7. Ordinance 210 Regarding Solar Energy Systems - Lubke Redline
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CITY OF SCANDIA
ORDNANCE NO.: 210
AN ORDINANCE AMENDING THE SCANDIA DEVELOPMENT CODE
CHAPTER 1, SECTION 4.2, REGARDING DEFINITIONS AND
CHAPTER 2, SECTION 4.34, REGARDING SOLAR ENERGY SYSTEMS
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 for the addition of the
underlines as follows
(312) Solar Energy System (SES): 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. A
Distribution Scale Solar Energy System (Distribution SES) operates to distribute energy to
predominantly off-site users. A Local Service Solar Energy System (Local SES) operates to
distribute energy predominantly to on-site uses.
Section 2 Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development
Code”, or “Code”), Chapter Two, Section 4.34 Solar Energy Systems shall be deleted in its
entirety and replaced with the following:
4.34(A) Local Service Solar Energy System – (Local SES). Local Service Solar Energy Systems are a
permitted accessory use in all districts. As an accessory use, a Local SES is permitted to the
extent that it operates primarily to provide solar energy for the primary use and the permitted
accessory uses on the property on which it is located, and shall comply with the following
requirements:
(1) Approvals required
(A) Building-integrated, passive solar, and roof-mounted Local SES are allowed as
uses in all zoning districts. Building-integrated and passive solar energy systems
are exempt from the requirements of this section and shall be regulated as any
other building element.
(B) 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.
(C) All Local SES require a building permit. A building permit application must be
submitted and approved by the building official before an accessory solar energy
system is installed. The information required and the procedure to be followed
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for all Local SES applications shall be the same as that required for a building
permit. In addition, the applicant shall submit supplementary information
pertaining to the nature of the accessory solar energy system including:
1. Total square footage of the solar energy system.
2. Total energy production for the site.
3. To scale horizontal and vertical (elevation) drawings.
4. Drawings must show the location of the system on the building or on the
property including the property lines and proposed screening, if required.
(E) Performance Standards
1. Standards for all SES
a. Code Compliance. All Local SES shall comply with the
Minnesota State Building Code and Electrical Code.
b. Approved Solar Components. All Local SES components must
have an Underwriters Laboratories, Inc. (UL) listing.
c. Solar Panel Glare. All Local SES 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.
d. Utility Notification. No Local SES shall be installed until
evidence has been given to the City that the owner has notified
the utility company of the customer’s intent to install an
interconnected customer-owned generator. Off-grid systems are
exempt from this requirement.
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e. Safety Measures. 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 screen and landscaping provisions of this
Development Code.
f. Abandonment. If the solar energy system remains nonfunctional
or inoperative for a continuous period of twelve (12) months, the
system shall be deemed abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their
expense within ninety (90) days. Removal includes the entire
structure including transmission equipment, structures and
foundations, and the restoration of soil and vegetation.
2. Roof-Mounted and Building-Mounted Local SES
a. Roof- and building-mounted Local SES are not accessory
structures and are excluded from the size and number limitations
for accessory structures in this Development Code.
b. Building and roof-mounted Local SES shall comply with the
primary structure setbacks for the zoning district on which the
system is located.
c. Building and roof-mounted Local SES shall not exceed the
maximum allowed building height in any zoning district.
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.
3. 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.
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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.
e. 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.
Section 3 Amendment. Ordinance No. 122, the City of Scandia Development Code (“Development
Code”, or “Code”), Chapter Two, Section 4.34 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:
(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 Ordinance as St. Croix
River District or Shoreland District and their associated setback areas
unless all conditions stated below are met:
a. All structures and facilities must not disrupt the view from any
public throughway to a water body regardless of screening.
b. Waterbody creating the shoreland overlay must be completely
encapsulated within land in the AG C zoning district.
c. All structures and facilities must not impact views from public
waters through use limits on structure height, berming, existing
vegetation, terrain, landscaping, or a combination thereof .
d. No intensive hardwood clearing allowed to site solar facilities.
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.
3. Within the Floodplain District and associated setback areas as designated
by the City of Scandia.
Commented [EPM1]: Allowing in Shoreland Management
Overlay would require amending Ch 5 of the Development Code
Commented [EPM2]: Replace with reference to vegetation clearing req’s in Development Code
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(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
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.
Commented [ML3]: If the array is out of compliance for
screening requirements, could this be where the city message
Xcel to have the array turned off if array owner not
responsive?
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(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.
(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.
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(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 scenic canvas,
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. In leu 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. 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) or perennial agriculture crops
and must be approved by the City. If after the four (4) growing seasons the array
does not meet the requirements of this ordinance, an escalating quarterly penalty
will be assessed to the array owner with escrow to be used as payment.
(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.
(I) 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.
1. 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.
(J) All plans submitted for building permit approval must be prepared by a licensed,
professional engineer.
Commented [ML4]: Similar canvas to the one installed at the array owned by the city of River Falls. Provides
immediate screening until living screening has grown to
necessary size. See bottom of last page for picture of
screening
Commented [ML5]: Would requiring an escrow make it
easier for the city to enforce the policy if there was a set
schedule ahead of time that the companies escrow would
spent
Commented [ML6]: Could we add a provision that a letter will be sent to Xcel energy letting them know the array is out
of compliance and may need to be shut down if the array
owner is non responsive and isn’t trying to mitigate the
issue?
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(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
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.
(O) 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.
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 16th day of April, 2019.
Commented [ML7]: Is this referring to array owner or
land owner?
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4.34B 4(G) picture from comment for canvas screening