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HomeMy WebLinkAbout2018-12-17 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Council Chambers 1830 County Road B East Monday, December 17, 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. November 19, 2018 5. New Business a. Emerald Ash Borer Update b. Tree Canopy Study C. 2018 Environmental and Natural Resources Commission Annual Report 6. Unfinished Business a. Renewable Energy Ordinance 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations a. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, November 19, 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 7:00 p.m. by Acting Chairperson Redmond. 2. ROLL CALL Keith Buttleman, Commissioner Present Mollie Miller, Commissioner Absent Candace Okeson, Commissioner Present Ann Palzer, Commissioner Present Ted Redmond, Vice Chair Present Ryan Ries, Chairperson Absent Tom Sinn, Commissioner Absent Staff Present Shann Finwall, Environmental Planner Chris Swanson, Environmental & Code Specialist 3. APPROVAL OF AGENDA 01 A ` Acting Chairperson Redmond requested the addition of 8 a. - Climate Adaptation. Acting Chairperson Redmond moved to approve the agenda as amended. Seconded by Commissioner Palzer. Ayes —All The motion passed. 4. APPROVAL OF MINUTES Commissioner Palzer moved to approve the October 15, 2018. Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Okeson. Ayes —Acting Chairperson Redmond & Commissioner Palzer Abstention — Commissioner's Buttleman, & Okeson The motion passed. November 19, 2018 1 Environmental and Natural Resources Commission Meeting Minutes 5. UNFINISHED BUSINESS a. Renewable Energy Ordinance i. Environmental Planner, Shann Finwall gave the report on the Renewable Energy Ordinance. The ENR Commission requested additional information the visibility of solar systems on buildings and community solar gardens. Staff will bring back the Renewable Energy Ordinance in December with this information. 6. NEW BUSINESS None. 7. VISITOR PRESENTATIONS None present. 8. COMMISSION PRESENTATIONS a. Climate Adaptation Acting Chairperson Redmond reported that his firm, paleBLUEdot, was awarded a grant from the Minnesota Pollution Control Agency for Climate Adaptation studies. He will be working with the Cities of Maplewood, Burnsville, and Faribault to create climate adaptation goals as part of the grant. 9. STAFF PRESENTATIONS a. Update on Maplewood Trash and Recycling Contracts Chris Swanson stated that the City's residential trash and recycling contracts will end December 31, 2019. The city will be reviewing opportunities to negotiate new contracts with the existing haulers, or go out for request for proposals. The city will be receiving technical assistance from Ramsey County to assist with the contract reviews. Additional details will be brought before the ENR Commission in early 2019. Chris also reported that his last day with the City of Maplewood is November 29, 2018. He thanked the ENR Commission for working with him over his tenure. b. Maplewood Nature Center Master Plan Commissioners Palzer and Okeson volunteered to assist with the Maplewood Nature Center Master Plan. C. Merrick Food Shelf Volunteer Opportunity— December 3, 2018, from 3 to 5:30 p.m. The ENR Commission has an opportunity to volunteer at a local food shelf on December 3 as part of the Commission's research for the Community Food Assessment. The food shelf is located at Gustavus Lutheran Church, 1669 Arcade Street, St. Paul. This food shelf services members of Maplewood and surrounding communities. d. January and February 2019 ENR Commission Meetings i. January Meeting rescheduled to Wednesday, January 23, 2019 due to the Presidents Day holiday. November 19, 2018 2 Environmental and Natural Resources Commission Meeting Minutes ii. February Meeting rescheduled to Tuesday, February 26, 2019 due to the Martin Luther King Day holiday. e. Maplewood Nature Center Programs i. The ENR Commission presented upcoming Nature Center programs. For more information contact the Maplewood Nature Center at (651) 249-2170. 10. ADJOURNMENT Acting Chairperson Redmond adjourned the meeting at 8:07 p.m. i� r4Rr November 19, 2018 3 Environmental and Natural Resources Commission Meeting Minutes Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date December 17, 2018 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Virginia Gaynor, Natural Resources Coordinator PRESENTER: Virginia Gaynor, Natural Resources Coordinator AGENDA ITEM: Emerald Ash Borer Management Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: In 2017 the first case of Emerald Ash Borer (EAB) was documented in Maplewood and the city began implementing its EAB Management Plan. Recommended Action: Discussion only. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0 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. Managing EAB is essential for public safety and to ensure the long-term health and well-being of Maplewood's urban forest. Background Maplewood's 2011 tree inventory documented 2,037 ash trees in city parks and on city boulevards (21% of trees inventoried). In 2009, the first case of EAB was documented in St. Paul. EAB is a beetle that tunnels beneath the bark of ash trees, cutting off a tree's circulation network. If infestation is high enough, the tree dies. Some states have lost millions of ash trees to this insect. We anticipate losing most of the ash trees in Maplewood in the next 10-20 years. Maplewood updated its EAB Management Plan in April 2018. Key components of the plan are: 1) inspection, 2) removal, 3) replanting, and 4) education and outreach. The City Council chose not to allow for pesticide treatment of city ash trees. To fund EAB management, the City Council allocated $100,000 in the Capital Improvement Plan (CIP) for 2018. The CIP proposes $150,000 per year for the next several years. In Spring 2017, the first confirmed case of EAB was documented in Maplewood at Carver Elementary School. Later that year the city's tree inventory data was transferred to Cartegraph asset management software. This software allows us to track removals and planting so we will be able to better manage city trees. Below is a summary of EAB management activities since 2017. Spring 2017 First case of EAB in Maplewood confirmed August 2017 EAB presentation for residents October 2017 EAB presentation for residents Winter 2017-18 City crews removed 103 public ash trees April 2018 Conducted inspections and notified properties with EAB June 2018 Ground stumps of the 103 public ash trees removed Oct 2018 City hosts EAB Open House Fall 2018 Planted 29 public trees Nov 2018 Marked 150 public trees for removal Inspections. In April 2018, the Minnesota Department of Agriculture (MDA) staff trained city staff and our contracted forester to inspect ash for EAB and helped conduct inspections throughout Maplewood. The recommended protocol involves driving through neighborhoods in winter looking for woodpecking activity and patchy or cracked bark. If an ash tree has these, we then use binoculars to see if any EAB tunnels are visible in areas where the bark is split. For a video on this method, see www.mda.state.mn.us/eab. Inspections were done on both public and private land. Twenty-three additional trees with EAB were documented during the April inspection. The location of these trees is documented on the MDA's on-line EAB map, which is updated regularly (www.mda.state.mn.us/eab). Public trees that are positive for EAB are added to the city's removal list. The city does not require removal of private trees with EAB. If we find a private tree with EAB during inspections, we mark it with ribbon and notify the owner. In the letter we encourage the owner to remove the tree, or to hire an arborist if they are considering treating the tree. We warn people that ash trees are extremely brittle as they die and are much more dangerous and expensive to remove once they are dead. Removals. The city's goal is to remove all park and boulevard trees that are infested with EAB. This does not include trees in natural areas. Maplewood's EAB Management Plan promotes removing some trees before they have EAB to help spread out cost and labor. Removals are done in winter, when the beetles are not active. In winter 2017-2018, city crews removed 103 ash trees. Since only one tree with EAB had been documented at that point, we targeted boulevard ash throughout the city that were in poor condition. In addition, in the neighborhood adjacent to the first documented case, we removed all the boulevard ash, regardless of condition. Residents with private ash trees are not required to treat or remove them, unless they become hazard trees. The city does not have a program to assist owners with removal costs. Replanting. The city's goal is 1:1 replacement of ash trees. When we remove a boulevard tree, we offer the property owner a new boulevard tree if they agree to water it the first year. Seven different tree species were offered after the 2017-18 winter removals. Of the 100 boulevard trees 2 taken, 30 were in a neighborhood due for street reconstruction in a few years and will be replanted after streets are reconstructed. Seventy residences were offered a replacement tree. Only 28 of the 70 properties requested a replacement. City staff was surprised that so few homeowners wanted a tree and we are looking at ways to generate more interest in trees and in tree planting. One of the city's aims in replanting is to increase the diversity of trees in Maplewood. In the 2011 inventory, three genera of trees made up nearly 60% of the boulevard and park trees: ash (21%), maple (19%), and spruce (17%). Each year we hope to offer a slightly different selection of trees to help diversify Maplewood's urban forest. For support in replacing trees on private land that succumb to EAB, residents can participate in the city's Tree Rebate Program, which offers a cost-share rebate for tree planting. City Council is currently exploring whether to replace the Rebate Program with an annual tree sale. Education and Outreach. Maplewood's EAB webpage provides educational information for residents (www.maplewoodmn.gov/eab). In 2017, the city presented two education sessions for homeowners. One of these was videotaped and can be viewed on the EAB webpage. In October 2018, city staff and our contracted forester hosted an EAB open house for residents. Maplewood publishes an EAB article in the city newsletter once or twice per year. In addition, as mentioned above, if EAB is confirmed on a site during inspections, the property owner is sent notification and educational information. Upcoming Plans. Ash tree removals are scheduled again for this winter. In November 2018, the city's contracted forester marked 150 trees for removal. He targeted boulevard trees with confirmed EAB, as well as boulevard ash trees in poor condition. In February or March 2019 city staff and the city's contracted forester will do inspections on public and private land. A contractor will plant replacement trees in spring or fall. Staff plans to update educational materials and notifications this winter, including improving information on the value of trees with a goal of improving participation in tree planting efforts. Attachments 1. None 3 Agenda Item 5.b. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date December 17, 2018 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Tree Canopy Study Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The tree canopy study will assist the City in setting goals and strategies to improve the environmental impacts and opportunities related to tree canopy land coverage. Recommended Action: Discussion only. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0 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. As a GreenStep Cities participant, Maplewood is required to report on the percent of tree canopy coverage yearly. The study will assist the City in managing its urban forest and also help the City meet its GreenStep Cities best practices for climate adaptation, resilience, and urban forestry. Background Tree canopy is the major part of a city's green infrastructure, delivering many financial, energy, quality of life, and carbon sequestration benefits. People appreciate and gravitate toward tree-lined streets. Therefore, green infrastructure investments should be made in addition to a city's infrastructure of roads and utilities. Tracking tree canopy coverage and tree diversity are important components of making those investments. Maplewood Tree Canopy and Carbon Sequestration Study The intent of this study is to support the City of Maplewood in understanding the nature and proportion of land coverage throughout the City, and in establishing appropriate goals and strategies to improve the environmental impacts and opportunities related to land coverage. The study calculates and maps tree canopy benefits - including pollution reduction, air quality improvement, carbon sequestration, building energy savings, and overall economic benefit. It also outlines the benefits and impacts of land cover characteristics — such as heat island conditions and contributions, storm water runoff, water uptake, and total carbon sequestration. Finally, the study recommends long-term goals, by neighborhood, for Tree Canopy coverage, lawns and grasslands, and heat island mitigation. The report includes a menu of over fifty strategies that the City can choose from and implement to support achieving these long-term goals. All calculations and mapping were developed by neighborhood meaning actions can be prioritized for each neighborhood of the City. Ted Redmond, co-owner of pale BLUE dot, and Environmental and Natural Resources Commissioner, will present the findings of the Maplewood Tree Canopy Study during the December Commission meeting. Attachments 1. Findings and Recommendation Sections of the Maplewood Tree Canopy and Carbon Sequestration Study Links 1. Link to full Maplewood Tree Canopy and Carbon Sequestration Study: http://www.oiuedotregister.orgicarbon-copy/2018/12/13/tree-canopy-heat-island-and-carbon- sequestration-study-for-the-city-of-maplewood 2 Attachment 1 00 Section Findings Click to Return to TOC paleBWEdot Maplewood Tree Canopy Survey and Carbon Sequestration Study 6-1 04 Findings The health of the City s green infrastructure and the impacts of impervious land cover affect everyone in the City of Maplewood and City policies and actions should consider needs of the entire community. As with all planning efforts landcover planning benefits from analysis in order to assist in establishing priorities for efforts. An effort to structure a prioritization should not be seen as an attempt to discard the need to address or improve land cover impacts for any neighborhood of the City-whether or not it is defined as one of the priority neighborhoods. Prioritization, however, is necessary to ensure the greatest impact and effectiveness of limited City resources. To assist in prioritization, in the following pages, this report reviews the community Green Infrastructure and Impervious Surface data through filters =in order to arrive at a recommended prioritization of neighborhoods for policy action. These filters =Ire based on the land coverage information detailed in Section 2 of this report. Side-By-Side Comparison ■ Impervious Dark The bar chart below provides a side-by- side comparison of the of land cover data detailed in Section 2, by Neighborhood. Impervious Light —�\ ■Water f p� ■ Grass/Shrub ■Trees Carver Ridge Highwoof: Battle Creel ® Parksede Hillsdie Gladst;---. Maplewood Heibi Sherwood Gler Vesta Hills, AE6 ME Beaver Lake (96 9 Western Hills Kohlman Lake Hazelwooc 30�- 40( -04t 6046 - 80Q6 90'fi 10C 6-2 Maplewood Tree Canopy Survey and Carbon Sequestration Study paleBWEdotLc Findings 00 ��% Landcover Tree Map Visualization The graphic below is a weighted Hazelwood Ma lewood visualization, called a tree map K�his visualization illustrates the proportion of the land coverage by category for each neighborhood. Kohlman Lakeim ®® Sherwood Glen Hillside Western Hills Parkside Gladstone A ■ Impervious Dark MW Beaver M Impervious Light Lake 400-11 , ■Water i .r` p� ■Grass/Shrub Battle 7, Creek ■Trees Vista Hills Highwood Carver Ridge paleBWEdct Maplewood Tree Canopy Survey and Carbon Sequestration Study 6-3 �] Findings Review Criteria - Green Infrastructure Prioritization of locations for increased green infrastructure included in this report is based on an equity approach. This approach reviews a range of land cover and demographic characteristics of each neighborhood in an Environmental Equity Index K=This process is based on procedures developed by the USDA Forest Service. To determine the best locations to plant frees,free canopy and impervious cover maps developed for this report s Section 2 were used in conjunction with 2010 U.S.Census data to produce an index of priority planting areas by neighborhood. Index values were produced for each neighborhood with higher index values relating to higher priority of the area for free planting.This index is a type of environmental equity index with areas with higher human population density, higher economic stress, lower existing free cover, and higher total free canopy potential receiving the higher index value.The criteria used to make the index were: • Tree Stock Potential Levels:Tree stock potential level refers to the ratio of additional free canopy potential to the total area of potential free canopy and existing free canopy coverage. Higher free stock potential levels represent higher potential and priority for free planting. • Population Density:the greater the population density,the greater the priority for tree planting. Population densities shown are estimates based on US Census data by tract. Many census tracts overlap more than one neighborhood. For overlapping census tracts,the population within that census tract was assumed to be evenly distributed with portions of census population attributed to Maplewood neighborhoods in proportion to census tract s land area within each neighborhood. • Economic Stress Density:The social,economic, and environmental benefits of a robust free canopy are a benefit to all community residents, however,those living under economic stress are both more likely to live in areas with lower tree canopy coverage as well as those for whom the benefits have the largest positive impacts. Higher economic stress density values represent higher potential for increasing environmental equity of tree canopy cover. • Tree Canopy per Capita: Lower existing free canopy per capita means a neighborhood has a higher potential for added benefit for increased free canopy. Higher index values relate to higher potential for increased trees per capita. aplewoad Heig l lyd Ohlman La Hazelwood D 8.18 Sherwood Glen Sherwood Glen Parkside 0. 0. estern 8.3 Hil 0.37 Gladstone Hillside dme 0.36 45 Beaver Beaver Lake Maplewood - Tree Stock Potential 0.47 Maplewood - Population Density 0.43 Values (Higher values represent higher opportunity) (Higher values represent higher opportunity) Maplewood Neighborhoods with above Battle Creek Maplewood Neighborhoods with above Battle cry average population density values, 0.7 0.40 average opportunity for improved Tree (representing higher opportunity for tree canopy Stock values: improvements to impact resident populations): Kohlman Lake 0.54 Maplewood Hghts 1.00 Western Hills 0.52 Parkside 0.91 Hazelwood 0.51 Hillside 0.74 Highwood Vista Hills 0.48 Highwood Vista Hills 0.55 0.1 Beaver Lake 0.47 D.34 Gladstone 0.52 Sherwood Glen 0.46 C er Ri a Beaver Lake 0.43 � e 0:33 0,40 6-4 Maplewood Tree Canopy Survey and Carbon Sequestration Study poleBLUEdot__ . Findings 00 IAO�� aplewood Helg 0 ohlman La Hazelwood I71mV�@;d 0.37 0.57 0Z Sherwood Glen Sherwood Glen 0, Parkside 0.9 Gladstone 0.93 0.54 Hillside Hillside 42 78 Beaver Lake Maplewood - Economic Stress Density Maplewood - Tree Cover Per Capita 0'94 (Higher values represent higher opportunity) (Higher values represent higher opportunity) Maplewood Neighborhoods with above Maplewood Neighborhoods with above average economic stress density values, Battle Creek Battle Creek 0.2 average tree cover per capita values, 0.82 (representing higher opportunity for tree canopy (representing higher opportunity for tree canopy equity among populations undereconomic stress): Vista Hills f . equity among all residents): Beaver Lake 1.00 0.2 Western Hills 1.00 Western Hills 0.88 Parkside 0.87 Hazelwood 0.99 Maplewood Hghts 0.66 Highwood Maplewood Hghts 0.98 Highwood Hazelwood 0.57 0 Gladstone 0.98 4.54 Sherwood Glen 0.54 Vista Hills 0.97 •� er Ri a Kohlman Lake 0.96 er Ric e 1*4 Gladstone 0.54 0 0 1 00 paleBLUEdc,+ Maplewood Tree Canopy Survey and Carbon Sequestration Study 6-5 �] Findings Neighborhood Priority Ranking - Green Infrastructure Prioritization of locations for increased green infrastructure included in this report is based on an equity approach. This approach reviews a range of land cover and demographic characteristics of each neighborhood in an Environmental Equity Index K=This process is based on procedures developed by the USDA Forest Service. Rankings represent the recommended prioritization of neighborhoods to receive an increased focus in tree canopy improvement/advancement policies and efforts. Rankings were calculated based on a weighted indexing of the following values: Tree Stocking Levels: 40%weighted value -weights neighborhoods that have higher potential for increased tree canopy. Population Density: 10%weighted value -weights neighborhoods that have higher potential to impact more residents. Economic Stress Density: 30%weighted value -weights neighborhoods that have higher potential to impact residents living under economic stress. Tree Canopy per Capita: 20%weighted value -weights neighborhoods that have higher potential for tree canopy equity among all residents. Sherwood Glen Maplewood - Neighborhood w4wft 9 Ranking for Increases in Green Gla st ne 10 Infrastructure Western Hills 1 Beaver Lake 2 Hazelwood 3 Maplewood Heights 4 Kohlman Lake 5 Parkside 6 Hillside 7 sattle creek Vista Hills 8 Sherwood Glen 9 vista Hills Gladstone 10 o� Battle Creek 11 Carver Ridge 12 Highwood Highwood 13 13 er Ri e 12 6-6 Maplewood Tree Canopy Survey and Carbon Sequestration Study f.. ifLLJE ` ,:. � Findings OA Neighborhood Priority Ranking - Heat Island Heat island refers to the phenomenon of higher atmospheric and surface temperatures occurring in developed areas than those experienced in the surrounding rural areas due to human activities and infrastructure. Increased heat indicies during summer months due to heat island effects effectively raise human discomfort and health risk levels in developed areas, especially during heat waves. Prioritization of locations for increased strategies for addressing heat island effects included in this report is based on the intensity of dark impervious surfaces and the corresponding estimated calculations of significance of heat island contribution. Neighborhoods with higher dark impervious surface coverage and heat island contribution values rank highest for prioritization of heat island strategies. ohlman La 11 Sherwood Glen 5 Maplewood - Neighborhood 6 Gladstone Ranking for Increases in Heat Island 74 � 7 H`'6'de�' Reduction Strategies 9: Hazelwood 1 Beaver Lake 2 Maplewood Heights 3 Western Hills 4 Sherwood Glen 5 Parkside 6 Gladstone 7 Battle creek 1x Vista Hills 8 Hillside 9 visa Hills Highwood 10 $ Kohlman Lake 11 Battle Creek 12 HighwQod � 1a Carver Ridge 13 �r R e 13 poleBLUEdot Maplewood Tree Canopy Survey and Carbon Sequestration Study 6-7 r ori fAl ' p- •' g�p �� :�'`• +• ""'rw tie F� -- Y � ,, - Q9 yrs _ 00 *A - a , v i irA u y N 00 ��% Section Recommendations Click to Return to TOC paleBWEdot Maplewood Tree Canopy Survey and Carbon Sequestration Study 7-1 04 Recommendations �� v§ As summarized at the end of this Section,this report recommends goals for • °' Lawns and Grasslands City Wide Tree Canopy ® Heat Island Mitigation The following are detailed recommendations for City Wide Tree Canopy coverage goals for the City of Maplewood from the research documented in this report. Recommendations -Tree Canopy Coverage Goal for 2040 Total free canopy coverage goals are central to long-range land cover goal recommendations for the City of Maplewood. In support of an Environmental Equity =approach to free canopy goalseffing, ss outlined in the Findings Section of this report, identification of long-term free canopy coverage goals includes consideration of each neighborhood s Tree Stock value (the amount of existing free canopy compared to available land for free canopy coverage), population densities, economic stress densities, and existing tree cover per capita. The recommended goals for 2040 Tree Canopy coverage are based on individual neighborhood calculations, corresponding to the neighborhood priorifizafions outlined in the Findings Section of this report. 2040 Tree Canopy goals are first calculated as Tree Stock goals, that is, goals calculated against the total potential Tree Stock area (existing tree canopy area +existing lawn/grass/shrub area),with a progressive percentage increase goal based on neighborhood prioritization. As the total Tree Stock area (potential free canopy) varies by neighborhood, the resulting Tree Canopy percentage varies for each neighborhood. The recommended Tree Stock increase goals are: For neighborhoods in the top 1/3rd Neighborhood Priority Ranking: 15% For neighborhoods in middle 1/3rd Neighborhood Priority Ranking: 10% For neighborhoods in bottom 1/3rd Neighborhood Priority Ranking:5% The recommended long-term (2040) increase in Tree Stock values, and the increase in Tree Canopy coverage those represent by neighborhood are shown below. Recommendations Recommendations Tree Stock Increase Goal for 2040 Tree Canopy Percentage Increase Goal for 2040 0 Hazelwood 1 Q, , 8.68% Sherwood Glen Sherwood Glen 1 Parkside 7. 10% Gladstone 6.47% Gladstone 5% Hillside 3.13% % Battle Creek Battle Creek 5% 4.07% Vista HiIIS Vista Hills 10% 7.08% Highwood Highwood 3.81 C r Ri e C r Ri e 5°/a 4.2996 7-2 Maplewood Tree Canopy Survey and Carbon Sequestration Study BLUE Recommendations OA AS f i r r i Recommendations Tree Canopy Coverage as Neighborhood Percentage Goal for 2040 (CT) The resulting projected Tree Cover Canopy for 2040 as percentage of total neighborhood area, based on the ohlman La Hazelwood recommendations on the previous page, are shown to the Right. 37.19 36.88% Sherwood Glen Parkside 45.3 estern Hill 47.47% Gladstone 38.99% 43.23% HCOde City Wide Average 2040 Tree Canopy Coverage Goal (CT) 44.427o eeaverLake -0140.74% Total Vista Hills 43.58% e paleBLUEdot Maplewood Tree Canopy Survey and Carbon Sequestration Study 7-3 Recommendations �IRA New Tree Plantings Needed to Achieve Tree Canopy Coverage Goal for 2040 While it is easy to think of the long range Tree Canopy coverage goals for each nieghborhood in terms of planting trees, it is critical that Tree Canopy enhancement goals include a combination of tree protection, tree maintenance, and tree planting in order to be fully realized and efficiently implemented. A common calculation used to determine the new tree planting requirements in order to meet the long-range Tree Canopy coverage goals, while recognizing the impacts of tree canopy growth and mortality was established by a 2002 Report to North East State Forester Association by Luley and Bond. That report offers the following conceptual analysis for increasing UTC: CB + CG-CM + CN = CT Where: CB= the existing Tree Canopy; CG= the growth of existing Tree Canopy (protection and maintenance); CM= Tree Canopy mortality or loss due to natural and man -induced causes. CN=Tree Canopy increase from new trees (planting); and CT= total Tree Canopy Result (or goal) Yw 4. f i _ • .r..- •_yam,. r. _: :,;�, , 6 1 �• Y 7-4 Maplewood Tree Canopy Survey and Carbon Sequestration Study BLUE: Recommendations OA f� Translating Tree Canopy Coverage Goal To New Tree Plantir e-, rr ..;, h Pr14— r:^r-.' apiewood Heig s Consideration of tree canopy growth rate is important in 5 anticipating long-range tree canopy goals and annual himan La new planting needs. According to the 2014 USDA report 5.12 Forests in Minnesota 14he average growth rate for non- managed forests in Minnesota is 2%while the average Shewaad Glen growth rate for managed forests is 2.5%annually. Western Hill 9' 382 Gladstone 7.85 Translating Tree Canopy Coverage Goal To New Tree Planting - Mortality Rates (CM) Total Estimated Annual Growth of As with growth rate, consideration of tree canopy mortality Existing Tree Canopy in Acres (CG) is necessary for long-range Tree Canopy planning. According to the 2014 USDA report Forests in Minnesota I City of Maplewood Total: 107.96 the average mortality rate for non-managed forests in Acres Annually Minnesota is 1.86%while the average mortality rate for managed forests is 1.5%annual. There are few studies exploring mortality rates for trees in urban and suburban BatileCreek settings, those studies that exist indicate a range from 2.7% 9.40 for general suburban trees and 3.5%to 14%for street trees*. visna Hills As many trees in the City of Maplewood exist in forest type 4.80 setting on publicly owned land and much of the balance are general suburban trees observed regularly and likely H"tOW04d seen as having value,we recommend using a blended 1a5 base mortality rate of 1.9%. er Ri 5.32 Ash Tree Mortality Ash trees are projected to be significantly impacted by the infestation of the Emerald Ash Borer insect. Long-term tree canopy planning for the City of Maplewood should anticipate substantial (complete for all non-treated trees) Ash tree mortality within the next 10-15 years. ��e"a wd�'� hlman La Hazelwood According to City of Maplewood EAB management plan, 444 1089 Ash trees represent approximately 19%of the trees in Maplewood parks. The exact extent of Ash trees City-Wide Sherwood Glen has not been surveyed, however, according to a 2012 estern Hill 7 study by Whittier College and the University of Minnesota, 331 Gladstone (Potential impacts of emerald ash borer invasion on No biogeochemical and water cycling in residential iow, Estimated Annual Mortality of landscapes across a metropolitan region) Ash trees Existing Tree Canopy (CM) comprise approximately 6%of trees located in residential areas within the Twin City metro. Tree surveys for the City of 93 56 Beaver Lake St Paul place total Ash tree population at 25%of all trees in City of Maplewood Total: 70z8 � that City. Acres 9,456 We recommend a detailed tree species study be Trees Annually conducted to identify the city wide canopy make-up by species. Until that detailed information is available, this report will use an assumed average City-Wide ash tree vista Hills 416 coverage of 10%, for an an additional annualized tree canopy loss of 0.667%due to potential Emerald Ash Borer *How Many Trees Are Enough?Tree loss over 15 years. With this Ash tree mortality adjustment, Death and the Urban Canopy the total recommended tree canopy mortality rate for hffps://scenariojournal.com/article/ er Ri e long-range tree canopy planning is 2.8complete% how-many-trees-are-enough/ 461 paleBLUE�::•`t Maplewood Tree Canopy Survey and Carbon Sequestration Study 7-5 04 Recommendations �� Translating Tree Canopy Coverage Goal To New T- Tree°�� *" �,w Tree Planting Annual Target(CN) plewood Heig Using the new planting requirement calculation 2 method (CB + CG-CM + CN = CT) with the 30 previously defined values for existing tree canopy (CB), growth rates (CG), mortality rates (CM), and Sherwood Glen the 2040 Tree Canopy (CT) goals by neightborhood Western 30 Gladstone the required number of new trees to be planted to 217 �1� meet that goal can be identified. New Tree Planting Annual Target to The map to the right shows the annual new tree Meet 2040 Tree Canopy Goal (CN) count required to meet the 2040 tree canopy goals for each neighborhood. City of Maplewood Total: 1 1 .000 Note,Acreage represents the Trees Annually Annual Path to 2040 Tree Canopy Cover Goal canopy coverage at year of The chart below shows the City wide average values planting,with an assumed 20 new tree crown radius of 5'. Acres Annually Battle Creek for year beginning canopy cover (CB), annual 743 growth rate (CG), mortality rate (CM), the new tree planting targets (CN) and the year end tree canopy Vista Hills goal (CT) for each year through the 2040 goal. 759 CB CG CM CN CT Canopy Highwood Year (acres) (acres) (acres) (acres) (acres) Cover% 146 er Ric e 2018 4,318 + 108 - 94 + 20 - 4,353 37.62% s1 2019 4,353 + 109 - 94 + 20 - 4,387 37.91% 2020 4,387 + 110 - 95 + 20 4,422 38.21% 2021 4,422 + 111 - 96 + 20 - 4,457 38.51% 2022 4,457 + 111 - 97 + 20 = 4,492 38.82% 2023 4,492 + 112 - 97 + 20 = 4,527 39.12% 2024 4,527 + 113 - 98 + 20 - 4,562 39.42% 2025 4,562 + 114 - 99 + 20 - 4,597 39.73% 2026 4,597 + 115 - 100 + 20 = 4,632 40.03% 2027 4,632 + 116 - 100 + 20 _ 4,668 40.34% 2028 4,668 + 117 - 101 + 20 - 4,703 40.64% 2029 4,703 + 118 - 102 + 20 - 4,739 40.95 2030 4,739 + 118 - 103 + 20 - 4,775 41.26% 2031 4,775 + 119 - 103 + 20 - 4,811 41.57% 2032 4,811 + 120 - 104 + 20 = 4,847 41.88% 2033 4,847 + 121 - 105 + 20 - 4,883 42.20% 2034 4,883 + 122 - 106 + 20 _ 4,919 42.51% 2035 4,919 + 123 - 107 + 20 4,956 42.83% 2036 4,956 + 124 - 107 + 20 4,992 43.14% 2037 4,992 + 125 - 108 + 20 5,029 43.46% 2038 5,029 + 126 - 109 + 20 5,066 43.78% 2039 5,066 + 127 - 110 + 20 5,102 44.10 2040 5,102 + 128 - 111 + 20 5,140 44.42 7-6 Maplewood Tree Canopy Survey and Carbon Sequestration Study poleBLUEd t Recommendations OA �� Calculating Benefits of 2040 Tree Canopy Coverage Goal Using the same calculations as those used in Section 3, the maps below, and on the next page, illustrate the value of the added annual benefits of the 2040 Tree Canopy Coverage Gaol. avmd Heig 4� estern Hil 358,934 Gladstone 184 224 Additional Annual Carbon Sequestration by Achieving 2040 Tree Canopy Goal City of Maplewood Total: 6.17 Million Pounds This is equivalent to 4,745,000 Car- Battle Creek Miles,bringing the total tree canopy 235,705 p� sequestration equal to approximately 7.9/o vista Hills of all car-miles traveled in the City of 279,715 Maplewood annually. Highwood 241,8 C ver Ri e 34,33 aplewcad HeigTifs 1,28 'u himan La 1,471,9 sherwood Glen Parkside 1,503 U47 estern Hill 1,522,023 Gladstone ,050,18 544 524 Hillside L� ,525 Additional Annual Water Uptake by Achieving 2040 Tree Canopy Goal City of Maplewood Total: 18.3 Million Gallons Battle Creek 700,119 Vista Hills 827,071 Highwood 715,2 C ver Ri e 95,99 paleBLUEdot Maplewood Tree Canopy Survey and Carbon Sequestration Study 7-7 04 Recommendations Total Increase in Annual Value of Increase in Annual Tree Canopy Tree Canopy Benefits by Achieving Economic Value per Person by 2040 Goal Achieving 2040 Goal City of Maplewood Total: City of Maplewood Average: S36/Person S1 .408.152 Maplewood Neighborhood High72/Person Ever Ridge Maplewood Neighborhood Low: $8/Person Gladstone pfewaQd.NEyaplewood Heig $� him Hazelwood $11 $27.89 Sherwood Glen f$es;terngHill Parkside $715.$11 kside Gladstone estern Hill Parkside81,71 Hillside $30.87 Gladstone $42,004 :620 $20.33 8.7 6 Baffle Creek Battle Creek $54,001 $35.46 Vista Hills Vista Hills $63,746 $23.21 Hlghwood $55,17 Highwood $14.1 C ver Ri ge 30,62 C e 7-8 Maplewood Tree Canopy Survey and Carbon Sequestration Study po, e,BLUEco+ Recommendations OA f� Recommendations - Heat Island Reduction Goal for 2040 As described in Section 5 of this report, the quantity and type of impervious surfaces throughout the city contribute to heat island effects. Through reduction of impervious surfaces, especially dark surfaces with high energy absorption, the City can mitigate future heat island effects. We recommend a goal to reduce dark impervious surfaces by an average of 5%throughout the City by 2040. To achieve this, we recommend the following sub-goals: 1) Decrease dark roofing through conversion to Green Roof systems 100 of City Roof stock 2) Decrease dark roofing through conversion to cool roof Systems 300 of City Roof stock 3) Decrease dark pavement through conversion to cool pavement Systems 100 of City pavement stock 4) Decrease dark pavement through conversion to pervious pavement Systems 2%of City pavement stock 5) Decrease impact of dark pavement through increase in parking tree canopy coverage 5%of City pavement stock (assumes 15-20%coverage of all parking areas). The graphics below illustrate the effective reduction in dark 4mpervious surface cover percentage and the resulting reduction in heat island effect temperature. ap4ewood Heig aplewood Ne3g 6. 1 Hazelwood Hazelwood 7.58% 1.3 Sherwood Glen Sherwood Glen Parkside 5,9 Parkside 1, es,arn Hil 5.80$6 Gladstone extern Hil 0.99 Gladstone 6.05% 5.4596 1.03 0.93 Hilkside Decrease in Dark Impervious Beaver Lake Decrease in Heat Island Temperature Beaver Lake Surface Percentage by Achieving 7.18% by Achieving 2040 Heat Island 1.23 2040 Heat Island Reduction Goal Reduction Goal City of Maplewood Average:5.6 7% City of Maplewood Average:0.9 70 Neighborhood High: 7•58/o Neighborhood High: 1 .30 Hazelwood ista Hills Hazelwood Neighborhood Low: 1 .87o 5.29% Neighborhood Low: 0.30 Carver Ridge Carver Ridge Highway;: 4. poleBLUEdot Maplewood Tree Canopy Survey and Carbon Sequestration Study y-g 04 Recommendations l�4.61§ Recommendations - Goals Based on the 2040 Tree Canopy Cover and 2040 Heat Island Reduction goals outlined in the previous pages, we offer the recommended Goals below. In Section 8 a range of recommended strategies to support each of these goals is provided. Lawns and Grasslands L1: Increase pollinator supportiveness of lawns and grasslands in City of Maplewood L2: Increase Carbon Sequestration values of lawns and grasslands in City of Maplewood Tree Canopy T1: Promote Heat Island awareness and education among residents and businesses T2: Increase tree canopy coverage city-wide to meet long-term canopy goals for each neighborhood (see page 7-2 and 7-3) T3: Increase resilience of Maplewood tree canopy T4: Increase carbon sequestration potential of new plantings T5: Improve tree canopy mortality rates T6: Create economic development potential in support of tree canopy health and expansion T7: Increase stormwater retention and reduce water runoff T8: Create strategic compatibility between city wide tree canopy and renewable energy goals Heat Island Mitigation HI: Promote Heat Island awareness and education among residents and businesses H2: Decrease Heat Island impacts of pavement in Maplewood H3: Decrease Heat Island impacts of buildings in Maplewood 7-10 Maplewood Tree Canopy Survey and Carbon Sequestration Study paleBWEdoti( Agenda Item 5.c. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date December 17, 2018 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: 2018 Environmental and Natural Resources Commission Annual Report Action Requested: ✓ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Annually the Environmental and Natural Resources Commission submits a report to the City Council. Recommended Action: Recommend approval of the 2018 Environmental and Natural Resources Commission Annual Report. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0 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. The annual report serves as an important means of updating the City Council and the Community on the Commission's accomplishments and goals. Background Attached to this memo is a draft of the 2018 Environmental and Natural Resources Commission Annual Report. The report will be included in the 2018 Community Development Department's Annual Report and will include updates from each commission and board staffed by the department, and department projects and initiatives. The report will be presented during the State of the City event on January 10, 2019, and to the City Council in early 2018. Attachments 1. 2018 Environmental and Natural Resources Commission Annual Report (Draft) ENR 2018 Actions and Activities C&IFA) E The Environmental and Natural Resources (ENR)Commission I " OMMUWIT A TION!' is an important piece of the City's environmental planning efforts.The ENR's mission includes developing and promoting sustainable practices for City policies and procedures. On June 2018 the GreenStep Cities awarded Maplewood for , meeting its Step 5 goals, the program's highest level.To achieve this designation a City must measure and report core and operational sustainability metrics, and every year MAPLEWO The ENR Commission spotlighted Maplewood's energy programs at this PARTICIPATED IN THEthereafter show improvement on those year's EcoExperience at the Minnesota State Fair. GREENSTEP CITIES metrics. PROGRAM SINCE 2010 Looking Ahead to 2019 In the 2017 reporting year Maplewood improved on the following metrics: In 2019, the ENR will continue to carry out its mission as follows: City operations: Establish environmental priorities for the City. Decrease in gasoline vehicle miles traveled Make recommendations on policies, procedures and •Decrease in energy use from City buildings ordinances that control, protect, preserve, and enhance the •Increase in percent of LED street lights City's environmental assets. • Participate in the mission and goal of the Maplewood Nature City-wide: Center and Neighborhood Preserves. Decrease in solid waste generated per city resident per day Promote greater use and appreciation of the City's Increase in percent of residential waste recycled environmental assets. Increase in renewable energy generation sites Sponsor environmental projects to enhance, repair, replace, Increase in the number of local food venues or restore neglected or deteriorating environmental assets Decrease in greenhouse gas emissions from residential Develop educational programs that foster the mission of the waste generated Commission. Increase in private green certified buildings Develop and promote sustainable practices for City policies and procedures. ReviewedEnvironmental Issues in 2018 Wakefield Park Community Building Renewable Energy Ordinance McKnightWetland Buffer Variance 832 '•.• South 2040 Comprehensive Plan Drafting and Review Community Food Assessment HouseholdReview of Maplewood Trash and Recycling Program Gladstone Phase 3 Corridor Improvements Greenhouse Gas Emissions from Consumption Wakefield Lake Water Quality ProposalWakefield Park Building Solar Panel ... Enerfy Program Stormwater Management Ordinance Amendments Maplewood Nature Center Master Plan .D Phase 11 and MS4 Permit, 2017 ... , nnual Report Emerald Ash Borer Update Urban Agriculture Ordinance Amendments Tree Canopy 6f�qll • The ENR promotes sustainable practices by 2018 ENR Membership participating in the following events: • Spring Clean Up Ryan Ries—Chairperson Member since 8/20/15;Term Expired 9/30/18* • Arbor Day Event _ •Mc Ries is not seeking an addtional term,so there is a • Waterfest vacancy which will be filled in 2019. • National Night Out • Minnesota State Fair Eco Experience Ted Redmond—vice-chairperson Bridging Tour Member since 11/14/16;Term Expires 9130119 • Merrick Food Shelf Volunteer Opportunity ' " ' ' ' Ann Palzer—Member Member since 9/22/14;Term Expires 9/30/20 Keith Buttleman—Member 1 • • • - • • • - ••- Member since 1/25/16;Term Expires 9/30/21 Mollie Miller—Member Member since 7/25/11;Term Expires 9/30/19 b , ••• - - Candace Okeson —Member Member since 9/11/17;Term Expires 9/30/19 . . Tom Sinn—Member ' • F Member since 9/22/14;Term Expires 9/30/20 kr — •„^ NL • • •.• . - . - ... Kathleen Juenemann — Ity Council Liaison a WATERFEST SPONSORSHIP HELPS Shann Finwall—Staff Liaison ,�._ i, THE CITYACHIEVE ENVIRONMENTAL _ EDUCATION GOALS j Agenda Item 6.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSION STAFF REPORT Meeting Date December 17, 2018 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTOR: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: 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. 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? ✓ No ❑ Yes, the true or estimated cost is 0. 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. 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 of renewable energy. It will assist the City in meeting its Comprehensive Plan energy goals. One of the goals states that the City will encourage and support renewable energy by obtaining a minimum of 50 percent of all electric energy from renewable sources by 2040. Background During the November 19, 2018, Environmental and Natural Resources Commission meeting, the Commission requested the following changes to the renewable energy ordinance: 1. Visibility of Solar Systems on Buildings: The Commission recommended the City not regulate the visibility of solar systems on buildings. Previously the ordinance required that the solar energy system blend into the architecture of the building and be screened from view from public right of ways. Following is the proposed amendment: Solar energy systems are a visible sign of the City's commitment to sustainability. The color of the solar collector is not required to be consistent with other roofing or building materials. 2. Community Solar Gardens: The maximum amount of electricity a community solar garden can generate in Minnesota is 1 megawatt. A 1 megawatt project can require an area of 3 to 8 acres of land or a 100,000 square foot roof. The Commission recommended the City regulate community solar gardens based on their acreage. Following is the proposed amendment: Ground mounted community solar gardens as an accessory use that are one acre in size or under are a permitted use in all zoning districts and over one acre in size are allowed with a conditional use permit. Ground mounted community solar gardens as a primary use are allowed with a conditional use permit in all zoning districts. These changes are reflected in the attached renewable energy ordinance. Solar Permitting and Design Review • Building permit fees: Commercial solar permits are based on the cost of the job. On December 10, 2018, the City Council approved a reduction in the residential solar permit fees to a flat $200 fee. • 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 project is $200,000 or less, the project can be reviewed administratively with 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 Board which 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. • Community solar garden conditional use permit fees: The proposed ordinance amendment requires a conditional use permit for ground mounted community solar gardens that are one acre in size or more as an accessory use or any size as a primary use. Conditional use permits cost $1,650 to process. The City Council approved a reduction in the cost of a conditional use permit for a community garden to 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 2 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. Attachments 1. Renewable Energy Ordinance 3 Attachment 1 Updated December 13, 2018 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 er►-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. v.4hi`+h arta 19^ated thte Site fnr V.4hiGhthti generatsn of eReFgy Will be i icon V.gith ovnocc eReFgy diStFihi I4ord mAte the eleGtFiGal `r rir! 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: 1 Feeder Line. Any power line that carries electrical power from one or more wind turbineis) or individual transformers associated with an individual wind turbine to the point of interconnection with the electric power grid. In the case of interconnection with the high voltage transmission systems the point of interconnection shall be the substation serving the WECS. 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 eReFg y MI-11-St ho 1 icon nN_ci+o \nii+h ovnocc oAeFg i rlic+ril-\i 1tAd iN+n the eleGtFiGal god 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 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 eReFgy ho „sod AP ci+o \ ii+h ovnocc �N�Yly\/ rlic+rihi i+or! iN+� +ho tion+rind lrrirl 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. 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,er-Institutional, or Park in the city's Land Use Designations of the Comprehensive Plan. i u (b) G epr! apr! Reef �Aei ipyed CGIFge�v�vRsh'cm-he pFehibilyed pFepeFties guided as paFk nr GpeR creno in the nit y's I and U69 I' eGigRatiGRG A-f Oho (-`A-mr FeheRGiVtQ PIAR 2. Small WECS 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 3 businesses/organizations, residential dwelling units, or adjoining businesses/organizations/residential dwelling units. (4) In all properties guided as Government,er-Institutional, or Park in the city's Land Use Designations of the Comprehensive Plan. f�Fl In all prepeFties g iided as mark in the nity'c I and I Ice I'lesigRatiGRS of the GernpFeheRsiye RaR (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 sixty 60 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 Regative 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. IR additG)rrt�iaethi�uv rdistar--;-; Must be ii-rnrcreased by twenty fide (25) foot frown any pFepert y that is zoned er 111aRReGl feY Yes1I"lent191 Have a minimum setba& distanne fretum the base of the menePele of one enrJ ene_half(1_1/2) times the height from aRY P61bliG Fight G)f way, GGG61pied 6#61GtHFe, GF P6119-10G 1-1-see area. rel\ Wave a minimi-m sethark distenne from the hese of the `�7 menePele of civ h,,Pdred (600) feet from anmi rmrermert y ori iided as park er ermen space in the nity'S I and I Ice DesigRatiens of the ('emrmrehensimie Dlen �e3 Maintain setbacks to bluffs as outlined in Section 18-462 (e) (Slopes). u.a.,e a minimi im sethanL distanne from the hAse of the rvmenermele of one fei firth /1/.\ mile er one t ;d-t#ree h,-,ndread and tweet„ (1 320) feet Prem aR" i (2) Small 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 Small WECS or would lessen the Regative 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. �G4 rge VVEGC a /1\ laFge VVEGC .;II he �Ile�ni en a l.le {�) �argc�v� I�cTr�-rargv�/v��}S�l� e��rrcrSFl�gn. l GtGf e ni--vr,e(1) to five r (5) avrc.T�Al l ether l argerparcel ahe Imm�te j t8 one 1k11I lerrve \/\/Sper fide /F\ erre ff l area. 94 Sm.;ll \4Ez rC e /1\ s .SII \4Ez rC is haII he �Ile�ni en .; l.le ivt--NPt9 one creso-zea. Ali-ether larger parcel; ;A4011 ,vm�he all viead nn�T ell \/VEGS per fide /F\ erre ff 15--Or-ran rarea. Lc d04 Design �1 (1) Tower Configuration. All ground mounted WECS 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 features used for tower access to extend within eight (8) feet of the ground. Lattice-style towers shall have a protective barrier to prevent unauthorized access to the lower eight (8) feet of the tower. (2) Signs. A WECS operator is required to provide a single posting, not to exceed four (4) square feet, at the base of a WECS prohibiting trespassing, warning of high voltage, and providing the emergency contact information for the operator. 2. Roof Mounted WECS. (a) Height (1) Large Roof Mounted WECS: a) Total height shall be established through the conditional use permit process. of net mere than tWenty_five (25) foo+ meed firer-I from the tep of the reef 4e the hlerJe tip at i4c hir-hect peint of trbvel (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. 6 (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. 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. {#} vvvrnmerrvial Imrstal,1arterrs: t4t1r1 �EG�S Si�alrnl he lrirmTryteCto the P1FPE)seof GRr ci4o onorni nrnrli 1n4inn ovnon4 that an�i arlr7i4innal onorn�i nrnrli iron ahnio the,, tyetal,.,II elp edapd_ may be sold to the epee teF's Fe@ i!ar olon4rina1 se�„i mer in annnrrl�n��rth aRy agFeeMeRt r�rnrwided by the Same (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. (q#) Clearance: Rotor blades or airfoils must maintain at least 20 feet of clearance between their lowest point and the ground. (h+) Blade Design: The blade design and materials must be engineered to insure safe operation in an urban area. ( ) 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 RegatiVe impacts to birds and bats and be a non-obtrusive color so not to cause Regative 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. 8 M 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 Regative 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 Community Solar Garden. A ground mounted solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. 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,er Building, or Structure (i.e., parking canopy, etc.) Mounted SES. Solar energy system (panels) that are mounted to the roof,of building, or structure using brackets, stands or other apparatus. 9 Roof Mounted Community Solar Garden. A roof mounted solar energy system that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing or located off-site from the location of the solar energy s sy tem. 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. 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. SES can be roof, building, structure, or ground mounted. 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. Roof, Building, or Structure mounted community solar gardens shall be allowed as an accessory use in all zoning districts. Ground mounted community solar gardens as an accessory use that are one acre in size or under are a permitted use in all zoning districts. Ground mounted community solar gardens as an accessory use that are greater than one acre in size are allowed in all zoning districts with a conditional use permit. Ground mounted community solar gardens as a primary use shall be allowed in all zoning districts with a conditional use permit. 10 C. Placement and Design 1. Height (a) Roof or building mounted SES are allowed to be ten (10) feet higher than ,hall nn+ o, the maximum allowed height in any zoning district. F-ef r ip iurpesesferr height rneas6lTeMeR+ selar systems n+hor+hen b iildinn_ I ntegFate d solar systems shall be ^nnsirdeFe d to be rvmo^hani^al rdeViGes anrd aro restri^te d ^nnsistont V.gith nthor 19 EIGIEnn_mni intorJ mo^hani^al ardLQ,ii^o�.s .v-rv'..r. (b) Ground mounted SES shall not exceed the height of an allowed accessory structure within the zoning district when 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) Ground mounted SES must maintain a five (5) foot setback to any Property line-meet t a^^esse,Y 6#61Gt-IR9 so+ha^L far the -nninn rdistri`t in whi^h i+ is ins+allord (b) Roof or Building Mounted SES. The collector surface and mounting devices for roof or building mounted SES may snarl-rtet extend 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. 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. 37 beverage me -Ems may,Gt eXG--eed aeedGR aGGesse;" strd�ete♦z n/iT^iA tht-99 661bjeGt ZGni rrRdi Fi 34. Visibility (a) SES are a visible sign of the City's commitment to sustainability, shall he designed to-'este t#e �AFGhRtesteFL-9 A-f t#t-9 " aRGI be I-Sr-'reered from rni ItiRe VieW from ni 1bli^ Fight_ef_ways ether than alloys. The color of the solar collector is not required to be consistent with other roofing or building materials. 11 (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.�/ y� V a (n\ Erni inpd- me,HAte��EES-shalUP—M.-M.l be reed ed 1cie�te ktttelt PG66ibie �" i in g them, - env Cnrooninn m� i innl'1dtQ WA116fonnoc nr Ground Mounted Community Solar Gardens shall be screened from view from the public right-of-way and affected properties to the extent possible by setbacks, berming, existing vegetation, landscaping, or a combination thereof. 4. Design (a) Ground Mounted Community Solar Gardens 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. 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. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. 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 shall remain in effect until vegetation is sufficiently established. d. General Standards ,I 4- Wet�cc'r MA-P. Proer U-4 the MpsttAlllc;U49rrvreFter-GtOGR •,rr-vT-ca SES-the epeFater �'�'rr'ust PFGV Q'X ARne CI'1IY\l1 ORg their reg ilar elentFiGal cerVnne pFeyi&F has heep informer-1 of ni 6tnmer_n;ninerl EE& Off grid Syste�+s sh;-;" ?t-9 eXempt#GM thisreqHiFewepr 121. 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. 12 `e mm I All C .SII be limit e p Frew Gf GR site Qrry\i -3- �,�er�a,-�-�Q shall to t#.. to-en"�`J J' de .nr! may be sell to the eperater's reg alar olon4rinal cor lino rrn iirlor in ;_;GGA_.Fd_;_;RGe thanagFeeMeR} prn�aed yt the same er appliGable legisl tiG)R.. 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. 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 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. 13 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 m 1C+ ho16o6 en+s+te- 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. 14 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. 15