4.c) Ordinance No 162 Solar Farms 6 2 15
Ordinance No. ____ Page 1 of 6
CITY OF SCANDIA
ORDINANCE NO.: 162
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
add the following definitions:
(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: Radiant energy received from the sun that can be collected in the form
of heat or light by a solar collector.
(3) Solar Energy System: 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.
(4) 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.
(5) 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.
(6) Solar Energy System, Passive: A system that captures solar light or heat without
transforming it to another form of energy or transferring the energy via a heat
exchanger.
(7) 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.
(8) Solar Garden: a community solar energy system that generates electricity by means of
a ground-mounted or building-integrated solar system and that is supplied to multiple
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community members or businesses residing or located off-site from the location of
the solar energy system (but not for export to the wholesale market or connection to
the electric transmission grid), under the provisions of Minnesota statutes 216B.1641
or successor statute.
Section 2. 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 add the following subsections:
4.33 Passive solar energy systems. Passive solar energy systems are exempt from the
requirements of this section and shall be regulated as any other building element.
4.34 Solar Farms and Solar Gardens. Solar farms and solar gardens shall comply with all
of the following standards:
(1) Districts and Permits
(A) Solar farms and solar gardens are allowed within the Agriculture Core (AG
C), Agriculture Preserves (AP), and General Rural (GR) zoning districts and
require a Conditional Use Permit.
(B) The City prohibits solar farms and solar gardens within the following districts:
1. Within areas designated as Shoreland Districts by the Department of
Natural Resources and the City of Scandia Shoreland Ordinance.
2. Within six hundred (600) feet of areas designated or formally protected
from development by Federal, State or County agencies as wildlife habitat,
wildlife management areas, or designated as National Wild and Scenic
land or corridor.
3. Within wetlands to the extent required by the Minnesota Wetlands
Conservation Act.
4. Within the Floodplain District.
(2) Permit Application
(A) Existing Site Plans Required. The applicant for a solar farm or solar garden
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.
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(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 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). The sketch elevation 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 local utility prior to the issuance of a building permit, and
provide a copy of the agreement to the City with the CUP application. The
system operator shall provide a visible external disconnect if required by the
utility.
(E) Natural Resource Assessment. For solar farms and solar gardens with a
project size exceeding forty (40) 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 any 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, and provide proof that
it meets the insurance requirement to the city.
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(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.
(I) 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.
(3) Performance Standards
(A) Solar farms which have a generating capacity of 50 megawatts of power or
more shall fall under the jurisdiction of the Minnesota Public Utilities
Commission. 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) Solar farms and solar gardens shall be located on a parcel of at least 5 acres.
(C) Solar farms and solar gardens shall be in compliance with any 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.
(D) All solar farms and solar gardens shall comply with the principal structure
setback standards and lot coverage standard for the applicable zoning district
in which they are located.
(E) Solar farms and solar gardens shall be setback a minimum of 200 feet from
the centerline or 150 feet from the right-of-way of minor arterial roadways,
whichever is greater.
(F) Ground-mounted solar energy systems shall not exceed fifteen feet (15’) in
height. Building-integrated solar energy systems shall not exceed the
maximum height permitted in the zoning district.
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(G) Solar farms and solar gardens 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.
(H) Solar farms and solar gardens 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.
(I) 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.
(J) 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.
(K) All solar farm and solar garden 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.
(L) 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.
(M) 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.
(N) 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
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system at their expense after obtaining a demolition permit. Removal includes
the entire structure including transmission equipment.
Section 3. 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