7.a Discussion on ordinance amending the development code to regulate solar energy systems
Memorandum
To:
Scandia Planning Commission
Reference:
Proposed Ordinance for Distribution
Scale Solar Energy Systems
Copies To: Neil Soltis, City Administrator Project No.:
17123.000
Brenda Ecklund, City Clerk Routing:
From: Merritt Clapp-Smith, Planner
Date: March 26, 2019
SUBJECT: Proposed ordinance allowing and regulating Distribution Scale Solar
Energy Systems, under Chapter 2, Section 4.34 of the Development
Code of the City of Scandia. Based on revisions to the former
ordinance regulating Solar Farms and Community Solar Gardens
under Chapter 2, Section 3.2.
MEETING DATE: April 2, 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The City of Scandia permitted, amended and repealed its community solar ordinance over the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 reconsider an ordinance for community solar, with stronger requirements
and performance standards for 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.
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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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 5th 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. They discussed these changes on March 5th and
requested additional revisions to be reflected in a proposed ordinance for PC review on April
2nd. The following pages provide an overview of potential changes.
Ordinance number 162 170 174 187 193
Date 6/16/2015 4/19/2016 6/16/2016 9/19/2017 1/16/22018
Purpose
Established
regulations for
community solar
Amended
community solar
regulations
Passive solar as
accessory use
Performance Standards
Minimum lot size 5 acres none none
Side setback Same as principal
structure 75' minimum 20'
Front setback
greater of 200' from
centerline or 150'
from right-of-way
No Change parallel to or behind
primary structure
Height 15' maximum 15' maximum
Screening from
right of way
to the extent
possible
up to 25' in depth
and up to 95% of
view from adjacent
parcels within 2
if CUP required or
within 100' of right-
of-way
Power lines
Underground from
array to
interconnection
No change
Fencing MNDNR wildlife
Size need CUP if array
over 800 s.f.
Timeline of solar projects approved under each ordinance
5 mW - 97 /
Manning 10/20/2015 2015 - 4 permits
5 mW - south of
97 4/19/2016 2016 - 5 permits
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 6/20/2017Interim ordinance establishing 3-month moratoriumOrdinance repealed
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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One key item addressed was the naming convention for these systems, since “community solar”
and “solar garden” have unique meanings in other contexts, which may differ from what’s being
considered in Scandia. A new naming convention has been suggested for the systems –
“Distribution Scale Solar Energy System (Distribution SES)”.
The correct location within the Development Code was considered by staff following the
meeting, and it is proposed that it be added under Chapter 2, Section 4.34, following the code
language for solar systems for on-site energy use. This packet includes two versions of the
proposed ordinance language – one shows it as a revision to the former ordinance, to show
what has changed, and the other shows it as added text to Section 3.43.
KEY STANDARDS FOR DISTRIBUTED SOLAR AND POTENTIAL CHANGES TO THE LAST
SOLAR ORDINANCE
The summary below highlights proposed regulations and underlines those that are key changes
from the city’s last ordinance. Black text shows items proposed for discussion on March 5th and
red text shows recommended revisions following the March 5th discussion.
Districts
Allow in Agriculture Core (AG C) and Agriculture Preserves (AP). Do not allow in
General Rural (GR).
Do not allow to be more than 3,000 feet from the power distribution line it connects to.
Size
Provision for size limit may not be needed if screening is good. The previously
discussed limitation was “Solar farms and community solar gardens shall not exceed
One (1) Megawatt AC in size.”
Limit to 1 megawatt in size or smaller
Poles
Limit the installer to 1 interconnection pole per 1 MW system and require operator to get
confirmation from the utility that it can limit itself to 1 additional pole in the public right-of-
way. (The City cannot regulate how many poles the utility chooses to put in the public
right-of-way, but it consider it as a criteria for approval.
Distance from Adjacent Uses
Setback at least 75 feet from property lines
Setback 350 feet from any existing residential structures on adjacent 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
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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Enough screening to provide a complete, opaque screen in the summer months to
adjacent ROWs and existing residential structures on adjacent parcels. 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% - 50% 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
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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POTENTIAL CHANGES TO PREVIOUS CITY ORDINANCE
AN ORDINANCE
THE SCANDIA DEVELOPMENT CODE,
CHAPTER 2, SECTION 4.34____, REGARDING DISTRIBUTION SCALE SOLAR
ENERGY SYSTEMS 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 3.2, Solar Farms and Community Solar Gardens, as
follows:
Distribution Scale Solar Energy Systems Solar Farms and Community Solar Gardens.
Solar farms and community solar gardens shall comply with all of the following standards:
Districts and PermitsSize Limits
(A) Solar farms and community solar gardens are allowed within the Agriculture
Core (AG C) and, Agriculture Preserves (AP), and General Rural (GR) zoning
districts and require a Conditional Use Permit. In the AP
(A) District, the use is permitted on parcels where the Agriculture Preserves
Program status and agreements permit this use.
(B) perational area , including fencing and solar array, shall be located .
(C)(B) Solar Farms and The City prohibits solar farms and community solar
gardensCommunity Solar Energy systemsDistribution SES are prohibited in the
following areas: within the following districts:
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.
1.
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 designated
by the City of Scandia.
(2) Accessory solar farm and community solar gardenDistribution SES uses are
exempt from the Residential and Agricultural Accessory Structure standards
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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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 Distribution SES 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 twoa vertical sketch elevations 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 sketches shall depict the
proposed system’s relationship to structures on adjacent lots within 150 feet of
the parcel boundary (if any), and include a depiction of views from the ground
elevation of adjacent residences to the solar installation, one sketch showing
the view without screening and the other sketch showing the view with
proposed screening, . The sketch elevations 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.
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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Utility poles associated with each one (1) megawatt AC of electricity shall
be limited to one interconnection pole to the solar array. Additional pole(s)
may be required by the utility in the public right-of-way, if required by the
utility. The applicant shall provide a letter from the utility indicating that the
utility has reviewed the plans & specifications and determined if it can
accommodate the installation with no more than one new pole in its easement
area. The City will not approve any application unless the utility provides
written assurance, to the City’s satisfaction, that the utility would require only
one new pole in its easement area. The proposed placement of all utility poles
and any proposed aerially mounted equipment shall be shown in any proposed
plans submitted.
(D)(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.
(E)(F) Decommissioning Plan. The applicant shall submit a decommissioning
plan to ensure that facilities are properly removed after their useful life. If the
Distribution SES 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.
(F)(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) 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. 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) Distribution SES Solar farms and community solar gardens shall be in
compliance with all applicable local, state and federal regulatory standards,
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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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 Distribution SES 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 obsure fully obscure the view of the energy project
within the scenic corridor.
(D) All Distribution SES solar farms and community solar gardens shall be
setback a minimum 75 feet’ from all parcel boundaries and 350 feet from
residential structures on adjacent 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) Distribution SES Solar farms and community solar gardens shall be setback a
minimum of 500 200 feet from the centerline or 150 feet from the right-of-
way of minor arterial roadways or 200 feet from the centerline of all other
public road right-of-ways, whichever is greater.
(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.
(G) All components of the Distribution SES 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 of height sufficient to provide a
visual screen of the solar from adjacent rights-of-way, and from residences on
adjacent parcels existing at the time of installation, as viewed from six (6) feet
above ground level at the residential structural wall that sits closest to the
solar installation. The visual screen shall be opaque during the summer
monthsup 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 within four (42) growing seasons from the date of project
approval. Between thirty (30) percent and fifty (50) percent of the area of the
Proposed Ordinance revisions for review at Scandia Planning Commission 4/2/19
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vegetative buffer, as measured in square feet, shall be composed of evergreen
plantings interspersed throughout the screen. The City will 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 by the
applicant. The planting and screening plan must be approved by the City.
(G)
(H) Distribution SES 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.
(H)(I) 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.
(I)(J) All plans submitted for building permit approval must be prepared by a
licensed, professional engineer. 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)(K) 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 reasonablye precludes burial.
(K)(L) All Distribution SESsolar 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. Distribution
SES 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)(M) The surface area of posts and related equipment for ground-mounted
systems in combination with driveways, structures and other impervious
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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 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.
(N)(O) If lighting is provided at the project, lighting shall be shielded and downcast
such that the light does not spill onto adjacent properties.
(O)(P) If the Distribution SES 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.