Loading...
HomeMy WebLinkAbout11A Solar Energy System Ordinance Amendment TO: Honorable Mayor and City Council Charlene Stevens, City Administrator FROM: John McCool, Senior Planner DATE: July 12, 2017 RE: Proposed Solar Energy System Ordinance Amendments Introduction The Planning Division was asked to amend the City’s Solar Collector System to decide if com- munity solar gardens or solar farms should require an “interim” conditional use permit versus the current conditional use permit requirement. Once the Planning Commission started discussing this issue, other modifications to the Solar Energy System Ordinance were discussed. Below is a summary of the proposed solar ordinance amendments discussed by the Planning Commis- sion and City Council: 1) Modify Exhibit A in Ordinance No. 948, Solar Collection System, which depicts areas in the community where community solar gardens and solar farms could potentially be placed. 2) Increase the minimum setback between community solar gardens and/or solar farms and the site’s property lines. Screening along or around the perimeter of community solar gardens or solar farms was discussed. 3) Community solar gardens and/or solar farms should be limited based on Xcel’s existing elec- tric distribution capacity. 4) Community solar gardens and solar farms should be within a specified distance to Xcel’s ex- isting electric distribution system. 5) Community solar garden systems on flat-roofs of non-residential structures that are within the municipal urban service area (MUSA). 6) Spacing between community solar gardens and solar farms with other solar energy systems was suggested to be a minimum of one-quarter mile. 7) Require an interim conditional use permit for community solar gardens or solar farms instead of a conditional use permit. 8) Allow community solar gardens or solar farms on top of flat-roof non-residential accessory structures (e.g. commercial, industrial, schools, churches, municipal buildings) that are in any zoning district. Property could be in or outside the metropolitan urban service area (MUSA). Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems – Ordinance Amendments July 12, 2017 Page 2 of 4 Planning Commission Review and Recommendation Planning Commission The City Attorney assisted with drafting an ordinance amendment based on suggestions by the Planning Commission at their March 27, 2017 and April 24, 2017, workshops regarding the solar collection system ordinance. The draft solar energy system ordinance amendment was presented to the Planning Commission at the public hearing on May 22, 2017. At the public hearing, Peter Schmitt, Project Developer for US-Solar, suggested that a 300-foot minimum setback between the solar field and the property boundary lines is too excessive and ef- fective screening can be accomplished in a smaller setback. Mr. Schmitt also recommended that community solar gardens and solar farms should not be prohibited in Transition Planning Areas as guided in the Future Vision 2030 Comprehensive Plan. He also offered to pay city development fees and charges if land is in the MUSA. Mr. Schmitt is working with Randall Kroll, the owner of 30 acres of land located on the southwest corner of 100th Street and Ideal Avenue about the possibil- ity of developing a one-megawatt community solar garden on the southern 10 acres of Mr. Kroll’s 30-acre parcel. Duane Hebert, Director of Community Solar for Novel Energy Solutions, opposed the proposed ordinance regulation requiring a parapet on flat-roofs to screen the public’s view of solar energy systems. Mr. Hebert suggested that such solar devices should be allowed on non-residential ac- cessory structures (e.g., canopy for motor fuel stations, warehouses, etc.) and explained that his company’s solar panels absorb sunlight and do not create any glare or reflect sunlight. He also suggested that the ordinance require the developer of a solar energy system to provide the City with a solar study to determine if glare or reflected sunlight will adversely impact neighboring prop- erties. Ben Granley and Randy Moberg, from Werner Electric, both sent email messages supporting the proposed amendments to allow community solar garden systems on top of industrial structures in the MUSA and objected to any regulation requiring a parapet around the perimeter of the roof to screen solar energy collection systems from neighboring properties. Both gentlemen stated that solar energy panels with anti-glare technology would alleviate concerns for reflecting glare. On May 22, 2017, the Planning Commission unanimously (7-to-0 vote) to recommend to the City Council that the proposed solar energy ordinance be approved with the following changes: 1) not require that a community solar garden or solar farm must adjoin an existing electric distribu- tion line; 2) allow solar energy systems on top non-residential accessory structures in all zoning districts; and 3) delete the parapet requirement for flat-roof non-residential structures based on the results of the proposer’s solar study. Background On July 20, 2016, the City Council adopted Ordinance No. 965, an interim ordinance prohibiting 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 also included the review of appropriate setbacks between adjoining property lines and the Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems – Ordinance Amendments July 12, 2017 Page 3 of 4 solar energy systems. 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 was 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 Committee 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 energy systems in the up- dated Comprehensive Plan will not formally be approved before July 20, 2017. If the solar collec- tion system 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. On June 21, 2017, the City Council discussed the proposed solar energy system ordinance amendments and provided City staff with some direction on most of the ordinance amendments. A summary of the proposed solar ordinance amendments, the Planning Commission’s recommenda- tions, and the general direction discussed by the City Council is shown in the table below: Proposed Amendment Planning Commission Recommendations City Council Direction General consensus supported the 300-foot minimum setback from all property boundary lines. 300-foot minimum setback from all 300-foot minimum setback from all property Buffer screening from routine view of the public property boundary lines boundary lines. right-of-way and immediately adjacent residences shall be required in attempt to minimize the visual impact of above grade site improvements. Community solar gardens and solar fields should be limited based on Xcel’s existing Did not recommend this regulation. Concurred with Planning Commission. electric distribution capacity. Community solar gardens and solar farms should be within one-half mile distance to Did not recommend this regulation. Concurred with Planning Commission. an existing electric distribution line. Allow the placement of community solar Planning Commission’s recommendation garden systems on flat-roofs of non-allows community solar garden systems on residential structures that are located flat-roofs of non-residential structures in the within the municipal urban service area MUSA as long as sunlight or solar glare is Concurred with Planning Commission. (MUSA) as long as the interconnection not directed onto adjacent buildings, and power lines are underground and the properties, or roadways, and shall not emit solar energy system mounted on a flat-unreasonable glare. The applicant must roof cannot be seen. submit a solar glare study. Honorable Mayor, City Council, and Charlene Stevens Solar Energy Systems – Ordinance Amendments July 12, 2017 Page 4 of 4 Proposed Amendment Planning Commission Recommendations City Council Direction Allow a community solar garden or solar farm General consensus is to allow solar energy systems A community solar garden or solar farm on on top of flat-roof non-residential accessory on accessory non-residential structures only in the top of flat-roof non-residential accessory structures (e.g. canopy over a motor fuel industrial zoning districts that may or may not be in structure (e.g. canopy over a motor fuel station) in any zoning district. Property could the MUSA and Transition Planning Areas. Solar station) in any zoning district. Property could be in or outside the metropolitan urban service panels could be mounted at an angle on a non- be in or outside the metropolitan urban area (MUSA). The solar energy devise must residential flat-roof accessory structure, but must not service area (MUSA). be a flat-mounted design. extend more than five feet above the flat-roof. Spacing between community solar gardens Pros and cons for the one-quarter of a mile and solar farms with other community solar One-quarter of a mile separation between separation was discussed. A majority of the City gardens and solar farms was recommended community solar gardens and solar farms. Council members in attendance supported the to be a minimum of one-quarter mile apart. removal of this requirement from the draft ordinance. Interim conditional use permit vs conditional use permit for community solar gardens or Interim conditional use permit required. Concurred with Planning Commission. solar farms. Modify Exhibit “A” in Ord. No. 948 No changes were recommended. No changes to Exhibit “A” suggested. Recommendation Based on the Planning Commission’s recommendation to adopt certain amendments to the solar energy system ordinance and City Council’s suggestions at the workshop on June 21, 2017, the City Attorney prepared a solar energy systems ordinance amendment that repeals the current solar collection system ordinance (Ord. No. 948) as adopted on October 7, 2015. Attached is a copy of the new solar energy system ordinance for your final decision. Any modifications to the proposed draft ordinance can be made at the July 19, 2017, City Council meeting, but a majority vote to approve the ordinance amendments must be made because of the interim ordinance adopted by the City Council on July 20, 2016 (Ordinance No. 965). The interim ordinance prohibited the City’s 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 Ordi- nance and City Code. Ordinance No. 965 created a moratorium for community solar gardens and/or solar farms for 12 months from July 20, 2016. A copy of the proposed solar energy system ordinance is attached. CITY OF COTTAGE GROVE, MINNESOTA ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA REPEALING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 4, SECTION 10 REGARDING SOLAR COLLECTOR SYSTEMS AND ENACTING TITLE 11, CHAPTER 4, SECTION 10 REGARDING SOLAR ENERGY SYSTEMS The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. REPEALER . The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 4, Section 10 shall be repealed. SECTION 2. ENACTMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 4, Section 10 is hereby enacted as follows: SECTION 10 SOLAR ENERGY SYSTEMS 11-4-10: SOLAR ENERGY SYSTEMS: A. Purpose: Cottage Grove supports the use of solar energy systems in appropriate zoning districts within the City. The development of solar energy systems should be balanced with the protection of the public safety and the existing natural resources in Cottage Grove. This section provides for the regulation of the construction and operation of solar energy systems in Cottage Grove, subject to reasonable conditions to protect the environment, public health, safety, and welfare. The provisions of this section shall apply within all zoning districts. 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 following meanings: 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 a 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 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. City of Cottage Grove, Minnesota Ordinance No. XXX Page 2 of 8 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, or 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. SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide daylight for interior lighting or provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating. SOLAR ENERGY SYSTEM, BUILDING INTEGRATED: A solar energy system that is an integral part of a principal or accessory building, replacing or substituting for an architectural or structural component of the building. Building integrated systems include, but are not limited to, photovoltaic or hot water solar energy systems that are contained within or substitute for roofing materials, windows, skylights, or awnings. SOLAR ENERGY SYSTEM, GRID INTERTIE: A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company. SOLAR ENERGY SYSTEM, GROUND MOUNTED: A freestanding solar energy system mounted directly to the ground using a rack or pole rather than being mounted on a building. SOLAR ENERGY SYSTEM, OFF GRID: A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company. SOLAR ENERGY SYSTEM, ROOF MOUNTED: A solar energy system mounted onto the roof of a building. SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by photovoltaic (PV), concentrating solar power devices (CSP), or other conversion technology, for the principal purpose of wholesale sales of generated electricity. SOLAR HEAT EXCHANGER: A component of a solar energy device that is used to transfer heat from one substance to another, either liquid or gas. SOLAR HOT AIR SYSTEM: An active solar energy system that includes a solar collector to provide direct supplemental space heating by heating and recirculating conditioned building air. City of Cottage Grove, Minnesota Ordinance No. XXX Page 3 of 8 SOLAR HOT WATER 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. C. General Standards: 1. Building Integrated Solar Energy Systems: A building integrated solar energy system shall be allowed only on principal structures in all zoning districts and shall be regulated as any other building element. 2. Wall Mounted Solar Energy Systems: Wall mounted solar energy systems are prohibited on the side of a principal structure facing a public street. 3. Roof-mounted Solar Energy Systems: a. Roof mounting devices and roof mounted solar energy systems shall be flush mounted on pitched roofs, parallel to the roofline. b. Roof-mounted solar energy systems mounted on a flat roof of a building located in a nonresidential district may be mounted at an angle to the roof to improve their efficiency; however, the highest point of a solar collector shall not be more than five feet (5') from the surface of the roof, measured in a straight line above the roof upon which the solar collector is mounted. c. Roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. d. Exterior piping for solar hot water systems is prohibited to extend beyond the perimeter of the building. e. Roof-mounted solar energy systems shall comply with the maximum height requirements for the zoning district in which they are located. f. Roof-mounted solar energy systems are prohibited on accessory structures in residential zoning districts. 4. Ground-mounted Solar Energy Systems: a. Ground mounted solar energy systems may only be erected on properties consisting of five (5) or more acres, regardless of the zoning district in which they are located. City of Cottage Grove, Minnesota Ordinance No. XXX Page 4 of 8 b. Ground mounted solar energy systems shall not exceed fifteen (15) feet in height when oriented at maximum tilt as measured from the ground to the highest point of the solar collector or related appurtenance. c. Ground-mounted solar energy systems shall comply with the accessory structure setback standards for the applicable zoning district in which they are located, except as otherwise required in this section. Solar energy systems shall not extend into the minimum front, rear, or side yard setbacks when orientated at minimum or maximum design tilt. d. Ground-mounted solar energy systems are prohibited in the front yard of properties located within the MUSA. Ground mounted solar energy systems are permitted in the front yard of properties located outside the MUSA, but must comply with the minimum front yard setback as required in the zoning district they are located in or such greater distance as may be required in this section. 5. Heliostats: Heliostats are prohibited in all zoning districts. D. Additional Requirements: 1. Public Easements: Solar energy systems shall not encroach on public drainage or utility easements. 2. Glare: Solar collectors shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways, and shall not emit unreasonable glare. Where necessary, screening may be required to address glare created by or as a result of the solar energy systems. 3. Standards: Solar energy systems shall meet the minimum standards outlined by the International Electrotechnical Commission (IEC), the American Society Of Heating, Refrigerating, And Air-Conditioning Engineers (ASHRAE), ASTM International, International Organization For Standardization (ISO), Underwriter's Laboratory (UL), the Solar Rating And Certification Corporation (SRCC) or other standards acceptable to the community development director. 4. Certification: Solar energy systems and components shall be certified by Underwriters Laboratories, Inc. (UL), the National Renewable Energy Laboratory, and Solar Rating and Certification Corporation (SRCC), or other appropriate certification(s) as accepted by the city. The city reserves the right to deny a building permit for proposed solar energy systems deemed to have inadequate certification. 5. Building Permit Required: All solar energy systems require a building permit. A building permit application and plan submittal must comply with the following requirements: a. Applications For Solar Energy Systems: An application to the city for a building permit under this section shall contain information, including, but not limited to, the following: City of Cottage Grove, Minnesota Ordinance No. XXX Page 5 of 8 (1) A building permit application. (2) A site plan of existing and proposed site conditions. (3) Description and depiction of solar energy system. (4) Number of solar collectors to be installed. (5) Location and spacing of solar collectors and mounting devices (6) Applications for ground mounted solar energy systems shall identify existing vegetation on the installation site (list vegetation type and percent of coverage; i.e., grassland, plowed field, wooded areas, etc.), and provide a maintenance plan for controlling vegetative growth on site upon installation of the solar energy system. (7) A description of the method of connecting the solar collectors to a building or substation and a signed copy of the interconnection agreement with the local electric utility shall be included or a written explanation outlining why an interconnection agreement is not required. (8) Planned location of underground or overhead electric lines connecting the solar energy system to the substation or distribution line. (9) New electrical equipment other than at the existing building or substation that is the connection point for the solar energy system. (10) Manufacturer's specifications and recommended installation methods for all major equipment, including solar collectors, mounting systems and foundations for poles or racks. (11) Existing and proposed (if existing grade will be altered) topography at two foot (2') contours. (12) A completed glare study that demonstrates that there will be no unreasonable glare generated by the solar energy system and that any glare generated shall not be directed onto adjacent buildings, properties, or roadways or otherwise adversely impact neighboring properties. 6. Grid Interties: For all grid intertie solar energy systems, all power lines shall be placed underground within the interior of each parcel and between the solar energy system and its connection to the electric grid. The collection system may be placed overhead near substations or points of interconnection to the electric grid. All grid intertie systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible City of Cottage Grove, Minnesota Ordinance No. XXX Page 6 of 8 external disconnect must be provided if required by the utility. Off grid systems are exempt from this requirement. 7. Special Exceptions: Solar collectors and solar energy systems with a cumulative area of six (6) square feet or less are permitted in all zoning districts and do not require a building permit. Examples of these systems include outdoor accent lighting systems, power supply for traffic control systems, powering a water pump for water gardens, telecommunication systems, backup power systems during power outages, and similar solar energy systems. E. Community Solar Gardens and Solar Farms: Community solar gardens and solar farms are permitted with an interim conditional use permit subject to the following requirements: 1. Ground Mounted Community Solar Gardens and Solar Farms: Ground mounted community solar gardens and solar farms are permitted only in those areas shown on the attached Exhibit A, and must comply with the following requirements: a. A minimum of five (5) acres of land is required. All ground mounted solar energy systems and solar collection appurtenant equipment must set back a minimum of three hundred (300) feet from all property boundary lines. b. Vegetative screening or buffering of the ground-mounted solar energy systems may be required as part of the conditions of approval. Screening or buffering shall be based on the proximity of the system to residential buildings and to abutting public right-of-way. Screening may include walls or fences. c. The electrical connection systems shall be placed underground within the interior of each parcel and between the solar energy system and the point where the interconnection to the electric grid is made. Exemptions may be granted in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines. 2. Roof Mounted Community Solar Gardens and Solar Farms: Roof mounted community solar gardens and solar farms are permitted on flat roofs on principal structures in all zoning districts regardless of lot size, and must comply with the following requirements: a. All feeder lines and grid interties shall be placed underground between the solar energy system and the point where the interconnection to the electric grid is made. The collection system may be placed overhead near substations or points of interconnection to the electric grid. b. Roof-mounted systems shall comply with all building setbacks in the applicable zoning district and shall not extend beyond the exterior perimeter of the building on which the system is mounted. City of Cottage Grove, Minnesota Ordinance No. XXX Page 7 of 8 c. Roof-mounted solar energy systems must abut an existing electric distribution system for purposes of making the interconnection to the electric grid. d. Solar energy systems are allowed on flat roofs on accessory structures only in non- residential zoning districts. e. Solar collectors mounted on flat roofs on principal and accessory structures in non- residential zoning districts may be mounted at an angle, but no portion of the solar collector may extend more than five (5) feet above the surface of the flat roof. F. Decommissioning: A decommissioning plan shall be submitted with all applications for community solar gardens or solar farm systems. 1. Decommissioning plans shall outline the anticipated means and cost of removing the solar energy system at the end of its serviceable life or upon the discontinuation of its use. The cost estimates shall be made by a competent party, such as professional engineer, a contractor capable of decommissioning the system, 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 solar energy systems may rely on manufacturer's data to submit estimates. 2. Decommissioning of the system must occur within ninety (90) days from either of the following: a. The end of the system's service life; or b. The system becomes a discontinued use. 3. A system shall be considered a discontinued use after one year without energy production, unless a plan is developed during the year the system is discontinued and submitted to the zoning administrator outlining the steps and schedule for returning the system back into service. 4. The city may, at its discretion, require the owner and/or operator of the solar energy system to provide financial security in the form of a cash escrow, bond, or irrevocable letter of credit in an amount equal to one hundred twenty five percent (125%) of a cost estimate for decommissioning the system. 5. The owner of the property where a community solar garden or solar farm is located must notify the city in writing when feeder lines and/or grid interties are disconnected from the local utility transmission line. G. Abandonment: If a 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 its expense City of Cottage Grove, Minnesota Ordinance No. XXX Page 8 of 8 after a demolition permit has been obtained. Removal shall include removal of the entire solar energy systems, including all solar collectors, mounting structures, and related components. (Ord. 948, 10-7-2015) SECTION 3. 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: Ordinance XXX repeals and replaces the City Code provisions regulating solar energy systems. SECTION 4. EFFECTIVE DATE . This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 19th day of July, 2017. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk Published in the South Washington County Bulletin on \[Date\].