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HomeMy WebLinkAbout2018-07-16 ENR Packet PDFAGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 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 of Minutes: 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 May 21, 2018 Environmental and Natural Resources Commission Meeting Minutes 1 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 Chairperson Ries. 2.ROLL CALL Keith Buttleman, Commissioner Present Mollie Miller, Commissioner Present Candace Okeson, Commissioner Present Ann Palzer, Commissioner Present at 7:12 p.m. Ted Redmond, Vice Chair Present Ryan Ries, Chairperson Present Tom Sinn, Commissioner Absent Staff Present Shann Finwall, Environmental Planner Steve Love, Public Works Director 3.APPROVAL OF AGENDA Commissioner Miller moved to approve the agenda as submitted. Seconded by Commissioner Okeson. Ayes – All The motion passed. 4.APPROVAL OF MINUTES Commissioner Redmond moved to approve the April 16, 2018, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Buttleman. Ayes – Chairperson Ries, 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 Director Steve Love gave the NPDES Phase II and MS4 Permit and 2017 SWPPP Annual Report and answered questions of the commission. Agenda Item 4.a. May 21, 2018 Environmental and Natural Resources Commission Meeting Minutes 2 For more information on the Maplewood 2017 SWPPP Annual Report go to www.maplewoodmn.gov/stormwater or you can go to the Public Works Department front counter for 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, Shann Finwall reported on 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: Commissioner Miller moved to approve 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, adding a 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 Commissioner Redmond. Ayes – All The motion passed. Agenda Item 4.a. May 21, 2018 Environmental and Natural Resources Commission Meeting Minutes 3 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 11 a.m. to 4 p.m. at Phalen Regional Park Pavilion in St. Paul. Staff will email the commission members for volunteer information. b. Rush Line BRT Working Group – ENR Commissioners, Candace Okeson and Ted Redmond volunteered to serve on the Rush Line 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 Chairperson Ries adjourned the meeting at 8:40 p.m. Agenda Item 4.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF 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: ☐ Motion  Discussion ☐ Public Hearing Form of Action: ☐ Resolution  Ordinance ☐ Contract/Agreement ☐ Proclamation Policy Issue: The renewable energy ordinance was adopted in October 2011. The ordinance assists the City in the promotion of renewable energy sources while addressing regulations for wind, solar, and geothermal energy sources. A prerequisite of the City’s participation in the SolSmart Program is a review of our renewable energy requirements to identify restrictions that prohibit renewable energy development and 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 review and motion to approve. No formal motion is required at this time. Fiscal Impact: Is There a Fiscal Impact?  No ☐ Yes, the true or estimated cost is n/a Financing source(s): ☐ Adopted Budget ☐ Budget Modification ☐ New Revenue Source ☐ Use of Reserves ☐ Other: n/a Strategic Plan Relevance: ☐ Financial Sustainability ☐ Integrated Communication ☐ Targeted Redevelopment ☐ Operational Effectiveness  Community Inclusiveness ☐ Infrastructure & 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 capture the benefits of appropriately designed and sited renewable energy sources. Agenda Item 6.a. Background Energy Planning The Sustainability Chapter of the City’s 2040 Draft Comprehensive Plan outlines energy goals and policies. One of the goals is to encourage and support renewable energy by obtaining a 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 the requirements and taking other steps to encourage renewable energy development will help the City meet its renewable energy goals and promote economic development and new jobs. SolSmart Designation SolSmart is a national designation program designed to recognize communities that have taken steps to address local barriers to solar energy. It is led by the International 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 the goals. Since the program launched in 2016 more 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 level by completing 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 have conducted a review of Maplewood’s solar regulations to assess possible obstacles (i.e. height restrictions, set-back requirements, etc.) and gaps. The outcome 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: • Use restricted 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 restrictions and screening requirements: The wording “solar energy systems 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 “ 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 ordinance also includes regulations on wind and geothermal. The Environmental and Natural Resources Commission should review these sections of the renewable energy ordinance for possible barriers as well. Since the adoption of the renewable energy ordinance in 2011, the City has only permitted one small back yard wind turbine and no geothermal systems. Resources to these types of renewable energy sources can 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 ZONING REVIEW – Maplewood, MN Potential barriers in current code language Section(s) Element Reviewer Comments Example(s) from other codes Priority level Section 1. Scope, Section 4.d.3 Commercial Use restricted to on-site The Ordinance restricts solar energy systems to on-site use, precluding off- site, shared or community solar facilities, and all solar energy installations directly tied to the grid. Commercial and industrial facilities in Maplewood do not have a mechanism to lease rooftop space or a portion of their land to a (utility or other off-taker) for a grid-tied, rather than net metered, installation. It also does not allow for primary use solar installations. The ordinance should be adjusted to allow residents and businesses to install solar energy systems, even where those systems are not net metered, and to allow for primary use or community solar installations where subscribers who may be renters, or not able to install solar on their roof due to shading, receive credit for the generation and the cost benefits of economies of scale from larger, ground-mounted installations. Best practice is generally to regulate the impact rather than the use of solar energy systems as they are not synonymous. See p. 19 of Planning and Zoning for Solar in North Carolina. An example of a zoning code that regulates solar installations based on acreage impact rather than usage: Fort Collins, CO. Resources for allowing solar installations as a primary use include page 38 of the APA’s Integrating Solar Energy into Local Development Regulations briefing paper. High Section 4.c. Placement and Design No exemptions provided No exemptions or allowances are provided for height, setback, or lot coverage for solar energy systems. Recommendations include exempting roof-top solar 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 7 and 8 of the Model Zoning for the Regulation of Solar Energy Systems from the Massachusetts Executive Office of Energy and Medium 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 prerequisite requires communities to (a) conduct a review of zoning requirements, (b) identify restrictions that prohibit PV development, and (c) commit to addressing these barriers during the next community zoning review. To assist your community, the national solar experts at SolSmart have conducted an initial review of your community’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. Attachment A Environmental Affairs. See page 9 of the Massachusetts model document for lot coverage and area considerations. Section 4.c.4. Visibility Visibility restrictions and screening requirement The wording: “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” could be interpreted to prevent a rooftop SES that is not flush mounted to a roof, including a flat roof. All ground mounted systems are required to be screened, adding cost and potentially shading issues for installations. For a discussion of screening requirements see page 19 of the DVRPC Renewable Energy Ordinance Framework – Solar PV http://www.dvrpc.org/EnergyC limate/ModelOrdinance/Solar/ pdf/2016_DVRPC_Solar_RE OF_Reformatted_Final.pdf For an example, see the City of Fort Collins, CO, which acknowledges that “solar collectors are a visible 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 High 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 HOAs from 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. have read the review above and commit to discussing these barriers at the next community zoning review, tentatively scheduled for 2017/2018, with the goal of removing them from the code. Shann Finwall [Name] Environmental Planner [Title] MN [State] I, , as of Maplewood [Community] , Signature __ ___________________________________ Date 11-29-16 _______________________ 1 ORDINANCE NO. 914 AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING RENEWABLE ENERGY SYSTEMS (Wind, Solar, Geothermal) 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 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. 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 Attachment 2 2 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 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. 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 Mounted WECS. A WECS 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, 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. Turbine Cut-In Speed. The lowest wind speed at which turbines generate power to the utility system. 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. 3 b. WECS Districts 1. Large WECS Districts. (a) Ground and Roof Mounted Large WECS shall be allowed with 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) 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. (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. 2. Small W ECS Districts. (a) Roof Mounted Small WECS shall be deemed permissible in all zoning districts. (b) Ground Mounted Small WECS shall 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. 4 (4) In all properties guided as Government or Institutional 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 WECS shall 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. 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) 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. 5 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) 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 W ECS. One (1) small WECS shall be allowed on a single lot up to one (1) acre in size. All other larger parcels will be allowed one (1) small WECS per five (5) acres of land area. (d) Design (1) Tower Configuration. All ground mounted WECS 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 features used for tower access to extend within eight (8) feet of the 6 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 (1) Large 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. (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 above the 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) 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. 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. 7 2. Before the city council acts on a conditional use permit the environmental and natural resources commission and the planning commission will 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 WECS erected under the provisions of this ordinance: (a) 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. (b) Over Speed Controls: Shall be equipped with manual and automatic over speed controls to limit the blade rotation within design specifications. (c) Lighting: Have no installed or accessory lighting, unless required by federal or state regulations. (d) 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. (e) 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. (f) 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. (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 20 feet of clearance between their lowest point and the ground. (i) Blade Design: The blade design and materials must be engineered to insure safe operation in an urban area. 8 (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: The applicant 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 minimizing 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. (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. 9 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 Solar 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 Building Mounted SES. Solar energy system (panels) that are mounted to the roof or building using 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 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. 10 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. 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. b. Districts Solar energy systems (SES) shall be allowed as an accessory use in all zoning districts. c. Placement and Design 1. Height (a) Roof or building mounted SES shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated solar 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 when oriented at maximum tilt. 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 building mounted SES shall not extend beyond the required setbacks of the building on which the system is mounted. 3. Coverage Ground mounted SES may not exceed the area restrictions placed on accessory structures within the subject zoning 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 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 11 performance standards for the zoning 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. 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 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. 12 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. 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 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. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. 13 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. 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. 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.