7.b iv. Discussion on Ordinance #210 amending the development code for solar energy systems7
Memorandum
444 Cedw Street, 5vte 1500
Saint Paul, MN 55101
651 292,4400
tHu.com
To: Scandia City Council 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: April 9, 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 16, 2019
BACKGROUND
The City of Scandia permitted, amended and then repealed its community solar ordinance over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 community solar installations has been fraught with concerns from
residents related to various aspects of how they look. 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, revisions and
installations that have occurred in the city since 2015.
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
Ordinance number
162
170
174
187
193
Date
6/16/2015 !4/19/2016! 6/16/2016 !9/19/2017
1/16/22018
Established
5 mW - south of
Amended iPassive
2016 - 5 permits
97
3 mW - 95
5/17/2016
2017 - 6 permits
solar as
Purpose
regulations for
40 kW Lofton
! community solar
1 mW - Manning
6/20/2017
community solar i
i regulations
accessory use
Performance Standards
Minimum lot size 5 acres
E
none
none
Same as principal
L
Side setback
75 minimum
20
structure
0
greater of 200' from
parallel to or behind
Front setback
centerline or 150' !
41
No Change
j
from right-of-way
c
o
j
primary structure
Height
15' maximum !
M
! !
15' maximum
toCL
up to 25' in depth
W
Screening from
to the extent !
and up to 95% of
a,
if CUP required or
right of way
possible j
j view from adjacent j
c
within 100' of right -
of -way
!
v
parcels within 2
Underground from
Power lines
array to
No change
interconnection
Fencing
£
MNDNR wildlife
need CUP if array
Size
j
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 5th meeting and
discussed. Based on that input and ongoing discussion about solar in the community, the
Planning Commission directed staff to propose a new solar ordinance, based on changes to the
last version of the city's solar ordinance. The Planning Commission discussed a proposed solar
ordinance on March 5th and April 21d and made a number of recommended changes.
The following pages provide the Planning Commission's recommendations for a new solar
ordinance.
Page 2 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
Staff considered where to place the proposed solar ordinance language in the Development
Code. The most logical location is that it be added under Chapter 2, Section 4.34, following the
existing code language for solar energy systems.
This staff report packet includes two versions of the proposed solar ordinance language.
(1) Shows proposed solar language as a revision to the former solar ordinance.
(2) Shows proposed ordinance as an addition to Chapter 2, Section 3.43.
PROPOSED STANDARDS FOR DISTRIBUTED SOLAR ENERGY SYSTEMS AND
CHANGES FROM THE LAST SOLAR ORDINANCE
The summary below highlights proposed regulations and underlines those that are key changes
from the city's last solar ordinance.
Name and Definition
• One key item addressed was the naming convention for the solar energy systems, since
"community solar" and "solar garden" have unique meanings in other contexts, which
may differ from what's envisioned for Scandia. A new naming convention has been
suggested for the systems — "Distribution Scale Solar Energy System (Distribution
SES)".
o Chapter 1 of the Scandia Code currently includes a definition for "Solar Energy
System (SES)". The code would be amended to add a refined definition to
differentiate between local service arrays and off-site serving arrays. "A
Distribution Scale Solar Energy System (Distribution SES) operates to distribute
energy to predominantly off-site users. A Local Service Solar Energy System
(Local SES) operates to distribute energy predominantly to on-site uses. "
Zoning Districts
• Allow in Agriculture Core (AG C) zoning district only. Do not allow in General Rural (GR)
and Agriculture Preserves (AP) zoning districts.
Size
Use screening instead of size limit to address visibility concerns. The idea of limiting the
solar array systems to 1 MW or less in size has been discussed as a way to address
concerns about the arrays being a visual nuisance. However, after lengthy discussion at
Planning Commission, it recommended enhanced and robust screening as the way to
reduce visibility, as opposed to limiting array size.
Poles
• Limit the Distribution Scale SES to only one (1) interconnection pole. City cannot limit
Xcel as to how many poles it places in the right-of-way, but excessive Xcel poles have
Page 3 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
not been the issue. Xcel is likely to add only one pole in the right-of-way to connect to
the SES, just as it does to connect to new business or residential properties.
Distance from Adjacent Uses
Setback at least 75 feet from property lines.
Setback closest solar panel at least 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
• Limit height to twelve (12) feet when oriented at maximum tilt, instead of previously
allowed fifteen (15) feet.
Vegetative Buffer
• Provide enough screening to create a fully opaque screen in the summer months to
adjacent rights-of-way and existing residential structures on adjacent parcels.
• Required screening to be achieved within 4 growing seasons.
• At least 30% and up to 50% of vegetative buffers to be composed of evergreen
plantings, interspersed through the planting screen.
• Planting area under and around arrays to be deep rooted, native grass and pollinator
mix suitable to soil type and moisture conditions.
• Applicant required to provide an escrow, bond or letter of credit to the City to ensure that
screening is installed and survives.
Fencing
• Must be mounted on wood posts.
• Chain link, 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.
Application
• Must include two renderings of the view from six feet above the ground level oio�n of
adiacent residences to the solar installation — one sketch showina the view without
screening and the other sketch showing the view with proposed screening.
Page 4 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
PROPOSED SOLAR ORDINANCE AS COMPARED TO
CITY'S PREVIOUS SOLAR ORDINANCE NO. 122
Chapter Two, Section 3.2, Solar Farms and Community Solar Gardens
Distribution Scale Solar Energy Systems Soles and Geffffn nits Soler Gar -dens.
Sola- rams and enity sola. gardens shall comply with all of the following standards:
(1) Districts and PitsSize Limits
(A) Distribution Scale Solar Energy Systems Solar- & :ms and ,.,,w,w.-unity so
gar -dens are allowed within the Agriculture Core (AG C)_, ^ ., ; ,,'tuf-
Droson es (AP` and nonoral Rural (GR zoning districts and require a
Conditional Use Permit. in the
rim
Eb. Solar F.,fms q!l The City prohibits ibits seta- rafms and eemmunity Sala
,,. Ener- systemsDistribution SES are prohibited
in the followingawithin the following distf! ets:
1. Within areas designated maunder City of Scandia Ordinance as St. Croix
River District or Shoreland Districts by the Department of Na4,,, a
and their
associated setback areas.
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 designate
by the City of Scandia.
(2) Distribution SES 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 described in (4)(M) and
elsewhere in this Development Code.
(3) Permit Application
(A)Existing Site Plans Required. The applicant for a s„'.,,. faf or ,.,.mm-uni y
Distribution SES shall submit a detailed site plan of existing
conditions, showing site boundaries; existing access roads, driveways, and
Page 5 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
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 two a -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 e
the paFeel b,.,,ndaiy (f a y) as viewed from six (6) feet above ground level at
the residential structural wall that sits closest 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.
LIXInterconnection 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 shall be limited to one interconnection pole for the solar array
system. The proposed placement of all utility poles and any proposed aerially
mounted equipment shall be shown in any proposed plans submitted.
"LELLiability 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.
Page 6 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
(E)ffi Decommissioning Plan. The applicant shall submit a decommissioning
plan to ensure that facilities are properly removed after their useful life. If the
Distribution SES &,.hw eneF y &y4em 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)taPayment 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- fanns whieh have a generating eapaeity of 50 megawatts of power of
more shall fall under- the jufisdietion of the Minnesota P4he U44ities
Commissie 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 c^'ar 4 :ms and ^ nity solar- gar -dons 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 Distribution SES sela-. � �or- een*Hu*45, sola. garde„ 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 woulde fully obscure the view of the energy project
within the scenic corridor.
Page 7 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
(D)A14-The nearest solar panel of the Distribution SES solaf &Fffls ^„a
unity solar- gafde sshall be setback a minimum 75 feet'- from all parcel
boundaries and 350 feet from existing residential structures on adjacent
parcels existing at the time of the permit application. The City may require
wider setbacks if it determines that the wider setbacks are warranted by the
potential impacts to adjacent properties.
(E) The nearest solar panel of the Distribution SES Solar- rnms and eommt 4y
solar gar -den shall be setback a minimum of 500 2-W feet from the centerline
or- 150 feet fie the ,. ght of way of minor arterial roadways or 200 feet from
the centerline of all other public road right-of-ways, «''i^hv.,v, ^ro�*�r
(F) Ground -mounted solar energy systems shall not exceed twelve fifteen feet
(12'4-51) 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 Selaf fi s and eomffmnity so!
gar -dens shall be screened f en view ffen the „ublie right ^f.. ay to the extent
pe&4b4e-by setbacks, berming, existing vegetation, terrain, landscaping, or a
combination thereof. The City may f!eq ire that th-e solar arrays shall 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 fully obscure view of
the solar panels during the summer months '
of up to ninety five (95) per-een4 of the view of the sela-F a-r+ays ffem adjaeen4
peels. The required screening shall be achieved within four L42) growing
seasons from the date of project approval. At least thirty (30) percent and at
most fifty (50) percent of the area of the 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 b,. thepplicant. The planting and
screening121an shall utilize the recommended plant types described in Chapter
2, Section 3.12(4)(G) and must be approved by the City.
(H) Distribution SES are subject to
stormwater management and erosion and sediment control best practices,
including DNR guidance on Wildlife Friendly Erosion Control, and NPDES
permit requirements, and shall obtain required permits from the MPCA, local
Watershed District, City and others.
Page 8 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
{ }(1) 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.
(1)(J) All plans submitted for building permit approval must be prepared by a
licensed, professional engineer.The ,r u fact , er's engineer- another- qali fiea
- shall eei4ify thm the foundation and design of the selaf panels is withl*
1 professional standards, given local soil and elimate 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}(LL_All Distribution SESs^'^r f m and eonHnunity solar gar -der 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 Selaf fiffffis 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.
(L4LM The surface area of posts and related equipment for 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.
NgAny fences or barriers installed for the project shall be mounted on wood posts,
shall not include any chain link, barbed or razor wire, shall not exceed eight
in height from the ground, and shall incorporate wildlife -friendly design with gaps
at the bottom for passage of birds and small animals. The City will utilize
Page 9 of 10
Proposed Solar Ordinance — Staff Report to Scandia City Council 4/16/19
recommendations from the Minnesota DNR to determine if the fence design is
wildlife -friendly.
{t(0) If lighting is provided at the project, lighting shall be shielded and downcast
such that the light does not spill onto adjacent properties.
"T)_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.
Page 10 of 10
CITY OF SCANDIA
ORDNANCE NO.: 210
AN ORDINANCE AMENDING THE SCANDIA DEVELOPMENT CODE
CHAPTER 1, SECTION 4.2, REGARDING DEFINITIONS AND
CHAPTER 2, SECTION 4.34, REGARDING SOLAR ENERGY SYSTEMS
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 One, Section 4.2 Definitions shall be amended for the addition of the
underlines as follows
(312) Solar Energy System (SES): A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for the collection, storage and
distribution of solar energy for heating or cooling, electricity generation, or water heating. A
Distribution Scale Solar Energy System (Distribution SES) operates to distribute energy to
predominantly off-site users. A Local Service Solar Energy System (Local SES) operates to
distribute energy predominantly to on-site uses.
Section 2 Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development
Code", or "Code"), Chapter Two, Section 4.34 Solar Energy Systems shall be deleted in its
entirety and replaced with the following:
4.34(A) Local Service Solar Energy System — (Local SES). Local Service Solar Energy Systems are a
permitted accessory use in all districts. As an accessory use, a Local SES is permitted to the
extent that it operates primarily to provide solar energy for the primary use and the permitted
accessory uses on the property on which it is located, and shall comply with the following
requirements:
(1) Approvals required
(A) Building -integrated, passive solar, and roof -mounted Local SES are allowed as
uses in all zoning districts. Building -integrated and passive solar energy systems
are exempt from the requirements of this section and shall be regulated as any
other building element.
(B) One ground -mounted Local SES with a footprint up to a maximum eight hundred
square feet (800 sq. ft.) is allowed as an accessory use in all zoning districts. A
ground -mounted Local SES with a footprint that exceeds 800 sq. ft. shall require
a conditional use permit.
(C) All Local SES require a building permit. A building permit application must be
submitted and approved by the building official before an accessory solar energy
system is installed. The information required and the procedure to be followed
for all Local SES applications shall be the same as that required for a building
permit. In addition, the applicant shall submit supplementary information
pertaining to the nature of the accessory solar energy system including:
Total square footage of the solar energy system.
2. Total energy production for the site.
3. To scale horizontal and vertical (elevation) drawings.
4. Drawings must show the location of the system on the building or on the
property including the property lines and proposed screening, if required.
(E) Performance Standards
Standards for all SES
a. Code Compliance. All Local SES shall comply with the
Minnesota State Building Code and Electrical Code.
b. Approved Solar Components. All Local SES components must
have an Underwriters Laboratories, Inc. (UL) listing.
Solar Panel Glare. All Local SES 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.
d. Utility Notification. No Local SES shall be installed until
evidence has been given to the City that the owner has notified
the utility company of the customer's intent to install an
interconnected customer -owned generator. Off -grid systems are
exempt from this requirement.
Safety Measures. 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 screen and landscaping provisions of this
Development Code.
f. Abandonment. If the solar energy system remains nonfunctional
or inoperative for a continuous period of twelve (12) months, the
system shall be deemed abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their
expense within ninety (90) days. Removal includes the entire
structure including transmission equipment, structures and
foundations, and the restoration of soil and vegetation.
Roof -Mounted and Building -Mounted Local SES
a. Roof- and building -mounted Local SES are not accessory
structures and are excluded from the size and number limitations
for accessory structures in this Development Code.
b. Building and roof -mounted Local SES shall comply with the
primary structure setbacks for the zoning district on which the
system is located.
Building and roof -mounted Local SES shall not exceed the
maximum allowed building height in any zoning district.
d. Roof -mounted Local SES on commercial or industrial buildings
shall be installed so that they are compatible with the building
architecture.
Roof -mounted Local SES shall not extend beyond the perimeter
of the building on which the system is mounted or built.
Exterior piping for solar hot water systems shall be allowed to
extend beyond the perimeter of the building.
3. Ground -Mounted SES
a. One ground -mounted Local SES with a footprint up to a
maximum eight hundred square feet (800 sq. ft.) is allowed as an
accessory use in all zoning districts. A ground -mounted Local
SES with a footprint that exceeds 800 sq. ft. shall require a
conditional use permit.
b. Ground -mounted Local SES are excluded from the size and
number limitations for accessory structures permitted by this
Development Code.
Ground -mounted Local SES are excluded from the lot coverage
requirements of the Development Code if the area under the SES
is permanently vegetated.
d. Ground -mounted Local SES shall not exceed fifteen (15) feet in
height when oriented at maximum tilt.
Ground -mounted Local SES shall be screened from view from
the public right of way if 1) the Local SES requires approval of
a CUP, 2) if the Local SES is placed on a parcel located on a
lakeshore, or 3) if the Local SES is located within one hundred
feet (100') of a roadway right-of-way. Screening may be
accomplished by using setbacks, berming, existing vegetation,
landscaping, or a combination thereof.
Section 3 Amendment. Ordinance No. 122, the City of Scandia Development Code ("Development
Code", or "Code"), Chapter Two, Section 4.34 Solar Energy Systems shall be amended with the
addition of the following:
4.34(B) Distribution Scale Solar Energy System - (Distribution SES) Distribution SES are allowed within
the Agriculture Core (AG C) zoning district and require a Conditional Use Permit. As a primary use, a
Distribution SES is permitted to the extent that it is the primary use on a property and operates to
distribute energy to predominantly off-site users, and shall comply with the following requirements:
(1) Districts and Size Limits
(A) Distribution SES are allowed within the Agriculture Core (AG C) zoning district
with a Conditional Use Permit.
(B) Distribution SES are prohibited in the following areas:
Within areas designated under City of Scandia Ordinance as St. Croix
River District or Shoreland District and their associated setback areas.
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.
Within the Floodplain District and associated setback areas as designated
by the City of Scandia.
(2) Distribution SES 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 as described in (4)(M)
of this section and elsewhere in this Development Code.
(3) Permit Application
(A) Existing Site Plans Required. The applicant for a 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 two 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 as viewed from six (6) feet
above ground level at the residential structure wall that site closest 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.
Utility poles shall be limited to one interconnection pole for the solar array
system. The proposed placement of all utility poles and any proposed aerially
mounted equipment shall be shown in any proposed plans submitted.
(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
Distribution SES 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) Distribution SES 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 Distribution SES 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 fully obscure the view of the energy project
within the scenic corridor.
(D) The nearest solar panel of the Distribution SES shall be setback a minimum 75
feet from all parcel boundaries and 350 feet from existing residential structures
on adjacent parcels existing at the time of the permit application. The City may
require wider setbacks if it determines that the wider setbacks are warranted by
the potential impacts to adjacent properties.
(E) The nearest solar panel of the Distribution SES shall be setback a minimum of
500 feet from the centerline of minor arterial roadways or 200 feet from the
centerline of all other public road right-of-ways.
(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 shall be screened by setbacks, berming,
existing vegetation, terrain, landscaping, or a combination thereof. The solar array
shall 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 fully obscure view of the solar panels
during the summer months. The required screening shall be achieved within four
(4) growing seasons from the date of project approval. At least thirty (30) percent
and at most fifty (50) percent of the area of the 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
shall utilize the recommended plant types described in Chapter 2, Section
3.12(4)(G) and must be approved by the City.
(H) Distribution SES are subject to stormwater management and erosion and
sediment control best practices, including DNR guidelines on Wildlife Friendly
Erosion Control, and NPDES permit requirements, and shall obtain required
permits from the MPCA, local Watershed District, City and others.
(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.
(J) All plans submitted for building permit approval must be prepared by a licensed,
professional engineer.
(K) Power and communication lines that are not defined in this ordinance as Essential
Services and running between banks of solar panels and the interconnection pole
or other point of interconnection 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 reasonably precludes
burial.
(L) All Distribution SES 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 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.
(M) The surface area of posts and related equipment for 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.
(N) Any fences or barriers installed for the project shall be mounted on wood posts,
shall not include any chain link, 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.
(0) If lighting is provided at the project, lighting shall be shielded and downcast such
that the light does not spill onto adjacent properties.
(P) If the Distribution SES 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 4. 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 April, 2019.
Christine Maefsky, Mayor
ATTEST:
Neil Soltis, Administrator/Clerk