HomeMy WebLinkAbout2015-07-27 PACKET 07.1.Introduction
Proposed City ordinance amendment to regulate solar energy systems in all zoning districts
Background
Information relating to zoning regulations for solar energy systems was presented to the Planning
Commission on May 18 and June 22 and to the Environmental Commission on July 8. Both Com-
missions generally supported solar energy systems in the community with appropriate ordinance
regulations. Desired regulations addressing the following topics/issues were incorporated in the draft
ordinance. These matters are:
• Allow solar energy systems on residential (principal and accessory structure) rooftops and
exterior walls.
• Prohibit free-standing/ground-mounted solar systems on urban residential lots.
• Require a minimum lot area for free-standing/ground-mounted solar systems in rural residential
and agricultural zoning districts.
• Allow rooftop solar energy systems on commercial and industrial buildings with height limitations.
• Allow community solar garden and solar farm systems in all zoning districts, but require a condi-
tional use permit for properties outside the Metropolitan Urban Service Area.
• Require abandonment and de -commissioning plans for all community garden solar and solar
farms.
• Require a building permit for all solar energy systems.
• Require solar energy systems and components to meet certain specifications and certifications
typically imposed by Building Codes, Plumbing Codes, Electrical Codes, Underwriters Laboratory
(UL), etc.
Other regulatory provisions discussed but not included in the draft ordinance are:
• Coverage area of solar energy systems on rooftops and exterior walls.
• Prevent potential glare issues.
Cottage
Grove
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VvosPerity Meet
TO:
Planning Commission Members
FROM:
John McCool, Senior Planner
DATE:
July 22, 2015
RE:
City Code Amendment — Solar Energy Systems Regulations
Introduction
Proposed City ordinance amendment to regulate solar energy systems in all zoning districts
Background
Information relating to zoning regulations for solar energy systems was presented to the Planning
Commission on May 18 and June 22 and to the Environmental Commission on July 8. Both Com-
missions generally supported solar energy systems in the community with appropriate ordinance
regulations. Desired regulations addressing the following topics/issues were incorporated in the draft
ordinance. These matters are:
• Allow solar energy systems on residential (principal and accessory structure) rooftops and
exterior walls.
• Prohibit free-standing/ground-mounted solar systems on urban residential lots.
• Require a minimum lot area for free-standing/ground-mounted solar systems in rural residential
and agricultural zoning districts.
• Allow rooftop solar energy systems on commercial and industrial buildings with height limitations.
• Allow community solar garden and solar farm systems in all zoning districts, but require a condi-
tional use permit for properties outside the Metropolitan Urban Service Area.
• Require abandonment and de -commissioning plans for all community garden solar and solar
farms.
• Require a building permit for all solar energy systems.
• Require solar energy systems and components to meet certain specifications and certifications
typically imposed by Building Codes, Plumbing Codes, Electrical Codes, Underwriters Laboratory
(UL), etc.
Other regulatory provisions discussed but not included in the draft ordinance are:
• Coverage area of solar energy systems on rooftops and exterior walls.
• Prevent potential glare issues.
Memorandum to Planning Commission
Solar Energy Systems
July 22, 2015
Page 2 of 3
Enacting Standards
Based on model ordinances, ordinances from other communities within the Twin Cities metropolitan
area, and general comments received at previous Commission meetings, a solar energy system
ordinance has been drafted. The draft ordinance introduces ordinance provisions that make solar
energy alternatives as a permitted or accessory use in all zoning districts. In the case of solar energy
systems that are large utility -scale "solar farms," a conditional use permit or interim conditional use
permit process is required.
Components of the draft solar energy systems ordinance include the following sections: Definitions,
Standards, Community Solar Gardens/Solar Farm, De -commissioning Plan, and Abandonment.
Each of these sections are summarized below:
Definitions
A variety of terms related to solar energy systems were typically found in model ordinances and
other community ordinances. These defined terms were incorporate into the draft ordinance.
Standards
Based on previous discussions, the draft solar energy system ordinance was prepared to address
potential concerns for small solar systems typical for a homeowner to large utility -scale systems. The
proposed regulations do not differentiate between electric or thermal systems.
For solar systems that are building -integrated, a system that is an integral part of the principal or
accessory structure, the draft ordinance merely requires that the system is allowed in all zoning
districts and must comply with setback, height, and related ordinance regulations for that zoning
district in which it is located. For residential properties, a five -acre minimum lot area is required for
ground -mounted systems. Roof -mounted solar energy systems must comply with the height limita-
tions required within the zoning district in which it is located. In nonresidential districts, ground -
mounted systems must setback a minimum of 20 feet from property lines.
Roof -mounted devices and roof -mounted solar energy systems on residential structures must be
flush mounted on pitched roofs. In non-residential districts or on non-residential uses, the solar sys-
tem may be mounted at an angle to the roof to improve their efficiency; however, the highest point
of a solar panel must not be more than three feet. This height measurement is a straight line above
the roof to the highest elevation of the solar panel or its mounting device. Roof -mounted devices and
solar systems must not extend beyond the exterior perimeter of the building it is mounted on. Exterior
piping for solar hot water/air systems is prohibited to extend beyond the perimeter of the building.
The proposed ordinance prohibits solar energy systems from encroaching over or on drainage and
utility easements.
The maximum height for ground -mounted solar energy systems is proposed to be 15 feet when
oriented at maximum tilt. If the system is accessory to the principal use on the property, then the
accessory structure setback standards must be met. If the system is primary use on the property
(community solar garden or solar farm), then the zoning district's development standards for which
the system is located within apply. This will also be reviewed with the conditional use permit or interim
conditional use permit application.
Memorandum to Planning Commission
Solar Energy Systems
July 22, 2015
Page 3 of 3
There is no provision guaranteeing a property owner unencumbered solar access.
The draft ordinance also requires all solar energy systems to comply with all standards and certifi-
cations required by Underwriters Laboratories (UL), the American Society of Heating, Refrigerating,
and Air-conditioning Engineers (ASHRAE), Solar Rating and Certification Corporation (SRCC), and
other standards as determined by the City.
A building permit will also be required for solar energy systems. The draft ordinance includes details
of the information that must be submitted to the City for the installation of these systems.
Community Solar Gardens/Solar Farm
As a principal use, community solar gardens/solar farms are required to obtain a conditional use
permit or interim conditional use permit from the City. The conditional use permit will apply to utility -
scaled systems that are located outside the Metropolitan Urban Service Area (MUSA). All power
lines are required to be installed underground within the interior of each parcel. The use is required
to have an agreement with the local utility prior to the issuance of a building permit.
Decommissioning Plan
A decommissioning plan is required to accompany conditional use permit or interim conditional use
permit applications for any solar energy system that is a primary land use. This plan shall outline the
anticipated means and costs of removing the system at the end of its serviceable life or upon be-
coming a discontinued use. The plan must identify the financial resources that will be available to
pay for the decommissioning and removal of the system. This might be in the form of a letter of credit
to be approved by and held by the City.
Abandonment
Abandonment pertains to any solar energy system, whether it is a small private systems on the roof
of a residential accessory structure or a large utility -size principal use. If the system is nonfunctional
or inoperable for a continuous period of one year, then the system will be deemed abandoned and
constitutes a public nuisance. The owner must remove the abandoned system at their expense.
Recommendation
No action or recommendation is requested at this time. It is suggested that a joint workshop with the
Environmental Commission be held on Monday, August 24, 2015, at 6:00 p.m. The purpose for the
workshop is to develop consensus for zoning regulations relating to solar energy systems.
The workshop will be open to the public and representatives from the solar energy industry will be
invited to share their opinions regarding the draft ordinance. The general format for the workshop
will be oriented to questions and comments.
Depending on the outcome of the workshop, a public hearing will tentatively be scheduled for the
regular Planning Commission meeting on September 28, 2015.
A draft copy of the proposed solar energy system ordinance is attached for your review.
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
11 by inserting Section 10, Solar Collector Systems and shall read as follows:
12 11-4-10: SOLAR COLLECTOR SYSTEMS: #Ahh6,
13 A. Purpose. Cottage Grove supports the use of solar collection systems as an accessory use in
14 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 development
16 of solar energy farms should be balanced with the protection of the public safety and the
17 existing natural resources in Cottage Grove. The ordinance is to provide for the regulation of
18 the construction and operation of solar collector systems in Cottage Grove, subject to
19 reasonable conditions that will protect the environment, public health, safety, and welfare.
20 The provisions of this section of the ordinance shall apply within all zoning districts; allowing
21 solar panels as an appurtenance to rooftops and exterior walls, and allow modest
22 adjustments to regulations to allow applicants access to solar resources on their property. In
23 no case shall the provisions of this ordinance guarantee rights to solar access.
24
25 B. Definitions. The following words, terms and phrases, when used in this division, shall have
26 the meanings ascribed to them in this section:
27 Alternative Energy System: A ground source heat pump, wind or solar energy system.
28
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 businesses
31 residing or located off-site from the location of the solar energy system, under the provisions
32 of Minn. Statutes 21613.1641 or successor statute.
33
34 Photovoltaic System: An active solar energy system that converts solar energy directly into
35 electricity.
36
37 Solar Collector: A device, structure or a part of a device or structure for which the primary
38 purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or
39 electrical energy.
40
41 Solar Collector Surface: Any part of a solar collector that absorbs solar energy for use in the
42 collector's energy transformation process. Collector surface does not include frames,
43 supports and mounting hardware.
44
Ordinance No. XXX
Page 2 of 6
45 Solar Daylighting: A device specifically designed to capture and redirect the visible portion of
46 the solar spectrum, while controlling the infrared portion, for use in illuminating interior
47 building spaces in lieu of artificial lighting.
48
49 Solar Energy: Radiant energy received from the sun that can be collected in the form of heat
50 or light by a solar collector.
51
52 Solar Energy Device: A system or series of mechanisms designed primarily to provide
53 heating, cooling, electrical power, mechanical power, solar daylighting or to provide any
54 combination of the foregoing by means of collecting and transferring solar generated energy
55 into such uses either by active or passive means. Such systems may also have the
56 capability of storing such energy for future utilization. Passive solar energy systems shall
57 clearly be designed as a solar energy device such as a trombe wall and not merely a part of
58 a normal structure such as a window.
59
60 Solar Energy System: A device or structural design feature, a substantial purpose of which is
61 to provide daylight for interior lighting or provide for the collection, storage and distribution of
62 solar energy for space heating or cooling, electricity generation or water heating.
63
64 Solar Energy System, Building-Intergrated: A solar energy system that is an integral part of a
65 principle or accessory building, replacing or substituting for an architectural or structural
66 component of the building. Building -integrated systems include but are not limited to
67 photovoltaic or hot water solar energy systems that are contained within or substitute for
68 roofing materials, windows, skylights, awnings and shade devices.
69
70 Solar Energy System, Roof -Mounted: A solar energy system mounted directly or abutting the
71 roof of a principal or accessory building. 1W
72
73 Solar Energy System, Grid-Intertie: A photovoltaic solar energy system that is connected to
74 an electric circuit served by an electric utility company.
75
76 Solar Energy System, Off -Grid: A photovoltaic solar energy system in which the circuits
77 energized by the solar energy system are not electrically connected in any way to electric
78 circuits that are served by an electric utility company.
79
80 Solar Energy System, Ground -Mount: A freestanding solar system mounted directly to the
81 ground using a rack or pole rather than being mounted on a building.
82
83 Solar Farm: A commercial facility that converts sunlight into electricity, whether by
84 photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion
85 technology, for the principal purpose of wholesale sales of generated electricity.
86
87 Solar Heat Exchanger: A component of a solar energy device that is used to transfer heat
88 from one substance to another, either liquid or gas.
89
90 Solar Hot Air System (also referred to as Solar Air Heat or Solar Furnace): An active solar
91 energy system that includes a solar collector to provide direct supplemental space heating
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Ordinance No. XXX
Page 3 of 6
by heating and re -circulating conditioned building air. The most efficient performance
typically uses a vertically mounted collector on a south -facing wall.
Solar Hot Water System (also Thermal System): A system that includes a solar collector and
a heat exchanger that heats or preheats water for building heating systems or other hot
water needs, including residential domestic hot water and hot water for commercial
processes.
Solar Mounting Devices: Racking, frames, or other devices that allow the mounting of a solar
collector onto a roof surface or the ground.
Solar Resource: A view of the sun from a specific point on a lot or building that is not
obscured by any vegetation, building, or object for a minimum of four hours between the
hours of 9:00 AM and 3:00 PM Standard Time on any day of the year.
Solar Storage Unit: A component of a solar energy device that is used to store solar
generated electricity or heat for later use. -4g
C. Standards.
1. Building -Integrated Solar Energy System. A building -integrated solar energy system shall
be allowed in all zoning districts and regulated as any other building element.
2. Minimum Lot Size. A minimum lot area of five acres is required for ground -mounted solar
energy systems for all residential properties in any zoning district.
3. Height. Roof -mounted solar energy systems shall comply with the maximum height
requirements in the zoning district that the property is zoned. In nonresidential zoning
districts, ground -mounted solar energy systems may be permitted in the front, side or
rear yards, but must setback a minimum of 20 feet from the property line.
4. Roof -mounting Devices and Roof -mounted Solar Energy Systems. Roof -mounting
devices and roof -mounted solar energy systems shall be flush mounted on pitched roofs.
Solar energy systems located in non-residential districts or on non-residential uses may
be mounted at an angle to the roof to improve their efficiency; however, the highest point
of a solar panel shall not be more than three feet, measured in a straight line above the
roof upon which the panel is mounted. Roof -mounted devices and roof -mounted solar
energy systems shall not extend beyond the exterior perimeter of the building on which
the system is mounted or built, unless the collector and mounting system has been
explicitly engineered to safely extend beyond the edge, and setback standards are not
violated. Exterior piping for solar hot water systems is prohibited to extend beyond the
perimeter of the building.
5. Easements. Solar energy systems shall not encroach on public drainage or utility
easements.
6. Aesthetics. Reflection angles from solar energy systems shall be oriented away from
neighboring windows. Where necessary, screening may be required to address glare.
Ordinance No. XXX
Page 4 of 6
140
141 7. Ground -mounted Solar Energy Systems. Ground or pole -mounted solar energy systems
142 shall not exceed 15 feet in height when oriented at maximum tilt. Ground -mounted solar
143 energy systems shall comply with the accessory structure setback standards for the
144 applicable zoning district in which they are located. Community solar gardens or solar
145 farms shall comply with the principal structure setback standards for the applicable
146 zoning district in which they are located. Solar energy systems may not extend into the
147 minimum side or rear yard setbacks when oriented at minimum or maximum design tilt.
148
149 8. Standards. Solar energy systems shall meet the minimum standards outlined by the
150 International Electrotechnical Commission (IEC), the American Society of Heating,
151 Refrigerating, and Air-conditioning Engineers (ASHRAE), ASTM International,
152 International Organization for Standardization (ISO), Underwriter's Laboratory (UL), the
153 Solar Rating and Certification Corporation (SRCC) or other standards as determined by
154 the Community Development Director.
155
156 9. Certification. Solar energy systems and components shall be certified by Underwriters
157 Laboratories, Inc. (UL), the National Renewable Energy Laboratory, and Solar Rating and
158 Certification Corporation (SRCC), or other appropriate certification (s) as determined by
159 the City. The City reserves the right to deny a building permit for proposed solar energy
160 systems deemed to have inadequate certification.
161
162 10. Building Permit Required. All solar energy systems require a building permit. A building
163 permit application and plan submittal must comply with the following requirements:
164
165 a. Applications for Solar Energy Systems. An application to the City for a building permit
166 under this section shall contain the following information, including but not limited to
167 the following:
168 6
169 i. A building permit application `=
170
171 ii. "A site plan of existing and proposed site conditions.
172
173 iii. Number of solar collectors to be installed.
174
175 iv. Location and spacing of solar panels.
176
177 V. Ground mounted system applications shall identify existing vegetation on
178 installation site (list vegetation type and percent of coverage; i.e. grassland,
179 plowed field, wooded areas, etc.), and provide a maintenance plan for controlling
180 vegetative growth on site upon installation of the solar energy system.
181
182 vi. A description of the method of connecting the array to a building or substation and
183 a signed copy of the interconnection agreement with the local electric utility or a
184 written explanation outlining why an interconnection agreement is not necessary.
185
186 vii. Planned location of underground or overhead electric lines connecting the solar
187 electric system to the building, substation or other electric load.
Ordinance No. XXX
Page 5 of 6
::.
189 viii. New electrical equipment other than at the existing building or substation that is
190 the connection point for the solar electric system.
191
192 ix. Manufacture's specifications and recommended installation methods for all major
193 equipment, including solar panels, mounting systems and foundations for poles or
194 racks.
195
196 X. Existing and proposed (if existing grade will be altered) topography at two foot
197 contours.
198
199 11. Feeder Lines and Grid-Interties. All power lines shall be placed underground within the
200 interior of each parcel. The collection system may be placed overhead near substations
201 or points of interconnection to the electric grid. All grid-intertie systems shall have an
202 agreement with the local utility prior to the issuance of a building permit. A visible external
203 disconnect must be provided if required by the utility. Off -grid systems are exempt from
204 this requirement.
205
206 D. Community Solar Garden or Solar Farm. A community solar garden or solar farm must
207 obtain a conditional use permit for utility -scale solar energy systems. Utility -scale is defined
208 as an energy system that is the primary use of land, designed to provide energy primarily to
209 off-site users or export to the wholesale market. Utility -scale solar energy systems are
210 allowed in all zoning districts and on a minimum of five acres of land. A conditional use
211 permit is required for any community solar garden or solar farm that is located outside the
212 Metropolitan Urban Service Area (MUSA).
213 _.
214 E. De -commissioning. A de -commissioning plan shall be submitted with all applications for
215 community solar garden or solar farm systems.
216
217 1. De -commissioning plans shall outline the anticipated means and cost of removing the
218 system at the end of its serviceable life or upon its becoming a discontinued use. The
219 cost estimates shall be made by a competent party, such as professional engineer, a
220 contractor capable of decommissioning or a person with suitable expertise or experience
221 with decommissioning. The plan shall also identify the financial resources that will be
222 available to pay for the decommissioning and removal of the system. Owners of
223 residential solar energy systems may rely on manufactures data to submit estimates.
224 lqm&, law
225 2. De -commissioning of the system must occur within 90 days from either of the following:
226
227 a. The end of the system's service life; or
228
229 b. The system becomes a discontinued use.
230
231 c. A system shall be considered a discontinued use after one year without energy
232 production, unless a plan is developed and submitted to the Zoning Administrator
233 outlining the steps and schedule for returning the system to service.
234
Ordinance No. XXX
Page 6 of 6
235
d. The City may at its discretion require the owner and/or operator of the commercial or
236
utility scale system to provide financial security in the form of a cash escrow or
237
irrevocable letter of credit in an amount equal to 125 percent of a cost estimate for de -
238
commissioning the system.
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F. 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.
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. for all types of solar energy
systems. 'IV
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 day of
2015.
Myron Bailey, Mayor