Chapter 7: Buildings and Building Regulations, Pools

Sec. 7-1. Copies of Codes Adopted by Reference

A copy of all Codes adopted in this Article by reference shall be on file in the office of the village clerk.

The ICC 2015 International Property Maintenance Code, together with any supplements and any
amendments thereto, along with the 2015 Regional Building Code Amendments, is hereby adopted by
reference as the building code for the village, pursuant to Ordinances 2015 -14 and Ordinance 2018 -7, as
though fully set forth herein. Copies of the ICC 2015 International Property Maintenance Code, together with
any supplements and amendments thereto, along with the 2015 Regional Building Code Amendments, shall
remain on file at the Village Hall for public review and inspection. (Ord. 2018-13; 8/27/18)

Sec. 7-2. Building code regulation

The International Building Code, 2015 Edition, in the same form as currently adopted by Winnebago
County, along with any supplements and amendments thereto as adopted by Winnebago County, is hereby
adopted by the Village and incorporated by reference, as though set forth fully in this chapter, along with any
codes and amendments approved in the future and adopted by Winnebago County.

Sec. 7-3. Preliminary Checklist for Building Permit

A non-refundable fee in the amount of $25.00 is required to be paid at the time a "Preliminary Checklist
for Building Permit" form is submitted to the Village. A completed application shall be reviewed by the
Village Zoning Administrator within seven (7) week days of the filing of said application. (Ord. 2020-16;

10/26/20)

Sec. 7-4. - 7-10. Reserved

Sec. 7-11. Copies of Codes Adopted by Reference

A copy of all Codes adopted in this Article by reference shall be on file in the office of the village clerk.

Sec. 7-12. Adopted

The National Electrical Code, 2014 edition, in the same form as currently adopted by Winnebago Country,
along with any supplements and amendments thereto as adopted by Winnebago Country, is herby adopted by
the Village and incorporated by reference, as though fully set forth in this chapter, along with any codes and
amendments approved in the future and adopted by Winnebago County. (Ord. 2019-11; 7/22/19)

Sec. 7-13. - 7-20. Reserved

Sec 7-21 Copies of codes Adopted by Reference.

A copy of all Codes adopted in this Article by reference shall be on file in the office of the Village Clerk.

Sec 7-22 Adopted.

The International Mechanical Code, 2015 Edition, in the same form as currently adopted by Winnebago
Country, along with any supplements and amendments thereto as adopted by Winnebago Country, is hereby
adopted by the Village and incorporated by reference, as though, fully set forth in this chapter, along with any
Codes and amendments approved in the future and adopted by Winnebago County. (Ord. 2019-11; 7/22/19)

Sec 7-23 - 7-30. Reserved.

Sec 7-31 Copies of Codes Adopted by Reference.

A copy of all Codes adopted in this Article by reference shall be on file in the office of the Village Clerk.

Sec 7-32 Adopted.

The International Residential Code for One and Two-Family Dwellings, 2015 Edition, in the same form as
currently adopted by Winnebago Country, along with any supplements and amendments thereto as adopted by
Winnebago Country, is hereby adopted by the Village and incorporated by reference, as though, fully set forth
in this chapter, along with any Codes and amendments approved in the future and adopted by Winnebago
County. (Ord. 2019-11; 7/22/19)

Sec. 7-33. - 7-40. Reserved

Sec. 7-41. Copes of Codes Adopted by Reference

A copy of all Codes adopted in this Article by reference shall be on file in the office of the Village Clerk.

Sec 7-42 Adopted.

The Illinois State Plumbing Code, 2014 Edition, in the same form as currently adopted by Winnebago
Country, along with any supplements and amendments thereto as adopted by Winnebago Country, is hereby
adopted by the Village and incorporated by reference, as though, fully set forth in this chapter, along with any
Codes and amendments approved in the future and adopted by Winnebago County. (Ord. 2019-11; 7/22/19)

Sec. 7-43. - 7-50. Reserved

Sec. 7-51. Copies of Codes Adopted by Reference

A copy of all Codes adopted in this Article by reference shall be on file in the office of the Village Clerk.

Sec. 7-52. Adopted

The International Property Maintenance Code, 2015 Edition, as published by the International Code
Council, in the same form as currently adopted by Winnebago Country, along with any supplements and
amendments thereto as adopted by Winnebago Country, is hereby adopted by the Village and incorporated by
reference, as though, fully set forth in this chapter, along with any Codes and amendments approved in the
future and adopted by Winnebago County. (Ord. 2019-11; 7/22/19)

Sec. 7-53. - 7-60. Reserved

Sec 7-61 Copies of codes adopted by reference.

A copy of all Codes adopted in this Article by reference shall be on file in the office of the Village Clerk.

Sec. 7-62. Adopted

The International Fuel Gas Code, 2015 Edition, in the same form as currently adopted by Winnebago
Country, along with any supplements and amendments thereto as adopted by Winnebago Country, is hereby
adopted by the Village and incorporated by reference, as though, fully set forth in this chapter, along with any
Codes and amendments approved in the future and adopted by Winnebago County. (Ord. 2019-11; 7/22/19)

Sec 7-63 - 7-70. Reserved.

Sec. 7-71. Demolition Permit - Requirements

A. To qualify for a demolition, permit the applicant and/or the property owner (s) must show proof that
utility services have been disconnected in accordance with the provisions and requirements of the
Village of Durand and all disconnections must be verified and approved by the appropriate party
designated by the Village of Durand. These utility services include, but are not limited to: Electrical,
Natural or Propane Gas, Water and Sewer. The applicant and the property owner(s) shall be
responsible for all damages that might result from a utility not being disconnected or not being
properly disconnected.

B. Demolition must be commenced within thirty (30) days from the date of issuance of the demolition
permit and must be completed and the applicant must remove all demolition debris within thirty (30)
days from the start of demolition. If additional time is required to remove the demolition debris an
application for extension bust be submitted to the Village Clerk in writing for review by the Village
Board of Trustees. If the demolition debris is not removed within the time herein stated or within the
additional extended time that may be allowed as herein provided, the demolition debris shall be
considered a nuisance and punishable in accordance with Section 1-7 of this code (previously

Sec. 7-9. - Demolition Permit - Requirements). (Ord. 2019-11; 7/22/19)

Sec 7-72 General Regulations.

A permit shall be required before construction can begin on any fence within the Village of Durand.
Permit Applications are available at the Village Hall.

A non-refundable fee in the amount of $25.00 is required to be paid at the time a fence permit application
is filed. A completed application shall be reviewed by the Superintendent of Public Works within seven (7)
week days of the filing of said application.

The Superintendent of Public Works shall accept or reject the fence permit application within fourteen
(14) days after the filing of the fence application. All rejected applications shall be reviewed by the Streets and
Alleys Committee which shall notify the Superintendent of Public Works of its recommendations. In the event
that the said Committee’s recommendation is anything other than to reject the application, the Superintendent
of Public Works shall reevaluate the application within seven (7) days of receipt of the said committee’s
recommendation as to the acceptance or rejection of the application. All applicants whose fence permit
applications have been denied shall have the right to request that the rejected application be reviewed by the
Village Board.

Applicants shall be notified in writing of the acceptance of the application.

Applicants whose application has been rejected shall have a one -time opportunity to file an amended
application without fee and which amended application shall be accepted or rejected as provided above for
original applications. Applicants shall be notified in writing of the acceptance or rejection of the amended
application.

All applications, rejected or accepted, shall be kept on file by the Village Clerk.

Once approved, an application shall remain valid for the period of one (1) year. Should an applicant wish
to renew an approved application, a non -refundable fee in the amount of $20.00 is required to be paid prior to
the expiration of said permit.

Fences are to be erected with the support members on the side of the fence facing the property to which
the fence is accessory.

The finished or good side of the fence shall face the adjoining property.

All fences shall be repaired and maintained to ensure the integrity of the fence.

Fences shall be installed so as to not interfere or impeded the flow of surface drainage.

Fences shall not be erected or installed in easements unless permission is granted in writing by the entity
or authority having the right to the use of that easement. If permission is granted to construct a fence by any
such entity or authority, that entity or authority shall not be responsible for the re -installation of the fence due
to the entity or authority exercising its easement rights. ( Previously

Sec. 7-10. - Fences, General regulations)

(Ord. 2019-11; 7/22/19)

Sec. 7-73. Use of Streets

A permit for the use of streets for the storage of materials in the process of construction or alteration of
building or structure may be granted where the same will not unduly interfere with traffic and will not reduce
the usable width of the roadway to less than eighteen (18) feet. No portion of the street other than that directly
abutting on the premises on which work is being done shall be used except with the consent of the owner or
occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall file
an application for a permit therefore with the Village Clerk, together with a bond with sureties to be approved
by the Village Clerk to indemnify the Village for any loss or damage which may occur by such occupation
(previously

Sec. 7-15. - Use of Streets)

Sec. 7-74. Use of Sidewalks

No sidewalk shall be obstructed in the course of building construction or alteration without a special
permit from the Village Clerk, and whenever removal of a sidewalk is required, in such work, a special permit
from the building official shall be obtained. (Previously

Sec. 7-16. - Use of Sidewalks)

Sec. 7-75. Safety Precautions

It shall be the duty of the person doing any construction, altering or wrecking work in the Village to do the
same with proper care for the safety of persons and property. Warnings, barricades, and lights shall be
maintained whenever necessary for the protection of pedestrians or traffic; and temporary roofs over the
sidewalks shall be constructed whenever there is danger, from falling articles or materials, to pedestrians.
(Previously

Sec. 7-17. - Safety Precautions)

Sec. 7-76. Night Operations

No construction or altering operations shall be carried on in the nighttime if the same are accompanied by
loud noises. (previously

Sec. 7-18. - Night Operations) (Ord. 2019-11; 7/22/19)

Sec. 7-77. - 7-80. Reserved

Sec. 7-81. Moving Buildings

Anyone intending to move a building consisting of 100 square feet or more within the Village of Durand
shall, at least seven (7) days prior to the move, notify the Village Clerk in writing of the date and time of the
intended move, the name, address and telephone number of the person(s) or company responsible for the
move, the location of the building to be moved and its destination, as well as the proposed route and the
number of days it is intended that the building shall occupy any portion of any street, sidewalk, or other public
pass within the Village. (Previously

Sec. 7-34. -Moving Buildings)

Sec. 7-82. Penalties

Any person convicted of a violation of any section contained in Article XI should be subject to a
mandatory fine of two hundred fifty dollars ($250.00). ( Previously contained in Sec. 7 -34 - Moving
Buildings) (Ord. 2019-11; 7/22/19)

Sec. 7-83. - 7-90. Reserved

Sec. 7-91. Swimming Pool Defined

A swimming pool shall mean any structure intended for swimming or recreational bathing that contains
water over 24 inches deep. This includes in -ground and above-ground swimming pools. Such pools shall be
used solely for the enjoyment of the occupants of the premises on which they are located and their guests and
not for instruction or profit. Portable wading pools (Kiddie Pools) having a depth of 24 inches or less shall not
be considered to be “Swimming Pools” as applies to this Ordinance. ( Previously

Sec. 7-57. - Swimming Pool

Defined)

Sec. 7-92. Permit Required

No person shall construct or cause to be construed a swimming pool with a capacity of two thousand five
hundred (2,500) gallons or more on any lot or premises within the Village without first obtaining a permit from
the Village of Durand. The cost of the pool permit shall be $25.00, payable when the application for pool
permit is filed. No additional fee shall be charged for the simultaneous filing of an application for a fence
permit filed for the construction of a fence to enclose the pool referred to in the pool permit application.
(Previously

Sec. 7-58. - Permit Required)

Sec. 7-93. Plans; Approval

A written application for a pool permit shall be signed by an owner of the lot or premises on which the
pool is proposed to be constructed, a beneficial owner of the lot or premises if the property is owned by a trust,
or by the contractor or installer of the work to be performed and shall be filed with the Village Clerk and shall
be accompanied by plans and specifications sufficiently detailed to enable determination of compliance with
all requirements of this Article XII and shall include plans and specifications for the existence or construction
of an enclosure (barrier) by proper fencing or other means as a safety measure. No swimming pool shall be
constructed until the plans and specifications for same have been approved by the Superintendent of Public
Works.

No swimming pool shall be constructed closer than ten (10) feet on any side -yard or fifteen (15) feet from
any backyard property lien. Swimming pools shall not be constructed in any front yard.

Application shall be on form(s) provided by the Village and shall be accompanied by the plans and
specifications as hereinabove required and which plans and specifications shall also show the following:

a. Location of the pool on the lot and distance from lot lines.

b. Location, type, size of fence and gate location(s).

c. NORTH orientation arrow. (Previously

Sec. 7-59. - Plans; Approval)

Sec. 7-94. Enclosures; Barriers

All swimming pools are required to be enclosed by a fence (barrier) or other structure. The following shall
also apply:

a. The owner(s) of the lot or premises upon which a swimming pool is located or the beneficial
owner(s) of the lot or premises if the property is owned by a trust and the tenant(s) of the lot or
premise, in the event the lot or premises is occupied by a tenant(s), shall, at all times, maintain on
such lot or premises a fence (barrier) or other structure completely surrounding the swimming
pool. The fence (barrier) or other structure shall not be less than six (6) feet in height for in -
ground pools and for (4) feet in height for above -ground pools that do not have a fence (barrier)
mounted on top of the fool structure as herein permitted. The fence (barrier) shall have no gaps or
apertures, other than door or gates, with any dimensions greater than four (4) inches.

b. Where the top of the pool is above grade by more than two (2) feet, such as an above-ground pool,
the fence (barrier) may be a part of or mounted on top of the pool structure. Where the fence
(barrier) is mounted in top of the pool structure, and access to the pool is by means of a ladder or
steps, the maximum vertical clearance between the top of the pool structure and the bottom of the
fence (barrier) shall be four (4) inches. The top of the fence (barrier) shall not be less than four
(4) feet in height from the top of the pool structure to the ground immediately adjacent to any part
of the pool structure. The ladder or steps shall be capable of being secured, locked or removed to
prevent access. When the ladder or steps are secured, locked or removed, any opening shall not
allow the passage of a four (4) inch sphere.

c. Openings in the fence (barrier) or other structure shall not allow the passage of a four (4) inch
sphere.

d. Solid barriers such as masonry or stonewall shall not contain indentations or protrusions except
for normal construction tolerances and tooled masonry joints.

e. Chain link fences used as the barrier shall not be less than eleven (11) gauge and have a maximum
mesh size of one and three-quarter (1-3/4) inches measured horizontally.

f. All gates or doors opening through a fence (barrier) or other structure shall be equipped with self-
closing and self-latching devices placed at the top of such gates or doors and made inaccessible to
small children. Such devices shall be so designed to be capable of keeping such doors or gates
securely closed at all times when not in actual use; provided, however, that the door of any
dwelling forming a part of the enclosure need not be so equipped. All gates and doors through
which the swimming pool can be accessed must be kept closed and locked when the swimming
pool is not in use. The owner(s) of the lot or premises on which a swimming pool is located or
the beneficial owner(s) of the lot or premises, in the event the property is owned by a trust, or, in
the event the lot or premises is occupied by a tenant(s), the tenant(s) occupying the said premises,
shall be the person(s) responsible for keeping the gates and doors through which the swimming
pool can be accessed, closed and locked at all times when the swimming pool is not in use
(previously

Sec. 7-60. - Enclosures; (Barriers))

Sec. 7.95. Discharge of Pool Water.

It shall be unlawful for any person to discharge any water from a swimming pool into the sanitary sewer
system within the Village of Durand. All water from swimming pools shall be discharged into the storm sewer
system within the Village of Durand. (Previously

Sec. 7-62. - Discharge of Pool Water)

Sec. 7-96. Noise

The owner(s) of the lot or premises on which a swimming pool is located or the beneficial owner(s) of the
lot or premises, in the event the property is owned by a trust, or, in the even the property is occupied by a
tenant(s), the tenant(s) occupying the said lot or premises, shall be responsible to limit the number of persons
using the pool at any one time, the hours the pool is used and the conduct of the persons using the pool so that
the noise, in relation to the time of the day and the proximity of adjacent houses, will be reasonable and the
occupants of adjacent properties will not be unreasonably disturbed. (Previously

Sec. 7-63. - Noise)

Sec. 7-97. Health Safety Responsibilities

Every swimming pool shall be provided with a water purification or filtration system and the water in all
pools shall be sterilized by chlorination or by other means. The owner(s) of the lot or premises on which a
swimming pool is located or the beneficial owner(s) of the lot or premises, in the event the property is owned
by a trust, or, in the event the premises is occupied by a tenant(s), the tenant(s) occupying the said premises,
shall not allow anyone to swim or bathe in the swimming pool unless adequate public health measures are
periodically taken to ensure that the use of the pool shall not cause the spread of disease. (Previously

Sec. 7-64. - Health Safety Responsibilities)

Sec. 7-98. Penalties

Construction, operation or maintenance of a swimming pool in violation of any section contained in this
Article XII shall be guilty of a misdemeanor. Every day that a violation continues shall be a separate offense.
Each offense shall be punishable by a fine of not less than twenty -five dollars ($25.00) nor more than one
hundred dollars ($100.00). (Previously

Sec. 7-65. ). (Ord. 2019-11; 7/22/19)

Sec. 7-99. - 7-100. Reserved

Sec. 7-101. Compliance Required; Application of Article

It shall be unlawful to construct, maintain, or install a solar energy system in the Village of Durand
except in compliance with the provisions of this Article.

Sec. 7-102. Adherence to Design Standards

The general design and permitting standards applicable to all construction, maintenance and repair work
in the Village of Durand shall apply to the installation of a solar energy system, including, but not limited to,
the current Mechanical and Electrical Codes. The provisions of this Article shall be deemed to be requirements
in addition to said general standards, provided, however, that where there is a conflict between the provisions
of this Article and the provisions of another Article or Chapter, the provisions set forth in this Article shall be
deemed to supersede any such conflicting provision as it pe11ains to the installation, maintenance, or repair of
a solar energy system.

Sec. 7-103. Roof-Mounted PV Arrays

A. In addition to the general design standards applicable to all installations of structural or electrical
components in the Village of Durand, roof mounted PV arrays shall further comply with the following
design and installation requirements set forth in this section.

B. No roof-mounted PV array shall be constructed in a manner which creates an increased risk of falling
ice or snow, or which causes water to follow directly from any panel to ground level.

C. For purposes of this section, a "pitched roof' shall be any roof with an angle of more than 12.00
degrees inclination as measured from the horizon. ;'Flat roof' shall be defined as any roof with an
angle of 12.00 degrees or lower.

D. Height and Angle Restrictions

a. For pitched roof installations

i. The highest edge of a PV array mounted on a pitched roof shall not exceed the height
of the ridge of the roof section upon which the PV array is installed.

ii. No panel shall be installed more than ten inches above, as measured perpendicular to
the pitch, the existing roof surface.

iii. All panels shall be installed at an angle which does not differ from the angle of the
roof pitch by more than five degrees when measured against the horizon.

iv. All PV arrays shall be mounted or affixed directly to a truss or suppo11 beam, and
shall not be secured to the roof using only a decking anchor or mount.

b. For flat roof installations

i. The highest edge of a PV array mounted on a flat roof shall not exceed fifteen feet
beyond the existing roofline. The height of a PV array shall not be included in the
height of the building for purposes of computing the height of a flat roof building.

ii. Non-ballasted roof-mounted PV arrays shall be mounted or affixed directly to a truss
or support beam, and shall not be secured to the roof using only a decking anchor or
mount.

iii. Ballasted roof-mounted PV arrays may be used provided that the structure on which
they are to be located is structurally sufficient to support the added load stresses,
including dead load, wind load, and rain/snow loads.

E. Setbacks and Pathways. All roof -mounted PV a rrays shall observe setbacks and provide structurally
supported, unobstructed pathways in accordance with this subsection.

a. Pitched roof installations - large. Where the total coverage of a PV array exceeds 1,000
square feet on any building with a pitched roof:

i. No collector panel or mounting device shall extend closer than thirty -six inches to
the edge of the roof as measured from the nearest edge of the roof to the solar array
or mounting apparatus.

ii. An obstructed walkway from eave to ridge no less than thirty -six inches shall be
provided at regular intervals of no more than seventy -five feet if any PV array
exceeds one hundred feet in length as measured parallel to the nearest ridgeline.

iii. A minimum of an eighteen -inch unobstructed pathway shall be maintained along
each side of any ridge or valley (total thirty-six inch minimum width) and around any
roof-mounted equipment, not including passive air vents.

b. Pitched roof installations - small. Where the total coverage of a PV array does not exceed
1,000 square feet on any building with a pitched roof:

i. If the total coverage of the PV array is less than twenty -five percent of the total area
of the roof area of the structure, a minimum of a twelve -inch unobstructed pathway
shall be maintained along any horizontal ridge, and along any roof edge as measured
from the nearest edge of the roof to the solar array or mounting apparatus.

ii. If the total coverage area of the PV a rray is twenty-five percent or more of the total
area of the roof area of the structure, a minimum of a twelve -inch unobstructed
pathway shall be maintained along any horizontal ridge, and along any roof edge as
measured from the nearest edge of the roof to the solar array or mounting apparatus.
A minimum thirty -six inch unobstructed pathway shall be provided from ridge to
eave on any roof face on which a PV array is installed.

c. Flat roof installations. On any building with a flat roof:

i. No collector panel or mounting device shall extend closer than thirty -six inches to
the edge of the roof as measured from the nearest edge of the roof to the solar array
or mounting apparatus.

ii. No collector panel or mounting device shall be placed closer than thirty­ six inches
from any roof-mounted equipment.

iii. Any PV array exceeding 4,000 square feet in area shall provide unobstructed

pathways of no less than thirty -six inches at regular intervals of no more than fifty
feet.

F. Historic Buildings. No roof -mounted PV array shall be installed on any building or structure which
has been designated as a historic landmark.

Sec. 7-104. Ground-Mounted PV Arrays

A. In addition to the general design standards applicable to all installations of structural or electrical
components in the Village of Durand, ground -mounted PV arrays shall further comply with the
following design and installation requirements set forth in this section.

B. Height Restrictions. No portion of a ground mounted PY array shall be taller than fifteen feet when
measured from the ground to the highest point of a panel, at the highest angle of tilt, unless otherwise
further limited by specific site requirements.

C. Setbacks and Pathways. No ground mounted PY array shall be mounted within any required front
yards. No pathways shall be required except as required for general maintenance of panels. Inside and
rear yards, any ground mounted PY array shall be set back a minimum often feet from any property
line.

D. Drainage. No ground mounted PY array shall be constructed in a manner which increases drainage
flow to any adjacent property. If the applicant provides a written report from a qualified professional
engineer which indicates that the proposed installation will not increase water flow rates from the
applicant's prope1ty, this requirement shall be deemed satisfied for purposes of issuance of the pem1it
only.

E. Historic Districts. No ground mounted PY array shall be installed in a Historic District.

F. Solar Canopies. A solar canopy shall not be deemed a ground mounted PY array for purposes of these
ordinances.

Sec. 7-105. Building-Mounted PV Arrays

A. Building-mounted PY arrays which are mounted parallel with a wall of a building or structure shall be
installed and regulated in the same manner as marquees.

B. Building-mounted PY arrays which are not mounted flush to, or parallel with, a wall of a building or
structure shall be installed and regulated in the same manner as canopies.

Sec. 7-106. Building-Integrated PV Arrays

Building-integrated PY arrays which are mounted in direct contact with a wall or rooftop of a building,
and affixed directly thereto, shall be treated as part of the structure, constituting a building facade, siding or
roofing material, as the case may be, and shall be installed and regulated in the same manner as other design or
structural elements generally.

Sec. 7-107. Permit Applications

A permit application requested pursuant to this Article shall contain at minimum the following
info1mation, plus any such additional information as may be required for mid -scale and large scale solar
energy systems as provided for in Sections 7-108 and 7-109.

a. Name and address of the applicant;

b. Name(s) and address(es) of owner(s) of proposed site;

c. For small solar energy systems, a detailed sketch, generally to scale, of the entire lot, including any
buildings and accessory structures, applicable setbacks, adjacent roadways and showing the location
of all planned PY arrays;

d. The manufacturer, type and nameplate capacity of all photovoltaic panels to be used in the project;

e. Total nameplate capacity of the solar energy system;

f. An indication of whether the applicant has obtained an interconnection agreement with the appropriate
regional transmission organization, whether the electricity will be distributed privately, or whether the
electricity will be consumed on site;

g. Types of mounts to be used (fixed or tracking);

h. The maximum height of panels at maximum inclination as mounted;

i. Type of groundcover to be utilized for any ground mounted PV array;

j. Name of installer.

Sec. 7-108. Additional Provisions Applicable to Mid Scale Solar Energy Systems

Mid-scale solar energy systems shall comply with the provisions of this section, in addition to the
provisions pertaining to solar energy systems and PV an-ays generally. Provided, the provisions of this section
shall only be applicable to mid-scale solar energy systems and large-scale solar energy systems.

A. If the owner of the solar energy system is not the owner of the parcel on which it will be situated:

a. A copy of the executed lease shall be provided at the time of application. Said lease may
provide redacted provisions concerning the amount of rents to be paid;

b. If not contained in the lease, a proposed decommissioning plan for the removal of all PV
arrays and related equipment upon cessation of use shall be provided;

c. The permit application shall be co -signed by the owner of the parcel on which the solar
energy system is to be located.

B. The building permit application shall include, in addition to the information required by Section 7 -
107, the following information:

a. A detailed, cotTect-to-scale site plan indicating:

i. The location and size of all proposed PV aITays (an outline shall suffice);

ii. Location of any property lines within the project boundaries;

iii. Location of any proposed buildings or ancillary structures;

iv. Location of all relevant setbacks;

v. Location of any easements for ingress, egress, drainage, stonnwater detention or
otherwise;

vi. The location and name of adjacent roadways;

vii. All proposed points of vehicular ingress and egress;

viii. Location and type of any proposed landscape screening;

ix. Any proposed changes to grade or elevation;

x. Location of all power inverters, control units, and other electrical equipment;

xi. Location of substation, if any;

xii. Point of grid interconnection, if any;

xiii. Location of transmission lines, both existing and proposed;

xiv. Location of any occupied buildings within the project area or on any adjacent
properties located within 200 feet of any project area boundary;

xv. Location and type of lighting;

xvi. Location, height, and type of any fencing.

b. Contact information for the project manager or site supervisor;

c. Plans, if any, for traffic control and/or requested roadway closures during construction;

d. The expected dates for start and completion of constrnction;

e. A written report from a qualified professional engineer which indicates that the proposed
installation will not increase water flow rates from the applicant's property;

f. If any po1tion of the proposed site is within 500 feet of an airpo1t, or is located within an
identified Runway Protection Zone (RPZ), a Solar Glare Hazard Analysis Tool (SGHAT)

report consistent with the FAA's then-cu1Tent policy on solar energy projects;

g. A plan for operation and maintenance of the solar energy system, setting forth, at a minimum,
the following:

i. Measures for maintaining safe and secure access to the site;

ii. General procedures for operational maintenance of the site;

iii. Stormwater management plans

C. Any equipment necessary to the regulation, storage or control of electricity shall be enclosed in a
primary building or accessory structure, unless othe1wise required to be exposed to view for purposes
of compliance with applicable code provisions or by interconnection or metering requirements
imposed by any public utility.

D. No additional overhead power lines shall be permitted to be installed. If additional power lines are
needed for grid connection, the installation shall be underground only.
E. Perennial vegetation, consisting of grasses and wildflowers native to the region, shall be maintained at
all times as ground cover beneath any ground mounted PV a1Tays.

Sec. 7-109. Additional Provisions Applicable to Large Scale Solar Energy Systems

Mid-scale solar energy systems shall comply with the provisions of this section, in addition to the
provisions pertaining to solar energy systems and PV a rrays generally. Provided, the provisions of this section
shall only be applicable to mid-scale solar energy systems and large-scale solar energy systems.

A. The permit application shall contain, at a minimum, the following:

a. All items required to be submitted as part of the permit application for mid scale solar energy
systems as set forth in Section 7-107 and 7-108.

b. A statement of the date and location of the planned meeting required under subsection (c) of
this section, which date shall be not less than seven days, nor more than sixty days after the
date of filing the application.

c. If the proposed site is more than five acres, an Ecological Assessment Tool (EcoCAT) report
from the Illinois Department of Natural Resources conducted within two years prior to the
filing of the application, indicating that there are no threatened or endangered species or
natural areas in the vicinity of the project or, if so, that adverse effects are unlikely pursuant
to the proposed site plan or other measures taken to address concerns raised by the
consulation.

d. A plan for operation and maintenance of the solar energy system, setting forth, at a minimum
the following:

i. Measures for maintaining safe and secure access to the site;

ii. General procedures for operational maintenance of the site;

iii. An emergency response plan;

iv. Stormwater management plans;

v. Landscape maintenance plans and arrangements;

vi. On-site staffing; if applicable

e. A decommissioning plan for removal of all PV arrays and equipment upon cessation of
operations, indicating the party financially responsible for such removal.

i. A public meeting shall be held by the applicant prior to the approval of any
application for the construction of a large scale solar energy system, in accordance
with the provisions of this section:

1. The meeting shall be held at a suitable location within the corporate limits of
the Village of Durand.
2. All owners of prope1ty directly adjacent to the property on which the large
solar energy system is to be constructed shall be provided notice of the
meeting in the form required by subsection ( 4) hereof, via certified mail,
return receipt requested, addressed to the owner of each such property as
indicated upon the Winnebago County Assessor's records as of the date of
mailing, at the address so indicated for such persons, of the date and time of
the meeting. A copy of said notice shall also be provided to Winnebago
County. The applicant shall provide all original certified mail receipts to
Winnebago County upon request.

3. In addition to the mailed notice required under subsection (b)(2) above, a
notice shall be published no less than one time in a newspaper of general
circulation within the Village of Durand in the form required by subsection
(b)(4).

4. The notice required by this section shall be in substantially the following
form:

YOU ARE HEREBY NOTIFIED that [Applicant] is requesting the issuance of a building permit for the
construction of a Solar Energy System exceeding one acre in total coverage, at [Address of Site]. A meeting to
present and discuss the site plan and provide an oppo1tunity for public comment will be held at [Location of
Meeting], at [Date and Time of Meeting]. THIS WILL BE YOUR ONLY OPPORTUNITY TO PRESENT
CONCERNS OR OBJECTIONS TO THE PROJECT.

5. At the time and place of the meeting, the applicant (or an appropriate
representative thereof if applicant is a business entity) shall be present and
provide a detailed explanation of the proposed project, which shall include,
at a minimum:

a. A copy of a completed pennit application, including a full-sized site
plan, in the form and containing all of the info1mation required for
the permit application by Section 7 -109(a), available for review by
attendees for a reasonable time before and after the meeting.

b. An opportunity for attendees to ask questions, and answers thereto
provided in a meaningful and informative manner.

c. Contact information for the applicant, or applicant's representative
responsible for public inquiries, for the purpose of registering
concerns or issues regarding construction, maintenance, or
operations.

d. Contact information for Winnebago County.

Sec. 7-110. Permit Review

The Village of Durand, or its designee, shall review the permit application, all supporting documentation,
and comments, if any provided by adjoining landowners at the meeting required hereby, if applicable.

A. If an application is complete, and all applicable requirements of this chapter are met, including, but
not limited to, applicable Electrical and Building Codes, the Village of Durand, or its designee, shall
promptly issue a permit for the construction of the facility in accordance with the application.
Provided that if the Village of Durand, or its designee, in its reasonably exercised discretion, believes
that any portion of the application is incomplete, or any element thereof is deemed deficient in terms
of compliance with accepted trade practices or the interests of public safety, the Village of Durand, or
its designee, may deny the application, subject to the provisions of subsection (b) of this section.

B. In the event the Village of Durand, or its designee, denies any application, the Village of Durand, or
its designee, may either deny the application outright, or in the alternative, may require alterations or
additions to the proposed site plan or application to address any such issues. In either such case, the
Village of Durand, or its designee, shall provide written findings indicating the reasons for the denial,
and the revisions or remedies to the proposed installation, if any, which it deems necessary in order to
allow a permit to issue.

C. Any decision to approve or deny an application, or requiring modifications to the site plan as a
condition to approval, shall be provided to the applicant within fourteen days of (a) submission of the
completed application or (b) the date of the public meeting if required by Section 7 -109(b) in the case
of a large scale solar system.

D. If the applicant does not agree with any finding or condition imposed by the Village of Durand, or its
designee, the applicant may appeal the decision of the Village of Durand, or its designee in the matter
provided for appeals for permit denials generally under these Codified Ordinances. Provided, that any
application which is complete shall be presumed valid for purposes of any appeal, and the burden shall
be on the Village of Duran, or its designee, to show by a preponderance of the evidence that the
proposed installation, or a component thereof, is not in accordance with accepted trade practices or

will create a danger to public health or safety.

E. A permit review fee shall be payable at the time of application for any permit, according to the
following schedule:

a. Small scale systems: $25.00

b. Mid-scale systems: $75.00

c. Large scale systems, less than 5 acres: $125.00

d. Large scale systems, greater than 5 acres: $250.00

Sec. 7-111. Operations

A. Solar energy systems shall be operated in conjunction with all health and safety regulations applicable
to other properties within the corporate limits of the Village.

B. The operator of a solar energy system shall be responsible to take all reasonably necessary steps to
ensure public health and safety as it pertains to any electrical connections, transmission lines, or
equipment located upon or adjacent to, any public right-of-way or easement.

C. Any PV array which has not been utilized for more than one year, shall be removed, along with any
mounting hardware, any below -grade foundations, and exposed wiring, at the expense of the
landowner on which the PV anay is located. This provision shall apply regardless of any cost shifting
provision contained in a contract between the property owner and the operator of the solar energy
system concerning decommissioning.

D. With respect to mid scale solar energy systems and large scale solar energy systems, the operator
shall:

a. Control access to the property, by persons and/or wildlife, in order to prevent any public
nuisance or hazard to public health and safety;

b. Provide access to the project area by emergency management and law enforcement personnel
at all times;

c. Ensure that any approved lighting is maintained in operating condition.

Sec. 7-112. Solar Access

In order to preserve access to solar resources by all residents, the following provisions restrict the
construction of structures on adjacent lots which may cause a significant decrease in the amount of available
sunlight to a particular lot.

A. Solar Access Areas. Two solar access areas are hereby established as defined below. The purpose of
dividing the Village into solar access areas it to provide solar access protection for each area of the
Village consistent with planned densities, topography, and lot configuration and orientations.

a. Solar access area I (SA -1)- SA-I is designed to protect solar access principally for residential
areas where, because of planned density, topography or lot configurations or orientations, the
preponderance of lots therein cu rrently enjoys such access and where solar access of this
nature would not unduly restrict permissible development. SA -I includes all property in all
Residential, Professional Use, and Agricultural Districts.

b. Solar access area II (SA -2) - SA-2 is designed to protect solar access principally for rooftops
in areas where, because of planned density, topography or lot configuration or orientation, the
preponderance of lots therein currently enjoys such access and where solar access of this
nature would not unduly restrict permissible development. SA -2 includes all property not
included in SA-I.

B. Solar Access Protection.

a. Solar fence. A solar fence is hereby hypothesized for each lot located in the Village. Each
solar fence completely encloses the lot in question, and its foundation is contiguous with the
lot lines. Such fence is vertical, is opaque and lacks any thickness. Said concept shall be
applied to all calculations required by this section. The term - solar fence - as used
throughout this section shall refer to such hypothetical fence specifically as described in this
subsection.

b. No person shall erect an object or structure on any other lot that would shadow a protected lot
in SA - I to a greater degree than the lot would be shaded by a solar fence twelve feet in
height, between two hours before and two hours after local solar noon on a clear winter
solstice day.

c. No person shall erect an object or structure on any other lot that would shade a protected lot
in SA-2 to a greater degree than the lot would be shaded by a solar fence twenty -five feet in
height, between two hours before and two hours after local solar noon on a clear winter
solstice day.

d. Maximum height. Notwithstanding anything to the contrary contained herein, nothing in this
section prevents a structure in SA-1 from being erected up to a height of twenty-five feet, or a
structure in SA -2 from being erected up to a height of thirty -five feet, if located within the
allowed buildable area of the lot.

e. Any application for a variance of any requirement of this section shall include, in addition to
the requirements for variations generally as set forth in these Codified Ordinances, the
following:

i. A graphic representation showing the shadows that would be cast by the proposed
structure between two hours before and two hours after local solar noon on a clear
winter solstice day;

ii. The solar fences on all lots that the shadows would touch;

iii. All possible obstructions of solar access protected by permit; and

iv. Provide additional information as may be required by the Village of Durand or its
designee.

f. Existing structures. A structure in existence on the date of establishment of an applicable
solar access area, or structures and vegetation in existence on the date of issuance of an
applicable solar access permit, are exempt from the application of this section. For purposes
of this section, structures are deemed to be in existence on the date of issuance of a
development permit authorizing its construction.

g. Temporary solar obstructions. Unavoidable temporary obstructions of protected solar access
necessitated by construction activities or other necessary and lawful purposes are exempt to
the extent that they do not exceed ten days in any three month period and thirty days in any
year.

h. Solar analysis. When a solar analysis is required for any review process, it shall be prepared
in compliance with the methods described in materials provided by the Village of Durand or
its designee.

Sec. 7-113. Licensed Contractors

No work shall be performed on any solar energy system, no any component thereof, by any person who is
not a licensed commercial contractor. (Ord. 2020-4; 4/30/20)