ZBA conditions call for stormwater management at permit stage, decommissioning plan and setbacks, screening and fencing requirements

5371139 · July 12, 2025

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Summary

The board required a stormwater management plan approved by the county engineer prior to building permits (deferment granted to permit stage), adopted the applicants' decommissioning plan and cost estimates, and set specific setbacks, screening and fencing requirements, including an 8‑foot perimeter fence.

The ZBA’s findings record addresses construction‑stage requirements, site restoration and setbacks.

On stormwater, the ZBA granted a deferment of the ordinance provision that requires a county‑engineer‑approved stormwater management plan at the application stage; the board required the plan to be submitted and approved before any building permits will be issued. The motion passed with unanimous assent among the three seated members.

The petitioner’s decommissioning plan and accompanying cost estimates were admitted and the board adopted the plan’s principal elements. The record states the developer will remove solar arrays, enclosures, cabling, electrical components, roads, pilings and foundations and will restore the site “generally” to preconstruction topography and vegetative conditions; the ZBA noted petitioners’ language that removal should be to a depth of up to five feet will be part of permit‑stage obligations.

The ZBA adopted specific setback and screening recommendations as conditions: the board adopted the petitioner’s stated setbacks for participating and nonparticipating parcels noted in the application and found that the application did not always allow independent verification from the site plan; it required vegetative screening along the western boundary and added northern Rock Island Road screening if petitioners elected that option. On fencing the ZBA accepted the petitioners’ corrected testimony that the perimeter fence will be 8 feet high and adopted IDNR guidance about wildlife‑friendly fencing (no barbed wire; small gaps near public access to allow wildlife movement). The board also required visible signage, reflectors on guy wires and other safety devices.