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HomeMy WebLinkAbout2015-06-22 PACKET 06.1.Cottage Grove here Pride andProsPerity Meet TO: Planning Commission Members FROM: John McCool, Senior Planner DATE: June 17, 2015 RE: City Code Amendment — Solar Energy Systems Regulations Introduction At the May 18, 2015, Planning Commission meeting, staff informed Commission members that the City does not currently have regulations regarding commercial or residential solar energy systems and introduced the idea that regulatory standards should be prepared. The Commission reviewed and discussed solar energy ordinance regulations from other cities. In general, the Commission was open to the idea of allowing some aspect of solar energy components in all zoning districts, subject to certain guidelines and standards. Roof -top solar systems on commercial and industrial structures was generally accepted. There was some reservation for free-standing and building -integrated solar systems on residential properties. Staff has prepared a draft solar energy system ordinance for your review. This document includes various regulations, examples that were repeatedly found in other City ordinances, the Minnesota Pollution Control Agency's model solar energy ordinance, and other planning periodicals relating to permitting, screening, setbacks, maximum size of array, minimum lot size, abandonment, etc. regu- lations for solar energy systems. This draft ordinance will also be presented to the City's Environmental Commission at their meeting on July 8. Based on the comments by the Planning Commission and Environmental Commission, the draft solar ordinance will be modified. Background The Future Vision 2030 Comprehensive Plan provides a statement that the City will implement best practices in energy efficient design for new construction. Policy 2.10 in the Cottage Grove Compre- hensive Plan states "The City will encourage energy efficient design in all public and private con- struction," and Policy 2.12 states that "Solar access protection completed in accordance with the City zoning ordinance shall be a component of all site development and platting reviews conducted by the City." To improve environmental sustainability, several guiding principles, techniques, and reg- ulations to facilitate increased usage of solar energy systems, either as standalone systems or as supplements to conventional energy sources should be considered. The Zoning Ordinance currently does not provide any regulation or define any components of solar energy systems. Differing interpretations of the zoning ordinance have been debated whether or not solar collector system is "accessory" to a principal structure. The code does not specifically list solar energy systems as an accessory use, conditional use, or interim use in any zoning district. In the past, building permits have been issued for solar panels mounted to roof -tops or exteriorwalls. Unlike free-standing wind energy conversion systems (wind turbines) and satellite receiving only antennas, Memorandum to Planning Commission Solar Energy Systems June 17, 2015 Page 2 of 6 free-standing solar panels have not been permitted in residential districts. The Zoning Ordinance does provide regulations for wind turbines and satellite antennas in all zoning districts. This memo outlines types of solar installations, reviews zoning regulations pertaining to solar energy systems in Cottage Grove, other cities, and makes recommendations for Cottage Grove's City Code amendments that may improve or clarify regulations in the code pertaining to solar energy systems. Enacting Standards Some communities list solar energy systems as permitted uses in defined districts; others define solar energy systems through accessory use provisions or identify them as permitted by right in both residential and nonresidential districts. Often, these systems are subject to specific development standards. Still other communities adopt a stand-alone chapter or section of the zoning code ad- dressing solar energy (and often other renewable energy sources such as wind), stating where it is permitted and laying out specific development standards. Related definitions may be listed in that section, but are typically added to the zoning code's definitions section. A separate section may be the most user-friendly option, as residents can find all the information on solar in one spot, though an integrated approach, especially if the entire code is being updated, may allow for a more streamlined document overall. Specific development standards typically address placement. Some communities encourage rooftop over ground -mounted systems and many com- munities require rooftop panels to be located on side or rear roof slopes rather than street -facing roof slopes, when possible, for aesthetic reasons. Some ordinances limit the height that rooftop panels may extend above the roofline (often two or three feet), while others exempt solar panels altogether from district height restrictions, along with other typical rooftop structures such as chimneys, air con- ditioning units, or steeples. Many ordinances also address system appearance, requiring neutral paint colors and screening of non -panel system components. Many ordinances require a solar energy system mounted on a building to be subject to the dimen- sional standards that apply to the building. A freestanding solar energy system is subject to the dimensional and locational standards that apply to an accessory structure. Before permits are issued for installation of a solar energy system in Cottage Grove, the plans and construction drawings are reviewed by the Building Inspections Division and Planning Division staff to ensure code compliance. Required documentation includes a building permit application, engineering plans showing the fram- ing system and how it is attached to a building, location on a building, and building elevations. A separate electrical permit is required for photovoltaic systems, and a mechanical permit is required for thermal systems. It is important that communities address solar in their land use and development codes to eliminate uncertainty where solar energy systems may or may not be allowed, ensure that installations are placed appropriately, and mitigate any potential negative impacts. Clear standards can also help communities avoid conflicts over competing values, such as tree cover or historic character of pro- tected districts or structures. Some of the most basic zoning issues is to define solar energy systems and other related terms, determining whether solar energy systems will be allowed as primary or accessory uses in each zoning district; setting forth height, lot coverage, and setback requirements; and describing relevant Memorandum to Planning Commission Solar Energy Systems June 17, 2015 Page 3 of 6 development standards for solar energy systems such as screening and placement (on building or site). Some communities also tackle solar easement and access requirements. Most other cities do not "guarantee" easement rights because of litigation risks and costs. While specific standards will vary from community to community based on the community's goals and local context, there are a number of common types of provisions related to different aspects of solar energy use. Finally, some communities require that solar systems remain well-maintained throughout their work- ing life and mandate the decommissioning of panels once they cease to function properly or if they are abandoned for a certain length of time. This ensures safety and prevents obsolete or damaged panels from becoming hazardous or aesthetically blighting. Building -Mounted vs. Ground -Mounted Most solar installations fall into two categories: mounted to a building and ground -mounted (free- standing). Building -mounted units are typically oriented to capture the bulk of the day's sunlight. Freestanding units may rotate and adjust angles to follow the sun. Building -mounted solar energy systems are typically permitted in all zoning districts by most city ordinances. Some communities include setback, roof coverage, and height regulations for building mounted solar energy systems. The Minnesota model ordinance suggests restricting the amount of roof coverage to not more than 80 percent of the roof. Minneapolis considered this in a draft, but deleted this restriction in their adopted ordinance. Roseville restricts rooftop coverage to 80 percent on south facing residential buildings and a one -foot minimum setback from the roof edge for commercial and industrial flat -roof structures. Saint Paul does not restrict the amount of a roof that can be covered by a solar energy system. Limiting the amount of space a solar energy system can be mounted to a wall of a building might be another regulation that should be addressed. For ground -mounted systems, communities often restrict location to side or rear yards and some- times require screening from public rights-of-way. In all placement and screening considerations, however, the effects of requirements on the efficacy of the panels' operation must be considered, and most ordinances provide for some degree of flexibility to ensure that property owners can work within site and structural constraints to achieve reasonable solar collection. While accessory solar facilities are typically installed to meet on-site power needs for buildings and other uses, there is no need to place limitations on the size or power production capacity of an ac- cessory system — height and location restrictions will place reasonable constraints on the size or extent of panels and their placement. In most states, net -metering arrangements allow solar energy system owners to feed excess energy back into the grid, "turning the meter backwards" and earning credits for that electricity, which can serve as a further incentive or solar energy installation — not to mention a local, decentralized power generation source. Adding stipulations that accessory systems be limited in capacity to on-site power needs or implementing an arbitrary system size cap can only act as a barrier to solar implementation. Memorandum to Planning Commission Solar Energy Systems June 17, 2015 Page 4 of 6 Height Limitations Height restrictions for building -mounted solar energy systems vary from city to city. In Minneapolis, solar collectors can rise three feet above the ridge on a gable, hip or gambrel roof and not greater than ten feet above the surface of a roof when installed on a flat or shed roof. The Minnesota model ordinance recommends not exceeding the maximum height for the district. Roseville limits the high- est point of a roof -mounted solar panel in any residential district not to be more than three feet, measured in a straight line, above the roof upon which the panel is mounted. This three-foot height limitation does not apply to roof -mounted solar energy systems located in non-residential districts or on non-residential uses. Ground -mounted solar energy systems generally have a not to exceed 15 feet height requirement. Saint Paul limits accessory buildings with flat or shed roofs in residential districts to 12 feet in height and restrict solar energy systems to the maximum height for the district. This allows more height for solar systems in zoning districts with higher height limits. In commercial and industrial districts it also allows more height for solar panels that are set back more, thereby limiting their visual impact. In Minneapolis, freestanding solar energy systems, measured to the highest point of the system, shall not exceed the height of the principal structure or 20 feet, whichever is less. Freestanding solar energy systems up to 16 feet in height is subject to the minimum yard requirements of an accessory structure. Freestanding solar energy systems greater than 16 feet in height shall be subject to the minimum yard requirements of a principal structure. The required yard shall be measured from the property line to the closest part of the structure at minimum design tilt. Roseville limits ground - mounted solar energy systems to a maximum height of 15 feet. For historic structures and homes, the Minnesota model ordinance recommends a conditional use permit, but Minneapolis does not do this. Design guidelines for solar installations have been estab- lished by some cities. Generally, the National Trust for Historic Preservation recommends taking each installation application case by case and looking at screening, minimizing the visual effect of the installation and using materials that appear similar to others in use on the structure or in the area. For cities with local heritage preservation programs, this review is best done by the Heritage Preser- vation Commission, which is what is done in Minneapolis and Saint Paul. Building, Electrical, and Plumbing Codes The Minnesota model ordinance recommends solar energy system compliance with building and electrical codes, and that they be able to withstand 90 mile per hour winds. Minneapolis refers to building and electrical code compliance, but is silent regarding wind. Compliance with building and electrical codes is a requirement without it being referred to in a zoning code. Roseville requires compliance with State Electrical and Plumbing Codes. Roseville also requires solar electric system components be certified by Underwriters Laboratories, Inc., and solar thermal systems be certified by the Solar Rating and Certification Corporation, or other appropriate certification(s) as determined by the City. The City reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. Accessory Solar Energy Systems Most people probably think of solar energy systems on a roof. Indeed, small-scale accessory solar energy systems in the form of ground -mounted or rooftop solar installations alongside or on a primary structure are the most common solar energy implementation. These systems can range from a few solar panels or a solar hot water system installed on a residential structure to a much larger photo- voltaic installation on the rooftop of a big -box warehouse or municipal building. The impacts of these Memorandum to Planning Commission Solar Energy Systems June 17, 2015 Page 5 of 6 systems are typically minimal, and rooftops in particular provide a vast amount of potential space for installing solar and generating electricity with no additional land consumption or impervious surface increase. The main concerns regarding these systems tend to be aesthetic: how and where systems are placed on a property. The basic considerations for these facilities are to make sure they are permitted in appropriate locations throughout the community and to address specific requirements by location. Primary Land Use When solar energy systems constitute a primary land use, most or all of the electricity produced is consumed off site. A major difference between these solar farms and small-scale, accessory sys- tems is the amount of land that they occupy. As noted, most accessory use systems are placed on rooftops or limited by lot coverage or setback requirements and therefore have little to no impact on land use or consumption. In contrast, primary -use systems are ground -mounted and can range in size from less than an acre in urban settings to hundreds of acres in remote locations. This can raise concerns regarding impervious surface coverage, tree and habitat loss, transmission infrastructure, and construction impacts. Solar farm proposals can become controversial, especially when produc- tive agricultural, commercial and/or industrial lands are proposed as sites. On the other hand, a primary -use "community solar garden," in which local residents can purchase shares to support renewable energy production as an alternative to installing their own individual systems, may be fairly small in size and a more appropriate fit within developed areas. Primary -use renewable energy facilities can be a great match for vacant brownfield sites. The site cleanup requirements for a solar farm are typically less extensive and costly than they would be for recreational, commercial, or residential uses, and a solar farm can be dismantled and moved to make way for a higher and better use of the property if other redevelopment opportunities eventually arise. Because of the greater impacts that may be associated with primary -use solar energy systems, many communities restrict their locations to rural, industrial, agricultural, or certain commercial zon- ing districts. Solar farms may be allowed as by -right uses, but typically in very limited locations; more frequently they are designated as conditional, special or interim uses. Common development stand- ards include height limitations, setbacks from property lines or neighboring structures, and screening from adjacent public rights-of-way. For security and safety reasons, many communities require that solar farms be securely fenced, that warning signs be posted, and that on-site electrical interconnec- tions and power lines be installed underground. Some communities establish a minimum lot size to better control where these facilities can be located within their jurisdictions. Some communities also provide some guidance for the permitting process. Required documentation for a solar farm permit typically includes a detailed plot plan, as well as an agreement with a utility for interconnection of the completed facility. Some ordinances include stormwater management con- siderations, and in more rural communities or areas that abut public land environmental analysis for potential impacts on wildlife and vegetation may be required. Finally, decommissioning of facilities once they are no longer operational is typically required, with some communities requiring restoration of the site to its previous condition, especially for formerly agricultural lands. Solar farms inactive for one year must be removed and the site restored to its Memorandum to Planning Commission Solar Energy Systems June 17, 2015 Page 6 of 6 natural condition within six months of the removal. Fencing, safety signage, and undergrounding of on-site power lines are required. Conclusions Solar energy use can foster economic activity and investment in a local resource and reduces air pollution, greenhouse gas emissions, and dependence on fossil -fuel energy sources. To provide opportunities for landowners to use this local energy resource, development regulations supporting the installation of both accessory and primary solar energy systems in various areas of our commu- nity should be considered. There are already a number of examples and model solar energy ordinances that provide guidance to regulatory strategies that Cottage Grove can consider. Ordinance regulations vary amongst all communities but do provide a template for addressing a variety of standards that are unique to Cottage Grove. Recommendation No action or recommendation is requested from the Planning Commission at this time. City staff will make a similar presentation to the Environmental Commission at their meeting on July 8. The draft ordinance will continue to be modified as additional information and direction are provided. The draft ordinance is tentatively scheduled for the July 27 Planning Commission meeting for continued review and discussion. Attachments: Draft Solar Energy System Ordinance 1 ORDINANCE NO. XXX 051 3 AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA AMENDING 4 TITLE 11, CHAPTER 4, SPECIAL ZONING PROVISIONS BY ADDING SECTION 10, 5 SOLAR COLLECTOR SYSTEMS TO THE CITY CODE 6 7 The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby 8 ordain as follows: 9 10 SECTION 1. AMENDMENT. Title 11, Chapter 4, Special Zoning Provisions is amended by 11 inserting Section 10, Solar Collector Systems and shall read as follows: 12 11- 4- 10: SOLAR COLLECTOR SYSTEMS: 13 A. Purpose — Cottage Grove supports the use of solar collection systems as an accessory 14 use in all zoning districts and as a conditional use in special zoning districts whereby it is 15 determined that rural and urban agricultural land is unproductive farmland. The 16 development of solar energy farms should be balanced with the protection of the public 17 safety and the existing natural resources in Cottage Grove. The ordinance is to provide 18 for the regulation of the construction and operation of solar collector systems in Cottage 19 Grove, subject to reasonable conditions that will protect the environment, public health, 20 safety, and welfare. The provisions of this section of the ordinance shall apply within all 21 zoning districts; allowing solar panels as an appurtenance to rooftops and exterior walls, 22 and allow modest adjustments to regulations to allow applicants access to solar 23 resources on their property. In no case shall the provisions of this ordinance guarantee 24 rights to solar access. 25 IMIL 26 B. Definitions. The following words, terms and phrases, when used in this division, shall 27 have the meanings ascribed to them in this section: 28 Alternative Energy System: A ground source heat pump, wind or solar energy system 29 Community Solar Garden: A solar -electric (photovoltaic) array that provides retail electric 30 power (or a financial proxy for retail power) to multiple community members or 31 businesses residing or located off-site from the location of the solar energy system, 32 under the provisions of Minn. Statutes 21613.1641 or successor statute. 33 Photovoltaic System: An active solar energy system that converts solar energy directly 34 into electricity. qmmw 35 Solar Collector: A device, structure or a part of a device or structure for which the 36 primary purpose is to capture sunlight and transform it into thermal, mechanical, 37 chemical, or electrical energy. 38 39 Solar Collector Surface: Any part of a solar collector that absorbs solar energy for use in 40 the collector's energy transformation process. Collector surface does not include frames, 41 supports and mounting hardware. 42 Page 1 43 Solar Daylighting: A device specifically designed to capture and redirect the visible 44 portion of the solar spectrum, while controlling the infrared portion, for use in illuminating 45 interior building spaces in lieu of artificial lighting. 46 47 Solar Energy: Radiant energy received from the sun that can be collected in the form of 48 heat or light by a solar collector. 49 Solar Energy Device: A system or series of mechanisms designed primarily to provide 50 heating, cooling, electrical power, mechanical power, solar daylighting or to provide any 51 combination of the foregoing by means of collecting and transferring solar generated 52 energy into such uses either by active or passive means. Such systems may also have 53 the capability of storing such energy for future utilization. Passive solar energy systems 54 shall clearly be designed as a solar energy device such as a trombe wall and not merely 55 a part of a normal structure such as a window. 56 Solar Energy System: A device or structural design feature, a substantial purpose of 57 which is to provide daylight for interior lighting or provide for the collection, storage and 58 distribution of solar energy for space heating or cooling, electricity generation or water 59 heating. 60 Solar Energy System, Active: A solar energy system whose primary purpose is to 61 harvest energy by transferring solar energy into another form of energy or transferring 62 heat from a solar collector to another medium using mechanical, electrical, or chemical 63 means. 64 Solar Energy System, Building-Intergrated: A solar energy system that is an integral part 65 of a principle or accessory building, replacing or substituting for an architectural or 66 structural component of the building. Building -integrated systems include but are not 67 limited to photovoltaic or hot water solar energy systems that are contained within or 68 substitute for roofing materials, windows, skylights, awnings and shade devices. 69 Solar Energy System, Roof -Mounted: A solar energy system mounted directly or 70 abutting the roof of a principal or accessory building. 71 Solar Energy System, Grid-Intertie: A photovoltaic solar energy system that is connected 72 to an electric circuit served by an electric utility company. 73 Solar Energy System, Off -Grid: A photovoltaic solar energy system in which the circuits 74 energized by the solar energy system are not electrically connected in any way to 75 electric circuits that are served by an electric utility company. 76 Solar Energy System, Ground -Mount: A freestanding solar system mounted directly to 77 the ground using a rack or pole rather than being mounted on a building. 78 Solar Energy System, Passive: A solar system that captures solar light or heat without 79 transforming it to another form of energy or transferring the energy via a heat exchanger. 80 Solar Farm: A commercial facility that converts sunlight into electricity, whether by 81 photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion 82 technology, for the principal purpose of wholesale sales of generated electricity. Page 2 83 Solar Heat Exchanger: A component of a solar energy device that is used to transfer 84 heat from one substance to another, either liquid or gas. 85 Solar Hot Air System (also referred to as Solar Air Heat or Solar Furnace): An active 86 solar energy system that includes a solar collector to provide direct supplemental space 87 heating by heating and re -circulating conditioned building air. The most efficient 88 performance typically uses a vertically mounted collector on a south -facing wall. 89 Solar Hot Water System (also Thermal System): A system that includes a solar collector 90 and a heat exchanger that heats or preheats water for building heating systems or other 91 hot water needs, including residential domestic hot water and hot water for commercial 92 processes. 93 Solar Mounting Devices: Racking, frames, or other devices that allow the mounting of a 94 solar collector onto a roof surface or the ground. lqmkk 95 96 Solar Resource: A view of the sun from a specific point on a lot or building that is not 97 obscured by any vegetation, building, or object for a minimum of four hours between the 98 hours of 9:00 AM and 3:00 PM Standard Time on any day of the year. 99 Solar Storage Unit: A component of a solar energy device that is used to store solar 100 generated electricity or heat for later use. 101 102 C. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory 103 use in all zoning classifications where structures of any sort are allowed, subject to 104 certain requirements as set forth below. 105AMESPO"REIL, ML 106 1. Height - Active solar energy systems must meet the following height requirements: 107 108 a. Building- or roof- mounted solar energy systems shall not exceed the maximum 109 allowed height in any zoning district. For purposes for height measurement, solar 110 "energy systems other than building -integrated systems shall be given an 111 equivalent exception to height standards as building -mounted mechanical devices 112 or equipment. Roof -mounted solar energy systems may be mounted at an angle 113 to the roof to improve their efficiency; however, the highest point of a solar panel in 114 any residential district shall not be more than three feet, measured in a straight line 115 above the roof upon which the panel is mounted. This three foot height limitation 116 does not apply to roof -mounted solar energy systems located in non-residential 117 districts or on non-residential uses. 118 119 b. Ground- or pole -mounted solar energy systems shall not exceed 15 feet in height 120 when oriented at maximum tilt. 121 122 2. Setback - Active solar energy systems must meet the accessory structure setback for 123 the zoning district and primary land use associated with the lot on which the system is 124 located. 125 126 a. Roof -mounted Solar energy systems - In addition to the building setback, the 127 collector surface and mounting devices for roof -mounted solar energy systems 128 shall not extend beyond the exterior perimeter of the building on which the system Page 3 129 is mounted or built, unless the collector and mounting system has been explicitly 130 engineered to safely extend beyond the edge, and setback standards are not 131 violated. Exterior piping for solar hot water systems is prohibited to extend beyond 132 the perimeter of the building. 133 134 b. Ground -mounted Solar energy systems - Ground -mounted solar energy systems 135 shall comply with the accessory structure setback standards for the applicable 136 zoning district in which they are located. Community solar gardens or solar farms 137 shall comply with the principal structure setback standards for the applicable 138 zoning district in which they are located. Solar energy systems may not extend 139 into the minimum side -yard or rear setback when oriented at minimum or 140 maximum design tilt. 141 142 3. Visibility - Active solar energy systems shall be designed to blend into the architecture 143 of the building or be screened from routine view from public right-of-ways other than 144 alleys. The color of the solar collector is not required to be consistent with other 145 roofing materials. Reflection angles from collector surfaces shall be oriented away 146 from neighboring windows. Where necessary, screening may be required to address 147 glare. 148 149 a. Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar 150 energy systems shall be allowed regardless of whether the system is visible from 151 the public right-of-way, provided the building component in which the system is 152 integrated meets all required setback, land use or performance standards for the 153 district in which the building is located. y%.." 154 ASEPWWWIL, 'M 155 b. Solar Energy Systems with Mounting Devices - Solar energy systems using roof 156 mounting devices or ground -mount solar energy systems shall not be restricted if 157 the system is not visible from the closest edge of any public right-of-way other than 158 an alley. Roof -mount systems that are visible from the nearest edge of the street 159 frontage right-of-way shall not have a highest finished pitch steeper than the roof 160 pitch on which the system is mounted, and shall be no higher than twelve inches 161 above the roof. 162 163 c. Coverage - Roof or building mounted solar energy systems, excluding building - 164 integrated systems, shall allow for adequate roof access to the south -facing or flat 165 roof upon which the panels are mounted. The surface area of pole or ground - 166 mount systems shall not exceed half the building footprint of the principal 167 structure. 168 169 d. Historic Buildings - Solar energy systems on buildings within designated historic 170 districts or on locally designated historic buildings (exclusive of State or Federal 171 historic designation) will require the applicant to receive a Certificate of 172 Appropriateness from the City. 173 174 4. Approved Solar Components - Solar electrical systems and components shall be 175 certified by Underwriters Laboratories, Inc., and solar thermal systems shall be 176 certified by the Solar Rating and Certificate Corporation, or other appropriate 177 certification (s) as determined by the City. The City reserves the right to deny a Page 4 178 building permit for proposed solar energy systems deemed to have inadequate 179 certification. 180 181 5. Plan Approval Required - All solar energy systems shall require administrative plan 182 approval by Cottage Grove zoning official. 183 184 a. Plan Applications - Plan applications for solar energy systems shall be 185 accompanied by to -scale horizontal and vertical (elevation) drawings. The 186 drawings must show the location of the system on the building or on the property 187 for a ground -mount system, including the property lines. 188 189 1. Pitched Roof Mounted Solar Energy Systems — For all roof -mounted systems 190 other than a flat roof the elevation must show the highest finished slope of the 191 solar collector and the slope of the finished roof surface on which it is mounted. 192 193 2. Flat Roof Mounted Solar Energy Systems - For flat roof applications a drawing 194 shall be submitted showing the distance to the roof edge and any parapets on 195 the building and shall identify the height of the building on the street frontage 196 side, the shortest distance of the system from the street frontage edge of the 197 building, and the highest finished height of the solar collector above the 198 finished surface of the roof. 199 200 3. A building permit shall be obtained for any solar energy system prior to 201 installation. 202 203 b. Plan Approvals - Applications that meet the design requirements of this ordinance, 204 and do not require an administrative variance, shall be granted administrative 205 approval by the zoning official and shall not require Planning Commission review. 206 Plan approval does not indicate compliance with Building Code or Electric Code. 207 208 6. Coverage — Roof -mounted solar energy systems shall not cover more than 80% of the 209 south -facing or flat roof upon which the panels are mounted and shall be setback a 210 minimum of one foot from the roof edge. The surface area of ground -mount systems 211 shall not exceed the maximum accessory structure coverage standard of the 212 applicable zoning district. 213 214 7. Feeder Lines — All power lines shall be placed underground within the interior of each 215 parcel. The collection system may be placed overhead near substations or points of 216 interconnection to the electric grid. 217 218 C. Community Solar Gardens or Solar Farms — A conditional use permit or interim 219 conditional use permit is required for community solar garden or solar farms as defined in 220 the City Code. 221 222 1. De -commissioning. A decommissioning plan shall be submitted with all applications 223 for community solar garden or solar farm systems. 224 225 a. Decommissioning plans shall outline the anticipated means and cost of removing 226 the system at the end of its serviceable life or upon its becoming a discontinued Page 5 use. The cost estimates shall be made by a competent party, such as professional engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. The plan shall also identify the financial resources that will be available to pay for the decommissioning and removal of the system. Owners of residential solar energy systems may rely on manufactures data to submit estimates. b. Decommissioning of the system must occur within 90 -days from either of the following: 1. The end of the system's service life; or 2. The system becomes a discontinued use. c. A system shall be considered a discontinued use after one year without energy production, unless a plan is developed and submitted to the Zoning Administrator outlining the steps and schedule for returning the system to service. lqmkk d. The City may at its discretion require the owner and/or operator of the commercial or utility scale system to provide financial security in the form of a cash escrow or irrevocable letter of credit in an amount equal to 125 percent of a cost estimate for decommissioning the system. 2. Utility Connection. All grid-intertie systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. Off -grid systems are exempt from this requirement. D. Abandonment — 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 system at their expense after a demolition permit has been obtained. Removal includes the entire structure and components. E. Applications for Solar Energy Systems — An application to the City for a building permit under this section shall contain the following information, including but not limited to the following: 'A- M 1. Application Submittal Requirements for Solar Energy Systems: a. A building permit application. b. A site plan of existing and proposed site conditions. c. Number of solar collectors to be installed. d. Location and spacing of solar panels. e. Ground mounted system applications shall identify existing vegetation on installation site (list vegetation type and percent of coverage; i.e. grassland, Page 6 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 plowed field, wooded areas, etc.), and provide a maintenance plan for controlling vegetative growth on site upon installation of the solar energy system. f. A description of the method of connecting the array to a building or substation and a signed copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary. g. Planned location of underground or overhead electric lines connecting the solar electric system to the building, substation or other electric load. h. New electrical equipment other than at the existing building or substation that is the connection point for the solar electric system. Manufacture's specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks. I Ll I%L Existing and proposed (if existing grade will be altered) topography at two foot contours. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: Regulations regarding solar energy systems include requirements regarding permitting, screening, setbacks, maximum size array, minimum lot size, etc. The type of solar energy system will determine if the system can be used as accessory or primary land use on a parcel of land. AdEUVEVEE1kk1,, IfF ®. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Passed this Attest: Joe Fischbach, City Clerk , 2015. Page 7 Myron Bailey, Mayor