5. Discussion on amendment to development code for community solarMemorandum
To: Scandia Planning Commission Reference: Community solar ordinance —
potential revisions for discussion
Copies To: Neil Soltis, City Administrator Project No.:
17123.000
Brenda Ecklund, City Clerk Routing:
From: Merritt Clapp -Smith, Planner
Date: February 26, 2019
SUBJECT: Potential revisions to former ordinance regulating Solar Farms and
Community Solar Gardens — Section 3.2 of Chapter 2 of the
Development Code of the City of Scandia
MEETING DATE: March 5, 2019
BACKGROUND
The City of Scandia permitted, amended and repealed its community solar ordinance over the
past few years.
• June 2015 — City establishes ordinance allowing and regulating community solar
• April 2016 — 3 month moratorium on new installations
• June 2016 — City amends regulations for community solar
• September 2017 — City repeals ordinance allowing community solar
Scandia's experience with the community solar installations has been fraught with concerns
from residents related to various aspects of how they look and their size. In Fall 2018, the city
was encouraged to consider re -adopting its ordinance for community solar, with amendments to
more strictly regulate the size and look of the installations.
The table on the next page provides an overview of the past ordinances and revisions, and
installations that have occurred in the city since 2015.
444 Cedar Street, Suite 1500
Saint Paul, MN 55101
651.292.4400
tkda.com
Mi
TKDA
Memorandum
To: Scandia Planning Commission Reference: Community solar ordinance —
potential revisions for discussion
Copies To: Neil Soltis, City Administrator Project No.:
17123.000
Brenda Ecklund, City Clerk Routing:
From: Merritt Clapp -Smith, Planner
Date: February 26, 2019
SUBJECT: Potential revisions to former ordinance regulating Solar Farms and
Community Solar Gardens — Section 3.2 of Chapter 2 of the
Development Code of the City of Scandia
MEETING DATE: March 5, 2019
BACKGROUND
The City of Scandia permitted, amended and repealed its community solar ordinance over the
past few years.
• June 2015 — City establishes ordinance allowing and regulating community solar
• April 2016 — 3 month moratorium on new installations
• June 2016 — City amends regulations for community solar
• September 2017 — City repeals ordinance allowing community solar
Scandia's experience with the community solar installations has been fraught with concerns
from residents related to various aspects of how they look and their size. In Fall 2018, the city
was encouraged to consider re -adopting its ordinance for community solar, with amendments to
more strictly regulate the size and look of the installations.
The table on the next page provides an overview of the past ordinances and revisions, and
installations that have occurred in the city since 2015.
Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
Ordinance number
162
170
174
187
193
Date
6/16/2015 !4/19/2016' 6/16/2016 !9/19/2017
1/16/22018
Established
Amended j
Passive solar as
Purpose
regulations for
! community solar
community solar i
i regulations i
accessory use
Performance Standards
Minimum lot size
5 acres !
E
none !
none
Same as principal
L
Side setback
0
75minimum
20
structure
41 1
i i
greater of 200' from
L
parallel to or behind
Front setback
centerline or 150'
Y
No Change
from right-of-way
r
o
v
primary structure
Height
15' maximum
m
a,
15' maximum
up to 25' in
s
depth
if CUP required or
Screening from
to the extent
�,
and up to 95/ of
right of way
possible
view from adjacent j
within 100' of right -
of -way
parcels within 2 !
=a
L
Underground from i U
Power lines
array to
No change
interconnection
Fencing
0
E
MNDNR wildlife
need CUP if array
Size
1
over 800 s.f.
Timeline of solar projects approved under each ordinance
5mW-97/
10/20/2015
2015 - 4 permits
Manning
5 mW - south of
4/19/2016
2016 - 5 permits
97
3 mW - 95
5/17/2016
2017 - 6 permits
5 mW - Oldfield
8/16/2016 !
!
2018 - 1 permit
40 kW Lofton
11/15/2016
1 mW - Manning
6/20/2017
On January 31, 2019, the Scandia City Council and Planning Commission hosted a public
information and input session on community solar gardens. The input from community members
at the meeting was shared with the Planning Commission at its February 5t" meeting and
discussed. Based on that input and ongoing discussion in the community about solar, the
Planning Commission directed staff to propose some changes to the last version of the city's
community solar ordinance for consideration. The following pages provide an overview of
potential changes.
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Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
KEY STANDARDS FOR SOLAR GARDENS AND POTENTIAL CHANGES*
*The summary below highlights potential regulations and underlines those that are a changes
from the city's last ordinance.
Districts
• Allow in Agriculture Core (AG C) and Agriculture Preserves (AP). Do not allow in
General Rural( R).
• Do not allow to be more than 3,000 feet from the power distribution line it connects to.
Size
• Limit to 1 megawatt in size or smaller
Poles
• Limit the installer to 1 interconnection pole per 1 MW system. (The City cannot regulate
how many poles the utility chooses to put in the public right-of-way, but it shouldn't need
to install more than 1 pole, to connect to the solar interconnection pole.)
Distance from Adjacent Uses
• Setback at least 75 feet from property lines
Setback 350 from any existing residential structures on neighboring parcels
Setback 500 feet from centerline of minor arterials or 200 feet from centerline of all other
public road right-of-ways.
Height
• Fifteen (15) feet, when oriented at maximum tilt
Vegetative Buffer
• Up to fifteen (15) feet tall
• Up to 25 feet deep
• Screened up to 95% from adjacent residential parcels
• Screened up to 75% from non-residential parcels and public ROWs
• Required screening to be achieved within 4 growing seasons
• At least 30% of vegetative buffers to be composed of evergreen plantings
• Planting area under and around arrays to be deep rooted, native grass and pollinator
mix suitable to soil type and moisture conditions
• Secure an escrow, bond or letter of credit to ensure screening is installed and survives
Fencing
• Must be mounted on wood posts
• Barbed and razor wire not allowed
• Shall not exceed eight (8) feet in height from ground
• Must have gap at the bottom for passage of birds and small animals
Lighting
• If used, must be shielded and downcast
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Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
POTENTIAL CHANGES TO PREVIOUS CITY ORDINANCE
AN ORDINANCE
THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2, SECTION , REGARDING SOLAR FARMS AND
COMMUNITY SOLAR GARDENS
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Revisions to former Ordinance No. 122, the City of Scandia Development Code ("Development
Code" or "Code"), Chapter Two, Section , Solar Farms and Community Solar Gardens, as
follows:
Solar Farms and Community Solar Gardens. Solar farms and community solar gardens
shall comply with all of the following standards:
(1) Districts and PefmitsSize Limits
(A) Solar farms and community solar gardens are allowed within the Agriculture
Core (AG C)and, Agriculture Preserves (AP), and Genera P,,,.,,' (GR)
distriets and require a Conditional Use Permit. In the
(B) The operational area for solar farms, includingfg and solar arra.y, shall
only be located within 3,000 feet of the distribution power line that it is
connected to.
(C) Solar Farms and
gar-densCommunity Solar Energy ystems are prohibited in the following
areas: within the following dis4iets-.
1. Within areas designated as Shoreland Districts by the Department of
Natural Resources and the City of Scandia Shoreland Ordinance, and
within associated Shoreland setback areas as designated by the City of
Scandia.
2. Within wetlands to the extent required by the Minnesota Wetlands
Conservation Act. and within associated wetland setback areas as
designated by the City of Scandia.
2-.3.Within the Floodplain District and associated setback areas as desi
by the City of Scandia.
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Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
(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.
(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
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Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
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 one (1) megawatt AC of electricity. Utility poles
legally permitted in any road right-of-way or which currently exist 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 poles 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, based on an
estimated cost for decommissioning provided by the applicant.
(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
more shall rail under- the ; sdietio ,f the Minnesota Ruble r r444ies
GemmissThe 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,
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Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
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
project, and retaining or planting vegetation that would obsureobscure the
view of the energy project within the scenic corridor.
(D) All solar farms and community solar gardens shall be setback a minimum 75
feet! from all parcel boundaries and 350 feet from neighboring residential
structures not on the same parcel of property existing at the time of the
application for the permit. 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 500
200 feet from the centerline or- 150 feet fro the right of way of minor arterial
roadways or 200 feet from the centerline of all other public road right-of-
(F)
i h
(F) Ground -mounted solar energy systems shall not exceed fifteen feet (15') in
height when oriented at maximum tilt. Building -integrated solar energy
systems when at maximum tilt shall not exceed the maximum height
permitted in the zoning district.
LQISolar 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
15 feet in height, 25 feet' in depth for up to ninety-five
(95) percent of the view of the solar arrays from adjacent residential parcels
and up to seventy-five (75) percent of the view of the solar arrays from non-
residential parcels and public right-of-ways. The required screening shall be
achieved within four L4-2) growing seasons from the date of project approval.
At least thirty (30) percent of vegetative buffers shall be composed of
evergreen plantings. The City may require the posting of a bond, letter of
credit or the establishment of an escrow account to ensure vegetation is
installed and establishes itself as identified in the approved permit, based on
an estimated cost for plantings and labor provided b.. thepplicant.
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Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
(HISolar 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.
"t) All ground areas under solar array installs that are not occupied by
equipment or essential access paths, shall be planted with a deep rooted,
native grass and pollinator seed mix suitable to the soil and moisture
conditions of the immediate area. Plant growth shall be stable and self-
supporting within two (2) growing seasons from the date of project approval.
(OaL_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)LKI-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)fL)-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
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)Q&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.
(W NSA 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.
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Potential Ordinance revisions for discussion at Scandia Planning Commission 3/5/19
(0) Except as required by the electrical code, a -Any fences or barriers installed for
the project shall be mounted on wood posts, shall not include any barbed or
razor wire, shall not exceed eight feet in height from the ground, and shall
incorporate wildlife -friendly design with a gap at the bottom for passage of
birds and small animals. The City will utilize recommendations from the
Minnesota DNR to determine if the fence design is wildlife -friendly.
NTE) If lighting is provided at the project, lighting shall be shielded and
downcast such that the light does not spill onto adjacent properties.
"LQ) -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.
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