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
chapter to encourage 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.
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.
DISTRIBUTED GENERATION INSTALLER
A person who has completed all requirements to be certified
by the State of Illinois and the Illinois Commerce Commission in order
to install renewable energy appliances and equipment.
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.
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.
A.
PERSONAL SOLAR ENERGY SYSTEM (PSES)Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for generating electricity for use on-site. However, the energy output may be delivered to a power grid to offset the cost of energy on-site.
B.
COMMUNITY GARDEN ENERGY SYSTEM (CGES)A community solar-electric (photovoltaic) array, of no more than 15 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.
C.
SOLAR FARM ENERGY SYSTEM (SFES)A commercial facility that converts-sunlight to electricity, whether by photovoltaics, concentrating solar thermal devices, or various experimental technologies for on-site or off-site use with the primary purpose of selling wholesale or retail generated electricity in excess of 15 acres.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity
or heat.
If any SFES provided for in this chapter has not been in operation
and producing electricity for at least 180 consecutive days, it shall
be removed. The City of El Paso Director of Public Works 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 remove it. If the owner fails to or refuses to remove
the solar energy system, the City may pursue all applicable remedies,
including, without limitation, those described in § 244-54
and exercising its rights in the decommissioning plan, including using
the surety bond proceeds.
[Amended 9-18-2023 by Ord. No. 1070]
All solar energy systems shall require a permit from the City
Director of Public Works and shall comply with any other applicable
provisions of the City Code, state law, or federal law. In addition
to all required documents, a permit fee as shown in the published
City of El Paso fee schedule shall be paid to the City at the time
of issuance. If additional inspections or costs are necessary, there
will be a fee assessed to reimburse the City.
Any system existing at the time of the adoption of this chapter
that does not conform to the requirements of this chapter shall be
considered a nonconforming structure, and shall be subject to the
regulations pertaining to nonconforming structures in the City Zoning
Code.
The City Director of Public Works shall enforce the provisions of this chapter through inspections on such schedule as he/she deems appropriate. The City Director of Public Works 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 facility. Any person, firm or cooperation who violates, disobeys, omits, neglects, refuses to comply with, or resists enforcement of any of the provisions of this chapter shall be subject to the penalties provisions in §
244-8 of this chapter.