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08.b3 Ordinance Regarding Solar Energy Systems - Proposed Amendments with Redline edits Page 1 of 7 CITY OF SCANDIA ORDNANCE NO.: ____ AN ORDINANCE AMENDING THE SCANDIA DEVELOPMENT CODE CHAPTER 1, SECTION 4.2, REGARDING DEFINITIONS, CHAPTER 2, SECTION 4.34(B), REGARDING SOLAR ENERGY SYSTEMS, CHAPTER 5, SECTION 2.6, REGARDING DEFINITIONS, AND CHAPTER 5, SECTION 4.23, REGARDING SOLAR ENERGY SYSTEMS The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1 Amendment. The City of Scandia Development Code (“Development Code”, or “Code”) Chapter 5, Section 4.23 Land Uses for lake classifications table shall be amended to add the following use as a Conditional Use under Commercial, Public, and Utilities uses. Distribution Scale Solar Energy System (Distribution SES)* *Must meet requirements of Chapter 2, Section 4.34(B)(1) Section 2 Amendment. The City of Scandia Development Code (“Development Code”, or “Code”) Chapter 5, Section 2.6 Definitions shall be amended to add the following definition (15) Distribution Scale Solar Energy System (Distribution SES). A type of solar energy system, as defined in Chapter 1 of the Scandia Development Code. Section 3 Amendment. 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 (275) Scenic Canvas: A scenic canvas shall be a perforated banner that provides immediate screening of a Distribution SES. The scenic canvas shall be made from materials that are designed to last a minimum of five years in exterior weather conditions. The perforated banner shall attach to fencing, and shall have a design printed on it of natural vegetation or scenic views to match the existing surroundings of the Distribution SES. Section 4 Amendment. The City of Scandia Development Code (“Development Code”, or “Code”), Chapter Two, Section 4.34(B) 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: Formatted: Font: Not Bold, No underline Formatted: Font: Italic Commented [EPM1]: This is referencing the proposed criteria on the following pages of this document Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Font: Not Bold, No underline Formatted: Font color: Dark Red Commented [EPM2]: Definition from Applicant. Text that is new/different from current ordinances is in red throughout this document Formatted: Font color: Dark Red Formatted: Font color: Dark Red Formatted: Indent: Left: 0", First line: 0" Page 2 of 7 (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: 1. Within areas designated under City of Scandia Development Code as Shoreland Overlay District unless all conditions stated below are met: a. The waterbody within the Shoreland Overlay District must be completely encapsulated by land within the AG C zoning district. a.i. Waterbodies that are completely encapsulated by land within the AG C zoning district but within the St. Croix River District would not meet the above requirement. b. All structures and facilities must not impact views from public waters, and views to water bodies from public throughways through screening requirements found in subsection (4) of this Section. c. Vegetation removal shall follow the requirements of Chapter 5, Section 8.2, and Chapter 2, Section 3.11 of the Development Code. 2. Within areas designated under City of Scandia Ordinance as St. Croix River District. 3. 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. 4. 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 Commented [EPM3]: Proposed change by applicant Formatted: Font color: Dark Red Commented [EPM4]: Would ensure shorelands around Falls Creek are not permitted to have distribution solar still Commented [EPM5]: Staff added references here to vegetation clearing req’s here Ch 5, Section 8.2 is shoreland req’s Ch 2, Section 3.11 Woodland Preservation Formatted: Font color: Dark Red Formatted: Font color: Dark Red Page 3 of 7 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 shall 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 Page 4 of 7 In Lieu of Taxes Agreement to compensate the City for any prospective tax revenue that may be lost due to such reclassification. (4) Screening Standards (A) Distribution SES shall be screened from view from nearby or affected properties using the screening elements listed below, and requires 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. a. All components of a Distribution SES located within the Shoreland Overlay district shall be screened by a scenic canvas, setbacks, existing vegetation, terrain, landscaping, or a combination thereof. b. All components of a Distribution SES located outside the Shoreland Overlay district shall be screened by a scenic canvas, setbacks, berming, existing vegetation, terrain, landscaping, or a combination thereof. (B) The visual screening 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. a. In lieu of the evergreen requirement, the city may allow for perennial agriculture crops that provide required screening year round based on applicant’s intended use of the property within four (4) growing seasons. The screening must meet coverage and plant densities to fully obscure the installations from. (C) The City will require, at its discretion, 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 the full replacement of scenic canvas, 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), or perennial agriculture crops, and must be approved by the City. (D) Scenic canvases permissibility. a. Scenic canvases may only be used for temporary screening for Distribution SES installations during the required period of time needed for vegetation and landscaping to achieve fully obstructed screening requirements as specified in this section (Ch. 2 Sec. 4.34(B)(4)(G), and are intended to mimic required vegetation only. Use in such projects is only permissible if: i. It has been approved as part of the project application; or, ii. It has been required as a permit condition. (b) If a canvas was not included as part of an original application, but has been required as part of a conditional approval, than the applicant shall provide the City with a site plan and a visual sample of the canvas design based on the requirements of this section for the City's final approval. b. Requirements. Applicants shall supply a visual representation of the appearance of the canvas for review by the City. Canvas designs must: i. Serve as camouflage only; Commented [EPM6]: Moved screening from 4(G) to a separate section, & broke it down into subsections for readability Formatted: Font: 11 pt Formatted: Font: 11 pt Commented [EPM7]: This is the current requirement Formatted: Font: 11 pt Formatted: Font: 11 pt Commented [EPM8]: Proposed change from applicant. Formatted: Font: 11 pt Formatted: Font: 10 pt Commented [EPM9]: This further details the requirements of a scenic canvas Formatted: Font: 11 pt, Font color: Red Page 5 of 7 ii. Mimic the appearance of the vegetation as approved for screening or that of natural vegetation of the area and surroundings. c. Prohibitions. Canvases that include visible messages or depict images other than what is required are not eligible for use as scenic canvas. Scenic canvases may not be used as a substitute for the implementation of vegetative screening or as a substitute for achieving the final required level of screening coverage within prescribed timeframes. d. Damage and replacement of canvases. If any canvas becomes damaged or fades to point it no longer camouflages prior to the completion of the compliance period to establish vegetative cover, said canvas must be replaced with 60 days of notice to array owner. Should the owner fail to comply with this requirement, the City may replace said canvas at the owner's full expense as prescribed under the developer's agreement. (5) Performance Standards (A) The limitations on the number or cumulative generating capacity of Distribution SES 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 wildlif e 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. Distribution SES eligible for placement within the Shoreland Overlay District shall meet setback requirements from the Ordinary High Water Level (OHWL) for that District. (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 twelve feet (12’) 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. Formatted: Font: 11 pt, Font color: Red Formatted: Font color: Red Commented [EPM10]: This would mean setbacks from lakes, waterbodies, etc. would still apply Page 6 of 7 (I)(G) 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. (H) 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)a. The city may allow for agriculture use or deep rooting pasture plantings under the array. If the agricultural use ceases, the array shall be planted per section (I) within 1 growing season. (K)(I) All plans submitted for building permit approval must be prepared by a licensed, professional engineer. (L)(J) 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. (M)(K) 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. (N)(L) 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)(M) 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. (O)(N) If lighting is provided at the project, lighting shall be shielded and downcast such that the light does not spill onto adjacent properties. (P)(O) 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 Commented [EPM11]: Proposed addition from applicant Page 7 of 7 a demolition permit. Removal includes the entire structure including transmission equipment. Section 5 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 ___ day of ________, ____. Christine Maefsky, Mayor ATTEST: Ken Cammileri, City Administrator