6. Current Distribution SES Ordinance from the Development CodeEFFECTIVE NOVEMBER 3, 2010 amended through May 5, 2021 (Ordinance 2021-02) Chapter Two 0 Zoning Regulations
d, Roof -mounted Local SES on commercial or industrial buildings
shall be installed so that they are compatible with the building
architecture.
e. 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.
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.
C. 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.
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.
City of Scandia Development Code, Chapter 2 109
EFFECTIVE NOVEMBER 3, 2010 amended through hlav 5, 202/ (Ordinance 202/-02) Chapter Two 0 Zoning Regulations
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 ou 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
City of Scandia Development Code, Chapter 2 110
EFFECTIVE NOVEMBER 3, 2010 amended through Hay 5, 2021 (Ordinance 202/-02) Chapter Two 0 Zoning Regulations
before approval of electrical, building, or other required pen -nits. 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
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 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 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.
City of Scandia Development Code, Chapter 2 111
EFFECTIVE NOVEMBER 3, 2010 amended through Alar 5. 2021 (Ordinance 2021-02) Chapter Two 0 Zoning Regulations
(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 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.
(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.
(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.
(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
City of Scandia Development Code, Chapter 2 112
EFFECTIVE NOVEMBER 3, 2010 annended throagh Hati• 5, 2021 (Ordinance 2021-02) Chapter Two 0 Zoning Regulations
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.
4.35 -Agritourism _Use. Agritourism Uses shall comply with all of the following standards:
(1) Agritourism Uses shall support the rural and historic character of the City, shall be designed
and operated in a manner that is compatible with Scandia's rural and small-town character,
shall not negatively impact the community.
(2) Districts and Uses.
(A) Agritourism Uses are permitted in the Agricultural Core (AG C), General Rural (GR),
Rural Commercial (R COMM), and Village Neighborhood (VN) Districts, and shall be
accessory uses to the primary use of the property for Agriculture.
(3) Permit requirements.
City of Scandia Development Code, Chapter 2 113