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HomeMy WebLinkAbout2011-06-20 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION June 20, 2011 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. April 18, 2011 (Tabled from May Meeting) b. May 16, 2011 5. New Business a. National Pollutant Discharge Elimination System (NPDES) Permit Presentation b. Resolution of Appreciation for Commissioner Lynne 6. Unfinished Business a. Renewable Energy Ordinance 7. Visitor Presentations 8. Commission Presentations a. 2011 Working Group/Subcommittee Reports 1) Trash Hauling 2) Greenways 3) Neighborhood Environmental Groups 9. Staff Presentations a. Living Streets Task Force b. Environmental and Natural Resources Commission Vacancy c. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, April 18, 2011 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:20 p.m. by Vice Chair Edmundson. B. ROLL CALL Bill Schreiner, Chair Randee Edmundson, Vice Chair Judith Johannessen, Commissioner Carole Lynne, Commissioner Carol Mason Sherrill, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Absent Present Present Staff Present Shann Finwall, Environmental Planner Michael Thompson, Deputy Public Steve Kummer, Civil Engineer II Engineer C. APPROVAL OF AGENDA The following agenda by the commission: H.1. Emerald Ash Borer- Yingling H.2. C.E.R.T.S. Annual Spring Event - Commissioner Johannessen H.3. City Council Request for Additional ENR Commissioners - Commissioner Trippler Commissioner Trippler moved to approve the aQenda as amended. Seconded by Commissioner Yingling. Ayes - All The motion passed. D. APPROVAL OF MINUTES March 21, 2011: Commissioner Yingling had two corrections. On page 1, under Staff Roll Call it should say Ginny Gavnor rather than Ginny Yin!jlin!j. Item E.5.b. on page 2, it should say Ginny Gavnor rather than Ginny Yin!jlin!j. Commissioner Trippler would like the discussion during Visitor Presentations from Councilmember Nephew and Maplewood resident Dave Schelling summarized with what was said for the minutes. April 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 1 Commissioner Johannessen moved to approve the March 21, 2011, Environmental and Natural Resources Commission Meetinq Minutes as amended. Seconded by Commissioner Trippler. Ayes - All The motion passed. E. NEW BUSINESS 1. Maplewood Shoreland Wetland Regulations - Capstone Project Presentation a. Environmental Planner, Shann Finwall introduced the item. b. Jana Haedtke, Graduate Student, Environmental Management Student with University of Maryland addressed the commission and gave the Capstone project presentation. The Capstone Project was designed to research wetlands adjacent lakes in Maplewood, Minnesota, their current regulation, and their differences compared to freestanding wetlands in order to answer community and city concerns about the regulation of wetlands adjacent lakes separately from freestanding wetlands as part of the city's shoreland ordinance. The students have found that based on ecological, wildlife, and water quality aspects, wetlands adjacent lakes should be regulated just as strictly as frEi!~standing wetlands, as all the positive benefits of having a healthy ecological and wildlife syste!m and good water quality are the same for both types of wetlands, even though their funct!phs maypiffer. Based solely on social and economic aspects, particularly recreational use,;;111hd value, 1~;;1;;1 stringent buffer requirements would be justified. However, a decline in waterquaUW: ecology, and wildlife due to recreational uses and other human activities will greatly dimihisprecreational uses and value. If buffer widths and restrictions are reduced, the ecologyiWilpJ!fe, aMp water quality will be negatively impacted, which in turn, will decrease the quality of th~ w~tla,QPsand lakes and, along with it, the social, economic, and recreational use anQvll!ue. 1!nus, wetlands adjacent lakes should be regulated just as strictly as freestanding \I\(@tlandS! Ms. Finwall thanked the four graduate students for their great work on this Maplewood Shoreland Wetland Regulations Capstone Project. Ms. Haedtke thanked staff and the commission for the opportunity to work on this challenging project. 2. Western Hills Area Street Improvement Project a. Environmental Planner, Shann Finwall introduced the item. b. Civil Engineer, Steve Kummer gave the presentation and answered questions of the commission. Staff is proposing improvements to the "Jackson Hole" wetland buffer, located on a city-owned parcel on the northwest corner of the intersection of Jackson Street and Larpenteur Avenue within the Western Hills Area Street Improvement Project area. The city's wetland ordinance allows the city to vary from the wetland buffer for public improvements. The improvements must be reviewed by the Environmental and Natural Resources Commission, Planning Commission, and City Council. Jackson Hole is classified as a Manage B wetland not adjacent to a lake. The ordinance requires a 75-foot averaged buffer from the delineated line. To improve the current wetland area within the basin, staff is requesting the commission recommend an exemption to use the buffer for storm water improvements. April 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 2 Commissioner Trippler moved to recommend construction of public utilities and storm water improvements within the wetland buffer of the Jackson Hole basin and recommend this to the citv council. Seconded by Commissioner Yingling. Ayes - All The motion passed. 3. Living Street Policy a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and a power point presentation as well as answered questions of the commission. Maplewood's living street policy goals include: . Improve stormwater quality through expansion of the rain garden program, reducing the impervious footprint, and meeting or exceeding the 1" infiltration standard. . I mplement traffic calming measures through the use of techniques best suited for site conditions. . I mprove biking and walking conditions along natural connector routes and collector streets through designation of bike lanes, sidewalks, or multi-purpose trails. . Create boulevard tree standards that provide environmental benefits (stormwater management, shade to reduce heating and cooling posts, filtering air pollutants), enhance quality of life, and are practical and affordable. . Minimize construction costs while also ensuringfutureroeintenance and replacement costs are equal to or less than that of a standard street ;;1ection' Commissioner's Trippler and should be no parking on either side of concerns about the 22 foot wide streets. There the winter for snow removal. Commissioner Yingling asked some infiltration. Also, the work together within those of pervious pavement along the street so there is how bike trails and walking corridors link and Commissioner Trippler bikers to bike on the the city as possible. be more sidewalks for bikers. It is too dangerous for for walkers, kids, and bikers to have as many sidewalks in Vice Chair Edmundson asked about bike routes on a regional level and how the bike paths connect to ensure our residents can have less dependence on cars. The ENR commission supports the living streets policy. 4. Annual Report a. Environmental Planner, Shann Finwall gave the 2010 ENR Annual Report. Commissioner Trippler moved to approve the 2010 ENR Annual Report with one minor amendment. Seconded by Commissioner Yingling. Ayes - All F. UNFINISHED BUSINESS 1. 2011 Goals -Implementation Strategies a. Environmental Planner, Shann Finwall gave the report. April 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 3 Trash Hauling: It was determined that the Trash Hauling Subcommittee would be disbanded and three Commissioners would be appointed to serve on the new Trash Hauling Working Group (Commissioners Schreiner, Trippler, and Yingling). The Trash Hauling Working Group will conduct analysis and review of various collection systems and report their findings to the full City Council. Greenways: Implementation strategies to be discussed during the next meeting. Neighborhood Environmental Groups: Implementation strategies to be discussed during the next meeting. Commissioner Johannessen would be interested in being part of the Greenways subgroup. Vice Chair Edmundson was working with the Environmental Neighborhood Group and she is still interested in working in that group and doing some educational pieces. Commissioner Yingling said she has been working on the Greenways and she would like to continue on that group. Commissioner Yingling said she would tentatively work on the Trash Hauling group as well. Commissioner Trippler moved that the trash hauling suptcommittee be disbanded. And a new working group be formed to include Commissioner's1!rippler, Yingling, and Schreiner. Seconded by Commissioner Johannessen. Ayes - All The motion passed. The commission took a break from 9 p.m. at 9:05 p.m. 2. Chicken Ordinance a. Environmental gave the report on the Chicken Ordinance. Commissioner Trippler wanted to raise chickens they should buy a lot zoned as farm. There are hundreds are zoned farm in the City of Maplewood. Commissioner Trippler said the commission was concerned about the cost to run this program and he is concerned that it will be more expensive than the staff anticipated basing this off the cost of having a pet license. Vice Chair Edmundson said she likes the ordinance but wondered if the city should set the number of chickens allowed based on the square footage of the property. She knows some cities have chicken ordinances that are less restrictive and they have very few problems or concerns. Commissioner Yingling offered to assist staff with the ordinance. Staff said with assistance from Commissioner Yingling staff can bring this ordinance back to the ENR Commission in May. G. VISITOR PRESENTATIONS None. H. COMMISSION PRESENTATIONS 1. Emerald Ash Borer - April 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 4 Commissioner Yingling e-mailed a memo regarding background information on why the commission is recommending the city not use pesticides for Emerald Ash Borer. This is the memo proposed for the city council's review of the EAB policy in a week. . The commission members thanked Commissioner Yingling for her work on the Emerald Ash Borer Plan. This item will go to the city council workshop on Monday, May 9, 2001. 2. C.E.R.T.S. Annual Spring Networking Event- Commissioner Johannessen said the C.E.R.T.S. group is a gathering of partners and affiliates to promote saving energy with Green teams and green step programs. About 50 people from around the area came to the event to share ideas which was an excellent way of networking. The speaker Rick Carter, an architect spoke regarding his desire to develop a green building. He would like to come up with evaluation techniques, the short and long term effects and determining the outcomes and effects of building a green building. 3. City Council request for an additional ENR member - Commissioner Trippler said at times the coming and others might not be present need to consider changing the number of commission member. There are some have a lack of a quorum and delay commission in May. been short members. Summer is a quorum. The city council may members and add an additional up and it would be unfortunate to will look into this and report back to the Commissioner Trippler moved increased from seven to nine members. Seconded by Acting Chair Ayes - All The motion passed. I. STAFF 1. Spring Clean Up - April a. Environmental Planner, Shann Finwall said the Spring Clean Up is Saturday, April 30, 2011, from 8 - 1 p.m. at Aldrich Arena, 1850 White Bear Avenue. 2. Waterfest - May 2151 a. Environmental Planner, Shann Finwall said Waterfest is scheduled for Saturday, May 21, 2011, from 10 a.m. to 2 p.m. at Lake Phalen Park Pavilion in St. Paul. 3. Maplewood Nature Center Programs a. Environmental Planner, Shann Finwalllisted off programs offered at the Maplewood Nature Center. More information can be found on the city's website at ci.maplewood.mn.us/nc or you can call 651-249-2170 for further information. J. ADJOURNMENT Vice Chair Edmundson adjourned the meeting at 9:45 p.m. April 18, 2011 Environmental and Natural Resources Commission Meeting Minutes 5 Agenda Item 4.b. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, May 16, 2011 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Chair Schreiner. B. ROLL CALL Bill Schreiner, Chair Randee Edmundson, Vice Chair Judith Johannessen, Commissioner Carole Lynne, Commissioner Carol Mason Sherrill, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Present Absent Present Absent Present Absent Present Staff Present Shann Finwall, Environmental Planner C. APPROVAL OF AGENDA Councilmember Yingling Seconded by Ayes - All The motion passed. D. APPROVAL OF Commissioner Johannessen moved to table the April 18. 2011. Environmental and Natural Resources Commission minutes. Seconded by Commissioner Yingling. Ayes - All The motion passed. E. NEW BUSINESS 1. Maplewood Mall Stormwater Improvements a. Environmental Planner, Shann Finwall introduced the item. b. Ramsey-Washington Metro Watershed District Administrator, Cliff Aichinger, gave the presentation and answered questions of the commission. c. Assistant City Manager, Chuck Ahl addressed the commission. Mr. Aichinger stated that the Ramsey-Washington Metro Watershed District (RWMWD) has been collaborating with the City of Maplewood, Ramsey County and the owners of Maplewood Mall (Simon Properties), on a plan to provide for stormwater treatment and volume reduction (infiltration) for the reconstruction of County Road D and White Bear May 16, 2011 1 Environmental and Natural Resources Commission Meeting Minutes Avenue adjacent to the Mall. Since both roadways have very limited right-of-way and providing infiltration practices would be difficult, the District suggested that the City and County work with the District to retrofit portions of parking lots at Maplewood Mall to provide the required treatment. This discussion has led to a multi-year plan for retrofitting the parking areas at the mall with various BMPs (best management practices) to reduce the quantity of runoff and improve the quality of stormwater runoff leaving the site. The stormwater runoff from the mall area is tributary to Kohlman Creek and drains to Kohlman Lake. Kohlman Lake is an impaired water for excess nutrients (phosphorus - which leads to excessive algae blooms, reduced clarity, and water recreational impacts). The "impaired" status required the preparation of a Total Maximum Daily Load (TMDL) Study to identify the sources of phosphorus and to specify projects or programs that can reduce the phosphorus runoff and improve the lake. The TMDL Implementation Plan provides for a number of programs and projects to improve the lake over the next decade. One of the primary improvement activities is to reduce the volume of runoff reaching the lake. Therefore, the District is pursuing cost-effective retrofit projects such as the parking areas at Maplewood Mall to make these improvements. The commissioners reviewed the presentation and asked questions of Mr. Aichinger. Commissioner Johannessen asked who would be m,a,ihtaining the trees and rainwater gardens on the Mall property. Mr. Aichinger indi9~tepthat the Watershed District would be maintaining the trees and rainwater gardens? Mr. Ahl asked Mr. Aichinger how much coordination was required by the Watershed District, County, and City. Mr. Aichinger indicated that it took a great deal of coordination to make the project work. The City and the County contributed to the Watershed District's impact fund to assist in stormwater improvements for the roadwork on County Road D and White Bear Avenue. Commissioner Yingling asked if the Maplewood Mall stormwater improvements would get the Watershed District to their phosphorus reduction goals for Kohlman Lake. Mr. Aichinger stated that !t wcWj!d take approximate 300 to 400 rainwater gardens to reach the phosphorus reduction goal:1!he Maplewood Mall accounts for about 15 miles of roadway improvements and stormwater improvements. The Mall's stormwater improvements will help the Watershed District meet 20 to 30 percent of that goal. Commission Yingling asked if the Watershed District would be monitoring the rainwater gardens. Mr. Aichinger stated they will be monitoring and will be able to show the benefits of these improvements. Chair Schreiner asked Mr. Aichinger if there was anything that the city could do to encourage Sears to participate in the stormwater improvements on their portion of the Mall property. Mr. Aichinger indicated that the Sears' local management has been very good to work with, but the corporate headquarters with all of their attorneys are more difficult to maneuver. The Commission thanked Mr. Aichinger for this presentation. 2. Capital Improvement Plan a. Assistant City Manager, Chuck Ahl gave the presentation and answered questions of the commission. May 16,2011 Environmental and Natural Resources Commission Meeting Minutes 2 Commissioner Yingling inquired what the City noted that the fuel costs for the City will be increasing. She was wondering what the City will be doing in the future to conserve fuel. Mr. Ahl indicated that the City is having a fleet audit complete which will reflect areas the City can make improvements on conserving fuel. Chair Schreiner asked how many full time staff would be needed for the proposed fire station on the 3M property. Mr. Ahl indicated that the City would actually close three of its existing fire stations, and build one new station on the 3M property which would amount to operational cuts for the Fire Department. Commissioner Yingling moved to approve the Capital Improvement Plan for 2012-2016. Seconded by Commissioner Johannessen Ayes - All The motion passed. F. UNFINISHED BUSINESS 1. Chicken Ordinance a. Environmental Planner, Shann Finwall gave the Chair Schreiner inquired about requiring climate that a chicken coop be heated the City should a chicken coop. If the City is requiring chicken coops be hardwired. Environmental Planner indicated that just needs to be well insulated and requirement for a heater or a fan. in chicken coop without a heater; it ordinance could be changed to remove the Chair Schreiner asked about of a chicken coop. Environmental Planner in a workmanship type manner. be added to require that a chicken coop be built Commissioner Yingling moved to aPprove the chicken ordinance with the addition of chicken coops beinq built and kept iha workmanship manner. Seconded by Commissioner Mason Sherrill. Ayes - Commissioner's Johannessen, Mason Sherrill & Yingling Nav - Chairperson Schreiner The motion passed. 2. 2011 Goal Implementation Strategies a. Environmental Planner, Shann Finwall gave a brief report on the three items. The Commission decided to continue the Trash Hauling goal through the work of the Trash Hauling Working Group which is made up of two City Councilmembers and three ENR Commissioners (Trippler, Yingling, Schreiner). The Greenway subcommittee will be made up of Commissioners Yingling and Trippler. The Environmental Neighborhood Subcommittee will be made up of Commissioners Edmundson, Johannessen, and Mason Sherrill. i. Trash Hauling ii. Greenways iii. Environmental Neighborhood Groups May 16,2011 Environmental and Natural Resources Commission Meeting Minutes 3 G. VISITOR PRESENTATIONS 1. Ron Cockriel, 943 Century Avenue, addressed the Commission about the fact that he used to raise chickens at his residence. 2. Mayor Rossbach addressed the Commission and expressed some concern over how long it took for the ENR Commission and Planning Commission to review and make a recommendation on the chicken ordinance. He is looking forward to the City Council's review of the ordinance in the near future. Mayor Rossbach stated that he has been asked by the Rotary Club for possible funding opportunities in the City for their organization. Mayor Rossbach is asking all boards and commission for any ideas they would have on funding. The Commission suggested the city's tree planting program, Nature Center programming, educational signage for recycling in the parks, and educational signage for no smoking in the parks. H. COMMISSION PRESENTATIONS None. I. STAFF PRESENTATIONS 1. Gervais Lake Vegetation Management Plan Environmental Planner, Shann Finwall gave a brief report Gervais Lake Vegetation Management Plan. Ms. Finwall stated that goals of the plan to identify strategies to restore or enhance lake shore habitat (i.e. lake shore restoration, mitigating source pollution through working with the watershed district, etc.); reduce the levels of silt and nutrients within and entering the lake through activities such as identification and mitigation of stormwater run-off sources; maintain or increase abundance and distribution of native submersed aquatic plants throughout the growing season; and build in flexibility to address invasive aquatic plants Eurasian watermilfoil and curlyleaf pondweed if they become a problem. 2. Living Streets Task Force Environmental Planner, ShaQp FiPWall asked for a volunteer to serve on the Living Streets Task Force. Since there was not aqgorum of the Commissioners, Ms. Finwall indicated she would e- mail that request to all Commissioners separately. 3. ENR Commission Annual Report Update Environmental Planner, Shann Finwall stated that the ENR Commission's Annual Report was accepted by the City Council on May 9, 2011. 4. ENR Commission Membership Environmental Planner, Shann Finwall stated that the City has received a resignation from Commissioner Carole Lynne from the ENR Commission. The vacancy will be posted with interviews conducted by the City Council later this summer. There are also two existing Commission positions which will expire on September 30, 2011 - Chair Schreiner and Commissioner Johannessen. 5. Waterfest - May 21, 2011 Environmental Planner, Shann Finwall gave the report on Waterfest Saturday, May 21, 2011, from 10:00 a.m. to 2:00 p.m. at Lake Phalen Park. May 16,2011 Environmental and Natural Resources Commission Meeting Minutes 4 6. Maplewood Nature Center Programs Environmental Planner, Shann Finwall gave the report on upcoming programs held at the Maplewood Nature Center. You can call 651-249-2170 for more information on these programs. J. ADJOURNMENT Chair Schreiner adjourned the meeting at 9:10 p.m. May 16,2011 Environmental and Natural Resources Commission Meeting Minutes 5 Agenda Item 5.a. ENVIRONMENT AND NATURAL RESOURCES COMMISSION AGENDA REPORT TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Steve Kummer, Civil Engineer II NPDES Phase II and MS4 Permit, Annual Report June 13,2011 for the June 20 ENR Commission Meeting INTRODUCTION As part of Maplewood's National Pollutant Discharge Elimination System permit, the City is required to prepare an annual report detailing the progress made in the previous year toward satisfying the requirements of the permit. Part of this process is soliciting public comment. A minimum 30-day comment period and formal public hearing is required as part of updating the permit. The Council will hold a public hearing for the City's permit at their June 27, 2011, City Council meeting. BACKGROUND A 1987 amendment to the federal Clean Water Act required implementation of a two-phase comprehensive national program to address pollution from stormwater runoff. This program was named the National Pollutant Discharge Elimination System (NPDES). Since 1991, NPDES Phase I regulated cities with populations of 100,000 or more. NPDES Phase II took effect in 2003, regulating cities with populations of 10,000 or more. Maplewood was among a group of approximately 220 cities in Minnesota affected by NPDES Phase II. The State of Minnesota regulates the disposal of stormwater by a State Disposal System (SDS) permit. The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS permits in Minnesota. In turn, the MPCA regulates cities and other public entities through its Municipal Separate Storm Sewer System (MS4) permit. In 2006, the city submitted its permit application to the MPCA. The permit cycle runs five years with the next issuance of the permit scheduled for January 2012. The permit application requires the City to develop a Storm Water Pollution Prevision Plan (SWPPP). The MPCA has established six minimum control measures the SWPPP must address. They are: Public Education and Outreach Public Participation and Involvement Illicit Discharge, Detection and Elimination Construction Site Storm Water Runoff Control Post-Construction Storm Water Management Pollution Prevention and Good Housekeeping Maplewood's SWPPP defines the Best Management Practices (BMPs) the City intends to use to minimize pollution from stormwater runoff for each of the six minimum control measures. DISCUSSION The City's SWPPP has been available for public viewing at the Public Works Department and is also posted on the City's website under the Stormwater page (www.ci.maplewood.mn.us/stormwater). An advertisement for the public hearing and the plan viewing was first posted on May 25, 2011 in anticipation of the 30-day public comment period. Thus far, the City has received one comment from a resident of the City of North Saint Paul, John Schmall" who owns property abutting Casey Lake. The question was regarding the ownership and maintenance of an outlet control structure from a connecting wetland. Staff has prepared a draft of the City's annual report, will make a short presentation on the SWPPP, and will report on progress made toward the permit goals in 2010. The City Council will hold a formal public hearing on the plan. However, the Environmental and Natural Resources Commission has the option of opening the floor to public comment regarding the permit and draft annual report. When comments have been received, staff will address those comments, incorporate the comments and then finalize the report for submittal to the MPCA by June 30, 2011. RECOMMENDATION Staff recommends that following the presentation on the City's SWPPP and NPDES permit annual report that the Commission discuss and give feedback prior to City Council review of the report on June 28, 2011. When all public comments have been addressed and incorporated into the report, the report will be finalized. At that point, the report and executive summary will be submitted to MPCA. References 1. Full MaplelMlod SWPPP, \MN\N.ci.maplewood.mn.uslstormwater 2 Agenda Item S.b. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Resolution of Appreciation for Carole Lynne June 16, 2011 for the June 20 ENR Commission Meeting INTRODUCTION Attached is a resolution of appreciation for Carole Lynne. Ms. Lynne served as a Commissioner on the Environmental and Natural Resources (ENR) Commission for 4 years and 5 months, from November 27, 2006 until May 6, 2011; and she served on the ENR Committee for two years prior to her Commission appointment. Commissioner Lynne has been on a leave of absence from the Commission since October 2010 for personal reasons which caused her to resign on May 6, 2011. RECOMMENDATION Recommend approval of the attached resolution of appreciation for Carole Lynne. Attachment: Resolution of Appreciation RESOLUTION OF APPRECIATION WHEREAS, Carole Lynne has been a member of the Maplewood Environmental and Natural Resources Commission for four years andfive months, November 27, 2006 to May 6, 2011; and served on the Environmental and Natural Resources Committee for two years prior to her appointment to the Commission. Ms. Lynne has servedfaithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Lynne has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Lynne has shown dedication to her duties and has consistently contributed her leadership and effortfor the benefIt of the City. NOW, THEREFORE, IT IS HEREBY RESOL VED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Carole Lynne is hereby extended our gratitude and appreciation for her dedicated serVIce. Passed by the Maplewood City Council on July 11,2011. Will Rossbach, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on June 20,2011. Bill Schreiner, Chairperson Attest: Karen Guilfoile, City Clerk Agenda Item 6.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Renewable Energy Ordinance June 16,2011 for the June 20 ENR Commission Meeting INTRODUCTION The city adopted an energy efficiency and conservation strategy in December 2009. The strategy was required as part of the city's energy efficiency conservation block grant. One purpose for the strategy is to help establish policies and priorities to move Maplewood in the direction of improved long-term operational energy efficiency. I mplementation of the strategy includes the adoption of energy policies that will ensure achievement of the city's energy goals. The renewable energy ordinance, which will assist in the promotion of renewable energy sources throughout the city, will help Maplewood meet that goal. BACKGROUND The Environmental and Natural Resources (ENR) Commission recommended approval of the renewable energy ordinance on December 9, 2010. In January and February 2011, the Planning Commission began review of the renewable energy ordinance (Attachment 1 and 2). On March 7, 2011, the City Council held a workshop to review the draft renewable energy ordinance (Attachment 3). Following is a summary of the comments and recommendations from the City Council during the workshop: 1. The ordinance should promote wind turbines in residential zoning districts. 2. To address concerns about residential wind turbines, the ordinance could require a neighborhood petition. 3. How does the ordinance address solar panels that are mounted on the side of a building? 4. The ordinance should allow wind turbines in a planned unit developments and multiple dwelling zoning districts to promote shared wind energy projects. 5. Review the definition of solar energy system - it could be describing a window. 6. Why does the ordinance prohibit the removal of significant trees with the installation of a wind turbine? The city's tree preservation ordinance should cover this type of construction project, just as it does with any other project. 7. The ordinance will help promote renewable energy sources in the city. However, the city shouldn't spend too much time on the ordinance, particularly the wind section because there is limited wind capacity in the city. What the city really needs are incentives to encourage renewable energy. April 19, 2011, the Planning Commission held its final review of the renewable energy ordinance. Due to concerns about wind turbines in residential areas, the Planning Commission ultimately recommended approval of the ordinance with the requirement that ground and roof mounted wind turbines be prohibited residential zoning districts (Attachment 4). DISCUSSION Ordinance Review For review, following is a brief summary of the regulations proposed by the ENR Commission for wind, solar, and geothermal energy in the renewable energy ordinance: Wind Large Wind Energy Conversion System (WECS): Definition: Large WECS - A WECS of equal to or greater than 100 kW in total nameplate generating capacity. These are commercial grade wind turbines. The energy must be used on- site with excess energy distributed into the electrical grid. Location: Allowed with a conditional use permit in the following zoning districts: commercial, multiple dwelling residential, planned unit developments, or properties guided as government or institution in the city's land use designations. Height: Ground mounted - 125 feet, as measured from ground grade to the blade tip at its highest point of travel. Roof mounted - 25 feet, as measured from the top of the roof to the blade tip at its highest point of travel. For residentially installed small roof mounted WECS, the height of the WECS and the structure on which it is attached must not exceed the maximum height allowed in the residential zoning district for which it is installed. Number: Ground mounted - 1 on a single lot of 1 to 5 acres; 1 per 5 acres of land area thereafter. Roof mounted - number approved through the conditional use permit process. Placement: Ground mounted - Must be located entirely in the rear or side yard, have a minimum setback distance of 1-1/2 times the height from any property line, have a minimum setback distance of 600 feet from any property guided as park or open space in the city's land use designations, and have a minimum setback distance of Y. mile from any bluff. Roof mounted - Must be erected on the roof of a building or structure. Small Wind Energy Conversion Systems (WECS): Definition: Small WECS - A WECS of less than 100kW in total nameplate generating capacity. These are residential grade wind turbines. The energy must be used on-site with excess energy distributed into the electrical grid. Location: A permitted use in any zoning district. Height: Ground mounted - 60 feet, as measured from the ground grade to the top of the blade tip at its highest point of travel. Roof mounted - not to exceed the maximum height in any zoning district. 2 Number: Ground mounted - 1 on any single lot. Roof mounted - 3 on any rooftop. Placement: Ground mounted - Be located entirely in the rear or side yard, have a minimum setback distance of 1-1/2 times the height from any property line, have a minimum setback distance of 600 feet from any property guided as park or open space in the city's land use designations, and have a minimum setback distance of Y. mile from any bluff. Roof mounted- Be erected on the roof of a building or structure. Solar Definition: Solar Energy System (SES) - A device which provides for the collection storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. The energy must be used on site with excess energy distributed into the electrical grid. Location: A permitted use in any zoning district. Height: Ground mounted - 10 feet. Building or roof mounted - not to exceed the maximum height in any zoning district. Coverage: Ground mounted - not to exceed the area restrictions placed on accessory structures within the subject district. Placement: Ground mounted - setback the required distance of an accessory structure in the zoning district in which it is installed. Building or roof mounted - not to extend beyond the exterior perimeter of the building. Geothermal Definition: Ground Source eat Bmp System (GSB) - A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe coils or plates and fluid that absorb and transfers heat and a heat pump unit that processes heat for use or disperses heat for cooling and an air distribution system. The energy must be used on site. Location: A permitted use in any zoning district Placement: Setback at least 5 feet from interior and rear lot lines. GSHPS can be located within stormwater ponds. RECOMMENDATION The ENR Commission should review the City Council comments and Planning Commission recommendations which include the Planning Commission's recommendation to prohibit all wind turbines in residential zoning districts (draft ordinance with changes noted attached - Attachment 1). The Commission should make a final recommendation on the renewable energy ordinance for review during a City Council meeting, tentatively scheduled for July 25, 2011. Attachment: 1. January 2011 Planning Commission Minutes (Partial Minutes) 2. February 2011 Planning Commission Minutes (Partial Minutes) 3. March 2011 City Council Workshop Minutes (Partial Minutes) 4. April 2011 Planning Commission Minutes (Partial Minutes) 5. Draft Renewable Energy Ordinance 3 Attachment 1 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 18, 2011 (PARTIAL MINUTES) 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Chairperson Fischer. 2. ROLL CALL AI Bierbaum, Commissioner Joseph Boeser, Commissioner Tushar Desai,Commissioner Lorraine Fischer, Chairperson Robert Martin, Commissioner Tanya Nuss, Commissioner Gary Pearson, Commissioner Dale Trippler, Commissioner Jeremy Yarwood, Commissioner Present Present Absent Present Absent Absent Present Present Present Staff Present: Tom Ekstrand, Senior Planner Shann Finwall, Environmental Planner 6. NEW BUSINESS a. Renewable Energy Ordinance i. Environmental Planner, Shann Finwall gave the Renewable Energy Ordinance report and answered questions of the commission. ii. ENR Commissioner, Ginny Yingling answered questions of the commission. Planner Finwall gave an introduction of the renewable energy ordinance. The Environmental and Natural Resources Commission reviewed the ordinance during several meetings in 2010 and recommended approval of the ordinance in December 2010. The ordinance will help the city promote and regulate renewable energy sources including wind, solar, and geothermal. This is the first time the planning commission will review the ordinance. Because of the detail involved, staff is hoping to touch on the highlights and gain initial feedback on the ordinance during this meeting. Questions and items discussed by the planning commission in regard to the ordinance include: . Roof mounted turbine heights. . City liability issues for turbines that fall over. . Aesthetics of turbines. . Ice throws from turbines. . How will the city enforce the noise ordinance with wind turbines? . Turbines will require large equipment to maintain. Is this appropriate in residential areas? January 18, 2011 1 Planning Commission Meeting Minutes . Allowing wind turbines in residential areas does not seem like an acceptable use. There are too many nuisance issues that could result from this. . Turbines in planned unit developments. Planner Finwall summarized that the planning commission's main concern with the proposed ordinance which had to do with allowing wind turbines in residential districts. During the next planning commission review of the ordinance, staff will discuss this issue further including requiring certain lot sizes, increased setbacks, or neighborhood approval. January 18, 2011 Planning Commission Meeting Minutes 2 Attachment 2 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 15, 2011 (Partial Minutes) 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Chairperson Fischer. 2. ROLL CALL AI Bierbaum, Commissioner Joseph Boeser, Commissioner Tushar Desai,Commissioner Lorraine Fischer, Chairperson Robert Martin, Commissioner Tanya Nuss, Commissioner Gary Pearson, Commissioner Dale Trippler, Commissioner Jeremy Yarwood, Commissioner Present Present at 7:08 p.m. Present Present Present Present Present Present Present Staff Present: Tom Ekstrand, Senior Planner Shann Finwall, Environmental Planner 3. Renewable Energy Ordinance Environmental Planner, Shann Finwall gave the report on the renewable energy ordinance. During this month's review of the ordinance staff requested that the planning commission discuss whether or not the city should allow wind turbines in residential districts. Commission comments included: Several commissioners commented that a conditional use permit should be required for wind turbines in residential zoning district. Include a maximum blade length for wind turbines. How are the wind turbines going to be monitored as far as upkeep and possible abandonment issues? Limit the kilowatt use of wind turbines for residential homes to 2Skw. The City of Maplewood should be on the front end of the curve rather than the back end of the curve. How can we protect our homes and the impact these turbines would have on the neighborhoods. February 15, 2011 Planning Commission Meeting Minutes 1 The city does not have to allow wind turbines in Maplewood. These turbines generate noise, the units throw ice in the winter, and it will be difficult to ensure they are maintained properly. In Maplewood there is not very good wind coverage, unless you live on a hill. One commissioner commented that he can't support large WECS in planned unit developments. The large wind turbine systems don't have a place in residential or multi-family districts. Roof mounted wind turbines should be allowed to be mounted on the side of a wall also. This renewable energy ordinance will go to the city council for their first review during a workshop on March 7, 2011. February 15, 2011 Planning Commission Meeting Minutes 2 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 p.m., Monday, March 7, 2011 Council Chambers, City Hall (Partial Minutes) A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:15 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor I(thleen Juenemann, Councilmember Marvin Kppen, Councilmember James Llanas, Councilmember John Nephew, Councilmember Present Present Present Present until 6:45 p.m. Present C. APPROVAL OF AGENDA Mayor Rossbach requested that the agenda items be renumbered after adding a new Dl. Discussion of ltitor Presentations. Councilmember Nephew moved to approve the aqenda as amended. Seconded by Councilmember Kppen. Ayes - All The motion passed. D. UNFINISHED BUSINESS 1. Renewable Energy Ordinance Update a. Environmental Planner, Shann Finwall gave the update report on the Renewable Energy Ordinance and answered questions of the council. b. Assistant Building Official, Nick Carver answered questions of the council. c. Environmental and Natural Resources Commission Member, Carol Mason Sherrill addressed the council. d. City Manager, James Antonen answered questions of the council. E. NEW BUSINESS None. F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 7:39 p.m. March 7, 2011 City Council Manager Workshop Minutes 1 Attachment 4 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1ICOUNTY ROAD B EAST,MAPLEWOOD,MINNESOTA TUESDAY,APRIL 1111 (Partial Minutes) 1. CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Chairperson Fischer. 2 ROLL CALL AI Bierbaum, Commissioner Joseph Boeser, Commissioner Tushar Desai,Commissioner Lorraine Fischer, Chairperson Robert Martin, Commissioner Tanya Nuss, Commissioner Gary Pearson, Commissioner Dale Trippler, Commissioner Jeremy Yarwood, Commissioner Present Present Present Present Present Present Present Present Present StafPreent: Tom Ekstrand, Senior Planner Shann Finwall, Environmental Planner 3 Renewable Energy Ordinance Environmental Planner, Shann Finwall gave the report on Renewable Energy Ordinance and answered questions of the commission. Commissioners recommended various changes or clarifications for staff to make to the renewable energy ordinance. Here were some of the commissioner's comments: 1. The city should allow wind turbines on residential lots of S acres or more. But it would be better if the city just prohibited them altogether. 2. Where should the city measure the setback, from the blade or the pole? 3. The city should prohibit wind turbines in residential zoning districts. 4. The city should prohibit wind turbines in PUD and multi-family zoning districts. S. The city should ensure there is fencing around the base of large wind turbines. 6. Why would the city require a wind turbine be 7S0 feet from a building? Change that to 1.1 times the height. 7. How will the city enforce abandonment of wind turbines? Commissioner Martin moved to prohibit wind turbines in residential zoned areas of the city. Seconded by Commissioner Nuss. After further discussion amongst the commission, Commissioner Nuss removed her second to the motion. The motion failed for lack of a second. April 19, 2011 Planning Commission Meeting Minutes 1 Commissioner Boeser moved to prohibit all wind enerqv turbines in the Citv of Maplewood . Anv existinq wind enerqv turbines that are currentlv erected shall be qrandfathered in. And he recommended strikinq the section in the enerqv section of the wind enerqv turbines. Seconded by Commissioner Yarwood. Ayes - Commissioner's Bierbaum, Boeser, Martin, & Yarwood Nav - Chairperson Fischer, Commissioner's Desai, Nuss, Pearson & Trippler The motion failed. Commissioner Boeser moved to approve the renewable enerqy ordinance with the noted chanqes as it relates to the wind enerqy turbine section of the ordinance. The motion is to allow wind enerqy turbines in properties zoned commercial or industrial only subiect to CUP approval. Seconded by Commissioner Yarwood. Ayes - Chairperson Fischer, Commissioner's Bierbaum, Boeser, Desai, Martin, Nuss, Pearson, Yarwood, Nay - Commissioner Trippler The motion passed. The Renewable Energy Ordinance will go back to the ENR Commission for final review and then onto the city council later this summer. April 19, 2011 Planning Commission Meeting Minutes 2 Attachment S ORDINANCE NO. XXX DRAFT 9 (June 20, 2011) AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING RENEWABLE ENERGY SYSTEMS (Wind, Solar, Geothermal) Chanqes proposed by the Planninq Commission durinq their reviews in January, February, and April are underlined if added and stricken if deleted. Chanqes proposed bV the Citv Council durinq their review in March are in italics and underlined if added and stricken if deleted. The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance creates a new renewable energy ordinance which will be placed in the Environment Chapter (Chapter 18) of the city code. Section 1. Scope. This ordinance applies to the regulations of on-site renewable energy systems within the City of Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines, solar photovoltaic systems, and geothermal ground-source heat pumps which are located on the site for which the generation of energy will be used, with excess energy distributed into the electrical grid. Section 2. Purpose and Intent. It is the goal of the city to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. Cities are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of "promoting the health, safety, morals, and general welfare of the community." As part of this regulatory power, Maplewood believes it is in the public interest to encourage renewable energy systems that have a positive impact in energy conservation, with limited adverse impact on the community. While Maplewood strongly encourages increased energy conservation and improved energy efficiency, the city also finds that increased use of appropriate renewable energy systems will be an important part of improving urban sustainability. The renewable energy regulations are intended to supplement existing zoning ordinances and land use practices, and ensure these systems are appropriately designed, sited and installed. These regulations are in place to balance the need to improve energy sustainability through increased use of renewable energy systems with concerns for preservation of public health, welfare, and safety, as well as environmental quality, visual and aesthetic values, and existing neighborhood social and ecological stability. With these regulations, Maplewood is concerned that renewable energy systems, particularly wind energy systems, be designed to minimize the negative impacts on bird and bat species which are vulnerable to mortality from these energy gathering machines. 1 Section 3. Wind Energy Sources and Systems a. Definitions, Wind Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Feeder Line. Any power line that carries electrical power from one or more wind turbines or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. Front Yard. A front yard is any part of a yard located between a structure and a street right-of-way line. A corner lot shall have a front yard on each street frontage. Ground mounted WECS. Freestanding WECS mounted to the ground with footings or other apparatus. Large WECS. A WECS of equal to or greater than 100 kW in total nameplate generating capacity. The energy must be used on-site with excess energy distributed into the electrical grid. Property Line. The boundary line of the area over which the entity applying for WECS permit has legal control for the purposes of installation of a WECS. This control may be attained through fee title ownership, easement, or other appropriate contractual relationship between the project developer and landowner. Rear Yard. A rear yard is the yard that is opposite and most parallel to the front yard. Roof Mounted WECS. A WECS utilizing a turbine mounted to the roof of a structure. Side Yard. A side yard is any yard between any part of a structure and the side property line. Significant Tree. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferouslevergreen trees, twelve (12) inches diameter for softwood deciduous tree, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or others noxious woody plants as determined by the city not considered a significant tree species at any diameter. Small WECS. A WECS of less than 100kW in total nameplate generating capacity. The energy must be used on-site with excess energy distributed into the electrical grid Tower. Vertical structures that support the electrical generator, rotor, and blades, or the meteorological equipment. Tower Height. The total height of the WECS, including tower, rotor, and blade to its highest point of travel. 2 Wind Energy. Kinetic energy present in wind motion that can be converted into electrical energy. WECS. A Wind Energy Conversion System which is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to, power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy must be used on- site with excess energy distributed into the electrical grid. Wind Energy System. An electrical generating facility that consists of a wind turbine associated controls and may include a tower. Wind Turbine. A wind turbine is any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. Zoning Official. Zoning official is any person designated by the city manager to administer and enforce the city's zoning code. b. WECS Districts 1. Large WECS Districts. (a) Ground and Roof Mounted Large WECS shall be allowed with approval of a conditional use permit in the following zoning districts and land use designations: (1) In all properties located in commercial zoning districts (Heavy Manufacturing, Light Manufacturing, Business Commercial, Business Commercial Modified, Limited Business Commercial, Commercial Office, Neighborhood Commercial, Shopping Center). (2) In alll3rel'lertieE: leGatee in mllltil3le ewellin!j reE:ieential zenin!j eiE:triGtE: (Mllltil3le Dwellin!j ReE:ieential ane Mllltil3le Dwellin!j ReE:ieential TewnhellE:e) fer I3llrl3eE:eE: ef E:haree WEe:;; ener!jY I3reellGtien amen!j the reE:ieential ewellin!jllnitE:. (3L In all properties approved as a business planned unit development for purposes of shared WECS energy production among the businesseslorganizations onlv. reE:ieential ewellin!jllnilE:, er aejeinin!j ellE:ineE:E:eE:!er!janizatienE:!reE:ieential ewellin!jllnilE:. (4) In all properties guided as Government or Institutional in the city's Land Use Designations of the Comprehensive Plan. (b) Ground and Roof Mounted Large WECS shall be prohibited in all properties guided as park or open space in the city's Land Use Designations of the Comprehensive Plan. (c) Ground and Roof Mounted LarQe WECS shall be prohibited in all properties zoned as residential. 3 2. Small WECS Districts. (a) Roof and Ground Mounted Small WCES shall be deemed an accessory structure, permissible in all the followina zoning districts and land use desianations: (1) In all properties located in commercial zoning districts (Heavy Manufacturing, Light Manufacturing, Business Commercial, Business Commercial Modified, Limited Business Commercial, Commercial Office, Neighborhood Commercial, Shopping Center). (2) In alll3rel'lertieE: leGatee in mllltil3le ewellin!j reE:ieential zenin!j eistriets (Mllltil3le Dwellin!j Resieential ane Mllltil3le Dwellin!j ReE:ieential TewnhellE:e) fer I3llrl3eE:eE: ef E:haree WEe:;; ener!jY I3reellGtien amen!j the reE:ieential ewellin!jllnitE:. (3) I n all properties approved as a business planned unit development for purposes of shared WECS energy production among the businesseslorganizations only. reE:ieential ewellin!jllnilE:, er aejeinin!j ellE:ineE:E:eE:!er!janizatienE:/reE:ieential ewellin!jllnilE:. (4) In all properties guided as Government or Institutional in the city's Land Use Designations of the Comprehensive Plan. (5) I n all properties guided as park in the city's Land Use Designations of the Comprehensive Plan. (d) Ground and Roof Mounted Small WECS shall be prohibited in all properties zoned as residential. CITY COUNCIL COMMENT: Allow roof mounted WECS as a permitted use in residential zonina districts. Allow around mounted WECS in residential zonina districts with neiahborhood consent as follows: Ground Mounted Small WCES shall be deemed an accessory structure. permissible in double or sinale dwellina residential zonina districts if the followina neiahborhood consent reauirements are met: The applicant for a around mounted small WCES must obtain written consent of seventy-five (75) percent of the owners or occupants of real estate located within double or sinale dwellina residential zonina districts located within one hundred fifty (150) feet of the outer boundaries of the premises for which the around mounted small WCES is beina installed. Consent is also reauired where a street separates the premises for which the around mounted WCES is beina reauested from other neiahborina property if it meets the distance reauirements specified above. Such written consent shall be reauired on the initial application onlv. 4 c. Placement and Design 1. Ground Mounted WECS. (a) Height (1) Large WECS shall have a total height, including tower and blade to its highest point of travel, of no more than one-hundred twenty five (125) feet. (2) Small WECS shall have a total height, including tower and blade to its highest point of travel, of no more than sixty (60) feet. (b) Placement (1) Be located entirely in the rear or side yard (not including side yards on corner properties where the side yard is adjacent a street). (2) Have a minimum setback distance from the base of the monopole of one and one-half (1 11,) times the height from any property line, public right-of-way, electric substation, transmission line, dwelling, or other WECS. (3) Have a minimum setback distance from the base of the monopole of six hundred (600) feet from any property guided as park or open space in the city's Land Use Designations of the Comprehensive Plan. (4) Have a minimum setback distance from the base of the monopole of one-fourth (X) mile or one thousand three hundred and twenty (1,320) feet from any bluff. (5) Larqe WECS onlv - Have a minimum setback distance from the base of the monopole of one and one-half (1 11,) times the heiqht from anv buildinq. (c) Number (1) Large WECS. One (1) large WECS shall be allowed on a single lot of one (1) to five (5) acre(s). All other larger parcels will be limited to one (1) large WECS per five (5) acres of land area. (2) Small WECS. One (1) small WECS shall be allowed on a sinqle lot of one (1) to five (5) acre(s). All other larQer parcels will be limited to one (1) small WECS per five (5) acres of land area. (d) Design (1) Tower Configuration. All ground mounted WECS shall: 5 a) Be installed with a tubular, monopole type tower. b) Have no guyed wires attached to the tower or other components. c) Have no ladder, step bolts, rungs, or other features used for tower access to extend within eight (8) feet of the ground. Lattice-style towers shall have a protective barrier to prevent unauthorized access to the lower eight (8) feet of the tower. (2) Signs. A WECS operator is required to provide a single posting, not to exceed four (4) square feet, at the base of a WECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator. 2. Roof Mounted WECS. a. Height Large roof mounted WECS shall have a total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. Small roof mounted WECS: 1) All small roof mounted WECS: Shall have a total height of not more than twenty-five (25) feet, measured from the top of the roof to the blade tip at its highest point of travel. 2) ReE:ieentiallnE:tallatien: In aeeitien te the twenty five (2(3) feet hei!jht reE:trictien fer the E:mall reef mellntee '.^fEeS, the hei!jht ef the 'NECS ane the strllstllre en whish it is attashee mllst net exceee the maximllm hei!jht allewee in the reE:ieential zenin!j eiE:trict fer which it iE: inE:tallee. b. Placement Roof mounted WECS must be erected _ above the roof of a building or structure. The mounts associated with the WECS mav extend onto the side of the buildinq or structure. c. Number (1) Large Roof Mounted WECS. The maximum number of Large Roof Mounted WECS shall be approved through the conditional use permit process. (2) Small Roof Mounted WECS. No more than three (3) roof mounted Small WECS shall be installed on any rooftop. 6 d. General Standards The following provisions will apply to all WECS erected under the provisions of this ordinance: 1. Noise: Have a maximum noise production rating of fifty-five (55) dB fifty (50) dBA and shall conform to this standard under normal operating conditions as measured at any property line. 2. Color: Be white, light gray, or a neutral tone which is shown to protect birds and bats and all surface finishing shall be non-reflective. 3. Over Speed Controls: Shall be equipped with manual and automatic over speed controls to limit the blade rotation within design specifications. 4. Lighting: Have no installed or accessory lighting, unless required by federal or state regulations. 5. Intent to Install: Prior to the installation or erection of a WECS, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. 6. Signs: The placement of all other signs, postings, or advertisements shall be prohibited on the units. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels. +. Remo'.'{ll of Trees: No significant trees shall l3e remo','es \'lfth the installation of I<'lECS. zg. Commercial Installations: All WECS shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total on-site demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. ~9. Feeder Lines: Any lines accompanying a WECS, other than those contained within the WECS' tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a WECS can be attached. 9W. Clearance: Rotor blades or airfoils must maintain at least 20 feet of clearance between their lowest point and the ground. 10'1+. Blade Desiqn: The blade desiqn and materials must be enqineered to insure safe operation in an urban area. 11. Warnings: For all large WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable point. 7 12. Energy Storage: Batteries or other energy storage devices shall be designed consistent with the Minnesota Electric Code and Minnesota Fire Code. 13. Environmental Standards: The applicant of a Large WECS shall provide the following information in the application to minimize impacts on the environment: (a) Natural Heritage Review by the Minnesota Department of Natural Resources. (b) Lands guided as park or open space in the city's Land Use Designation of the Comprehensive Plan that are located within one (1) mile of the project. (c) Conservation easements and other officially protected natural areas within a quarter mile of the project. (d) Shoreland, Mississippi Critical Area, Greenways, wetland buffers, wildlife corridors and habitat complexes. (e) All significant trees impacted by the project. e. Abandonment A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the city after notification to the owner or operator of the WECS, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 4. Solar Energy Sources and Systems a. Definitions, Solar Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Building-Integrated Photovoltaic System. An active solar 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 systems that are contained within roofing materials, windows, skylights, and awnings. Ground mounted Panels. Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Photovoltaic System. An active solar energy system that converts solar energy directly into electricity. Roof or Buildinq Mounted SES. Solar energy system (panels) that are mounted to the roof or buildinq of a striJGture using brackets, stands or other apparatus. 8 Roof Pitch. The final exterior slope of a building roof calculated by the rise over the run, typically, but not exclusively, expressed in twelfths such as 3/12, 9/12, 12/12. Solar Access. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. 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 Energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. .11Gb's Solar EnerGY System (SES). An active solar energy system that collects or stores solar enerGY and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, or chemical means. aelar Ener!jY aYE:tem (aEa). A aeviGe whiGh FJreviaeE: fer the GelleGtien, E:tera!je ana aistrisutien ef selar ener!jY fer sFJaee heatin!j er eeelin!j, eleetrieity !jeneratin!j, er water heatin!j. The ener!jY mUE:t se uE:ea en E:ite with eXGeE:E: ener!jY aiE:trisutea inte the eleGtriGal !jria. 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. Zoning Official. Zoning official is any person designated by the city manager to administer and enforce the city's zoning code. b. Districts .11Gb's Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. c. Placement and Design 1. Height (a) Roof or buildina mounted SES shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building- mounted mechanical devices. (b) Ground mounted SES shall not exceed the height of an allowed accessory structure within the zoning district, or ten (10) feet in height, whichever is greater, when oriented at maximum tilt. 9 2. Placement (a) Ground mounted SES must meet the accessory structure setback for the zoning district in which it is installed. (b) Roof or Building Mounted SES. The collector surface and mounting devices for roof or buildinq mounted SES shall not extend beyond the required buildinq setbacks of the buildinq on which the system is mounted. f}xterior perimeter of the InJi!r:i!ng on 1';hiGh the system is mounted or Bum. Exterior piping fer solar hot I'if/ter systems shaff Be a!!e\';ed to 9irtend Beyooo the perimeter of the Building on a E:ifie and BaG.'< yard 9irposurfJ. 3. Coverage Ground mounted SES may not exceed the area restrictions placed on accessory structures within the subject district. 4. Visibility (a) SES shall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys. The color of the solar collector is not required to be consistent with other roofing materials. (b) Building Integrated Photovoltaic Systems - Building integrated photovoltaic solar systems shall be allowed regardless of visibility, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located. (c) Ground mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. d. General Standards 1. Notification. Prior to the installation or erection of a SES, the operator must provide evidence showing their regular electrical service provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. 2. Feeder lines. Any lines accompanying a SES, other than those attached to on- site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying an SES can be attached. 3. Commercial. All SES shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total onsite demand may be sold to the operator's regular electrical service provider in accordance with any agreement provided by the same or applicable legislation. 10 4. Restrictions on SES Limited. No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Maplewood shall restrict or limit solar systems to a greater extent than Maplewood's renewable energy ordinance. 5. Maplewood encourages solar access to be protected in all new subdivisions and allows for existing solar to be protected consistent with Minnesota Statutes. Any solar easements filed, must be consistent with Minnesota Statutes, Chapter 500, Section 30. e. Abandonment A SES that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by city officials, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 5. Geothermal Energy Sources and Systems a. Definitions, Geothermal Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Closed Loop Ground Source Heat Pump System. A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. Geothermal Energy. Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. Ground Source Heat Pump System (GSHPS). A system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site. Heat Transfer Fluid. A non-toxic and food grade fluid such as potable water, aqueous solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous solutions of potassium acetate not to exceed twenty percent (20%) by weight. Stormwater Pond. These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. b. Districts Ground source heat pump systems (GSHPS) shall be deemed an accessory structure, permissible in all zoning districts. 11 c. Placement and Design 1. Placement (a) All components of GSHPS including pumps, borings and loops shall be set back at least five (5) feet from interior and rear lot lines. (b) Easements. All components of GSHPS shall not encroach on easements. (c) GSHPS are permitted in stormwater ponds. 2. Design (a) Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. (b) Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of the city's zoning ordinance. d. General Standards 1. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. e. Abandonment A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the city after notification to the owner or operator of the GSHPS, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 6. General Ordinance Provisions a. Interpretation In interpreting this ordinance and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted. b. Conflict This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control. 12 c. Severability If any part or provision of this ordinance or its application to any developer or circumstance is judged invalid by any competent jurisdiction, the judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall be rendered and shall not affect or impair the validity of the remainder of these regulations or the application of them to other developers or circumstances. 13