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5.b SolarOrdinanceIssuesOptionsPC 6 7 16 Memorandum To: Scandia Planning Commission Reference: Solar Ordinance Issues and Options Copies To: Neil Soltis, Administrator Brenda Eklund, Clerk Project No.: 16023.000 From: Sherri Buss, RLA AICP, Planner Routing: Date: May 12, 2016 The Planning Commission identified items in the current solar ordinances that should be studied during the solar ordinance moratorium, and requested that staff provide options for consideration at the meeting on June 7. This memo identifies the issues and provides options for the Planning Commission to discuss that we found in other ordinances or identified by staff. Sources for the options included model ordinances and adopted ordinances from the U.S. and Midwest that were identified on the American Planning Association website or in Google searches. Screening—including options for types of screening and locations for screening and fencing 1. (California Model Ordinance) Solar Farms/Gardens in Scenic areas, as designated in the General Plan (like Comprehensive Plan): “In Scenic Areas, efforts shall be made by the Applicant, to the maximum extent practicable, to shield the solar facility from public view. On-site power lines shall, to the maximum extent practicable, be placed out of sight or underground. “All ground-mounted facilities shall be sited behind existing vegetation (which shall be supplemented with landscaping where not adequate to screen the project) or be sited using the natural topography to screen the project.” 2. (Oregon Model Ordinance) [Scenic corridors include federal or state scenic byways, scenic highways, scenic areas, scenic waterways, and local scenic view corridors listed in the comprehensive plan.] “If the proposed energy project is adjacent to a formally-designated scenic corridor, the applicant agrees to implement mitigation measures that would protect the resource values of the designated scenic corridor as a condition of approval. Such measures may include, but are not limited to, using colors that blend with the background, setting the development back from a right-of-way or stream corridor, using the natural topography to screen the energy project, and retaining or planting vegetation that would obscure the view of the energy project within the scenic corridor.” 3. (2 counties in North Carolina) Solar Ordinance Options Scandia Planning Commission Page 2 June 7, 2016 “Solar farms with panels located at least 150 feet from an adjacent public street right-of-way, residentially-zoned property, or residential use shall not require screening. “Solar farms with panels located less than 150 feet form an adjacent public street right-of-way must meet the following requirements:  Street buffers shall be required and existing vegetation should be used to satisfy these planting requirements where possible. No vegetation or fence shall interfere with a required clear site triangle at a driveway or intersection. Berms with Vegetation are encouraged as a component of any street buffer and the Planning Director may allow up to 25% reduction in the required buffer depth with a berm.”  Buffer vegetation requirements include one canopy tree per 100 linear feet of property frontage, or 2 understory trees per 100 linear feet of property frontage.” 4. (Chisago County, MN) “Buffer screening from routine view of the public right-of-way and immediately adjacent residences shall be required in an attempt to minimize the visual impact of above grade site improvements and any extensive or imposing perimeter security fencing that is proposed. Low- lying screening, shrubbery, or other native vegetation shall be required around site perimeters or security fencing. 5. (Stillwater Township, MN) Solar farms and community solar gardens shall be screened from view of the public right-of-way to the extent possible and may be required to be screened from view from nearby or affected properties, by topography, setbacks, berming, existing vegetation, landscaping or a combination thereof. The Township may require a buffer between the solar farm or community solar garden and adjoining properties. Summary:  View protection and screening are most often required for solar facilities located in or near designated Scenic Areas and public roadways  Types of screening required are generally similar to the Scandia ordinance  Some ordinances include protection for adjacent residences  Ordinance criteria may specify the depth of the buffer ( i.e. double row of trees, 25’ feet wide, or other specified depth) and the timing for when the screening objective would be achieved (“The screening shall meet the ordinance standard at planting”; “within two years”, or similar) Fencing 1. (California Model Ordinance) Solar farms/gardens shall “Be enclosed by a fence, barrier, barbwire, razor wire or other appropriate means to prevent or restrict unauthorized persons or vehicles from entering the parcel(s). Fences or barriers shall incorporate wildlife-friendly design (not defined). No barrier shall be required where projects employ full-time security guards or video surveillance.” 2. (Chisago County) “Natural wildlife, wetland, woodland or other lineal corridors shall remain open to travel by native fauna, reptiles, and birds. Perimeter fencing and security measures must accommodate unimpeded wildlife migration through large solar array development sites and areas. Plan Solar Ordinance Options Scandia Planning Commission Page 3 June 7, 2016 approval may require corridor replacement, relocation, removal, and/or protection as determined by the Zoning Administrator. Setback requirements—from property boundaries, natural resources of concern, etc. Setbacks in most model ordinances and adopted ordinances are similar to those used in Scandia, and are usually the same as the structure setbacks in the zoning districts. Some exceptions include: (California Model Ordinance) included the following:  30’ front/rear/side setbacks in Agricultural Districts  100’ front/rear/side setbacks in Rural Residential Districts (parcel size 10 acres or less) (Stillwater Township)  “Solar farms and gardens shall comply with the principal structure setback standards…The Township may require a greater setback between adjoining properties if conditions warrant.” Characteristics of land areas where solar gardens and farms should be permitted or prohibited, siting decisions 1. (California Model Ordinance) Protected lands “Protected Lands that are potentially incompatible locations, requiring environmental permits, include:  Floodways  Wetlands, wetland buffers, riparian corridors, or open water  In agricultural zones, areas mapped by the State as Prime Farmland, Farmland of Statewide Importance, and Unique Farmland  Habitats of special status, threatened, endangered, candidate or fully-protected species, species of special concern, Environmentally Sensitive Habitat Areas, important habitat/wildlife linkages or areas of connectivity, and areas covered by conservation easements that preclude development. (If proposed in such areas, the solar facility requires a conditional use permit and/or environmental review.)  Lands within easements where solar facilities are a prohibited use 2. (California Model Ordinance) Agricultural Resources Solar facilities “Shall limit the amount of disturbance to Prime Farmland, Farmland of Statewide Importance, Unique Farmland and Locally-Important agricultural lands to the highest extent possible and consistent with local agricultural preservation requirements, unless determined by the review authority, in consultation with the Agricultural Commissioner, to be chemically or physically-impaired.” 3. (North Carolina ordinance) Agricultural Soils “The applicant shall demonstrate by credible evidence that 1) the area proposed for the principal solar energy system does not predominantly consist of Class I, II and/or class II soils, as identified in the soil survey, and is generally unsuitable for agricultural purposes.” 4. (Staff) Grades Solar farms and gardens shall be located on sites where the proposed maximum elevation on the parcel(s) is no higher than the highest elevation of adjacent roadways. If the elevations on the proposed site are higher than adjacent elevations, the applicant shall demonstrate that the project shall be screened from view from adjacent roadways and parcels using existing Solar Ordinance Options Scandia Planning Commission Page 4 June 7, 2016 vegetation, berming, or a combination of berming and vegetative screening that effectively screens the project from views when construction is complete. Size of parcels—minimums and maximums Many local governments identify minimum sizes for principle solar projects. Very few identify maximums, except for noting that very large project must be permitted by State rather than local governments. Generally, solar projects generally need to comply with the minimum lot sizes in zoning districts. In Minnesota:  Stillwater Township--minimum parcel size for solar farms and gardens is 25 acres  Eureka Township—minimum parcel size is 10 acres and maximum is 70 acres  Chisago County—minimum parcel size is 5 acres; solar farms over 20 acres in size require a CUP  California Model ordinance—No more than eighty percent (80%) of the total lot area shall be utilized for a solar energy system installation. Zoning Districts Most model ordinances and other ordinances permit solar farms and gardens in agricultural and industrial districts. Some local governments permit them in large-lot rural residential districts. The systems are generally prohibited in urban residential districts, and in areas designated as special Scenic or Resource areas. The discussions regarding overlay districts included the following; 1. (Massachusetts Office of Energy and Environmental Affairs) “Some communities may wish to conduct a feasibility analysis to determine where large-scale solar energy systems are most appropriate within the municipality and use an overlay zoning district approach to encourage the siting of facilities in the most feasible locations. Once an area has been established through a thoughtful and analytical process, the municipality could enact overlay zoning legislation to prioritize these areas for large-scale solar energy systems. ” The overlay districts are areas where solar systems are allowed by right—in other areas they would require permits. The State office expressed concerns that the overlay districts not include areas where a significant number of trees would be removed to develop solar facilities. (Significant is not defined.) 2. (California Permitting Guide) – uses a Renewable Energy Combining Zone (overlay) for larger solar projects  Solar zones may be included within the following districts: Agriculture/Non- Prime/Grazing Lands, Rural Development, General commercial, heavy Industrial/Public Facilities  Solar zones may not be combined with Agricultural zones with prime soils  Solar zones may not be combined with Residential zones, or within 300 feet of an urban service area or land zoned for urban residential use  Solar zones may not be applied in areas designated as Biotic, Historic or Scenic Resources in the Comp Plan, unless a protective easement is established to protect the resources Limitations on numbers of solar gardens or farms No examples were found of limits on the numbers of solar gardens or farms in a community. Establishing such limits would need to be based on objective criteria, or could be seen as arbitrary. Limits on solar facilities are based on zoning standards that restrict the facilities to particular zoning districts, parcel sizes, and site characteristics where they are an appropriate use. Solar Ordinance Options Scandia Planning Commission Page 5 June 7, 2016 Issues related to aesthetics, rural and historic character 1. (California Model Ordinance) Landscape aesthetics “The renewable energy facility shall be landscaped with drought-tolerant or other appropriate vegetation indigenous to the area to screen the fencing to the extent feasible from view from designated scenic public roads and along property lines that adjoin existing residential uses to soften the view.” “The operator of the renewable energy facility shall maintain the facility including all required landscaping in compliance with the approved design plans, and shall keep the facility free from weeds, dust, trash, and debris.” 2. (California Model Ordinance) Historic Resource Areas “Proposed facilities located within a historic or scenic resource area as designated in the Comprehensive Plan, area plan or zoning code shall require administrative review of materials, colors, landscape, fencing and lighting plans. In designated Scenic Resource Areas, the renewable energy facility shall be sited behind natural topography, existing vegetation, or supplemental landscaping indigenous to the area to screen the facility from public view to the extent feasible. Equipment cabinets and structures shall be painted to blend with the surrounding property.” Decommissioning 1. Many ordinances include this language, or something similar, based on a model ordinance: “The City may remove the solar facility and restore the site, and may thereafter (a) draw funds from any bond, security or financial assurance that may have been provided, or (b) initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.”