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4. Discussion on amendment to development code for community solar 100 N 6th Street, Suite 218C Minneapolis, MN 55403 612.294.6978 www.us-solar.com 1 Guide to the City of Scandia’s Ordinance Update Buffer & Overlay Zone Presentation • US Solar has provided four maps showing buffer zone examples based off of current solar sites in the City of Scandia. The buffer zone distances are ¼ mile, ½ a mile, ¾ mile and 1 mile from all current solar sites in the City. • Utilizing the buffer zones would help limit the amount of development in both the Connexus and Xcel service territory, regardless of program availability. • We have included the originally proposed Solar Overlay District in our presentation. Development Potential • As discussed in the November 18th Town Board Meeting, every developer has their own requirements for development acceptability. Our site development requirements require third party vetting with data from: Minnesota DNR FEMA mapping, US Fish and Wildlife’s National Wetlands Inventory, US Dept. of Agriculture topography and soil mapping, local planning, zoning, and parcel data, utility infrastructure locations and capacity data, and more. • Including a buffer zone in the City’s ordinance would help limit future development and prevent gardens from being built directly adjacent to one another. • When energy generation developers build new facilities, they ordinarily construct and own new interconnecting power lines – called "gen-tie lines" – and related equipment, such as switchgear and transformer power stations. It can cost between $60 - $80 per linear foot for this scope of work. So, the solar developer community will not likely choose to build a longer gen-tie or pay the utility to extend existing power lines. It gets too expensive for small 1 MW solar facilities. Ordinance Examples • US Solar has provided two ordinance updates for the City with language incorporating a proposed buffer zone. The language utilized in the updated ordinances are taken from already enacted ordinances from Scott and Carver county and their use of buffer zones. • We have included the originally proposed language for the Solar Overlay District in these new ordinance drafts. Previous Rural Landscape Presentation for Reference • US Solar has resubmitted their initial presentation from January on the positive impacts solar has on a rural landscape for a refresh on the positive benefits of solar on the community and environment when done correctly. Potential Buffer Zones + Overlay District UNITED STATES SOLAR CORPORATION P R I V A T E A N D C O N F I D E N T I A L 1December 11, 2018 December 11, 2018 2 December 11, 2018 3 December 11, 2018 4 December 11, 2018 5 Buffer Zones without Overlay District UNITED STATES SOLAR CORPORATION P R I V A T E A N D C O N F I D E N T I A L 6December 11, 2018 P R I V A T E A N D C O N F I D E N T I A L 7December 11, 2018 ¼ mile buffer zone from existing solar sites. December 11, 2018 8 ½ mile buffer zone from existing solar sites. December 11, 2018 9 ¾ mile buffer zone from existing solar sites. December 11, 2018 10 1 mile buffer zone from existing solar sites. Integrating Solar into the Rural Landscape Methods to maximize benefits while minimizing impact to rural character UNITED STATES SOLAR CORPORATION P R I V A T E A N D C O N F I D E N T I A L 1December 11, 2018 Integrating Solar in a Rural Setting Community Solar offers numerous benefits to a community like increasing the tax base,supporting landowner rights,enhancing nearby crop yields,and strengthening local environment and wildlife.When designed properly,it can seamlessly integrate into the rural landscape. There are several requirements that can be imposed to ensure quality installations and limit public visibility. Recommended Methods to Reduce Solar Site Visibility: •Equipment Requirements •Site Restrictions •Effective Landscaping •Pollinator Friendly Habitat P R I V A T E A N D C O N F I D E N T I A L 2December 11, 2018 Equipment Requirements Limit Interconnection Power Poles •Typically Xcel Energy requires three new power poles per 1 MW of solar to be added on the solar property,(and sometimes an additional one in their line of existing distribution poles).The 3 poles hold the point of interconnection (the line of demarcation where equipment transfers ownership),the main service meter equipment,and project GOAB. •There is added cost, but the service meter equipment and GOAB can be located on a small electrical pad behind the fence and landscaping within the solar area. A cable is then buried under ground to reduce the number of poles on the solar property to one new pole, and then one potentially added within the existing line of Xcel Energy distribution poles. •A new Solar Ordinance can limit new power poles to one within the solar site, dramatically reducing the visual impact. P R I V A T E A N D C O N F I D E N T I A L 3December 11, 2018 Equipment Requirements Reduce System Height •The last ordinance in Scandia allowed for systems heights of up to 15’,a common height for fixed-tilt solar systems. •A new ordinance for Community Solar should have a maximum system height of 10 ft.to reduce visibility and make landscape screening more effective. •US Solar uses tracker systems that run between 5’6”and 8’6”on a typical solar day.Max.system height is about 9’. P R I V A T E A N D C O N F I D E N T I A L 4December 11, 2018 Equipment Requirements Rural Fencing Style To better integrate a solar system with the rural aesthetic,project developers can use a 8’farm-style fence with wooden posts and no barbed wire. P R I V A T E A N D C O N F I D E N T I A L 5December 11, 2018 Recommended Site Restrictions System Size Limitation A new community solar ordinance should limit the maximum solar area to 10 acres to keep system sizes small.This is about the area needed for 1MW (AC)of solar. Increase Setbacks from Public Right-Of-Way To reduce visibility,increase the setback from the centerline of a road from 200’in the old ordinance to 300’for a new community solar ordinance. P R I V A T E A N D C O N F I D E N T I A L 6December 11, 2018 Sample 33 acre 5 MW Site Area Sample 8 acre 1 MW Site Area Effective Landscaping Landscaping Requirements •Landscaping,when done correctly,can dramatically aid in blending solar into a rural setting. •Site conditions and visibility can vary greatly depending on location. For that reason,it is best to customize landscape for each site at the discretion of the City. •Recommended ordinance language would be “the applicant shall submit a landscape screening plan by a licensed landscape architect for approval by the Planning Commission.” P R I V A T E A N D C O N F I D E N T I A L 7December 11, 2018 Landscaping Continued Example Landscaping Rendering •US Solar partners with landscape architects,like Prairie Restorations, to customize landscaping using native plants to effectively screen systems from view. •The following slides show a rendering of an example landscaping plan.The planting materials shown below are what are used in those renderings. P R I V A T E A N D C O N F I D E N T I A L 8December 11, 2018 December 11, 2018 9 December 11, 2018 10 December 11, 2018 11 Require Pollinator Friendly Habitat Require a Pollinator Friendly Vegetative Seeding Plan •The area underneath the modules and between rows at a site can be transformed into a diverse mix of pollinator-friendly, low-lying, deep-rooted plants. This creates a 10-acre private investment in pollinator-friendly habitat with approximately 1.5M native plants. This would be a sanctuary for bees, monarchs, songbirds, and pheasants. •Compared to row crops, it reduces stormwater runoff by 23% for the 2-yr storm and 8% for the 100-yr storm. The increased pollinator presence increases crop yields of neighboring farmland As part of US Solar’s commitment to conservation: •Wild flowers and native grasses to support monarchs and pollinators as well as song-and gamebirds •Habitat assessment certification through the Minnesota Board of Water & Soil Resources •Monarch waystation certification •Smart landscape screening to provide animal habitat, seclusion, and a visual buffer •No noise, odor, or intrusive lighting •Fencing style and design to support contiguous pheasant habitat at the ground level P R I V A T E A N D C O N F I D E N T I A L 12December 11, 2018 THANK YOU UNITED STATES SOLAR CORPORATION P R I V A T E A N D C O N F I D E N T I A L 13December 11, 2018 Conclusion Allowing community solar increases the tax base, supports landowner rights, enhances nearby agricultural production, and strengthens the local environment and wildlife. Adopting the purposeful conditions proposed in this slide deck enables the City to take advantage of these many benefits without harming the rural character that is so important to the City of Scandia. Ordinance No. 174 Page 1 of 5 CITY OF SCANDIA ORDINANCE NO. 174 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 4.34, REGARDING SOLAR FARMS AND COMMUNITY SOLAR GARDENS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code” or “Code”), Chapter Two, Section 4.34, Solar Farms and Community Solar Gardens, shall be amended as follows: 4.33 Solar Farms and Community Solar Gardens. Solar farms and community solar gardens shall comply with all of the following standards: (1) Districts and Size Limits (A) Solar farms and community solar gardens require a Conditional Use Permit. (B) The Solar Overlay District is established as that area shown on Exhibit A. (C) Solar Farms and Community Solar Energy systems are prohibited outside of the Solar Overly District as well as in the following areas: 1. Within areas designated as Shoreland Districts by the Department of Natural Resources and the City of Scandia Shoreland Ordinance. 2. Within wetlands to the extent required by the Minnesota Wetlands Conservation Act. 3. Within the Floodplain District. (D) Solar farms and community solar gardens shall not exceed One (1) Megawatt AC in size. (E) Operational area(s), including fencing and solar array, shall be located a minimum of (___) mile from any other permitted Solar Farm and Community Solar Energy System in the city. (2) Accessory solar farm and community solar garden uses are exempt from the Residential and Agricultural Accessory Structure standards regarding the square footage and number of structures permitted on a parcel, but must conform to the setback and lot coverage standards in this Development Code. Style Definition: Heading 1 Deleted: Deleted: Permits Deleted: are allowed within the Agriculture Core (AG C), Agriculture Preserves (AP), and General Rural (GR) zoning districts and Deleted: In the AP Deleted: <#> District, the use is permitted on parcels where the Agriculture Preserves Program status and agreements permit this use.¶ Formatted: Font: 12 pt, English (United States) Deleted: The City prohibits solar farms and community solar gardens Formatted: Font: 12 pt Formatted: Font: 12 pt Deleted: within the following districts: Deleted: <#>¶ Formatted: Indent: Left: 1.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Deleted: ¶ Formatted: Font: 12 pt Ordinance No. 174 Page 2 of 5 (3) Permit Application (A) Existing Site Plans Required. The applicant for a solar farm or community solar garden shall submit a detailed site plan of existing conditions, showing site boundaries; existing access roads, driveways, and easements; existing structures; setbacks; surface water drainage patterns, floodplains, Shoreland districts, delineated wetlands, toe and top of bluffs, ordinary high water mark and other protected natural resources; existing vegetation, soil types, topography (2-foot contour intervals), and all other items required in Chapter 1, Section 5 of this Code for Conditional/Interim Use Permit applications or by the City. The Existing Site Plan shall include a graphic scale not less than 1:100 and a north arrow. (B) Proposed Site Plan Required. The applicant shall also submit a site plan of proposed conditions, including the proposed number, location and spacing of solar panels; proposed height of panels; location of access roads; planned location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load; new electrical equipment other than at the existing building or substation that is the connection point for the solar farm; proposed stormwater management facilities; proposed erosion and sediment control measures, and other information as required by the City. The Proposed Site Plan shall include a graphic scale not less than 1:100 and a north arrow. The application shall also include a vertical sketch elevation of the premises accurately drawn to a scale identified on the drawing, depicting the proposed solar energy conversion system and its relationship to the surrounding topography and public roadways. The sketch shall depict the proposed system’s relationship to structures on adjacent lots within 150 feet of the parcel boundary (if any). The sketch elevation shall include a graphic scale not less than 1:50, or as needed to clearly show the vertical relationship between the proposed solar facilities and structures on adjacent lots. (C) Use of Public Roads. The applicant shall obtain all necessary approvals from the appropriate road authority for site access and driveways. (D) Interconnection Agreement. The applicant shall complete an interconnection agreement with a local utility and provide a copy of the agreement to the City before approval of electrical, building, or other required permits. The system operator shall provide a visible external disconnect if required by the utility. Utility poles associated with each solar energy farm shall be limited to up to one pole for each permitted megawatt AC of electricity. Utility poles legally permitted in any road right-of-way or which are currently existing are not included in this calculation. The proposed placement of all utility poles and any proposed aerially mounted equipment shall be shown in any proposed plans submitted. The Planning Commission shall specifically approve the placement of all utility pole outside of the road right-of-way. Ordinance No. 174 Page 3 of 5 (E) Liability Insurance. The applicant shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate and provide proof that it meets the insurance requirement to the city. (F) Decommissioning Plan. The applicant shall submit a decommissioning plan to ensure that facilities are properly removed after their useful life. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation, and a plan ensuring financial resources will be available to fully decommission the site. The City may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure decommissioning. (G) Payment In Lieu of Taxes. Notwithstanding that Minnesota Statutes Section 272.02, Subdivision 24 (or its successor) classifies real property upon which a solar energy generating system is located that is used primarily for solar energy production (subject to the production tax under Minnesota Statutes Section 272.0295) as class 3a, the City may require the applicant to enter into a Payment In Lieu of Taxes Agreement to compensate the City for any prospective tax revenue that may be lost due to such reclassification. (4) Performance Standards (A) The limitations on the number or cumulative generating capacity of community solar garden facilities is regulated by Minnesota Statutes 216B.164 and related regulations. (B) Solar farms and community solar gardens shall be in compliance with all applicable local, state and federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code, as amended; the State Plumbing Code, as amended; the Minnesota Energy Code, as amended. (C) If the proposed solar farm or community solar garden is adjacent to areas designed or formally protected from development by Federal, State, or County agencies as a wildlife management area, scenic byway, or National Wild and Scenic corridor, the applicant shall implement mitigation measures that would protect the resource values of the designated wildlife area or scenic corridor as a condition of approval. Such measures may include, but are not limited to, maintaining wildlife travel corridors, setting the development back from the right-of-way or stream corridor, using the natural topography to screen the Deleted: , Formatted: Hyperlink, Font: 10 pt, English (United States) Deleted: Solar farms which have a generating capacity of 50 megawatts of power or more shall fall under the jurisdiction of the Minnesota Public Utilities Commission. Deleted: Ordinance No. 174 Page 4 of 5 project, and retaining or planting vegetation that would obscure the view of the energy project within the scenic corridor. (D) All solar farms and community solar gardens shall be setback a minimum 75’ from all parcel boundaries and 200’ from adjacent primary residential structures. The City may require wider setbacks if it determines that the wider setbacks are warranted by the potential impacts to adjacent properties. (E) Solar farms and community solar gardens shall be setback a minimum of 200 feet from the centerline or 150 feet from the right-of-way of minor arterial roadways, whichever is greater. (F) Ground-mounted solar energy systems shall not exceed twelve feet (12’) in height. Building-integrated solar energy systems shall not exceed the maximum height permitted in the zoning district. (G) Solar farms and community solar gardens shall be screened from view from the public right of way to the extent possible by setbacks, berming, existing vegetation, landscaping, or a combination thereof. The City may require that the solar arrays be screened from view from nearby or affected properties using the same screening elements, and may require a vegetative buffer up to 25’ in depth and/or screening of up to ninety-five (95) percent of the view of the solar arrays from adjacent parcels. The required screening shall be achieved with 2 growing seasons from the date of project approval. (H) Solar farms and community solar gardens are subject to stormwater management and erosion and sediment control best practices and NPDES permit requirements, and shall obtain required permits from the MPCA, local Watershed District, City and others. (I) The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions. (J) Power and communication lines that are not defined in this ordinance as Essential Services and running between banks of solar panels and to electric substations or interconnections with buildings that are on adjacent parcels shall be buried underground. Exemptions may be granted by the City in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines, or the distance to a substation or other point of interconnection reasonable precludes burial. (K) All solar farm and community solar garden facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties, as well as adjacent street rights-of-way. Steps to control glare nuisance may include selective placement of the system, screening on Deleted: obsure Deleted: fifteen Deleted: 15’ Ordinance No. 174 Page 5 of 5 the side of the solar array facing the reflectors, reducing use of the reflector system, or other remedies that limit glare. Solar farms utilizing a reflector system shall conduct a glare study to identify the impacts of the system on occupied buildings and transportation rights-of-way within a half mile of the project boundary. The glare study shall also address aviation impacts. (L) The surface area of ground-mounted systems in combination with driveways, structures and other impervious surfaces on the parcel shall not exceed the maximum lot coverage standard of the applicable zoning district. (M) A clearly-visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. All mechanical equipment, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight (8) foot high fence with a self- locking gate, and provided with screening in accordance with the landscaping provisions of the Development Code. (N) Any fences or barriers installed for the project shall incorporate wildlife- friendly design. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife-friendly. (O) If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire structure including transmission equipment. Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this 16th day of August, 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk Ordinance No. 174 Page 1 of 5 CITY OF SCANDIA ORDINANCE NO. 174 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 2, SECTION 4.34, REGARDING SOLAR FARMS AND COMMUNITY SOLAR GARDENS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development Code” or “Code”), Chapter Two, Section 4.34, Solar Farms and Community Solar Gardens, shall be amended as follows: 4.33 Solar Farms and Community Solar Gardens. Solar farms and community solar gardens shall comply with all of the following standards: (1) Districts and Size Limits (A) Solar farms and community solar gardens require a Conditional Use Permit. (B) The Solar Overlay District is established as that area shown on Exhibit A. (C) Solar Farms and Community Solar Energy systems are prohibited outside of the Solar Overly District as well as in the following areas: 1. Within areas designated as Shoreland Districts by the Department of Natural Resources and the City of Scandia Shoreland Ordinance. 2. Within wetlands to the extent required by the Minnesota Wetlands Conservation Act. 3. Within the Floodplain District. 4. Within ___ (__) miles of a proposed or permitted Community Solar Energy System site as defined under this Section. Separation will be measured from the parcel boundary with the permitted community solar garden to the nearest parcel boundary of the proposed community solar garden. (D) Solar farms and community solar gardens shall not exceed One (1) Megawatt AC in size. (2) Accessory solar farm and community solar garden uses are exempt from the Residential and Agricultural Accessory Structure standards regarding the square footage and number of structures permitted on a parcel, but must conform to the setback and lot coverage standards in this Development Code. Style Definition: Heading 1 Deleted: Deleted: Permits Deleted: are allowed within the Agriculture Core (AG C), Agriculture Preserves (AP), and General Rural (GR) zoning districts and Deleted: In the AP Formatted: English (United States) Deleted: <#> District, the use is permitted on parcels where the Agriculture Preserves Program status and agreements permit this use.¶ Formatted: Font: 12 pt, English (United States) Deleted: The City prohibits solar farms and community solar gardens Formatted: Font: 12 pt Formatted: Font: 12 pt Deleted: within the following districts: Formatted: Font: 12 pt Formatted: Indent: Left: 1.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Ordinance No. 174 Page 2 of 5 (3) Permit Application (A) Existing Site Plans Required. The applicant for a solar farm or community solar garden shall submit a detailed site plan of existing conditions, showing site boundaries; existing access roads, driveways, and easements; existing structures; setbacks; surface water drainage patterns, floodplains, Shoreland districts, delineated wetlands, toe and top of bluffs, ordinary high water mark and other protected natural resources; existing vegetation, soil types, topography (2-foot contour intervals), and all other items required in Chapter 1, Section 5 of this Code for Conditional/Interim Use Permit applications or by the City. The Existing Site Plan shall include a graphic scale not less than 1:100 and a north arrow. (B) Proposed Site Plan Required. The applicant shall also submit a site plan of proposed conditions, including the proposed number, location and spacing of solar panels; proposed height of panels; location of access roads; planned location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load; new electrical equipment other than at the existing building or substation that is the connection point for the solar farm; proposed stormwater management facilities; proposed erosion and sediment control measures, and other information as required by the City. The Proposed Site Plan shall include a graphic scale not less than 1:100 and a north arrow. The application shall also include a vertical sketch elevation of the premises accurately drawn to a scale identified on the drawing, depicting the proposed solar energy conversion system and its relationship to the surrounding topography and public roadways. The sketch shall depict the proposed system’s relationship to structures on adjacent lots within 150 feet of the parcel boundary (if any). The sketch elevation shall include a graphic scale not less than 1:50, or as needed to clearly show the vertical relationship between the proposed solar facilities and structures on adjacent lots. (C) Use of Public Roads. The applicant shall obtain all necessary approvals from the appropriate road authority for site access and driveways. (D) Interconnection Agreement. The applicant shall complete an interconnection agreement with a local utility and provide a copy of the agreement to the City before approval of electrical, building, or other required permits. The system operator shall provide a visible external disconnect if required by the utility. Utility poles associated with each solar energy farm shall be limited to up to one pole for each permitted megawatt AC of electricity. Utility poles legally permitted in any road right-of-way or which are currently existing are not included in this calculation. The proposed placement of all utility poles and any proposed aerially mounted equipment shall be shown in any proposed Ordinance No. 174 Page 3 of 5 plans submitted. The Planning Commission shall specifically approve the placement of all utility pole outside of the road right-of-way. (E) Liability Insurance. The applicant shall maintain a current general liability policy covering bodily injury and property damage with limits of at least $1 million per occurrence and $1 million in the aggregate and provide proof that it meets the insurance requirement to the city. (F) Decommissioning Plan. The applicant shall submit a decommissioning plan to ensure that facilities are properly removed after their useful life. If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation, and a plan ensuring financial resources will be available to fully decommission the site. The City may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure decommissioning. (G) Payment In Lieu of Taxes. Notwithstanding that Minnesota Statutes Section 272.02, Subdivision 24 (or its successor) classifies real property upon which a solar energy generating system is located that is used primarily for solar energy production (subject to the production tax under Minnesota Statutes Section 272.0295) as class 3a, the City may require the applicant to enter into a Payment In Lieu of Taxes Agreement to compensate the City for any prospective tax revenue that may be lost due to such reclassification. (4) Performance Standards (A) The limitations on the number or cumulative generating capacity of community solar garden facilities is regulated by Minnesota Statutes 216B.164 and related regulations. (B) Solar farms and community solar gardens shall be in compliance with all applicable local, state and federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code, as amended; the State Plumbing Code, as amended; the Minnesota Energy Code, as amended. (C) If the proposed solar farm or community solar garden is adjacent to areas designed or formally protected from development by Federal, State, or County agencies as a wildlife management area, scenic byway, or National Wild and Scenic corridor, the applicant shall implement mitigation measures that would protect the resource values of the designated wildlife area or scenic corridor as a condition of approval. Such measures may include, but are not limited to, maintaining wildlife travel corridors, setting the development back from the Deleted: , Formatted: Hyperlink, Font: 10 pt, English (United States) Deleted: Solar farms which have a generating capacity of 50 megawatts of power or more shall fall under the jurisdiction of the Minnesota Public Utilities Commission. Deleted: Ordinance No. 174 Page 4 of 5 right-of-way or stream corridor, using the natural topography to screen the project, and retaining or planting vegetation that would obscure the view of the energy project within the scenic corridor. (D) All solar farms and community solar gardens shall be setback a minimum 75’ from all parcel boundaries and 200’ from adjacent primary residential structures. The City may require wider setbacks if it determines that the wider setbacks are warranted by the potential impacts to adjacent properties. (E) Solar farms and community solar gardens shall be setback a minimum of 200 feet from the centerline or 150 feet from the right-of-way of minor arterial roadways, whichever is greater. (F) Ground-mounted solar energy systems shall not exceed twelve feet (12’) in height. Building-integrated solar energy systems shall not exceed the maximum height permitted in the zoning district. (G) Solar farms and community solar gardens shall be screened from view from the public right of way to the extent possible by setbacks, berming, existing vegetation, landscaping, or a combination thereof. The City may require that the solar arrays be screened from view from nearby or affected properties using the same screening elements, and may require a vegetative buffer up to 25’ in depth and/or screening of up to ninety-five (95) percent of the view of the solar arrays from adjacent parcels. The required screening shall be achieved with 2 growing seasons from the date of project approval. (H) Solar farms and community solar gardens are subject to stormwater management and erosion and sediment control best practices and NPDES permit requirements, and shall obtain required permits from the MPCA, local Watershed District, City and others. (I) The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions. (J) Power and communication lines that are not defined in this ordinance as Essential Services and running between banks of solar panels and to electric substations or interconnections with buildings that are on adjacent parcels shall be buried underground. Exemptions may be granted by the City in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines, or the distance to a substation or other point of interconnection reasonable precludes burial. (K) All solar farm and community solar garden facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties, as well as adjacent street rights-of-way. Steps to control Deleted: obsure Deleted: fifteen Deleted: 15’ Ordinance No. 174 Page 5 of 5 glare nuisance may include selective placement of the system, screening on the side of the solar array facing the reflectors, reducing use of the reflector system, or other remedies that limit glare. Solar farms utilizing a reflector system shall conduct a glare study to identify the impacts of the system on occupied buildings and transportation rights-of-way within a half mile of the project boundary. The glare study shall also address aviation impacts. (L) The surface area of ground-mounted systems in combination with driveways, structures and other impervious surfaces on the parcel shall not exceed the maximum lot coverage standard of the applicable zoning district. (M) A clearly-visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. All mechanical equipment, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight (8) foot high fence with a self- locking gate, and provided with screening in accordance with the landscaping provisions of the Development Code. (N) Any fences or barriers installed for the project shall incorporate wildlife- friendly design. The City will utilize recommendations from the Minnesota DNR to determine if the fence design is wildlife-friendly. (O) If the solar energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after obtaining a demolition permit. Removal includes the entire structure including transmission equipment. Section 3. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this 16th day of August, 2016. Randall Simonson, Mayor ATTEST: Neil Soltis, Administrator/Clerk