HomeMy WebLinkAbout2017-04-24 PACKET WORKSHOPMmCottage
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here Pride and Prosperity Meet
TO: Planning Commission Members
FROM: John McCool, Senior Planner
DATE: April 18, 2017
RE: Solar Collection Systems — Ordinance Amendments
Introduction/Background
On March 27, 2017, the Planning Commission held a workshop to discuss the solar collection ordi-
nance regulations. The Planning Commission identified a variety of ordinance amendment options
and requested additional information relating to the capacity of Xcel's existing electric distribution
lines and if "licensing" large community solar projects is a viable alternative. Other topics discussed
are summarized below:
1) Reduce the designated areas shown on Exhibit "A" in Ordinance No. 948, Solar Collection
System, which allows community solar gardens and large solar fields.
2) Increase the setback between any residential structure and any community solar garden
system. The increased setback was described as something between 50 and 1,000 feet.
Screening along the fringes of a community solar system is also recommended.
3) The collection of solar energy should be limited based on Xcel's existing electric distribution
capacity.
4) Maybe community solar gardens should be within a specified distance to Xcel's existing elec-
tric distribution system. One-half mile distance was referred to.
5) More information concerning neighboring property values.
6) Placement of community solar garden systems on the roof of a non-residential structure that
is located within the municipal urban service area (MUSA) as long as the interconnection and
power lines are underground.
Background
At the time the Solar Collection System ordinance was adopted, it included a map (Exhibit "A") that
depicted where solar collections systems could potentially be located in the community. Exhibit "A"
is shown on the next page.
Planning Commission Memorandum
Solar Collection Systems — Ordinance Regulations
April 18, 2017
Page 2 of 7
Since the adoption of Ordinance No. 948, five conditional use permit applications for community
solar gardens and two solar collector text amendment applications were filed with the City. Four of
the five conditional use permit applications were approved by the City. One conditional use permit
application was eventually withdrawn by the applicant. The location of the four approved community
solar gardens are shown on the illustration below.
Solar Colle
Exhi
Ordinan
sd Community
irden Projects
Both text amendment applications proposed to allow community solar gardens or solar farms within
the municipal urban service area (MUSA) and/or in a Transition Planning Area as designated on the
Planning Commission Memorandum
Solar Collection Systems — Ordinance Regulations
April 18, 2017
Page 3 of 7
City's Future Land Use map in the Future Vision 2030 Comprehensive Plan. The applicants for these
proposed solar collection systems ordinance amendments withdrew their applications.
Based on public testimony and conversations by the City Council and Planning Commission, certain
solar collection ordinance regulations were identified as possibly being amended.
On July 20, 2016, the City Council adopted Ordinance No. 965, which is an interim ordinance pro-
hibiting acceptance or consideration of applications for community solar gardens and/or solar farms
in order to undertake a study to effectuate changes to the Zoning Ordinance and City Code. The
study is also to include, but not be limited to, review if community solar gardens and/or solar farms
would be allowed by conditional use permit or interim conditional use permit and to determine ap-
propriate setbacks from adjoining property lines and structures. This ordinance created a moratorium
for community solar gardens and/or solar farms for 12 months from July 20, 2016.
The purpose of this moratorium is to ensure that the solar collection ordinance is consistent with the
goals and policies of the Comprehensive Plan. A Steering Committee was appointed last year by
the City Council to update the City's Future Vision 2030 Comprehensive Plan. The Steering Com-
mittee has been working on other elements of the Comprehensive Plan and has not yet had the
opportunity to review or prepare goals and policies relevant to solar energy systems
It is evident that the community's goals, policies, and strategies for solar collection systems in the
updated Comprehensive Plan will not formally be approved before July 20, 2017. If the solar collec-
tion ordinance is amended, the goals and policies for solar energy should be consistent with the solar
collection ordinance and adopted amendments hereafter. Generally, the adoption of city ordinances
is to implement the goals and policies established in the Comprehensive Plan, but in this scenario,
it will be necessary to reverse the process in order to achieve the purpose of the solar collection
moratorium before the July 20, 2017 deadline.
Solar Collection Ordinance
Attached is a copy of the solar collection ordinance with suggested text amendments. Text proposed
to be deleted is shown crossed out and new language is underlined.
Conditional Use Permit or Interim Conditional Use Permit
As reported at the workshop on March 27, city staff generally found that other communities require
a conditional use permit application for community solar gardens or solar farms. A few communities
required an interim conditional use permit. As previously discussed, interim conditional use permit
applications have generally been approved by the City of Cottage Grove for three to five year peri-
ods. Community solar gardens or solar farms are generally thought to be a long-term land use since
lease agreements are generally 20 or more years in duration. An interim conditional use permit ter-
minates on a specific date and is granted for a specific person/company. It too runs with the land.
The City does not have any licensing authority for solar collections systems. Licensing is adminis-
tered by other state agencies.
If the Planning Commission wants these types of projects to have an expiration date, then an amend-
ment to the ordinance requiring an interim conditional use permit can be incorporated in the solar
ordinance amendment.
Planning Commission Memorandum
Solar Collection Systems — Ordinance Regulations
April 18, 2017
Page 4 of 7
Amending Exhibit "A" in Ordinance No. 948
At the March 27 Planning Commission workshop, a couple members thought the areas designated
on Exhibit "A" in Ordinance 948 that allows community solar gardens or solar farms should be re-
duced. It was also mentioned that community solar gardens or solar farms should only be located
where existing Xcel electric distribution lines are capable of allowing solar electricity to connect to
and/or be within a half mile from an existing Xcel electric line that is capable of allowing a solar
electricity connection.
For the most part, all the areas shown in the red hatched areas on Exhibit "A" in Ordinance No. 948
are within one-half mile of an existing electric distribution line. Xcel Energy was asked to provide a
map showing their existing electric distribution lines that can or could allow solar generated electricity
to connect to their electric distribution lines. Xcel did not readily have that information and said it
would take some time before the information can be available. Xcel did point out that most of their
electric distribution lines could be upgraded to accommodate additional electricity generated from
solar electric projects. The developer/owner of a solar project would be required to pay for any
upgrades to Xcel's electric distribution system.
The four illustrations below show where community solar gardens and solar farms could be located
in the community and an underlying aerial photo shows existing land uses. The existing Xcel Energy
electric distribution lines (shown as a brown -colored hatch line) merely shows where solar collection
projects are in relationship to existing Xcel Energy distribution lines. If an ordinance regulation was
established that required solar collection projects to be within one-half mile of an existing Xcel Energy
distribution line, most areas within the designated solar collection sites as shown in Exhibit "A" in
Ordinance No. 948 already comply with that regulation.
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Planning Commission Memorandum
Solar Collection Systems — Ordinance Regulations
April 18, 2017
Page 5 of 7
Planning Commission Memorandum
Solar Collection Systems — Ordinance Regulations
April 18, 2017
Page 6 of 7
Setback Requirements
The current solar collection system ordinance states that community solar gardens or solar farms
must comply with the principal structure setback standards for the applicable zoning district in which
they are located. The table below shows the minimum setbacks for the R-1, R-2, AG -1, AG -2, and
1-3 Districts.
Zoning District
Front Yard Setback
Rear Yard Setback
Side Yard Setback
R-1
30 feet
50 feet
25 feet
R-2
30 feet
50 feet
25 feet
AG -1
100 feet
50 feet
25 feet
AG -2
100 feet
50 feet
25 feet
1-3
100 feet
100 feet
100 feet
It was suggested that the setback between any residential structure and any community solar gar-
den system be required to have greater setbacks and screening requirements. The increased
setback was described as something between 50 and 1,000 feet, although a 50 -foot setback was
thought to be adequate if appropriate screening was provided in the 50 -foot buffer. It was noted
that terrain between a residential dwelling and an adjoining solar collection system will make a
big difference if the residential parcel elevation is higher than the solar field elevation. If the grade
difference is 15 feet, the installation of an eight -foot tall privacy fence or planting deciduous and/or
conifer trees and/or shrubs would not completely screen the view of a solar collection system.
Planning Commission Memorandum
Solar Collection Systems — Ordinance Regulations
April 18, 2017
Page 7 of 7
Adjoining Property Values
Determining if a community solar garden or solar farm will have a detrimental effect to neighboring
property values is difficult to determine. There are many factors to consider in making a final
determination if property values are affected. Information on the internet provides a mix of opin-
ions whether or not property values are affected.
Roof -Top Community Solar Gardens in the MUSA and/or Transition Planning Area
As a general consensus, placement of community solar garden systems on the roof of a non-
residential structure that is located within the municipal urban service area (MUSA) or Transition
Planning Area is acceptable as long as the interconnection and power lines are underground.
To some extent, roof -top solar systems would generally be smaller and potentially be on property
that is less than the five -acre minimum land area requirement. The solar ordinance currently allows
solar collection systems on commercial and industrial buildings, but was intended to allow the busi-
ness to supplement their electric energy use and not sell it back to the utility company.
The proposed text amendment includes a regulation that allows community solar garden systems
on all non-residential structures (e.g. schools, churches, commercial, industrial, municipal buildings)
that are located in any zoning district. The interconnection from the roof -top solar collection system
to the utility company's electric distribution line must be underground.
Recommendation
A copy of the draft solar collection system ordinance amendment is attached and will be discussed
at the Planning Commission workshop on April 24, 2017. This workshop will be held in the Train-
ing Room at City Hall.
A public hearing on this topic will be scheduled for a future Planning Commission meeting.
Attachment:
Draft Solar Collection System Ordinance Amendment
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Solar Collection Systems — Proposed Text Amendments
April 2017
11-4-10: SOLAR COLLECTOR SYSTEMS:
A. Purpose: Cottage Grove supports the use of solar collection systems as an accessory use in
all zoning districts and as an interim conditional use in special zoning districts whereby it is
determined that rural and urban agricultural land is unproductive farmland. The development
of solar energy farms should be balanced with the protection of the public safety and the
existing natural resources in Cottage Grove. This section is to provide for the regulation of the
construction and operation of solar collector systems in Cottage Grove, subject to reasonable
conditions that will protect the environment, public health, safety, and welfare. The provisions
of this section shall apply within all zoning districts; allowing solar panels as an appurtenance
to rooftops and exterior walls, and allow modest adjustments to regulations to allow applicants
access to solar resources on their property. In no case shall the provisions of this section
guarantee rights to solar access.
B. Definitions: The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this section:
ALTERNATIVE ENERGY SYSTEM: A ground source heat pump, wind or solar energy system.
COMMUNITY SOLAR GARDEN: A solar electric (photovoltaic) array that provides retail
electric power (or a financial proxy for retail power) to multiple community members or
businesses residing or located off site from the location of the solar energy system, under the
provisions of Minnesota statutes 216B.1641 or successor statute.
PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly
into electricity.
SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the
primary purpose is to capture sunlight and transform it into thermal, mechanical, chemical, or
electrical energy.
SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process. Collector surface does not include
frames, supports and mounting hardware.
SOLAR DAYLIGHTING: A device specifically designed to capture and redirect the visible
portion of the solar spectrum, while controlling the infrared portion, for use in illuminating
interior building spaces in lieu of artificial lighting.
SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of
heat or light by a solar collector.
SOLAR ENERGY DEVICE: A system or series of mechanisms designed primarily to provide
heating, cooling, electrical power, mechanical power, solar daylighting or to provide any
combination of the foregoing by means of collecting and transferring solar generated energy
into such uses either by active or passive means. Such systems may also have the capability
of storing such energy for future utilization. Passive solar energy systems shall clearly be
Solar Collection Systems — Proposed Text Amendments
April 2017
Page 2 of 7
48 designed as a solar energy device such as a trombe wall and not merely a part of a normal
49 structure such as a window.
50
51 SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of
52 which is to provide daylight for interior lighting or provide for the collection, storage and
53 distribution of solar energy for space heating or cooling, electricity generation or water heating.
54
55 SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an
56 integral part of a principal or accessory building, replacing or substituting for an architectural
57 or structural component of the building. Building integrated systems include, but are not limited
58 to, photovoltaic or hot water solar energy systems that are contained within or substitute for
59 roofing materials, windows, skylights, awnings and shade devices.
60
61 SOLAR ENERGY SYSTEM, GRID INTERTIE: A photovoltaic solar energy system that is
62 connected to an electric circuit served by an electric utility company.
63
64 SOLAR ENERGY SYSTEM, GROUND MOUNT: A freestanding solar system mounted directly
65 to the ground using a rack or pole rather than being mounted on a building.
66
67 SOLAR ENERGY SYSTEM, OFF GRID: A photovoltaic solar energy system in which the
68 circuits energized by the solar energy system are not electrically connected in any way to
69 electric circuits that are served by an electric utility company.
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71 SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted directly or
72 abutting the roof of a principal er aGGeSSnry building.
73
74 SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by
75 photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology,
76 for the principal purpose of wholesale sales of generated electricity.
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78 SOLAR HEAT EXCHANGER: A component of a solar energy device that is used to transfer
79 heat from one substance to another, either liquid or gas.
80
81 SOLAR HOT AIR SYSTEM (Also referred to as SOLAR AIR HEAT OR SOLAR FURNACE):
82 An active solar energy system that includes a solar collector to provide direct supplemental
83 space heating by heating and recirculating conditioned building air. The most efficient
84 performance typically uses a vertically mounted collector on a south facing wall.
85
86 SOLAR HOT WATER SYSTEM (Also THERMAL SYSTEM): A system that includes a solar
87 collector and a heat exchanger that heats or preheats water for building heating systems or
88 other hot water needs, including residential domestic hot water and hot water for commercial
89 processes.
90
91 SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of
92 a solar collector onto a roof surface or the ground.
93
94 SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not
95 obscured by any vegetation, building, or object for a minimum of four (4) hours between the
Solar Collection Systems — Proposed Text Amendments
April 2017
Page 3 of 7
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hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. 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.
C. Standards:
1. Building Integrated Solar Energy System: A building integrated solar energy system
shall be allowed only on principal structures in all zoning districts and regulated as any
other building element. Wall mounted solar collection systems are prohibited on the
side of a principal structure facing a public street.
1 a. Roof mounted solar energy systems are prohibited on accessory structures.
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2.
Minimum Lot Size: A minimum lot area of five (5) acres is required for ground mounted
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solar energy systems for all residential properties in any zoning district.
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3.
Height: Roof mounted solar energy systems shall comply with the maximum height
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requirements in the zoning district that the property is zoned. In nonresidential zoning
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districts, ground mounted solar energy systems may be permitted in the front, side or
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rear yards, but must set back a minimum of twenty feet (20') from the property line.
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4.
Roof Mounting Devices And Roof Mounted Solar Energy Systems: Roof mounting
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devices and roof mounted solar energy systems shall be flush mounted on pitched
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roofs. Solar energy systems located in nonresidential districts or on nonresidential uses
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may be mounted at an angle to the roof to improve their efficiency; however, the highest
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point of a solar panel shall not be more than five feet (5), measured in a straight line
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above the roof upon which the panel is mounted. Roof mounted devices and roof
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mounted solar energy systems shall not extend beyond the exterior perimeter of the
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building on which the system is mounted or built, unless the collector and mounting
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system has been explicitly engineered to safely extend beyond the edge, and setback
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standards are not violated. Exterior piping for solar hot water systems is prohibited to
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extend beyond the perimeter of the building.
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5.
Mirror Reflecting Designed Solar Energy Systems: Mirror reflecting designed solar
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energy systems are permitted only on properties with five (5) acres or larger and located
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outside the metropolitan urban service area (MUSA). An interim conditional use permit
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is required.
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6.
Easements: Solar energy systems shall not encroach on public drainage or utility
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easements.
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7.
Aesthetics: Reflection angles from solar energy systems shall be oriented away from
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neighboring windows. Where necessary, screening may be required to address glare.
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8.
Ground Mounted Solar Energy Systems: Ground or pole mounted solar energy systems
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shall not exceed fifteen feet (15) in height when oriented at maximum tilt. Ground
Solar Collection Systems — Proposed Text Amendments
April 2017
Page 4 of 7
144 mounted solar energy systems shall comply with the accessory structure setback
145 standards for the applicable zoning district in which they are located. Community solar
146 gardens or selar farms shall GE)Fnply with the prinGipal StruGture setbaGk standards fe
147 the annliGahle wing distrin+ in whish they are IGGated. Solar energy systems may not
148 extend into the minimum side or rear yard setbacks when oriented at minimum or
149 maximum design tilt.
150
151 9. Standards: Solar energy systems shall meet the minimum standards outlined by the
152 International Electrotechnical Commission (IEC), the American Society Of Heating,
153 Refrigerating, And Air -Conditioning Engineers (ASHRAE), ASTM International,
154 International Organization For Standardization (ISO), Underwriter's Laboratory (UL),
155 the Solar Rating And Certification Corporation (SRCC) or other standards as
156 determined by the community development director.
157
158 10. Certification: Solar energy systems and components shall be certified by Underwriters
159 Laboratories, Inc. (UL), the National Renewable Energy Laboratory, and Solar Rating
160 And Certification Corporation (SRCC), or other appropriate certification(s) as
161 determined by the city. The city reserves the right to deny a building permit for proposed
162 solar energy systems deemed to have inadequate certification.
163
164 11. Building Permit Required: All solar energy systems require a building permit. A building
165 permit application and plan submittal must comply with the following requirements:
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167 a. Applications For Solar Energy Systems: An application to the city for a building
168 permit under this section shall contain the following information, including, but not
169 limited to, the following:
170
171 (1) A building permit application.
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173 (2) A site plan of existing and proposed site conditions.
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175 (3) Number of solar collectors to be installed.
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177 (4) Location and spacing of solar panels.
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179 (5) Ground mounted system applications shall identify existing vegetation on
180 installation site (list vegetation type and percent of coverage; i.e., grassland,
181 plowed field, wooded areas, etc.), and provide a maintenance plan for
182 controlling vegetative growth on site upon installation of the solar energy
183 system.
184
185 (6) A description of the method of connecting the array to a building or substation
186 and a signed copy of the interconnection agreement a copy of the application
187 to with the local electric utility be included with the GendTt+ona'use permit
188 interim conditional use permit application or a written explanation outlining
189 why an interconnection agreement is not necessary.
190
Solar Collection Systems — Proposed Text Amendments
April 2017
Page 5 of 7
191 (7) Planned location of underground or overhead electric lines connecting the
192 solar electric system to the building, substation or other electric load.
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194 (8) New electrical equipment other than at the existing building or substation that
195 is the connection point for the solar electric system.
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197 (9) Manufacturer's specifications and recommended installation methods for all
198 major equipment, including solar panels, mounting systems and foundations
199 for poles or racks.
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201 (10) Existing and proposed (if existing grade will be altered) topography at two
202 foot (2') contours.
203
204 12. Feeder Lines And Grid Interties: All power lines shall be placed underground within the
205 interior of each parcel and between the solar collection system and interconnection to
206 the electric grid. The collection system may be placed overhead near substations or
207 points of interconnection to the electric grid. All grid intertie systems shall have an
208 agreement with the local utility prior to the issuance of a building permit. A visible
209 external disconnect must be provided if required by the utility. Off grid systems are
210 exempt from this requirement.
211
212 13. Special Exceptions: A solar collection system with a cumulative area of six (6) square
213 feet or less is permitted in all zoning districts and does not require a building permit. No
214 more than three (3) solar collection panels are permitted. Examples of these systems
215 are outdoor accent lighting systems, power supply for traffic control systems, powering
216 a water pump for water gardens, telecommunication systems, backup power systems
217 during power outages, and etc.
218
219 D. Community Solar Garden Or Solar Farm: ° Genditional use perrv,i+ An interim conditional use
220 e is required for community solar garden or solar farm systems and must be located within
221 the designated areas shown in Exhibit A attached to the ordinance codified herein and must
222 comply with the following requirements:
223
224 1 . Utility scale Community solar garden or solar farm selar energy systems that are free -
225 standing ground mounted solar arrays are allowed in all zoning districts that are not
226 within the metropolitan urban service area (MUSA) or Transition Planning Area as
227 designated on the Future Land Use map in the Comprehensive Plan and comply with
228 the following:
229
230 a. A minimum of five (5) acres of land is required. Comply with the principal structure
231 setback standards for the applicable zoning district in which they are located and a
232 minimum of 100 feet between any residential dwelling_ on an adjacent lot and any
233 solar collection appurtenant equipment.
234
235 b. Solar collection systems shall be screened from view to the extent possible without
236 reducina their efficiencv. Screenina may include walls. fences or Iandscapina.
237
Solar Collection Systems — Proposed Text Amendments
April 2017
Page 6 of 7
238 c. Must be within one-half mile of an existing electric distribution system for purposes
239 of making the interconnection to the electric grid.
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241 d. The electrical connection system shall be placed underground within the interior of
242 each parcel and between the solar collection system and the point where the
243 interconnection to the electric grid is made.
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245 e. Roof -mounted systems shall comply with all building setbacks in the applicable
246 zoning district and shall not extend beyond the exterior perimeter of the building on
247 which the system is mounted.
248
249 2. Community solar garden or solar farm systems that are roof mounted on non-residential
250 buildings are allowed in all zoning districts. All feeder lines and grid interties shall be
251 placed underground and between the solar collection system and the point where the
252 interconnection to the electric grid is made. The collection system may be placed
253 overhead near substations or points of interconnection to the electric grid. There is no
254 minimum lot area required.
255
256 E. Decommissioning: A decommissioning plan shall be submitted with all applications for
257 community solar garden or solar farm systems.
258
259 1. Decommissioning plans shall outline the anticipated means and cost of removing the
260 system at the end of its serviceable life or upon its becoming a discontinued use. The
261 cost estimates shall be made by a competent party, such as professional engineer, a
262 contractor capable of decommissioning or a person with suitable expertise or
263 experience with decommissioning. The plan shall also identify the financial resources
264 that will be available to pay for the decommissioning and removal of the system.
265 Owners of residential solar energy systems may rely on manufacturer's data to submit
266 estimates.
267
268 2. Decommissioning of the system must occur within ninety (90) days from either of the
269 following:
270
271 a. The end of the system's service life; or
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273 b. The system becomes a discontinued use.
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275 c. A system shall be considered a discontinued use after one year without energy
276 production, unless a plan is developed and submitted to the zoning administrator
277 outlining the steps and schedule for returning the system to service.
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279 d. The city may at its discretion require the owner and/or operator of the commercial
280 or utility scale system to provide financial security in the form of a cash escrow,
281 bond, or irrevocable letter of credit in an amount equal to one hundred twenty five
282 percent (125%) of a cost estimate for decommissioning the system.
283
284 3. The owner of a utility scale system must notify the city in writing when feeder lines
285 and/or grid interties are disconnected from the local utility transmission line.
Solar Collection Systems — Proposed Text Amendments
April 2017
Page 7 of 7
286
287 F. Abandonment: If the solar energy system remains nonfunctional or inoperative for a
288 continuous period of one year, the system shall be deemed to be abandoned and shall
289 constitute a public nuisance. The owner shall remove the abandoned system at their expense
290 after a demolition permit has been obtained. Removal includes the entire structure and
291 components. (Ord. 948, 10-7-2015)