. The applicant must present an acceptable
weed control plan for the property inside and outside the fenced area
for the entire property. The operator during the operation of the
solar energy project must maintain the fence and screening system
and adhere to the weed and grass control program. If the operator
does not do so, there will be a fine of up to $500 per incident if
the fence is not secure and maintained or the weed and grass control
program is not followed.
H.
Decommissioning and site reclamation. A decommissioning and site
reclamation plan must be submitted with the special use application
to ensure that the solar energy project is properly decommissioned
and the site properly reclaimed. The decommissioning and reclamation
plan shall, at a minimum, include:
(1)
Provisions describing the triggering events for decommissioning
the solar energy project.
(2)
An estimate of the decommissioning costs certified by a professional
engineer. All costs will be itemized.
(3)
Provision for anticipated repairs to any public roads or facilities
used for the purpose of reclamation of the solar energy project and
all costs related to removal of structural materials and access roads.
(4)
Provisions for the removal of structures, concrete, debris and
cabling, including those below the soil surface to a depth of five
feet.
(5)
Provisions for the disconnecting of all cabling from the utilities
power lines.
(6)
Provisions for the restoration of the soil and vegetation.
(7)
A provision that the terms of the decommissioning plan shall
be binding upon the owner or operator and any of their successors,
assigns or heirs by way of sale, gift and assignment in fact or at
law or any other such transfer of financial interest of ownership
in the solar energy project. Any successor or assign shall assume
the terms, covenants and obligations of this plan and must agree to
assume all reclamation liability and responsibility for the solar
energy project.
(8)
A provision that this plan is governed by Illinois law.
(9)
A provision that indemnifies the Village with respect to any
and all liability arising out of the decommissioning and site reclamation
plan.
(10)
A provision that the Village shall have access to the site,
pursuant to reasonable notice, to effect, inspect or complete decommissioning
if necessary.
(11)
A provision that the applicant, owner and operator shall notify
the Village Zoning Officer by certified mail of the commencement of
a voluntary or involuntary bankruptcy proceeding, naming the applicant,
owner or operator as debtor, within 30 days of the beginning of the
proceeding.
(12)
Financial assurance in the form of an irrevocable letter of
credit, secured by the owner or operator, for the purpose of adequately
performing decommissioning and site reclamation, in an amount equal
to 150% of the professional engineer's certified estimate of the decommissioning
and site reclamation costs will be provided by the applicant as specified
in this section.
(13)
Every five years a professional engineer's certified estimate
of decommissioning and site reclamation costs will be submitted and
an adjustment to the financial assurance will be required.
(14)
The applicant must agree to an Agricultural Impact Mitigation
Agreement (AIMA) with the Illinois Department of Agriculture unless
it is not possible, due to action by the Department, to do so.
I.
Financial assurance for decommissioning and site reclamation.
(1)
At time of approval of the special use permit, the amount of
the irrevocable letter of credit shall be 150% of an independent professional
engineer's cost estimate to complete the work of decommissioning and
site reclamation.
(2)
It is recognized that there may be a salvage that will result
from the reclamation process; however, the Village must limit the
amount of salvage value that can be used for determining the amount
of the irrevocable letter of credit. In no event will the financial
assurance provided be in an amount of less than $100,000.
(3)
The decommissioning and site reclamation provision shall be
included as part of the project special use application. The irrevocable
letter of credit must be submitted to the Village prior to any construction
permit being issued.
(4)
The Village reserves the right to require additional information
of components to the plan as the Village deems necessary to ensure
that adequate proposal is in place to decommission the facility in
its entirety and that adequate funds are available.
J.
Inspection by applicable designated Village Electrician. Prior to
the USES operating, it must pass inspection of an agent designated
by the Village and paid for by the Village. The cost for said inspections
will be the responsibility of the USES applicant, owner and/or operator
of the USES. An irrevocable letter of credit in the amount of $6,000
shall be executed by the USES applicant, owner and/or operator of
the USES.
K.
Indemnification and liability.
(1)
The applicant, owner and/or operator of the USES shall defend,
indemnify and hold harmless the Village of Granville and its officials
from and against any and all claims, demands, losses, suits, causes
of action, damages, injuries, costs, expenses and liabilities whatsoever,
including attorney's fees, without limitation, arising out of acts
or omissions of the applicant, owner and/or operator associated with
the construction and/or operation of the USES project.
(2)
The applicant, owner and/or operator of the USES project shall
maintain a current general liability policy covering bodily injury
and property damage with limits of at least $2,000,000 per occurrence
and $2,000,000 in the aggregate. Evidence of liability coverage must
be reported to the Village of Granville Zoning Officer on an annual
basis, and any loss of coverage must be reported within three working
days of the loss. Failure to maintain coverage shall be considered
a cessation of operations.
L.
Cessation of operations. If any USES provided for in this section
has not been in operation and producing electricity for at least 270
consecutive days, it shall be removed. The Village of Granville Zoning
Officer shall notify the owner to remove the system. Within 30 days,
the owner shall either submit evidence showing that the system has
been operating and producing electricity or under repairs or remove
it. If the owner fails to/or refuses to remove the solar energy system,
the violation shall be referred to the Village of Granville Corporate
Attorney for enforcement.
M.
Penalties. A failure to obtain applicable building permit(s) for
the construction of a USES or failure to comply with the requirements
of a building permit or the provisions of this section shall be deemed
a violation of this section. The Village's Attorney may bring an action
to enforce compliance of the requirements of this section by filing
an action in the circuit court for an injunction requiring conformance
with this section or seek such other order as the court deems necessary
to secure compliance with this section. Any person who violates this
section shall be fined not less than $25 nor more than $500. A separate
offense shall be deemed committed for each day the violation exists.
Nothing herein shall prevent the Village from seeking such other legal
remedies available to prevent or remedy any violations of this section.
