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HomeMy WebLinkAbout2021-12-20 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, December 20, 2021 7:00 p.m. Held Remotely Via Conference Call Dial 1-888-788-0099 Meeting ID: 870 4367 3801 Passcode: 580751 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. October 18, 2021 b. November 15, 2021 5. Unfinished Business a. Renewable Energy Ordinance and SolSmart Certification 1) Presentation by Cameron Bailey, Metropolitan Council SolSmart Advisor 2) Renewable Energy Ordinance Amendments 6. New Business a. Climate Emergency Resolution 7. Visitor Presentations 8. Commissioner Presentations 9. Staff Presentations (oral reports) a. January and February Meeting Dates - Reschedule to Tuesday, January 25, 2022, and Tuesday, February 22, 2022 b. Elections of Officers to be Held in January 10. Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, OCTOBER 18, 2021 7:00 P.M. 1.CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m.by Chairperson Palzer. 2.ROLL CALL Rebecca Bryan, CommissionerPresent Kayla Dosser, Vice ChairpersonPresent Mollie Miller, CommissionerAbsent Ann Palzer, ChairpersonPresent Ted Redmond, CommissionerPresent Staff Present Shann Finwall, Environmental Planner 3.APPROVAL OF AGENDA Vice Chairperson Dosser moved to approve the agenda. Seconded by Commissioner Redmond. Ayes – All The motion passed. 4.APPROVAL OF MINUTES CommissionerBryanmoved to approve the September 20, 2021, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Redmond. Ayes – All The motion passed. 5.NEW BUSINESS a.Resolution of Appreciation for Keith Buttleman Commissioner Redmond moved to approve the Resolution of Appreciation for Keith Buttleman. Seconded by Vice Chairperson Dosser. 1 6.UNFINISHED B USINESS a.Renewable Energy Ordinance and SolSmart Certification Environmental Planner Finwall stated Maplewood is designated a Bronze Level SolSmart City. In order to obtain Gold designation the City must ensure all small solar systems can be permitted within three business days. The SolSmart representatives reviewed the City’s Renewable Energy Ordinance and recommended the inclusion of explicit visibility allowances/restrictions for ground- mountedsolar systems that are not community solar gardens. The Commission discussed the solar permitting requirements and the proposed ordinance amendment. Staff will review the City’s solar permitting and draft new language to address the additional ground-mounted solar systems. These items will be brought to the Commission for review in November. 7.VISITOR PRESENTATIONS None. 8.COMMISSIONERPRESENTATIONS None. 9.STAFF PRESENTATIONS a.Update on Harvest Park Native Seed Garden Event Held on October 7 Environmental Planner Finwall stated that youth from the Urban Roots organization were at the Harvest Park Native Seed Garden to meet residents and discuss the history of the garden, how to maintain native plantings, and how to gather and store native seed. Staff videotaped the presentation, which will be converted to short videoclips and released on the City’s social media sites. b.Fall Clean Up Campaign 1)Update on Shredding Event Held on October 9 2)Reduced Price Bulky Item Collection – Throughout October 3)Free Mattress Collection – Throughout October Environmental Planner Finwall gave an update on the October 9 Shredding Event. The City collected 14,160 pounds of paper that will be shredded and recycled. Two other recycling/disposal opportunities through the Fall Clean Up Campaign. First, the reduced price curbside bulky item collection offered by Republic Services. Second, a free mattress and box spring collection pilot programbeing offer by Second Chance Recycling and the Ramsey/Washington Recycling and Energy Center. c.Solar Power Hour 1)Update on Virtual Solar Power Hour Held Friday October 8 2)On Site Solar Power Hour to be held at Nature Center on October 26 2 Environmental Planner Finwall said there were 23 people that attended the October 8 Solar Power Hour virtual event. The second Solar Power Hour is scheduled for October 26 at the Maplewood Nature Center. Residents can learn the basics of solar, funding opportunities and group buy program, and schedule a free solar site assessment for their home. d.Metro Clean Energy Resource Teams Seed Grant Application Environmental Planner Finwall updated the ENR Commission on the grant application submitted to Metro Clean Energy Resource Teams. The grant would fund the Solar for All! program which will explore solar and energy efficiency opportunities for manufactured homes in Maplewood. Grants are awarded in December, for funding throughout 2022. e.ENR Commissioner Interviews (October 11) and Appointments (October 25) Environmental Planner Finwall stated that the City Council interviewed applicants for the two ENR Commissionvacancies on October 11. They will appoint the two positions on October 25. 10.ADJOURNMENT Commissioner Dosser made a motion to adjourn the meeting. Seconded by Vice ChairpersonBryan.Ayes –All The motion passed. The meeting was adjourned by Chairperson Palzerat 8:05 p.m. 3 Agenda Item 4.b. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, NOVEMBER 15, 2021 7:00 P.M. 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:04 p.m.by Acting Chairperson Redmond. 2. ROLL CALL Emma Broadnax, Commissioner Present Rebecca Bryan, Commissioner Present Kayla Dosser, Vice Chairperson Absent Benjamin Guell, Commissioner Present Mollie Miller, Commissioner Absent Ann Palzer, Chairperson Absent Ted Redmond, Commissioner Present Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Bryan moved to approve the agendawith one additional staff presentation – iteme - Nature Center Volunteer Meet and Greet – November 17. Seconded by Commissioner Guell Ayes – All The motion passed. 4. APPROVAL OF MINUTES The October 18, 2021, ENR Commission minutes were tabled until the December 20, 2021 meeting. 5.NEW BUSINESS a.Oath of Office The Commissioners were sworn into officewith the Oath of Office. b.New Member Orientation 1 The City Council appointed Emma Broadnax and Benjamin Guell to the ENR Commission on October 25, 2021. Environmental Planner Finwall went over the new member orientation for the Commission. 6.UNFINISHED BUSINESS a.Renewable Energy Ordinance and SolSmart Certification Environmental Planner Finwall discussed the City’s solar permitting process. The City could achieve the Gold SolSmart certification by processing solar permits in three days. The Commission reviewed the Renewable Energy Ordinance amendments including definition of community solar gardens and solar canopies, and height and placement regulations for solar canopies. Staff will bring the final amended ordinance back to the Commission on December 20. 7.VISITOR PRESENTATIONS None. 8.COMMISSIONERPRESENTATIONS None. 9.STAFF PRESENTATIONS a.Fall Clean Up Campaign 1)Update on Reduced Price Bulky Item Collection 2)Update on Free Mattress Collection Environmental Planner Finwall stated that 288 bulky items were collected during the October reduced price bulky item collection; and 249 mattresses and 139 box springs were collected during the October free mattress collection. b.Climate Emergency Resolution Environmental Planner Finwall stated that local governments of all sizes, and in all regions of Minnesota will join in declaring a Climate Emergency on January 24th or 25th, calling for immediate action at all levels of government to address the climate crisis. The resolution supporting the Climate Emergency will be presented to the Commission on December 20 for formal recommendation to the City Council. c.Resilient Cities and Communities Climate Action –December 2 Environmental Planner Finwall stated that Resilient Cities and Communities organization is planning a discussion on the Build Back Better Climate Funding during the climate action eventon December 2. d.January and February Meeting Dates –Reschedule to Tuesday, January 25, 2022 and Tuesday February 22, 2022. e.Nature Center Volunteer Meet and Greet –November 17. 2 Environmental Planner Finwall statedthat staffin the new Park and Natural Resources Department are now located at the Nature Center. The Department has coordinated a volunteer meet and greetin orderto catch up with past volunteers. A volunteer form will be forwarded to the Commission if they are unable to attend. 10.ADJOURNMENT Commissioner Bryan made a motion to adjourn the meeting. Seconded by Commissioner Broadnax.Ayes –All The motion passed. The meeting was adjourned by Acting Chairperson Redmond at 7:55 p.m. 3 Agenda Item 5.a. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date December 20, 2021 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTOR:Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Renewable Energy Ordinanceand SolSmart Certification Action Requested: MotionDiscussion 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 completed a review of that ordinance in 2018. Recommended Motion: Review and discuss the SolSmart Certification Program and opportunities for advancing solar in Maplewood. Motion to the Renewable Energy Ordinance amendments. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is n/a Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial 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 of renewable energy. It will assist the City with energy and climate goals outlined in the 2040 Comprehensive Plan. 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 SolSmart Certification Program SolSmart (https://solsmart.org/) is a national program led by the International City/County Management Association and the Interstate Renewable Energy Council, along with a team of partners with expertise in solar energy and local governments. SolSmart uses objective criteria to designate communities that have successfully met the goals of the program. Communities receive designations of SolSmart Gold, Silver, and Bronze. Since the program launched in 2016, more than 400 cities, counties, and regional organizations in 41 states, the District of Columbia, and the U.S. Virgin Islands have achieved SolSmart designation, representing over 99 million people. Maplewood has completed 215 SolSmart credits and has received the Silver designation as of 2018. Cameron Bailey, SolSmart Advisor with the Metropolitan Council, will be present during the December 20 ENR Commission meeting to discuss the following: 1. SolSmart Program Changes 2. Solar Canopy Tool 2. Solar Permitting Application 3. Example Solar Projects 4. Solar Challenges 5. Solar Grant or Funding Opportunities Renewable Energy Ordinance 2011 Ordinance The City Council adopted the Renewable Energy Ordinance on October 10, 2011. The ordinance applies to the regulations of renewable energy systems including wind turbines, solar systems, and geothermal ground-source heat pumps. 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. 2018 Amendments Throughout 2018 the Environmental and Natural Resources (ENR) Commission reviewed the 2011 Renewable Energy Ordinance and recommended changes based on SolSmart’s technical advisor’s review and new renewable energy technologies and information available since 2011 (refer to draft ordinance attached). The changes are reflected on the attached ordinance, which still need to be reviewed and approved by the City Council. 1. The ordinance restricts solar energy systems to on-site use, precluding off-site, shared, or community solar facilities. 2. No exemptions or allowances are provided for height, setback, or lot coverage for solar energy systems. 2 3.The wording “solar energy systemsshall be designed to blend into the architecture of the building or be screened from routine view from public right-of-ways other than alleys “ could be interpreted to prevent a rooftop system that is not flush mounted. 2021 Review SolSmart technical advisors once again reviewed the solar section of the ordinance and recommended the inclusion of explicit visibility allowances/restrictions for ground-mounted solar systems that are not community solar gardens. Examples include ground mounted residential solar systems that include two units (one in the front yard and one in the back yard as an example), or a solar carport in a residential, commercial, or industrial context. The ENR Commission and SolSmart technical advisors reviewed the changes proposed by staff during the November meeting and recommended the following: 1. Addition of placement and design standards for solar canopies and ground mounted community solar gardens. 2. Consider requiring ground mounted community solar gardens one acre in size or larger to install native plantings that meet the Board of Soil and Water beneficial habitat standards. The amendments are reflected on the attached ordinance. Attachments 1. 2021 Amended Renewable Energy Ordinance 3 Attachment 1 Ordinance includes changes proposed by the ENR Commission in 2018. New 2021 changes shown in red. 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 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. Section 2. Purpose and Intent. It is the goal of the city to provide a sustainable quality of life for the cityÓs 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 Ðpromoting the health, safety, morals, and general welfare of the community.Ñ 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 turbine(s) 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. 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 cityÓs tree preservation ordinance. Small WECS. A WECS of less than 100kW in total nameplate generating capacity. 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. Wind Energy System. A n 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, Institutional, or Park in the cityÓs Land Use Designations of the Comprehensive Plan. 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 businesses/organizations, residential dwelling units, or adjoining businesses/organizations/residential dwelling units. (4) In all properties guided as Government, Institutional, or Park in the cityÓs Land Use Designations of the Comprehensive Plan. 3 (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 applicantÓs 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 impacts of such a WECS on nearby properties. b) Have a minimum setback distance from the base of the monopole of one (1) times the height from any property line, electric substation, transmission line, or other WECS. c) Maintain setbacks to bluffs as outlined in Section 18-462 (e) (Slopes). (2) Small WECS shall be located as follows: 4 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 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. (b) Design (1) Tower Configuration. All ground mounted WECS shall: a) Be installed with a tubular, monopole type tower. b) Have no guyed wires attached to the tower or other components. c) Have no ladder, step bolts, rungs, or other features used for tower access to extend within eight (8) feet of the 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. (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 5 attached must not exceed the maximum height allowed in the residential zoning district for which it is installed. (b) Placement Roof mounted WECS must be erected above the roof of a building or structure. The mounts associated with the WECS may extend onto the side of the building or structure. (c) Number (1) Large Roof Mounted WECS. The maximum number of Large Roof Mounted WECS shall be approved through the conditional use permit process. (2) Small Roof Mounted WECS. No more than three (3) roof mounted Small WECS shall be installed on any rooftop. d. Conditional Use Permit Procedure. Procedures for granting conditional use permits from this ordinance are as follows: 1. The city council may approve conditional use permit requirements in this ordinance. 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 customerÓs intent to install an 6 interconnected, customer-owned generator. Off-grid systems shall be exempt from this requirement. (e) Signs: The placement of all other signs, postings, or advertisements shall be prohibited on the units. This restriction shall not apply to manufacturer identification, unit model numbers, and similar production labels. (f) Feeder Lines: Any lines accompanying a WECS, other than those contained within the WECSÓ tower or those attached to on-site structures by leads, shall be buried within the interior of the subject parcel, unless there are existing lines in the area which the lines accompanying a WECS can be attached. (g) Clearance: Rotor blades or airfoils must maintain at least twenty (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. (i) 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(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 impacts to birds and bats and be a non-obtrusive color so not to cause 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. 7 (b) Lands guided as park or open space in the cityÓs Land Use Designation of the Comprehensive Plan that are located within one (1) mile of the project. (c) Conservation easements and other officially protected natural areas within a quarter mile of the project. (d) Shoreland, Mississippi Critical Area, Greenways, wetland buffers, wildlife corridors and habitat complexes. (e) All significant trees impacted by the project. (f) A plan for turbine-cut in speed strategies where feasible in order to reduce bird and bat deaths. Studies have shown that bird and bat fatalities would be significantly reduced by changing turbine cut-in speed and reducing operational hours during low-wind periods, evening hours (one-half hour before sunset to one-half hour after sunrise-only in spring, summer, and early fall), and migration times in spring and fall. 3. In addition to the provisions outlined in Section 3(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 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: Beneficial Habitat Standard. Standards consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources (BWSR). 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. 8 Ground Mounted Community Solar Garden. A ground mounted solar energy system that provides retail electric power (or a financial proxy for retail electric power) to multiple community members or businesses residing or located off-site from the location of the solar energy system. Ground Mounted Solar Energy SystemPanels. Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Photovoltaic System. An active solar energy system that converts solar energy directly into electricity. Roof or, Building, or Structure (i.e., parking canopy, etc.) Mounted Solar Energy SystemSES. Solar energy system (panels) that isare mounted to the roof or, building, or structure using brackets, stands or other apparatus. 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 system. 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 canopy. A structure that provides shade to vehicles or people and includes a solar energy system that provides electric power. Including, but not limited to, car ports, mass transit shelters, pavilions, pergolas with solar arrays. 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 9 Solar energy systems shall be allowed as an accessory use in all zoning districts. 1. Ground, roof, or building mounted SES are a permitted use in all zoning districts. 2. Solar canapies are a permitted use in all zoning districts. 3. Community Solar Gardens: (a) Roof or, bBuilding, or Structured mounted community solar gardens are a permitted shall be allowed as an accessory use in all zoning districts. (b) Ground mounted community solar gardens that are one acre in size and under are as a permitted n accessory use that are one acre in size or under are a permitted use in all zoning districts. (c) Ground mounted community solar gardens that are greater than one acre in size are as a permitted n accessory use that are greater than one acre in size are allowed in all zoning districts with a conditional use permit. (d) Ground mounted community solar gardens as a primary use shall be allowed in all zoning districts with a conditional use permit. c. Placement and Design 1. Height (a) Roof or building mounted SES are allowed to be ten (10) feet higher at maximum tilt than the maximum allowed height of a building in any zoning district. (b) Solar canopies: (1) Residential: shall not exceed the height of an accessory building in any residential zoning district when oriented at maximum tilt. (2) Commercial: shall not exceed the height of a primary building in any commercial zoning district when oriented at maximum tilt. (cb) Ground mounted SES: (1) Residential: shall not exceed the height of an allowed accessory buildingstructure with in any the residential zoning district when oriented at maximum tilt. (2) Commercial: shall not exceed the height of a primary building in any commercial 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. 10 2. LocationPlacement (a) Roof or bBuilding mMounted SES. The collector surface and mounting devices for roof or building mounted SES may be located two (2) feet beyond the required setbacks of the building on which the system is mounted. (b) Solar canopies: (1) Residential: shall maintain the required setbacks of an accessory building. (2) Commercial: shall maintain the building setbacks for the district in which the system is located. (c) Ground mounted SES: (1) Residential: shall must maintain the required setbacks of an accessory building.a five (5) foot setback to any property line. (2) Commercial: shall maintain the building setbacks for the district in which the system is located. (d) Ground Mounted Community Solar Gardens shall comply with the building setback limitations for the district in which the system is located. (e) 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. Visibility (a) SES are a visible sign of the CityÓs commitment to sustainability. The color of the solar collector is not required to be consistent with other roofing or building materials. (b) Building iIntegrated sSolar sSystems - 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 mMounted cCommunity sSolar gGardens 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. 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 shall remain in effect until vegetation is sufficiently established. d. General Standards 1. 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. 2. Restrictions on SES Limited. No homeownersÓ 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 MaplewoodÓs renewable energy ordinance. 3. 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. In reviewing the conditional use permit the city council will follow the requirements for conditional use permit approvals as outlined in Article V (conditional use permits). 2. Before the city council acts on a conditional use permit the environmental and natural resources commission and the planning commission will review the following conditions of approval prior to making make a recommendation to the city council.: 12 a. Large-scale removal of significant trees on the site is discouraged. b. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard. c. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. 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. 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. 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 13 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 cityÓs zoning ordinance. d. General Standards 1. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. e. Abandonment A GSHPS that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the city after notification to the owner or operator of the GSHPS, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. Section 6. General Ordinance Provisions a. Interpretation In interpreting this ordinance and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted. b. Conflict This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control. 14 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 Agenda Item 6.. ENVIRONMENTAL & NATURAL RESOURCES COMMISSIONSTAFF REPORT Meeting Date December 20, 2021 REPORT TO: Environmental and Natural Resources Commission REPORT FROM: Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM: Climate Emergency Resolution Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Local governments of all sizes, and in all regions of Minnesota, will join in declaring a Climate Emergency on January 24 or 25, 2022, calling for immediate action at all levels of government to address the climate crises. Recommended Action: Motion to recommend approval of the Climate Emergency Resolution. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Climate change impacts will affect all aspects of Maplewood’s services and infrastructure. Background: The Climate Emergency Declaration started in the United States by The Climate Mobilization organization. It calls for a mobilization of government and society to make significant progress on climate change by 2030. There are 2,000 jurisdictions in 34 countries that have declared a Climate Emergency, including three leaders in Minnesota (Crystal Bay Township, Minneapolis, and Duluth). There are 15 to 25 additional Minnesota jurisdictions actively considering participating in the Climate Emergency, including Maplewood. Attachments: 1.Climate Emergency Resolution Attachment 1 Climate Emergency Declarations/Resolutions Minnesota Coordinated Effort “The time is now to come together as a united force, to insure a livable future for us, for your children, for your grandchildren, and for the generations to come. The time is now to create a sustainable future.” - From then high school junior Sophia Skinner before St. Louis Park City Council What we’re doing: Local governments of all sizes, and in all regions of Minnesota will join in declaring a Climate Emergency on January 24th or 25th, calling for immediate action at all levels of government to address the climate crisis. By acting simultaneously, these state-wide localities expect to amplify their impact, speaking together to urge local, state and federal action. Why declare a Climate Emergency? The dramatically evident shift in our climate IS an emergency! It’s here now; it’s going to get worse; and it’s impacting all regions of our state, country, and world. o The United Nations Intergovernmental Panel on Climate Change recently declared (August 21) that world leaders at all levels must take immediate action to reduce greenhouse emissions to prevent catastrophic impacts. It’s impacting Minnesota now! Unanticipated occurrences of drought, higher annual temperatures and sustained heat waves, dangerous air quality, repeated incidences of “hundred year” floods, and forest fires of unprecedented size - are all happening now in Minnesota. Opportunity to mobilize and magnify: Declaring an emergency will call attention to the issue and can mobilize people to action. Working together we can magnify our impacts on our own communities and on Minnesota. o Acting together will increase our visibility and leverage for state and federal assistance o This conspicuous action will provide bold local leadership in a way that connects to a larger statewide effort. People are empowered when they feel what they do matters and when they are part of something larger than themselves. The Climate Emergency declaration customizable template includes local, state, and global impacts, a commitment to local action, and a call for state and federal support. Background on “Climate Emergency” Started in U.S. by The Climate Mobilization organization - calling for a mobilization of government and society to make significant progress on climate change by 2030 2000+ jurisdictions in 34 countries have declared a Climate Emergency, including three leaders in MN (Crystal Bay Township and Minneapolis in 2019, Duluth earlier this year). There are 15-25 MN jurisdictions actively considering participating with three already having declared a climate emergency (Duluth, Minneapolis, Crystal Bay.) Attachment 2 A RESOLUTION JOINING CITIES AND COUNTIES ACROSS MINNESOTA DECLARING A CLIMATE EMERGENCY AND ASKING THE STATE AND FEDERAL GOVERNMENTS TO HELP ADDRESS IT AND PROVIDE VALUABLE RESOURCES WHEREAS the City of Maplewood has experienced numerous climate-change related impactsthis year including a record June heat wave, dangerous air quality from drought-fueled forest fires,and water restrictions from the same drought; WHEREAS extreme weather will create new challenges for Maplewoodsinfrastructure and finances andwill pose a threat to the economic vitality of our residents and businesses; WHEREAS Maplewood the City has adopted energy and climate goals to address climate change as follows: 2021Climate Adaptation Planis a comprehensive roadmap that outlines the specific strategic strategies and actions that Maplewood will implement to build resilience to related climate impacts. 2040 Comprehensive Plan, Sustainability Chapter includes climate goals including followingthe state energy goal guidelines of reducing greenhouse gas emissions to 20 percent of the City WHEREAS the greatest burden from an inadequate response to this crises will be felt by historically marginalized or underserved communities; WHEREAS in Minnesota, the ten warmest and wettest years ever recorded have all occurred since 1998;warming surface waters are leading to a significant loss of fish habitat for many prominent species as well as increasing the risk of harmful algae blooms;forests are changing as native northern species are strained by warming temperatures;crops are stressed by cycles of drought and floods;home insurance rates are rising far faster than the national average (from an average of $368 in 1998 to $1348 in 2015);and warming winters are leading to new pests as well as shorter winter recreation seasons; WHEREAS, the bi-partisan Next Generation Energy Act, passed by the Minnesota State Legislature and signed by then Governor Tim Pawlenty in 2007, committed our State to achieving to an 80% reduction in greenhouse gas (GHG) emissions by 2050 and with interim goals of 15% and 30% below 2005 GHG emissions levels by 2015 and 2025, respectively, with cities being key drivers of achieving these goals; WHEREAS, our State did not meet its 2015 goal, and is not yet on track to reach our future targets; WHEREAS, in April 2016 world leaders from 175 countries, including the United States, recognized the threat of climate change and the urgent need to combat it by signing the Paris rees WHEREAS, global warming has reached a temperature increase of nearly 1.1 degrees Celsius (nearly 2 degrees Fahrenheit) as compared to pre-industrial times. The death and destruction wrought by this level of global warming demonstrate that the Earth is too hot for safety and justice, as attested by increased and intensifying wildfires, floods, rising seas, diseases, droughts, and extreme weather; WHEREAS, in August 2021 the Intergovernmental Panel on Climate Change (IPCC), the United Nations body responsible for assessing the science related to climate change, released hat is unprecedented in at extremeweather WHEREAS, recent scientific research indicates that to achieve the goal of limiting temperature increase to 1.5 degrees Celsius, carbon emissions must be halved by 2030 and reach net zero global emissions by 2050; WHEREAS, a transition to a clean energy economy, if not carefully planned, would have a disruptive effect on impact on the livelihoods of many in our community,while a well-planned transition may provide expanded job opportunities for local residents; WHEREAS, 2,012 jurisdictions in 34 countries including Minnesota leaders Duluth, Minneapolis, and Crystal Bay Township, have already declared climate emergencies in order to focus attention on the need for rapid action to address climate change; NOW, THEREFORE, BE IT RESOLVED, that Maplewood declares that a climate emergency threatens our city, region, state, nation, humanity and the natural world. BE IT FURTHER RESOLVED, Maplewood commits to working for a just transition and climateemergency mobilization effort and willimplement and continue to support the Citys Climate Adaptation plan and create a Climate Mitigation plan. BE IT FURTHER RESOLVED, Maplewood calls on the Minnesota legislature and executive branch to immediately and aggressively support cities of all sizes around Minnesota to both mitigate and adapt to the effects of climate change including providing funding and resources for the development and implementation of climate action plans. BE IT FURTHER RESOLVED, Maplewood calls on the federal government to immediately commit resources to support the climate mitigation and adaptation efforts of cities large and small, to invest in the infrastructure needed for a sustainable future, to ensure that investment is at the scale needed, and to provide the necessary global leadership to keep global warming to 1.5 degrees Celsius (2.7 degrees Fahrenheit). 2