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HomeMy WebLinkAbout2016-328 Solar OrdinanceCity of Corcoran August 25,, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-328 Motion By: LaFave Seconded By: Keefe AN ORDINANCE AMENDING THE TEXT OF TITLE X OF THE CORCORAN CITY CODE, ENTITLED ZONING ORDINANCE THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. Section 1060 (Performance Standards) of Title X: Zoning Ordinance. The text of Title X: Zoning Ordinance of the Corcoran City Code is hereby amended by deleting the Q. t or il r%-.f- 1k, I material and adding the underlined material as follows: 1060.110 Solar Energy Systems Sub d. 1. Findings. The intent of this Section is to allow reasonable capture and use, by households, businesses, and property owners of their solar energy resource, and encourage the development of renewable energy businesses, consistent with community development standards. This is consistent with Chapter 4, Section 8 of the Corcoran 2030 Comprehensive Plan, which states that the "City of Corcoran will protect [solar] access by requiring minimum standards for lot sizes, amounts of open space, yard setbacks, and maximum heiLyht of buildings for urban residents that create the opportunity for all buildinLy owners to develop solar enery facilities if desired." The Lyeneral purpose of this subsection is to reLaulate the placement. construction and modification of solar energy systems in order to protect the health, safety and welfare of the public, while not unreasonably interfering with the development of the solar enerLyv systems in the City. SDecificallv. theDurDoses of this Ordinance are: A. To regulate the location of solar energy systems. B. To protect residential areas and land uses from potential adverse impacts of solar energy systems. C. To minimize adverse visual impacts of solar ener or systems and facilities through ,design, siting, landscaping, and screening_ D. To avoid adverse impacts to adjacent properties caused by solar energy systems by ensuring that those structures are soundly and carefully designed, constructed, modified, maintained and promptly removed when no longer used.. Page 1 of 8 City of Corcoran August 25., 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016-328 E. To ensure that solar energy systems are compatible with surrounding land uses. Subd. 2. Development of Solar Energy Systems. A. Solar Energy Systems shall be permitted in the City of Corcoran according to Table 1 of this section. District Application Special standards Required Building All Building Building-integrated Solar Energy Integrated SES Districts Permit Systems are subject to all required setback, land use, and performance standards for the district in which the building is located. Building or Roof All Certificate of Non-residential rooftop systems may Mounted SES Districts Compliance be pitched at an angle greater than and shall be screened from the adjacent public right-of-way and adjacent residential structures. Ground UR, RR Certificate of Panel coverage shall be subject to Mounted Solar Compliance Section 1030 " 020, Subd. 4, E., except Energy Systems for that the total footprint shall be Residential calculated as the area of the solar collector surface. Site Plan required for non- residential uses CUP as required by Section 1030.020. mm TI Page 2 of 8 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -328 August 25, 2016 Table 1 - Types of Solar Energy ystems TyT District Application Required Special standards Community Solar Gardens UR, RR Interim Use Permit, subject to the Placement of Community Solar D Gardens in the UR District shall be limited to parcels guided Light Industrial and identified for staging in standards of Section 1070.030 2015 and beyond by the Sewer Staffing Plan in the 2030 Comprehensive Plan. Interim Use Permits shall expire 30 years from the date of issuance. D Subd. 3. General Standards Solar energy systems shall conform to the following standards: 1. Buildine Permit. A buildinLy hermit shall be reauired for the erection of solar energysystem. Prior to the issuance of a building_ Permit, the operator must Provide evidence of an agreement with the local utility Off -grid systems less than 6 square feet in size, such as accent lighting systems, power supply for traffic control systems, powering a water Pump for water gardens, telecommunication systems, backup Power systems durinLJ Dower outaLies. and etc. shall be exempt from obtaining a building permit. 2. It shall be the responsibility of the property owner to secure any solar energy easements, if applicable, to protect solar access for the system (per MN Statute §500.30 as maybe amended). 3. SES Svstems shall comDly with all applicable buildinLi, electric. and plumbing codes. Solar energy system components shall be labeled with the manufacturers name and address, model number, and serial number. Electric solar system components that are connected to a building electric system must have an Underwriters Laboratory (UL) listing 4. Glare. All solar arrays or panels shall be installed or positioned so as not to cause any glare or reflective sunlight onto neighboring properties or Page 3 of 8 City of Corcoran County of Hennepin State of Minnesota August 25, 2016 ORDINANCE NO. 2016 -328 structures. If results of the Solar Glare Hazard Analysis Tool find any Potential for temporary after - image, anti - reflective coating or textured glass shall be used on panels. Panel positioning resulting in potential for permanent eye damage as measured by the Solar Glare Hazard Analysis Tool are not permitted. S. Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground, consistent with Section 945.060 (Other Utilities). of the City Code. Exemptions may be granted by the Zoning Administrator in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines. 6. Setbacks. Ground mounted solar energy systems and community solar must be located a minimum of 100 feet from a residential dwelling unit not located on the property. Ground mounted systems shall meet the minimum accessory building setback and community solar gardens shall meet the minimum principal building setback for the underlying zoning district. 7. Height. Ground mounted solar energy systems shall not exceed 12 feet. 8. Required landscapine. All community solar gardens and ground - mounted solar energy systems resulting in panel coverage of more than 100 square feet shall provide: a. A mix of pollinator and native groundcover mix beneath panel arrays, that provide native perennial vegetation and foraging habitat beneficial to gamebirds, songbirds, and pollinators and reduces stormwater runoff and erosion at the solar generation site, subject to the standards of Minnesota State Statutes §216B.1642. b. A mix of deciduous and evergreen trees and shrubs shall be provided around the perimeter of the solar energy system, and shall meet the following standards: L Plant material shall meet the minimum sizing requirements of Section 1060.070 Subd. 2 D (Landscaping, Minimum Size Requirementsl. ii. A minimum of one coniferous or shade tree per 15 lineal feet of security fence and one tall shrub or hedge material per 10 lineal feet of security fence shall be provided to buffer the solar energy system from adjacent properties and public rights -of -way. Page 4 of 8 City of Corcoran County of Hennepin State of Minnesota August 25, 2016 ORDINANCE NO. 2016 -328 :iii. Natural looking and effective screening is desired, consequently, exceptions to buffering standards may be granted if the natural landscape provides screening from adjacent public right of ways and neighboring properties. 9. Erosion and sediment control shall meet the requirements of Section 950 of the City Code. Subd. 4. Application Requirements A. Persons desiring to construct a solar energy system shall submit an application according to standards of the applicable required applications shown in Table 1 of Subd. 2 (A). Applicants shall also submit the following materials: a. Decommissioning Plan. A plan describing decommissioning shall include: L A cost estimate for decommissioning pared by a professional engineer, a contractor capable of decommissioning r a person with suitable expertise or experience with decommissioning. ii. The financial resources that will be available to pay for the decommissioning and removal of the system. iii. Means for safely disposing, re -using or recycling project components i iy. Means or restoring the site, removing gravel roads, fences and all solar garden equipment. b. Glare Study. The applicant shall submit a glare studies that analyze glare from the adjacent right of way and adjacent residential properties using the Solar Glare Hazard Analysis Tool from Sandia National Laboratories. Subd. 5. Decommissioning Required A. Decommissioning of Community Solar Garden Solar Energy Systems must be completed within one year from either of the followin a. The termination of the Interim Use Permit as defined by Section v 1070.030, Subd. 4. or b. The system becomes a discontinued use. Page 5of8 City of Corcoran August 25, 2016 County of Hennepin State of Minnesota ORDINANCE NO. 2016 -328 B. A system shall be considered a discontinued use after 12 consecutive months without energy production, unless a plan is developed, submitted to, and approved by the zoning administrator outlining the steps and schedule for returning the system to service. C. The city may at its discretion require the owner andJor operator of the commercial or utility scale system to i)rovide financial security in the form of a cash escrow, bond, or irrevocable letter of credit in an amount to be determined by Council. v D. The owner of a grid- intertie solar energy system must notify the city in writing when feeder lines and /or grid interties are disconnected from the local utility transmission line. Subd. 6. Home Owners Association All new residential developments may create provisions for solar use within the homeowners owners association documents. Subd. 7. Abandonment If the solar energv 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. Upon notice from the City, the owner shall remove the abandoned system at 0 0 owner's expense after a demolition permit has been obtained, and within 120 dam Removal includes the entire structure and components. SECTION 2. Amendments. Section 1020 (Definitions) of Title X: Zoning Ordinance. The text of Title X: Zoning Ordinance of the Corcoran City Code is hereby amended by deleting the ° +rte material and adding the underlined material as follows: SOLAR ENERGY SYSTEM RELATED: Building - integrated Solar Enerev Svstems - An active solar enerav system that is an integral part of a principal or accessory building, rather than a separate mechanical device, 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 roofing materials, siding, windows. skvlights. awninLis or within driveways and sidewalks. Community Solar Garden- A solar - electric (photovoltaic) array that -Drovides retail electric power (or a financial proxy for retail powerl to multiple community members or businesses residing or located off -site from the location Page 6 of 8 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016-328 August 25., 2016 of the solar energy system, consistent with Minn. Statutes U16B.1641, as may be amended. A community solar system may be either an accessory or a principal use and may be building integrated, roof mounted, or ground mounted. Grid-intertie Solar Energy System - A photovoltaic solar energy system that is connected to an electric circuit served by an electric utility company. Ground Mounted Solar Energy System - a solar enerp-v system that is structurally mounted to the ground, 2enerally u-Don a pole or rack mount and that is accessory to a principal use. A ground mounted system may be a fixed or tracking system. Off-grid Solar Energy System - 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. Photovoltaic System - A solar energy system that converts solar energy directly into electricity, Roof Mounted Solar Energy System - a solar energy system that is structurally mounted to the roof of a principal or accessory building. These systems are generally affixed with a racking system and may be flush or angled. Solar equipment which is mounted to a roof which is not flat, and which is visible from the nearest right -of -way, shall not have a finished Ditch more than five percent steeper than the roof. Solar Collector - A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Collector Surface - Any art 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 mountinLa hardware. Page 7 of 8 City of Corcoran County of Hennepin State of Minnesota ORDINANCE NO. 2016 -328 August 25, 2016 SECTION 3. Effective Date. This ordinance shall be in full force and effect upon its passage. VOTING AYE ❑ Guenthner, Ken ® Hank, Pat ® Keefe, Mike ® LaFave, Tonya ® Thomas, Ron VOTING NAY F-1 Guenthner, Ken El Hank, Pat ❑ Keefe, Mike ❑ LaFave, Tonya El Thomas, Ron Whereupon, said Ordinance is hereby declared adopted on this 25th day of August 2016. Ron Thomas — Acting Mayor ATTEST: City Seal Jessica Beise — City Clerk/Administrative Services Coordinator Page 8 of 8