(55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
Sec. 5-12009.
Variation by board of appeals.
The regulations by this
Division authorized may provide that a
board of appeals may determine and vary their application in harmony
with their general purpose and intent and in accordance with general or
specific rules therein contained in cases where there are practical
difficulties or particular hardship in the way of carrying out the
strict letter of any of such regulations relating to the use,
construction or alteration of buildings or structures or the use of
land; or the regulations by this Division authorized may provide that the
county board may, by ordinance or resolution determine and vary their
application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained in cases
where there are practical difficulties or particular hardship in the way
of carrying out the strict letter of any such regulations relating to
the use, construction or alteration of buildings or structures or the
use of land; however, no such variation shall be made by such county
board without a hearing before the board of appeals
unless the variation sought is a variation of ten percent or less of
the regulations by this Division authorized as to location of structures or as
to bulk requirements under such regulations, in which case no
public hearing is required and such variation may be granted by the
administrative official charged with the enforcement of any ordinance or
resolution adopted pursuant to this Division. Provided, however, that before
such variation may be granted, a notice of the intent to grant such variation
shall be sent by certified mail to all adjoining landowners. If any adjoining
landowner files a written objection with the administrative official within
15 days of receipt of such notice, the variation shall only be considered
by the board of appeals in the manner provided in this Section. All other
variations sought shall be made only by ordinance, resolution or otherwise
in a specific case and after a public hearing before a board of appeals of
which there shall be at least 15 days notice of the date, time and place of
such hearing published in a newspaper of general circulation published in
the township or road district in which such property is located. If no
newspaper is published in such township or road district, then such notice
shall be published in a newspaper of general circulation published in the
county and having circulation where such property is located. The notice
shall contain: (1) the particular location of the real estate for which the
variation is requested by legal description and street address, and if no
street address then by locating such real estate with reference to any
well-known landmark, highway, road, thoroughfare or intersection; (2)
whether or not the petitioner or applicant is acting for himself or in the
capacity of agent, alter ego, or representative of a principal, and stating
the name and address of the actual and true principal; (3) whether
petitioner or applicant is a corporation, and if a corporation, the correct
names and addresses of all officers and directors, and of all stockholders
or shareholders owning any interest in excess of 20% of all outstanding
stock of such corporation; (4) whether the petitioner or applicant, or his
principal if other than applicant, is a business or entity doing business
under an assumed name, and if so, the name and residence of all true and
actual owners of such business or entity; (5) whether the petitioner or
applicant is a partnership, joint venture, syndicate or an unincorporated
voluntary association, and if so, the names and addresses of all partners,
joint venturers, syndicate members or members of the unincorporated
voluntary association; and (6) a brief statement of what the proposed
variation consists.
The costs or charges of the publication notice by this Section
required shall be paid by the petitioner or applicant.
Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals such county board may by ordinance or
resolution without further public hearing adopt any proposed variation
or may refer it back to the board of appeals for further consideration
and any proposed variation which fails to receive the approval of the
board of appeals shall not be passed except by the favorable vote of
3/4 of all the members of the county board, but in counties in which the
county board consists of 3 members only a 2/3 vote is required. Every such
variation, whether made by the board of appeals directly or by ordinance
or resolution after a hearing before a board of appeals shall be
accompanied by a finding of fact specifying the reason for making such
variation.
If a township located within a county with a population of less than 600,000
or more than 3,000,000 has a plan commission, and the plan
commission objects to a zoning
variation which affects unincorporated areas of the township, the township
board of trustees within 15 days after the public hearing before the board
of appeals on such zoning variation, may submit its written objections to
the county board of the county where the unincorporated areas of the
township are located. In such case, the county board shall not approve the
zoning variation, except by the favorable vote of 3/4 of all members of the
county board.
Appeals from final zoning decisions of the County Board must be filed
within one year unless a shorter filing period is required by another law.
(Source: P.A. 91-738, eff. 1-1-01.)
|
(55 ILCS 5/5-12009.5)
Sec. 5-12009.5.
Special uses.
(a) The county board may, by an ordinance passed under this Division,
provide
for
the classification of special uses. Those uses may include, but are not
limited to, public and quasi-public uses affecting the public interest;
uses that have a unique, special, or unusual impact upon the use or enjoyment
of neighboring property; and uses that affect planned development. A use may
be permitted in one or more zoning districts and may be a special use in one or
more other zoning districts.
(b) A special use may be granted only after a public hearing conducted by
the
board of
appeals. There must be at least 15 days' notice before the hearing. The
notice
must include the time, place, and date of the hearing and must be published in
a
newspaper published in the township or road district where the property is
located. If there is no newspaper published in the township or road district
where the property is located,
the notice must be published in a newspaper of general circulation in the
county. The notice must also contain (i) the particular location of the
property for which the special use is requested by legal
description and by street address, or if there is no street address, by
locating the property with reference to any well-known landmark, highway,
road, thoroughfare, or intersection; (ii) whether the petitioner or
applicant is acting for himself or herself or as an agent, alter ego, or
representative of a principal and the name and address of the principal; (iii)
whether the petitioner or applicant is a corporation, and if so, the correct
names and addresses of all officers and
directors of the corporation and of all stockholders or shareholders owning any
interest in excess
of 20% of all of the
outstanding stock or shares of the corporation; (iv) whether the petitioner or
applicant, or his or her principal, is a business or entity doing business
under an assumed name, and if so, the name and residence of all actual
owners of the business or entity; (v) whether the petitioner or applicant,
or his or her principal, is a
partnership, joint venture, syndicate, or an unincorporated voluntary
association, and if so, the names and addresses of all partners or members of
the partnership, joint venture, syndicate, or unincorporated voluntary
association; and
(vi) a brief statement of the proposed special use.
In addition to any other notice required by this Section, the board of
appeals must give at least 15 days' notice before the hearing to (i)
any
municipality whose boundaries are within 1-1/2 miles of any part of the
property proposed as a special use and (ii) the owner or owners of any land
adjacent to or immediately across any street,
alley, or public right-of-way from the property proposed as a special use.
The petitioner or applicant must pay the cost of the publication
of the notice required by this Section.
(c) A special use may be granted only upon evidence that the special use
meets
the standards established for that classification in the ordinance. The
special use may be subject to conditions
reasonably necessary to meet those standards.
(d) The board of appeals shall
report to the county board a finding of fact and a recommendation as to whether
the
county board should deny, grant, or grant subject to conditions the special
use. The county board may, by ordinance and without a further public hearing,
adopt any proposed special use on receiving the report or it may refer the
proposal back to the board of appeals for further consideration.
(e) The county board may, by ordinance, delegate to the board of appeals the
authority to grant special uses subject to the restrictions and requirements
of this Section. The ordinance may delegate the authority to grant all
special uses or to grant only certain classes of special uses while reserving
to the county board the authority to grant other classes of special uses. If
the county board enacts an ordinance delegating its authority, the board of
appeals must, after conducting the required public hearing,
issue a finding of fact and final decision in writing on the proposed special
use.
(Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
|
(55 ILCS 5/5-12014) (from Ch. 34, par. 5-12014)
Sec. 5-12014. Amendment of regulations and districts.
(a) For
purposes of this Section, the term "text amendment" means an amendment to
the text of a zoning ordinance, which affects the whole county, and the
term "map amendment" means an amendment to the map of a zoning ordinance,
which affects an individual parcel or parcels of land.
(b) The regulations imposed and the districts created under the
authority of this Division may be amended from time to time by ordinance or
resolution, after the ordinance or resolution establishing same has gone
into effect, but no such amendments shall be made without a hearing
before the board of appeals. At least 15 days notice of the time and
place of such hearing shall be published in a newspaper of general
circulation published in such county. Hearings on text amendments shall
be held in the court house of the county or other county building with more
adequate facilities for such hearings. Hearings on map amendments shall be
held in the township or road district affected by the terms of such
proposed amendment or in the court house, or other county building with
more adequate facilities for such hearings, of the county in which the
affected township or road district is located. Provided, that if the owner
of any property affected by such proposed map amendment so requests in
writing, such hearing shall be held in the township or road district
affected by the terms of such proposed amendment. Except as provided in
subsection (c), text amendments may be passed at a county board meeting by
a simple majority of the elected county board members, unless written
protests against the proposed text amendment are signed by 5% of the land
owners of the county, in which case such amendment shall not be passed
except by the favorable vote of 3/4 of all the members of the county board.
Except as provided in subsection (c), map amendments may be passed at a
county board meeting by a simple majority of the elected county board
members, except that in case of written protest against any proposed map
amendment that is either: (A) signed by the owner or owners of at least 20%
of the land to be rezoned, or (B) signed by the owner or owners of land
immediately touching, or immediately across a street, alley, or public
right-of-way from, at least 20% of the perimeter of the land to be rezoned,
or in cases where the land affected lies within 1 1/2 miles
of the limits of a zoned municipality, or in the case of a proposed text
amendment to the Zoning Ordinance, by resolution of the corporate
authorities of the zoned municipality with limits nearest adjacent,
filed with the county clerk, such amendment shall not be passed except
by the favorable vote of 3/4 of all the members of the county board, but
in counties in which the county board consists of 3 members only a 2/3
vote is required. In such cases, a copy of the written protest shall be
served by the protestor or protestors on the applicant for the proposed
amendment and a copy upon the applicant's attorney, if any, by certified
mail at the address of such applicant and attorney shown in the
application for the proposed amendment.
Notwithstanding any other provision of this Section, if a map amendment is
proposed solely to correct an error made by the county as a result of a
comprehensive rezoning by the county, the map amendments may be passed at a
county board meeting by a simple majority of the elected board.
Any notice required by this Section need
not include a metes and bounds legal description, provided that
the notice includes: (i) the common street address or addresses
and (ii) the property index number ("PIN") or numbers of all
the parcels of real property contained in the area for which
the variation is requested. (c) If a township located within a county with a population of less
than 600,000 has a plan commission and the plan commission objects to a
text amendment or a map amendment affecting an unincorporated area of the
township, then the township board of trustees may submit its written
objections to the county board within 30 days after the hearing before the
board of appeals, in which case the county board may not adopt the text
amendment or the map amendment affecting an unincorporated area of the
township except by the favorable vote of at least three-fourths of all the
members of the county board.
(Source: P.A. 98-205, eff. 8-9-13.)
|
(55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
Sec. 5-12017. Violations. In case any building or structure is
erected, constructed, reconstructed, altered, repaired, converted or
maintained or any building, structure or land is used in violation of this
Division or of any ordinance, resolution or other regulation
made under authority conferred thereby, the proper authorities of the
county or of the township in which the building, structure, or land is
located, or any person the value or use of whose property is or may be
affected by such violation, in addition to other remedies, may institute
any appropriate action or proceedings in the circuit court to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct, or abate such
violation, to prevent the occupancy of said building, structure or land or to
prevent any illegal act, conduct, business, or use in or about such premises.
Any person who violates the terms of any ordinance adopted under the
authority of this Division shall be guilty of a petty offense
punishable by a fine not to exceed $500, with each week the violation
remains uncorrected constituting a separate offense.
Except in relation to county-owned property, this Section does not authorize any suit against a county or its officials for any act relating to the administration, enforcement, or implementation of this Division or any ordinance, resolution, or other regulation adopted pursuant to this Division. (Source: P.A. 100-595, eff. 6-29-18.)
|
(55 ILCS 5/5-12020) Sec. 5-12020. Commercial wind energy facilities and commercial solar energy facilities. (a) As used in this Section: "Commercial solar energy facility" means a "commercial solar energy system" as defined in Section 10-720 of the Property Tax Code. "Commercial solar energy facility" does not mean a utility-scale solar energy facility being constructed at a site that was eligible to participate in a procurement event conducted by the Illinois Power Agency pursuant to subsection (c-5) of Section 1-75 of the Illinois Power Agency Act. "Commercial wind energy facility" means a wind energy conversion facility of equal or greater than 500 kilowatts in total nameplate generating capacity. "Commercial wind energy facility" includes a wind energy conversion facility seeking an extension of a permit to construct granted by a county or municipality before January 27, 2023 (the effective date of Public Act 102-1123). "Facility owner" means (i) a person with a direct ownership interest in a commercial wind energy facility or a commercial solar energy facility, or both, regardless of whether the person is involved in acquiring the necessary rights, permits, and approvals or otherwise planning for the construction and operation of the facility, and (ii) at the time the facility is being developed, a person who is acting as a developer of the facility by acquiring the necessary rights, permits, and approvals or by planning for the construction and operation of the facility, regardless of whether the person will own or operate the facility. "Nonparticipating property" means real property that is not a participating property. "Nonparticipating residence" means a residence that is located on nonparticipating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Occupied community building" means any one or more of the following buildings that is existing and occupied on the date that the application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county: a school, place of worship, day care facility, public library, or community center. "Participating property" means real property that is the subject of a written agreement between a facility owner and the owner of the real property that provides the facility owner an easement, option, lease, or license to use the real property for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating property" also includes real property that is owned by a facility owner for the purpose of constructing a commercial wind energy facility, a commercial solar energy facility, or supporting facilities. "Participating residence" means a residence that is located on participating property and that is existing and occupied on the date that an application for a permit to develop the commercial wind energy facility or the commercial solar energy facility is filed with the county. "Protected lands" means real property that is: (1) subject to a permanent conservation right |
| consistent with the Real Property Conservation Rights Act; or
|
|
(2) registered or designated as a nature preserve,
|
| buffer, or land and water reserve under the Illinois Natural Areas Preservation Act.
|
|
"Supporting facilities" means the transmission lines, substations, access roads, meteorological towers, storage containers, and equipment associated with the generation and storage of electricity by the commercial wind energy facility or commercial solar energy facility.
"Wind tower" includes the wind turbine tower, nacelle, and blades.
(b) Notwithstanding any other provision of law or whether the county has formed a zoning commission and adopted formal zoning under Section 5-12007, a county may establish standards for commercial wind energy facilities, commercial solar energy facilities, or both. The standards may include all of the requirements specified in this Section but may not include requirements for commercial wind energy facilities or commercial solar energy facilities that are more restrictive than specified in this Section. A county may also regulate the siting of commercial wind energy facilities with standards that are not more restrictive than the requirements specified in this Section in unincorporated areas of the county that are outside the zoning jurisdiction of a municipality and that are outside the 1.5-mile radius surrounding the zoning jurisdiction of a municipality.
(c) If a county has elected to establish standards under subsection (b), before the county grants siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, the county board of the county in which the facility is to be sited or the zoning board of appeals for the county shall hold at least one public hearing. The public hearing shall be conducted in accordance with the Open Meetings Act and shall be held not more than 60 days after the filing of the application for the facility. The county shall allow interested parties to a special use permit an opportunity to present evidence and to cross-examine witnesses at the hearing, but the county may impose reasonable restrictions on the public hearing, including reasonable time limitations on the presentation of evidence and the cross-examination of witnesses. The county shall also allow public comment at the public hearing in accordance with the Open Meetings Act. The county shall make its siting and permitting decisions not more than 30 days after the conclusion of the public hearing. Notice of the hearing shall be published in a newspaper of general circulation in the county. A facility owner must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to the date of the required public hearing. A commercial wind energy facility owner seeking an extension of a permit granted by a county prior to July 24, 2015 (the effective date of Public Act 99-132) must enter into an agricultural impact mitigation agreement with the Department of Agriculture prior to a decision by the county to grant the permit extension. Counties may allow test wind towers or test solar energy systems to be sited without formal approval by the county board.
(d) A county with an existing zoning ordinance in conflict with this Section shall amend that zoning ordinance to be in compliance with this Section within 120 days after January 27, 2023 (the effective date of Public Act 102-1123).
(e) A county may require:
(1) a wind tower of a commercial wind energy facility
|
| to be sited as follows, with setback distances measured from the center of the base of the wind tower:
|
|
Setback Description Setback Distance
Occupied Community 2.1 times the maximum blade tip
Buildings height of the wind tower to the
nearest point on the outside
wall of the structure
Participating Residences 1.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Nonparticipating Residences 2.1 times the maximum blade tip
height of the wind tower to the
nearest point on the outside
wall of the structure
Boundary Lines of None
Participating Property
Boundary Lines of 1.1 times the maximum blade tip
Nonparticipating Property height of the wind tower to the
nearest point on the property
line of the nonparticipating
property
Public Road Rights-of-Way 1.1 times the maximum blade tip
height of the wind tower
to the center point of the
public road right-of-way
Overhead Communication and 1.1 times the maximum blade tip
Electric Transmission height of the wind tower to the
and Distribution Facilities nearest edge of the property
(Not Including Overhead line, easement, or
Utility Service Lines to right-of-way
Individual Houses or containing the overhead line
Outbuildings)
Overhead Utility Service None
Lines to Individual
Houses or Outbuildings
Fish and Wildlife Areas 2.1 times the maximum blade
and Illinois Nature tip height of the wind tower
Preserve Commission to the nearest point on the
Protected Lands property line of the fish and
wildlife area or protected
land
This Section does not exempt or excuse compliance with
|
| electric facility clearances approved or required by the National Electrical Code, The National Electrical Safety Code, Illinois Commerce Commission, Federal Energy Regulatory Commission, and their designees or successors.
|
|
(2) a wind tower of a commercial wind energy facility
|
| to be sited so that industry standard computer modeling indicates that any occupied community building or nonparticipating residence will not experience more than 30 hours per year of shadow flicker under planned operating conditions;
|
|
(3) a commercial solar energy facility to be sited as
|
| follows, with setback distances measured from the nearest edge of any component of the facility:
|
|
Setback Description Setback Distance
Occupied Community 150 feet from the nearest
Buildings and Dwellings on point on the outside wall
Nonparticipating Properties of the structure
Boundary Lines of None
Participating Property
Public Road Rights-of-Way 50 feet from the nearest
edge
Boundary Lines of 50 feet to the nearest
Nonparticipating Property point on the property
line of the nonparticipating
property
(4) a commercial solar energy facility to be sited so
|
| that the facility's perimeter is enclosed by fencing having a height of at least 6 feet and no more than 25 feet; and
|
|
(5) a commercial solar energy facility to be sited so
|
| that no component of a solar panel has a height of more than 20 feet above ground when the solar energy facility's arrays are at full tilt.
|
|
The requirements set forth in this subsection (e) may be waived subject to the written consent of the owner of each affected nonparticipating property.
(f) A county may not set a sound limitation for wind towers in commercial wind energy facilities or any components in commercial solar energy facilities that is more restrictive than the sound limitations established by the Illinois Pollution Control Board under 35 Ill. Adm. Code Parts 900, 901, and 910.
(g) A county may not place any restriction on the installation or use of a commercial wind energy facility or a commercial solar energy facility unless it adopts an ordinance that complies with this Section. A county may not establish siting standards for supporting facilities that preclude development of commercial wind energy facilities or commercial solar energy facilities.
A request for siting approval or a special use permit for a commercial wind energy facility or a commercial solar energy facility, or modification of an approved siting or special use permit, shall be approved if the request is in compliance with the standards and conditions imposed in this Act, the zoning ordinance adopted consistent with this Code, and the conditions imposed under State and federal statutes and regulations.
(h) A county may not adopt zoning regulations that disallow, permanently or temporarily, commercial wind energy facilities or commercial solar energy facilities from being developed or operated in any district zoned to allow agricultural or industrial uses.
(i) A county may not require permit application fees for a commercial wind energy facility or commercial solar energy facility that are unreasonable. All application fees imposed by the county shall be consistent with fees for projects in the county with similar capital value and cost.
(j) Except as otherwise provided in this Section, a county shall not require standards for construction, decommissioning, or deconstruction of a commercial wind energy facility or commercial solar energy facility or related financial assurances that are more restrictive than those included in the Department of Agriculture's standard wind farm agricultural impact mitigation agreement, template 81818, or standard solar agricultural impact mitigation agreement, version 8.19.19, as applicable and in effect on December 31, 2022. The amount of any decommissioning payment shall be in accordance with the financial assurance required by those agricultural impact mitigation agreements.
(j-5) A commercial wind energy facility or a commercial solar energy facility shall file a farmland drainage plan with the county and impacted drainage districts outlining how surface and subsurface drainage of farmland will be restored during and following construction or deconstruction of the facility. The plan is to be created independently by the facility developer and shall include the location of any potentially impacted drainage district facilities to the extent this information is publicly available from the county or the drainage district, plans to repair any subsurface drainage affected during construction or deconstruction using procedures outlined in the agricultural impact mitigation agreement entered into by the commercial wind energy facility owner or commercial solar energy facility owner, and procedures for the repair and restoration of surface drainage affected during construction or deconstruction. All surface and subsurface damage shall be repaired as soon as reasonably practicable.
(k) A county may not condition approval of a commercial wind energy facility or commercial solar energy facility on a property value guarantee and may not require a facility owner to pay into a neighboring property devaluation escrow account.
(l) A county may require certain vegetative screening surrounding a commercial wind energy facility or commercial solar energy facility but may not require earthen berms or similar structures.
(m) A county may set blade tip height limitations for wind towers in commercial wind energy facilities but may not set a blade tip height limitation that is more restrictive than the height allowed under a Determination of No Hazard to Air Navigation by the Federal Aviation Administration under 14 CFR Part 77.
(n) A county may require that a commercial wind energy facility owner or commercial solar energy facility owner provide:
(1) the results and recommendations from consultation
|
| with the Illinois Department of Natural Resources that are obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool; and
|
|
(2) the results of the United States Fish and
|
| Wildlife Service's Information for Planning and Consulting environmental review or a comparable successor tool that is consistent with (i) the "U.S. Fish and Wildlife Service's Land-Based Wind Energy Guidelines" and (ii) any applicable United States Fish and Wildlife Service solar wildlife guidelines that have been subject to public review.
|
|
(o) A county may require a commercial wind energy facility or commercial solar energy facility to adhere to the recommendations provided by the Illinois Department of Natural Resources in an EcoCAT natural resource review report under 17 Ill. Adm. Code Part 1075.
(p) A county may require a facility owner to:
(1) demonstrate avoidance of protected lands as
|
| identified by the Illinois Department of Natural Resources and the Illinois Nature Preserve Commission; or
|
|
(2) consider the recommendations of the Illinois
|
| Department of Natural Resources for setbacks from protected lands, including areas identified by the Illinois Nature Preserve Commission.
|
|
(q) A county may require that a facility owner provide evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts on State-registered historic sites under the Illinois State Agency Historic Resources Preservation Act.
(r) To maximize community benefits, including, but not limited to, reduced stormwater runoff, flooding, and erosion at the ground mounted solar energy system, improved soil health, and increased foraging habitat for game birds, songbirds, and pollinators, a county may (1) require a commercial solar energy facility owner to plant, establish, and maintain for the life of the facility vegetative ground cover, consistent with the goals of the Pollinator-Friendly Solar Site Act and (2) require the submittal of a vegetation management plan that is in compliance with the agricultural impact mitigation agreement in the application to construct and operate a commercial solar energy facility in the county if the vegetative ground cover and vegetation management plan comply with the requirements of the underlying agreement with the landowner or landowners where the facility will be constructed.
No later than 90 days after January 27, 2023 (the effective date of Public Act 102-1123), the Illinois Department of Natural Resources shall develop guidelines for vegetation management plans that may be required under this subsection for commercial solar energy facilities. The guidelines must include guidance for short-term and long-term property management practices that provide and maintain native and non-invasive naturalized perennial vegetation to protect the health and well-being of pollinators.
(s) 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 wind energy facility or a commercial solar energy facility, the road use agreement shall require the facility owner to be responsible for (i) the reasonable cost of improving roads used by the facility owner to construct the commercial wind energy facility or the commercial solar energy facility and (ii) the reasonable cost of repairing roads used by the facility owner during construction of the commercial wind energy facility or 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 wind energy facility or 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 wind energy facility or 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.
(s-5) The facility owner shall also compensate landowners for crop losses or other agricultural damages resulting from damage to the drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair of all damage to the subsurface drainage system caused by the construction of the commercial wind energy facility or the commercial solar energy facility in accordance with the agriculture impact mitigation agreement requirements for repair of drainage. The commercial wind energy facility owner or commercial solar energy facility owner shall repair or pay for the repair and restoration of surface drainage caused by the construction or deconstruction of the commercial wind energy facility or the commercial solar energy facility as soon as reasonably practicable.
(t) Notwithstanding any other provision of law, a facility owner with siting approval from a county to construct a commercial wind energy facility or a commercial solar energy facility is authorized to cross or impact a drainage system, including, but not limited to, drainage tiles, open drainage ditches, culverts, and water gathering vaults, owned or under the control of a drainage district under the Illinois Drainage Code without obtaining prior agreement or approval from the drainage district in accordance with the farmland drainage plan required by subsection (j-5).
(u) The amendments to this Section adopted in Public Act 102-1123 do not apply to: (1) an application for siting approval or for a special use permit for a commercial wind energy facility or commercial solar energy facility if the application was submitted to a unit of local government before January 27, 2023 (the effective date of Public Act 102-1123); (2) a commercial wind energy facility or a commercial solar energy facility if the facility owner has submitted an agricultural impact mitigation agreement to the Department of Agriculture before January 27, 2023 (the effective date of Public Act 102-1123); or (3) a commercial wind energy or commercial solar energy development on property that is located within an enterprise zone certified under the Illinois Enterprise Zone Act, that was classified as industrial by the appropriate zoning authority on or before January 27, 2023, and that is located within 4 miles of the intersection of Interstate 88 and Interstate 39.
(Source: P.A. 102-1123, eff. 1-27-23; 103-81, eff. 6-9-23; 103-580, eff. 12-8-23.)
|