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HomeMy WebLinkAbout2018-11-19 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Council Chambers 1830 County Road B East Monday, November 19, 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.October 15, 2018 5.Unfinished Business a.Renewable Energy Ordinance 6.New Business 7.Visitor Presentations 8.Commissioner Presentations 9.Staff Presentations a.Update on Maplewood Trash and Recycling Contracts b.Maplewood Nature Center Master Plan c.Merrick Food Shelf Volunteer Opportunity December 3, 2018, 3 to 5:30 p.m. d.January and February 2019 ENR Commission Meetings i.January Meeting Rescheduled to Wednesday, January 23, 2019 ii.February Meeting Rescheduled to Tuesday, February 26, 2019 e.Maplewood Nature Center Programs 10.Adjourn MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00p.m.,Monday,October 15, 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 7:05p.m.by Chair Ries. 2.ROLL CALL Keith Buttleman, CommissionerAbsent Mollie Miller, CommissionerAbsent Candace Okeson, CommissionerAbsent Ann Palzer, CommissionerPresent Ted Redmond, Vice ChairPresent Ryan Ries, ChairpersonPresent Tom Sinn, CommissionerPresent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA Commissioner Redmondmoved to approve the agenda assubmitted. Seconded by CommissionerPalzer.Ayes –All The motion passed. 4.APPROVAL OF MINUTES CommissionerPalzermoved to approve the September 17, 2018,Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by CommissionerSinn.Ayes –Commissioner’s Palzer & Sinn Abstention–Commissioner’sRedmond & Ries The motion passed. October15,2018 1 Environmental and Natural Resources Commission MeetingMinutes 5.NEW BUSINESS a.SolSmart Solar Program Presentation i.Environmental Planner, Shann Finwall introduced the SolSmart Solar Program and turned the discussion over to the speaker.Staff also answered questions of the commission. ii.Senior Planner with the Metropolitan Council, CameranJ. Bailey, representing SolSmart Solar, gave the presentation and answered questions of the commission. Cameran Bailey, SolSmart Advisor with the Metropolitan Council, presenteddetails of the SolSmart program. Maplewood is currently designated at the Silver Level. To achieve the Gold Level the City needs to enact a three-day review process for solar permits. The presentation also detailed additional resources for promoting solar energy in the community including: Solar PV building and structure integration Supporting existing policies, goals, and strategies with solar PV Potential social, environmental, and economic co-benefits of solar PV deployment No action was taken. The commission will use this information as they complete their review of the City’s renewable energy ordinance. b.Gladstone Phase 3 Corridor Improvements and Wakefield Lake Water Quality Update i.Public Works Director, Steve Love introduced the presentation on Gladstone Phase 3 Corridor Improvements and Wakefield Lake Water Quality Update and answered questions of the commission. ii.Chad Larson, Kimley Horn & Associates, gave the presentation for Gladstone Phase 3 Corridor Improvements and the Wakefield Lake Water Quality Update. iii.Paige Ahlborg, Ramsey Washington Metro Watershed District, addressed and answered questions of the commission. The Gladstone Phase 3 Corridor Improvements project is a joint project between Maplewood and the Ramsey-Washington Metro Watershed District (RWMWD). Through thispartnership, the City and RWMWD have developed a proposed project that will meet severalobjectives in the Wakefield Lake area. The proposed project includes the following: • Improvements to Frost Avenue between English Street and White Bear Avenue • Addition of pedestrian and bicycle connections along Frost Avenue • Wakefield Lake water quality improvements • Aesthetic improvements to Wakefield Park • Creation of stormwater quality educational opportunities within Wakefield Park RWMWD awarded the City of Maplewood a grant to help fund and meet the project goals in the amount of $1,068,000. No action was needed. October15,2018 2 Environmental and Natural Resources Commission MeetingMinutes 6.UNFINISHED BUSINESS None. 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS None. 9.STAFF PRESENTATIONS a.Fall Clean Up Campaign –First Four Weeks in October Bulky item curbside collection will be offered at a reduced cost during the month of October. For more information contact Republic Services at (651)455-8634. b.Commission Terms –Commissioner Buttleman and Commissioner Ries Terms ExpiredSeptember 2018 The City Council reappointedCommissioner Buttleman for another term on October 8, 2018. Commissioner Ries did not seek re-appointmenton the ENR Commission. Staff and the commission wish him well and thank him for his service. The City will advertise the commission vacancy soon. c.Re-Energize Maplewood Update Staff gave an update on the Re-Energize Maplewood program. This program is being funded by a $7,500 grant from the Clean Energy Resource Teams Seed Grant program. For more information visit the website at www.maplewoodmn.gov/reenergizemaplewood. d.Community Food Assessment Update Staff gave an update on theCommunity Food Assessment that is being conducted by Caitlin Pyrz, University of Minnesota graduate student, along with assistance from the St. Paul-Ramsey County SHIP program. Ms. Pyrz will be wrapping up her stakeholder interviews by the end of November and then begin drafting the assessment document in December. The final document will be presented to the commission in January 2019. e.Maplewood Nature Center Programs i.Environmental Planner, ShannFinwall presented the upcoming Nature Center Programs. For more information contact the Maplewood Nature Center at (651) 249-2170. 10.ADJOURNMENT Chair Ries adjourned the meeting at 8:20p.m. October15,2018 3 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date November 19, 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 renewable energy sources while addressing regulations for wind, solar, and geothermal. The Environmental and Natural Resources Commission is reviewing the ordinance to identify restrictions that prohibit renewable energy development. Recommended Motion: Recommend approval of the renewable energy ordinance amendments. Offer comment and feedback on solar permitting fees and design review. 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.Removing barriers to this resource will ensure community inclusiveness. It will allow all residents and businesses to capture the benefits of appropriately designed and sited renewable energy sources.Operational effectiveness will be achieved with the removal of barriers and promotion ofrenewable energy. It will assist the City in meetingits Comprehensive Plan energy goals. One of the goals states that the City will encourage and support renewable energy by obtaininga minimum of 50 percent of all electric energy from renewable sources by 2040. Background During the September 17, 2018, Environmental and Natural Resources Commission meeting, the Commission finalized its review of the Renewable Energy Ordinance amendments. The Commission held off on making a motion on the ordinance amendments until they reviewed the SolSmart presentation in October. Cameran Bailey, SolSmart Advisor with the Metropolitan Council, presented details of the SolSmart programduring the October 15, 2018, Commission meeting. Maplewood is currently designated at the Silver Level. To achieve the Gold Level the City needs to enact a three-day review process for solar permits. The presentation also detailed additional resources for promoting solar energy in the community including: Solar PV building and structure integration Supporting existing policies, goals, and strategies with solar PV Potential social, environmental, and economic co-benefits of solar PV deployment Renewable Energy Ordinance Amendments Following is a summary of the proposed renewable energy ordinance amendments: Wind Electrical Grid: Remove the requirement that a wind energy system be connected to the electrical grid. Neighborhood Consent: Require60 percent neighborhood consent instead of 100 percent for a ground mounted residential wind energy system. Wind Energy Systems in Parks: Allow wind energy systems in parks with the same controls as allowed in other zoning districts. Setbacks: Modification of wind energy system setbacks. Solar Electrical Grid: Remove the requirement that a solar energy system be connected to the electrical grid. Screening: Modified the screening requirements for solar energy systems. Community Solar Gardens: Added language that would regulate community solar gardens. Geothermal No proposed changes to the geothermal section of the ordinance. Solar Permittingand Design Review Building permit fees: Commercial solar permits are based on the cost of the job. In December the CityCouncil will be considering a reduction in the residential solar permitfees to a flat $200fee. Community solar gardenconditional use permit fees: The proposed ordinance amendment requires ground mounted community solar gardens to obtain a conditional use permit. Conditional use permits cost $1,650 to process. In December the City Council will be considering a reduction in the community garden conditional use permit fees,half the cost of a regular conditional use permit. The reduction in fees is warranted since community gardens do not require review of a building or detailed engineering plans, and will help promote local foods in the City. The same is true for community solar gardens. They do not require review of a building or detailed engineering plans, and will promote renewable energy in the City. The Environmental and Natural Resources Commission should offer comment and feedback on the fees for community solar garden conditional use permits. Commercial and multi-family solar and community solar garden design review requirements: Exterior improvements to a commercial or multi-family building require design review by the City. If the projectis $200,000 or less, the project can be reviewed administrativelywith a 15-day review which costs $500.All new commercial or multi-family development (including community solar gardens), and project to existing commercial or multi-family developments that are over $200,000, would require design review by the Community Design Review Boardwhich costs $1,650. The Environmental and Natural Resources Commission should offer comment and feedback on requiring commercial and multi-family buildings and ground mounted community solar gardens to receive design review approval for solar projects. 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/ Wind Minnesota Department of Commerce –Minnesota Model Wind Ordinance: http://www.macpza.org/2017WindModelOrdinanceFinal.pdf Solar US Department of Energy –Grow Solar Toolkit (Minnesota): http://www.macpza.org/MinnesotaToolkitJune2017.pdf Geothermal DNR Once Through Geothermal Fact Sheet: https://files.dnr.state.mn.us/waters/forms/once-through-geothermal_fact- sheet_08052015.pdf Minnesota Department of Health Geothermal Information: http://www.health.state.mn.us/divs/eh/wells/geothermal.html Attachments 1.Renewable Energy Ordinance Attachment 1 ORDINANCE NO. _____ An Ordinance Regulating Renewable Energy Systems (Wind, Solar, Geothermal) The Maplewood City Council approves changes to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 5 (Renewable Energy) as follows: 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 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 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 ofpublic 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 windenergy 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 turbine(s) orindividual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with 1 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 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. 2 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, or Parkin 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 3 businesses/organizations, residential dwelling units, or adjoining businesses/organizations/residential dwelling units. (4)In all properties guided as Government,orInstitutional, or Parkin 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 sixty (60)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. 4 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. 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. c)e)Maintain setbacks to bluffs as outlinedin Section 18-462 (e) (Slopes).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 locatedas 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 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 larger parcels 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 allowed one (1) small WECS per five (5) acres of land area. (c)(d)Design (1)Tower Configuration. All ground mountedWECS shall: a)Be installed with a tubular, monopole type tower. 5 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 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 shall be established through the conditional use permit process. 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. 6 (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. 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 been informed 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. (fg)Feeder Lines:Any lines accompanying a WECS, other than those contained within the WECS’tower or those attached to on-site structures 7 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. (gh)Clearance:Rotor blades or airfoils must maintain at least 20feet of clearance between their lowestpoint and the ground. (hi)Blade Design: The blade design and materials must be engineered to insure safe operation in an urban area. (ij)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 provisionsof 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. 8 (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. 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 Mounted Community Solar Garden. A solar energy system that generates electricity by means of a groundmounted solar photovoltaic device whereby subscribers receive a bill credit for the electricity generated in proportion to the size of their subscription. 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 Mounted Community Solar Garden. A solar energy system that generates electricity by means of a roof mounted solar photovoltaic device whereby subscribers 9 receive a bill credit for the electricity generated in proportion to the size of their subscription. 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 collectedin the form of heat or light by a solar collector. 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. Roof mounted community solar gardens shall be allowed as an accessory use in all zoning districts. Ground mounted community solar gardens shall be allowed as a primary use in all zoning districts with a conditional use permit. c.Placementand Design 1.Height (a)Roof or buildingmounted SESare allowed to be ten (10) feet higher than shall not exceedthe 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. 10 (b)Groundmounted SESshall not exceed the height of an allowed accessory structure within the zoning districtwhen oriented at maximum tilt. (c)Community Solar Gardens shall not exceed the height of an allowed primary structure within the zoning district when oriented at maximum tilt. 2.Placement (a)Groundmounted SES must maintain a five (5)foot setback to any property line.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 or buildingmountedSESmay shall notextend two (2) feet beyond the required setbacks of the building on which the system is mounted. (c)Ground Mounted Community Solar Gardens shall comply with the building setback limitations for the district in which the system is located. (d)Roof Mounted Community Solar Gardens. The collector surface and mounting devices for roof mounted community solar gardens may extend two (2) feet 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. 34.Visibility (a)SESare a visible sign of the City’s commitment to sustainability, but shall be designed to blend into the architecture of the building or landscape. 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 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. 11 4.Design (a)Ground Mounted Community Solar Gardens (1)Large-scale removal of mature trees on the site is discouraged. Removal of significant trees on the site must comply with the tree preservation ordinance. (2)The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources. (3)Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. (4)The applicant shall submit a financial surety to equal one hundred fifty (150) percent of the costs to meet the beneficial habitat standard. The financial guarantee shallremain in effect until vegetation is sufficiently established. 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. 12.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 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 tothe operator’s regular electrical service provider in accordance with any agreementprovided by the same or applicable legislation. 24.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. 35.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. 12 e.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. 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.f.Abandonment A SES or Community Solar Garden 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 nuisancesubject 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. 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).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 fluid thatabsorbs 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. 13 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. 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. 14 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 anycompetent 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 these regulations or theapplication of them to other developers or circumstances. 15