08. Proposed Amendments & Staff Edits to Draft Ordinance Regarding Solar Energy Systems
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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:
Commented [EPM1]: This is referencing the proposed
criteria on the following page
Commented [EPM2]: Definition from Applicant.
PC brought up concerns with small animals. If we require
canvas is attached to fencing, bottom of any fencing is
currently required to allow small animals to pass through
Staff would like a time requirement on the canvas (4 -5 years)
to allow plantings to grow to sufficient height for screening.
Page 2 of 6
(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. Waterbody within the Shoreland Overlay District must be
completely encapsulated by land within the AG C zoning
district.
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
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
Commented [EPM3]: Staff added references to vegetation
clearing req’s here
Ch 5, Section 8.2 is shoreland req’s
Ch 2, Section 3.11 Woodland Preservation
Page 3 of 6
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
In Lieu of Taxes Agreement to compensate the City for any prospective tax
revenue that may be lost due to such reclassification.
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(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.
(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 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
Commented [EPM4]: Moved screening requirements to a
separate section, & broke it down into subsections for
readability
Commented [EPM5]: Will define in definitions section of
Development Code
Commented [EPM6]: This is the current requirement
Commented [EPM7]: Proposed change from applicant.
Would want to determine what plantings/crops would be
acceptable; discussed with PC potentially creating a
reference list
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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
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.
(H)(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.
(I)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 (H)
within 1 growing season.
(J)(I) All plans submitted for building permit approval must be prepared by a licensed,
professional engineer.
(K)(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.
(L)(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
Commented [EPM8]: This would mean setbacks from
lakes, waterbodies, wetlands, etc. would still apply
Commented [EPM9]: Proposed addition from applicant
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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)(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 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