HomeMy WebLinkAbout2018-07-16 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION
Council Chambers
1830 County Road B East
Monday, July 16, 2018
7:00 p.m.
Council Chambers -Maplewood City Hall
1830 County Road B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval ofMinutes:
a.May 21, 2018
5.Unfinished Business
6.New Business
a.Review of Renewable Energy Ordinance
7.Visitor Presentations
8.Commissioner Presentations
9.Staff Presentations
a.Update on Urban Agriculture Ordinance
b.ENR Commission 2018 Action Items:
1)Community Food Security Assessment
2)Climate Action and Adaption Plan
3)Trash and Recycling Contract
c.National Night Out –Tuesday, August 7
d.Maplewood Nature Center Programs
10.Adjourn
Agenda Item 4.a.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,May 21, 2018
Council Chambers, City Hall
1830 County Road B East
1.CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:01
p.m.by ChairpersonRies.
2.ROLL CALL
Keith Buttleman, CommissionerPresent
Mollie Miller, CommissionerPresent
Candace Okeson, CommissionerPresent
Ann Palzer, CommissionerPresentat 7:12 p.m.
Ted Redmond, Vice ChairPresent
Ryan Ries, ChairpersonPresent
Tom Sinn, CommissionerAbsent
Staff Present
Shann Finwall, Environmental Planner
Steve Love, Public Works Director
3.APPROVAL OF AGENDA
Commissioner Millermoved to approve the agenda as submitted.
Seconded by CommissionerOkeson. Ayes – All
The motion passed.
4.APPROVAL OF MINUTES
CommissionerRedmondmoved to approve the April 16, 2018, Environmental and Natural
Resources Commission meeting minutes as submitted.
Seconded by CommissionerButtleman. Ayes – ChairpersonRies,
Commissioner’s Buttleman,
Okeson & Redmond
Abstention – Commissioner Miller
The motion passed.
5.NEW BUSINESS
a.NPDES Phase II and MS4 Permit, 2017 SWPPP Annual Report
i.Public Works DirectorSteve Love gave the NPDES Phase II and MS4 Permit and
2017 SWPPP Annual Report and answered questions of the commission.
May 21, 2018
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Environmental and Natural Resources Commission MeetingMinutes
Agenda Item 4.a.
For more information on the Maplewood 2017 SWPPP Annual Reportgo to
www.maplewoodmn.gov/stormwateror you can go to the Public Works Department front
counterfor a copy.
Chairperson Ries opened up the discussion to the public.
There were no speakers to address the commission.
The Commission asked questions and offered feedback on the City’s stormwater
management programs.
Public Works Director Steve Love stated that the final report will be submitted to the
Minnesota Pollution Control Agency.
No action was required.
6.UNFINISHED BUSINESS
a.Urban Agriculture Ordinance Amendments
i.Environmental Planner, ShannFinwall reportedon the Urban Agriculture Ordinance
Amendments.The ENR Commission recommended approval of the amendments in
December 2017. Since that time the City Council reviewed the amendments during
two workshops and the Planning Commission reviewed the ordinance and held a public
hearing.There were two changes proposed from the ENR Commission’s
recommendations including reducing the number of poultry from a maximum of 30 to a
maximum of 10 and changing the amount of time a direct to consumer sale business
can operate without a conditional use permit from six months to four months.
The commission had a long discussion regarding the changes recommended since their
original review and recommendation in December 2017. The ENR Commission decided
to continue their recommendation for up to 30 poultry and allowing direct to consumer
sales for up to six months. Additionally, the ENR Commission added a recommendation
that bee hives be facing in toward the property to alleviate concerns expressed by the
Planning Commission that increased setbacks should be required for bee hives. The
Commission made a motion on each area of the Urban Agriculture Ordinance
Amendments as follows:
CommissionerMillermoved toapprove the Urban Animal Agriculture Ordinance
Amendment. Increasing the number of hens from 10 to a maximum of 30 depending on
the size of the lot.
Seconded by Commissioner Redmond. Ayes - All
Commissioner Miller moved to approve the Crop Agriculture Ordinance Amendment,
addinga requirement that bee hives be facing in toward the property.
Seconded by Commissioner Redmond. Ayes – All
Commissioner Miller moved to approve the Direct to Consumer Sales Ordinance
Amendment. Amending the time from four months to six months.
Seconded by CommissionerRedmond. Ayes – All
The motion passed.
May 21, 2018
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Environmental and Natural Resources Commission MeetingMinutes
Agenda Item 4.a.
This item will go to the city council June 11, 2018.
Staff will send out an email to the commission to see who will be the ENR representative
at the city council meeting.
7.VISITOR PRESENTATIONS
None present.
8.COMMISSION PRESENTATIONS
None.
9.STAFF PRESENTATIONS
a.Waterfest – Waterfest will be held June 2, 2018 from 11a.m. to 4 p.m. at Phalen
Regional Park Pavilion in St. Paul.Staff will email the commission membersfor volunteer
information.
b.Rush Line BRT Working Group–
ENR Commissioners, Candace Okeson and Ted Redmond volunteered to serve on the
RushLine Working Group.The first Rush Line BRT Working Group meeting is May 22 at
the Clarence Street Fire Station at 6:00 p.m.
c.Maplewood Nature Center Programs
i.For more information on programs at the Maplewood Nature Center contact the
Maplewood Nature Center at (651) 249-2170.
10.ADJOURNMENT
ChairpersonRies adjourned the meeting at 8:40p.m.
May 21, 2018
3
Environmental and Natural Resources Commission MeetingMinutes
Agenda Item 6.a.
ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT
Meeting Date July 16, 2018
REPORT TO:
Melinda Coleman, City Manager
REPORT FROM:Shann Finwall, AICP, Environmental Planner
PRESENTOR:
Shann Finwall, AICP, Environmental Planner
AGENDA ITEM:Review of Renewable Energy Ordinance
Action Requested:MotionDiscussionPublic Hearing
Form of Action:ResolutionOrdinanceContract/AgreementProclamation
Policy Issue:
The renewable energy ordinance was adopted in October 2011. The ordinance assists the City in
the promotion of renewableenergy sources while addressing regulations for wind, solar, and
geothermal energy sources. A prerequisiteof the City’s participation in the SolSmart Programis a
review of our renewable energy requirementsto identify restrictions that prohibitrenewable energy
developmentand commit to addressing those barriers during the next community zoning review.
Recommended Motion:
Review and recommend amendments to the renewable energy ordinance. Proposed amendments
will be brought back to the Environmental and Natural Resources Commission for reviewand
motion to approve.No formal motion is required at this time.
Fiscal Impact:
Is There a Fiscal Impact?NoYes, the true or estimated cost isn/a
Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source
Use of Reserves Other:n/a
Strategic Plan Relevance:
Financial SustainabilityIntegrated CommunicationTargeted Redevelopment
Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt.
Renewable energy is a valuable resource within our city. Removing barriers to this resource will
ensure all residents and businesses are able to capturethe benefits of appropriately designed and
sited renewable energy sources.
Background
Energy Planning
The Sustainability Chapter of the City’s 2040 Draft Comprehensive Plan outlines energygoals and
policies. One of the goals is to encourageand supportrenewable energy by obtaininga minimum
of 50 percent of all electric energy from renewable sources by 2040.
Local governments have influence over renewable energy growth. Unnecessary paperwork, red
tape, and other requirements increase costs and discourage renewable energy companies from
moving to the area. Streamlining therequirements and taking other steps to encourage renewable
energy development willhelp the City meet its renewable energy goals and promote economic
development and new jobs.
SolSmart Designation
SolSmartis a national designation program designed to recognize communities that have taken
steps to address local barriers to solar energy. It is led by theInternational City/County
Management Association and The Solar Foundation, along with a team of partners with expertise in
solar energy and local governments. SolSmart uses objective criteria to designate communities
that have successfully met thegoals. Since the program launched in 2016more than 200 local
governments nationwide have achieved SolSmart designation.
The City of Maplewood applied for SolSmart designation in 2016. Since that time the City has been
designated at the Silver levelbycompleting the following criteria:
Created an online permitting checklist, increasing transparency for community members and
solar installers.
Reviewed local zoning codes and identified restrictions that intentionally or unintentionally
prohibit solar PV development
Allowed solar by-right accessory use in all zones (so solar installations don’t require special
permits or hearings)
Cross-trained both inspection and permitting staff on solar PV
Renewable Energy Ordinance Amendments
Solar
As part of the review process, the national solar experts at SolSmart haveconducted areview of
Maplewood’s solar regulations to assess possible obstacles (i.e. height restrictions,set-back
requirements, etc.) and gaps.Theoutcome of that review is found on the attached SolSmart
Zoning Review document. Amendments proposed to the renewable energy ordinance are based
on that review and include:
Userestricted to on-site:The ordinance restricts solar energy systems to on-site use,
precluding off-site, shared, or community solar facilities.
No exemptions provided:No exemptions or allowances are provided for height, setback, or
lot coverage for solar energy systems.
Visibility restrictionsand screening requirements:The wording “solar energy systems shall
be designed to blend into the architecture of the building or be screened from routineview
from public right-of-ways other than alleys“could be interpreted to prevent a rooftop system
that is no flush mounted.
The areas outlined above are highlighted on the attached renewable energy ordinance.
Wind/Geothermal
The renewable energy ordinancealsoincludes regulations onwind and geothermal.The
Environmental and Natural Resources Commission shouldreview these sections of the renewable
energy ordinance for possible barriers as well. Since the adoption of the renewable energy
ordinancein 2011, the City has only permitted one small back yard wind turbine and no geothermal
systems.Resources to these types of renewable energy sourcescan be found in the resource
section below.
Resources
Maplewood Draft 2040 Comprehensive Plan –Sustainability Chapter
www.maplewoodmn.gov/2040-Sustainability Chapter
Regional Indicators –Energy Planning
https://www.regionalindicatorsmn.com/energy-planning
SolSmart
https://www.solsmart.org/
American Planning Association –Planning for Wind
https://planning-org-uploaded-media.s3.amazonaws.com/publication/online/PAS-Report-
566.pdf
Minnesota Department of Commerce –Energy
Solar: https://mn.gov/commerce/industries/energy/solar/
Wind: https://mn.gov/commerce/industries/energy/wind/
US Department of Energy
Solar: https://www.energy.gov/science-innovation/energy-sources/renewable-energy/solar
Wind Energy: https://www.energy.gov/science-innovation/energy-sources/renewable-
energy/wind
Geothermal Energy: https://www.energy.gov/science-innovation/energy-sources/renewable-
energy/geothermal
Attachments
1.SolSmart Zoning Review
2.Renewable Energy Ordinance
Attachment A
ZONING REVIEW – Maplewood, MN
PZD-1: Review zoning requirements and remove restrictions that intentionally or unintentionally
prohibit PV development.Compile findings in a memo, and commit to reducing barriers to PV
during next zoning review.
This SolSmart prerequisiterequires communitiesto (a) conduct a review of zoning requirements, (b)
identify restrictions that prohibit PV development, and(c)commit to addressing these barriersduring the
nextcommunity zoning review. To assist your community, the national solar experts at SolSmart have
conducted an initial review of yourcommunity’s code to assess possible obstacles (i.e. height restrictions,
set-back requirements, etc.) and gaps. Below, please find the outcome of their review. By reading the
narrative, reviewing the example code language provided,and signing the statement at the bottom of the
page, your community will satisfy PZD-1 and be one step closer to achieving SolSmart designation.
Potential barriers incurrent code language
Example(s) from other Priority
Section(s)ElementReviewer Comments
codeslevel
Section 1. Use The Ordinance restricts solar energy Best practice is generally to High
Scope, restricted to systems to on-site use, precluding off-regulate the impact rather than
Section on-sitesite, shared or community solar the use of solar energy systems
4.d.3 facilities, and all solar energy as they are not synonymous.
Commercialinstallations directly tied to the grid. See p. 19 of Planning and
Commercial and industrial facilities in Zoning for Solar in North
Carolina.
Maplewood do not have a mechanism
to lease rooftop space or a portion of
their land to a (utility or other off-taker)An example of a zoning code
for a grid-tied, rather than net metered, that regulates solar installations
installation. It also does not allow for based on acreage impact rather
.
primary use solar installations. Thethan usage: Fort Collins, CO
ordinanceshould be adjusted to allow
residents and businesses to install solar Resources for allowing solar
energy systems, even where those installations as a primary use
systems are not net metered, and to include page 38 of the APA’s
allow for primary use or community Integrating Solar Energy into
solar installations where subscribers Local Development Regulations
briefing paper.
who may be renters, or not able to
install solar on their roof due to shading,
receivecredit for the generation and the
cost benefits of economies of scale
from larger, ground-mounted
installations.
Section 4.c. No No exemptions or allowances are Recommendations include Medium
Placement exemptions provided for height, setback, or lot exempting roof-top solar
and Designprovidedcoverage for solar energy systems.equipment entirely or setting an
exemption limit of 5 to 10 feet
above the maximum building
height for the district. Setbacks
should be applied similar to
those required for a fence
rather than setbacks applicable
to a primary building. See page
Model Zoning for
7and 8 of the
the Regulation of Solar Energy
Systemsfrom the
Massachusetts Executive
Office of Energy and
Environmental Affairs. See
page 9 of the Massachusetts
modeldocumentfor lot
coverage and area
considerations.
Section Visibility For a discussion of screening High
The wording: “SES shall be
4.c.4. restrictions requirements see page 19 of
designed to blend into the
Visibilityandthe DVRPC Renewable
architecture of the building or be
screening Energy Ordinance Framework
screened from routine view from
requirement–Solar PV
public right-of-ways other than
http://www.dvrpc.org/EnergyC
alleys” could be interpreted to
limate/ModelOrdinance/Solar/
prevent a rooftop SES that is not
pdf/2016_DVRPC_Solar_RE
flush mounted to a roof, including a
OF_Reformatted_Final.pdf
flat roof. All ground mounted
For an example, see the City
systems are required to be
of Fort Collins, CO, which
screened, adding cost and
acknowledges that “solar
potentially shading issues for
collectors are a visible
installations.
symbol of our commitment to
sustainability” and only
requires screening of solar
energy facilities a half-acre
and larger in size.
https://www.municode.com/li
brary/co/fort_collins/codes/la
nd_use
Additional notes
Section 4.a. Definitions are inclusive and address both solar energy collection and storage for
conversion into electric and heating applications.
Section 4.b. Solar Energy Systems are allowed as an accessory use in all zoning districts, providing
partial compliance with SolSmart criteria PZD-2.
Section 4.d.4. Prevents HOAsfrom restricting solar systems to a greater extent than the Ordinance.
Section 4.d.5. Allows for solar access to be protected in all new subdivisions and in existing systems in
accordance with Minnesota Statutes.
Maplewood MN
Shann Finwall Environmental Planner
, as
I,of
,
\[Community\] \[State\]
\[Name\] \[Title\]
have read the review aboveandcommitto discussing these barriers at the nextcommunity zoning
review,tentatively scheduled for 2017/2018, with the goal of removing them from the code.
Date 11-29-16
Signature __
_______________________
___________________________________
Attachment 2
ORDINANCE NO. 914
AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING
RENEWABLEENERGY SYSTEMS(Wind, Solar, Geothermal)
The Maplewood City Council approves the following addition to the Maplewood Code of
Ordinances. This ordinance creates a new renewableenergy 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-siterenewableenergy systems within the City of
Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines,solarsystems, and
geothermal ground-source heat pumpswhich 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 asustainable 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. Citiesare 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, Maplewoodbelieves 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. WhileMaplewood strongly encourages increased energy
conservation and improved energy efficiency, the city also finds that increased use of
appropriate renewableenergy 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 renewableenergy systemswith concerns for preservation of public health,
welfare, and safety, as well as environmental quality,visual and aesthetic values, and existing
neighborhoodsocial andecological stability.With these regulations, Maplewood is concerned
that renewableenergy 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.
Section 3. Wind Energy Sources andSystems
a.Definitions, Wind Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the
meaningprovided 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
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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.
Ground mountedWECS.Freestanding WECS mounted to the groundwith 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. Large WECS are limited to one-hundred twenty five (125) feet in height.
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.
Roof MountedWECS.AWECS utilizing a turbine mounted to the roof of a structure.
Significant Tree.Any tree defined as a Significant Tree in the city’s tree preservation
ordinance.
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.
Small WECS are limited to sixty (60) feet in height.
Tower.Vertical structures that support the electrical generator,rotor, andblades,or the
meteorological equipment.
Tower Height.The total height of the WECS, including tower,rotor, and bladeto its
highest point of travel.
Turbine Cut-In Speed. The lowest wind speed at which turbines generate power to the
utility system.
Wind Energy. Kineticenergy present in wind motion that can be converted into electrical
energy.
WECS.AWind Energy Conversion Systemwhich 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 mustbe used on-
site with excess energydistributed 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.
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b.WECS Districts
1.LargeWECS Districts.
(a)Ground and RoofMounted LargeWECS shall beallowedwith approval of
a conditional use permit as outlined in section d (conditional use permit
procedure) in the following zoning districts and land use designations:
(1)Inall 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 all properties located in multiple dwelling residential zoning
districts (Multiple Dwelling Residential and MultipleDwelling
Residential Townhouse)for purposes of shared WECS energy
production among the residential dwelling units.
(3)In all properties approved as a planned unit development for
purposes of shared WECS energy production among the
businesses/organizations,residential dwelling units, or adjoining
businesses/organizations/residential dwelling units.
(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 LargeWECS shall be prohibited in all
properties guided as park or open space in the city’s Land Use
Designations of the Comprehensive Plan.
2.SmallWECSDistricts.
(a)Roof Mounted Small WECSshall be deemed permissible in all zoning
districts.
(b)Ground Mounted Small WECSshall be deemed an accessory structure,
permissible 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 all properties located in multiple dwelling residential zoning
districts (Multiple Dwelling Residential and Multiple Dwelling
Residential Townhouse) for purposes of shared WECS energy
production among the residential dwelling units.
(3)In all properties approved as a planned unit development for
purposes of shared WECS energy production among the
businesses/organizations, residential dwelling units, or adjoining
businesses/organizations/residential dwelling units.
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(4)In all properties guided as Government orInstitutional in the city’s
Land Use Designations of the Comprehensive Plan.
(5)In all properties guided as park in the city’s Land Use
Designations of the Comprehensive Plan.
(c)Ground Mounted Small WECSshall be deemed an accessory structure,
permissible in double or single dwelling residential zoning districts if the
following neighborhood consent requirements are met:
Written consent of one hundred (100) percent of the owners or occupants
of privately or publicly owned real estate that are located adjacent (i.e.,
sharing property lines) on the outer boundaries of the premises for which
the permit is being requested,or in the alternative, proof that the
applicant’s property lines are one-hundred fifty (150) feet or more from
any house.
Where an adjacent property consists of a multiple dwelling or multi-tenant
property, the applicant need obtain only the written consent of the owner
or manager, or other person in charge of the building. Such written
consent shall be required on the initial application and as often thereafter
as the officer deems necessary.
c.Placementand Design
1.Ground MountedWECS.
(a)Height
(1)LargeWECS shall have a total height, including towerand blade
to its highest point of travel, ofno more thanone-hundred twenty-
five(125) feet.
(2)Small WECSshall have a total height, including towerand blade
to its highest point of travel, of no more thansixty (60) feet.
(b)Placement
(1)Large WECS shall be located as follows:
a)Shall not be located between a principal structure and a
public street, unless the city determines that such a
location would lessen the visibility of the Large WECS or
would lessen the negative impacts of such a WECS on
nearby properties.
b)Have a minimum setback distance from the base of the
monopole of one (1) times the height from any property
line, electric substation, transmission line, or other WECS.
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In addition, the setback distance must be increased by
twenty-five (25) feet from any property that is zoned or
planned for residential.
c)Have a minimum setback distance from the base of the
monopole of one and one-half (1-1/2) times the height from
any public right of way, occupied structure, or public use
area.
d)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.
e)Have a minimum setback distance from the base of the
monopole of one-fourth (¼) mile or one thousand three
hundred and twenty (1,320) feet from any bluff.
(2)Small WECS shall be located
a)Shall not be located between a principal structure and a
public street, unless the city determines that such a
location would lessen the visibility of the Small WECS or
would lessen the negative impacts of such a WECS on
nearby properties.
b)Have a minimum setback distance from the base of the
monopole of one (1) times the height from any property
line, public right-of-way, electric substation, transmission
line, or other WECS.
(c)Number
(1)LargeWECS. One (1) largeWECS shall be allowed on a single
lot of one (1) to five (5)acre(s). All other largerparcels will be
limited to one (1) largeWECS per five (5) acres of land area.
(2)SmallWECS. One (1)small WECS shall be allowed on a single
lotup to one (1) acre in size.All other larger parcels will be
allowedone (1) small WECS per five (5) acres of land area.
(d)Design
(1)Tower Configuration. All ground mountedWECS shall:
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 featuresused
for tower access to extend within eight (8) feet of the
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ground. Lattice-style towers shall have aprotective barrier
to prevent unauthorized access to the lower eight (8) feet
ofthe 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, andproviding the
emergency contact information for the operator.
2.Roof MountedWECS.
(a)Height
(1)Large Roof Mounted WECS:
a)Total height of not more thantwenty-five (25) feet,
measured from the top of the roof to the bladetip at its
highest point of travel.
(2)Small Roof Mounted WECS:
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.
b)Residential Installation: In addition to the twenty-five (25)
foot height restriction for the 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.
(b)Placement
Roof mounted WECS must be erected abovethe roof of a building or
structure. The mounts associated with the WECS may extend onto the
side of the building or structure.
(c)Number
(1)LargeRoof MountedWECS. The maximum number of Large
Roof MountedWECS shall beapproved through the conditional
use permit process.
(2)SmallRoof MountedWECS. No more than three (3) roof
mountedSmallWECS shall be installed on any rooftop.
d.Conditional Use Permit Procedure.Procedures for granting conditional use permits
from this ordinance are as follows:
1.The city council may approve conditional use permit requirements in this
ordinance.
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2.Before the city council acts on a conditional use permit the environmental and
natural resources commission and the planning commissionwill make a
recommendation to the city council.
3.In reviewing the conditional use permit the environmental and natural resources
commission, planning commission, and city council will follow the requirements
for conditional use permit approvals as outlined in Article V (conditional use
permits).
e.General Standards
1.The following provisions will apply to all WECSerected under the provisions of
this ordinance:
(a)Noise:Have a maximum noise production rating of fifty-five (55) dB fifty
(50) dBA andshall conform to this standard under normal operating
conditions as measured at anyproperty line.
(b)Over Speed Controls: Shall be equipped with manual and automatic over
speed controlsto limit the blade rotation within design specifications.
(c)Lighting: Have no installed or accessory lighting, unless required by
federal or stateregulations.
(d)Intent to Install: Prior to the installation or erection of a WECS, the
operator must provideevidence showing their regular electrical service
provider has beeninformed of thecustomer’s intent to install an
interconnected, customer-owned generator. Off-gridsystems shall be
exempt from this requirement.
(e)Signs: The placement of all other signs, postings, or advertisements shall
beprohibitedon the units.This restriction shall not apply to manufacturer
identification, unit modelnumbers, and similar production labels.
(f)Commercial Installations:All WECSshall 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 tothe operator’s regular electrical
service provider in accordance with any agreementprovided by the same
or applicable legislation.
(g)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.
(h)Clearance:Rotor blades or airfoils must maintain at least 20feet of
clearance between their lowestpoint and the ground.
(i)Blade Design: The blade design and materials must be engineered to
insure safe operation in an urban area.
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(j)Energy Storage:Batteries or other energy storage devices shall be
designed consistent with the Minnesota Electric Code and Minnesota Fire
Code.
2.In addition to the provisions outlined in Section 3, item e(1) above, the following
provisions will apply to large WECS erected under the provisions of this
ordinance:
(a)Color: Turbine paint color and high levels of ultraviolet and infrared
components of paint could have an impact on the attraction of insect
species to the structure, which may attract birds and bats and cause bird
and bat mortality. As such, turbine paint color may be approved as part
of the conditional use permit process and must be shown to reduce the
negative impacts to birds and bats and be a non-obtrusive color so not to
cause negative visual impacts to surrounding properties.
(b)Warnings: 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.
(c)Environmental Standards: Theapplicant shall provide the following
information in the conditional use permit application. The information will
be evaluated in meeting the criteria of a conditional use permit for
purposes of minimizingimpacts 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 Planthat are located within
one(1) mile of the project.
(c)Conservation easementsand 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.
(f)A plan for turbine-cut in speed strategies where feasible in order
to reduce bird and bat deaths. Studies have shown that bird and
bat fatalities would be significantly reduced by changing turbine
cut-in speed and reducing operational hours during low-wind
periods, evening hours (one-half hour before sunset to one-half
hour after sunrise-only in spring, summer, and early fall), and
migration times in spring and fall.
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3.In addition to the provisions outlined in Section 3, item e(1)above, the following
provisions will apply to small WECS erected under the provisions of this
ordinance:
(a)Color: Turbine paint color must be a non-obtrusive color so not to cause
negative visual impacts to surrounding properties.
f.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 SolarSystem. 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 MountedPanels.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 BuildingMountedSES. Solar energy system (panels)that are mounted to the
roof or buildingusing brackets, stands or other apparatus.
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 thatis 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.
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Solar Energy System(SES). An activesolar 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.
Solar Hot Water System.A system that includes a solar collector and a heat exchanger
that heats orpreheats water for building heating systems or other hot water needs,
including residential domestic hot water and hot water for commercial processes.
b.Districts
Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts.
c.Placementand Design
1.Height
(a)Roof or buildingmounted SESshall not exceed the maximum allowed
height in any zoning district. For purposes for height measurement, solar
systems other than building-integratedsolar systems shall be considered
to be mechanical devices and are restricted consistent with other
building-mounted mechanical devices.
(b)Groundmounted SESshall not exceed the height of an allowed
accessory structure within the zoning districtwhen oriented at maximum
tilt.
2.Placement
(a)Groundmounted SES must meet the accessory structure setback for the
zoning district in which it is installed.
(b)Roofor BuildingMounted SES.The collector surface and mounting
devices for roof orbuildingmountedSESshall not extend beyond the
required setbacks of the building on which the system is mounted.
3.Coverage
Groundmounted SES may not exceed the area restrictions placed on accessory
structures within the subject zoning district.
4.Visibility
(a)SESshall 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 Solar Systems -Building integrated 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
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performance standards for the zoning district in which the building is
located.
(c)Ground mountedSES 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
provideevidence showing their regular electrical service provider has been
informed of thecustomer’s intent to install an interconnected, customer-owned
SES. Off-grid systemsshall be exempt from this requirement.
2.Feeder lines. Any lines accompanying a SES, other than those attached to on-
sitestructures by leads, shall be buried within the interior of the subject parcel,
unless there are existing lines in the areawhich 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 tothe operator’s regular electrical service provider in
accordance with any agreementprovided by the same or applicable legislation.
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 the city, 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 andSystems
a.Definitions, Geothermal Energy Sources andSystems
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 LoopGround Source Heat Pump System.Asystem 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.
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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.
GroundSource Heat Pump System (GSHPS).Asystem that uses the relatively
constanttemperature of the earth or a body of water to provide heating in the winter and
cooling in thesummer. System components include closed loops of pipe, coils or plates;
a fluidthatabsorbs and transfers heat; and a heat pump unit that processes heat for use
or disperses heat forcooling; and an air distribution system.The energy must be used
on-site.
Heat Transfer Fluid.Anon-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 potassiumacetate 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.
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 ofGSHPS shall not encroach on
easements.
(c)GSHPS are prohibited in surface waters, except for stormwater ponds
where they are permitted.
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. GSHPSshall comply with Minnesota PollutionControl Agency standards
outlined in Minnesota Rules Chapter 7030.
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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
beheld to be the minimum requirements for the protection of public health, safety and
generalwelfare. This ordinance shall be construed broadly to promote the purposes for
which it wasadopted.
b.Conflict
This ordinance is not intended to interfere with, abrogate or annul any other ordinance,
ruleor regulation, statute or other provision of law except as provided herein. If any
provision of thisordinance imposes restrictions different from any other ordinance, rule
or regulation, statute orprovision of law, the provision that is more restrictive or imposes
high standards shall control.
c.Severability
If any part or provision of this ordinance or its application to any developer or
circumstanceis judged invalid by any competent jurisdiction, the judgment shall be
confined in its operation tothe part, provision or application directly involved in the
controversy in which the judgment shallbe rendered and shall not affect or impair the
validity of the remainder of theseregulations or theapplication of them to other
developers or circumstances.
The city council approved the first reading of this ordinance on September 26, 2011.
The city council approved the second reading of this ordinance on October 10, 2011.
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