6.) Ordinance No __ Solar Farms DRAFT 4 7 15
Ordinance No. ____ Page 1 of 5
CITY OF SCANDIA
ORDINANCE NO.: ___
AN ORDINANCE AMENDING
ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE,
CHAPTER 1, DEFINITIONS AND CHAPTER 2, SECTIONS 2.0, REGARDING
DISTRICTS AND 4.0 STANDARDS FOR USES
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 to
read as follows:
(1) Solar Collector: A device, structure or a part of a device or structure for which the
primary purpose is to capture sunlight and transform it into thermal, mechanical,
chemical or electrical energy.
(2) Solar Energy System: A device or structural design feature, a substantial purpose o f
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.
(3) Solar Energy System, Building-Integrated: A solar energy system that is an integral
part of a principal or accessory building, replacing or substituting for an architectural
or structural component of the building. Building integrated systems include, but are
not limited to, photovoltaic or hot water solar energy systems that are contained
within or substitute for roofing materials, windows, skylights, awnings and shade
devices.
(4) Solar Energy System, Ground-Mounted: A freestanding solar system mounted
directly to the ground using a rack or pole rather than being mounted on a building.
(5) Solar Farm: a commercial facility that converts sunlight into electricity, whether by
photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion
technology, for the principal purpose of wholesale sales of generated energy.
Section 2. Amendment. Ordinance No. 122, the City of Scandia Development Code
(“Development Code”, or “Code”), Chapter Two, Section 2.0, Districts, shall be amended to
read as follows:
2.4 Agriculture Core (AG C)
(4/5) Uses with a Conditional/Interim Use Permit
(V/F) Solar Farm
2.10 Industrial Park District (IP)
(4/5) Uses with a Conditional/Interim Use Permit
(S/A) Solar Farm
Ordinance No. ____ Page 2 of 5
PC Discussion: Should solar farms be permitted as a use in the General Rural
District, Agriculture Preserves, Village Neighborhood, or other zoning districts?
Section 3. Amendment. Ordinance No. 122, the City of Scandia Development Code
(“Development Code”, or “Code”), Chapter Two, Section 4.0, Standards for Uses, shall be
amended to read as follows:
4.32 Solar Farm. A solar farm shall comply with all of the following standards.
(1) Districts and Permits.
(A) Solar Farms are allowed within the Agricultural and Industrial zoning districts
and require a Conditional/Interim Use Permit.
(B) Solar Farms are prohibited:
1. Within areas designated as Shoreland districts by the Department of Natural
Resources and the City of Scandia.
2. Within wetlands to the extent required by the Minnesota Wetlands
Conservation Act.
(2) Permit Application
(A) Existing Site Plans Required. The applicant for a solar farm 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.
(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; and proposed erosion and sediment
control measures.
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. The sketch shall depict the proposed system’s
relationship to structures on adjacent lots within 150 feet of the parcel boundary
(if any).
Ordinance No. ____ Page 3 of 5
(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 local utility prior to the issuance of a building permit, and provide
a copy of the agreement to the City with the CUP/IUP application. The system
operator shall provide a visible external disconnect if required by the utility.
(E) Natural Resource Assessment. For solar farms with a project size exceeding ten
(10) acres, the applicant must provide a Natural Resource Impact Assessment.
The assessment shall address potential project impacts to natural vegetation,
native plant communities, soils, surface waters, wetlands, wildlife and non-game
species, rare resources (based on data from the MN DNR Natural Heritage
Information System), and fisheries.
(F) Natural Resource Impact Mitigation Plan. If the Natural Resource Assessment
indicates that the project may impact natural resources, the application shall
include a mitigation plan to avoid or minimize impacts, rectify an y temporary
impacts, or mitigate impacts.
(G) 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
(H) 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.
(3) Performance Standards
(A) Minimum lot size?
(B) Solar farms shall be in compliance with any applicable local, state and federal
regulatory standards, including the State of Minnesota Uniform Building Code, as
amended; and the National Electric Code, as amended.
(C) All solar farms shall comply with the principal structure setback standards and lot
coverage standard for the applicable zoning district in which they are located.
Ordinance No. ____ Page 4 of 5
(D) Ground-mounted solar energy systems shall not exceed fifteen feet (15’)/(20’) in
height.
(E) Solar farms shall be screened from view of the public right of way to the extent
possible without reducing their efficiency by setbacks, berming, existing
vegetation, landscaping, walls or a combination thereof. (Option: Solar farms
with panels located at least 150’/200’ from any adjacent public street right-of-way
or residential use shall not require screening.)
(F) Solar farms 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.
(G) 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.
(H) 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 reasonable precludes
burial.
(I) All solar farm 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.
(J) 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.
(K) 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.
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(L) 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 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 ________, 2015.
Randall Simonson, Mayor
ATTEST:
Kristina Handt, Administrator/Clerk