HomeMy WebLinkAbout2010-07-19 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Monday, July 19, 2010
7 p.m.
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes: June 23, 2010 Minutes - Tabled Until August
5. New Business
a. Recycling Proposals [60 min.]
6. Unfinished Business
a. Alternative Energy Ordinance [30 min.]
b. Chickens in Residential Districts [30 min.]
7. Visitor Presentations
8. Commission Presentations
9. Staff Presentations [10 min.]
a. Update on the June 28 and July 12, 2010, City Council Meetings - Items
Reviewed Include the Wetland Buffer Variance Requests for Goodwill and The
Shores at Lake Phalen
b. National Night Out - August 3
c. Taste of Maplewood - August 6 and 7
d. Subcommittee Updates
e. Maplewood Nature Center Programs
10. Adjourn
Agenda Item 5.a.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Recycling Proposals
July 15, 2010 for the July 19 ENR Commission Meeting
INTRODUCTION
The five-year recycling contract with Eureka Recycling will end on December 31, 2010. In order
to ensure a new recycling contract is awarded by January 1, 2011, the city submitted a request
for proposal (RFP) to interested recycling contractors which outlines the city's recycling
requirements. The city has received six proposals from Allied Waste, Eureka Recycling,
Highland Sanitation and Recycling, Inc., Tennis Sanitation, LLC, Veolia Environmental Services,
and Waste Management. These six proposals are attached as separate copies to this staff
report.
Background
On February 1,2010, the City Council held a workshop to discuss the recycling contract RFP
process and requirements.
On March 15,2010, the Environmental and Natural Resources (ENR) Commission held a
recycling contractor informational meeting. The intent of the meeting was to allow interested
recycling contractors an opportunity to present their recycling program to the city. Following are
the contractors which presented during the meeting:
. Allied Waste
. Eureka Recycling
. Highland Sanitation and Recycling, Inc.
. Tennis Sanitation, LLC
. Waste Management
On February 24 and March 24, 2010, the ENR Commission reviewed draft language proposed
for the city's recycling contract RFP.
On April 19, 2010, the ENR recommended approval of the draft recycling contract RFP.
On April 26, 2010, the City Council held a workshop to review the recycling contract RFP.
On May 10, 2010, the City Council approved the final version of the recycling contract RFP.
On June 1, 2010, the recycling contract RFP was released to all interested vendors and the
public.
On June 30, 2010, the city received six recycling proposals by the deadline of June 30.
On July 13, 2010, the Environmental Review Committee reviewed and ranked the six proposals.
The committee is made up of three ENR Commissioners appointed by the full commission to
evaluate the proposals (Commissioners Schreiner, Trippler, and Yingling).
DISCUSSION
Review Process
The RFP states that the Environmental Review Committee will recommend the top three
vendors, in rank order of priority to the ENR Commission. The ENR Commission will
recommend their top three to the City Council. The schedule for review and completion of the
recycling contract is as follows:
. July 19, 2010: ENR Commission recommends top three recycling proposals to the city
council.
. August 9, 2010: City Council approves a recycling contractor and authorizes staff to begin
negotiations of a recycling contract.
. August 23 or September 6, 2010: City Council approves a recycling contract.
. January 1, 2011: New recycling contract begins.
Proposal Summaries
Allied Waste:
. Single stream recycling with pick up every other week.
. Recycle bank option for incentives to recycle.
. Recycling will be sorted and processed at their facility in Minneapolis or Inver Grove
Heights.
. Glass to glass recycling.
Eureka Recycling:
. Dual stream recycling with pick up every week.
. Processing charged to the city.
. Revenue share with the city.
. Recycling will be sorted and processed at their recycling facility in Minneapolis.
. Glass to glass recycling.
Highland Sanitation and Recycling, Inc.:
. Single stream recycling with pick up every other week.
. Recycling is sent to different recycling plants.
. No glass to glass recycling.
Tennis Sanitation, LLC:
. Single stream recycling with pick up every week.
. Five pricing options submitted. Some options include twenty-five cent per month credit to
city for single and multi family residential to city.
. Recycling will be sorted and processed at their facility in St. Paul Park.
. Glass to glass recycling.
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Veolia Environmental Services:
. Single stream recycling with pick up every other week.
. Fuel surcharge charged to city.
. Recycling is sent to Allied Waste in Minneapolis or Inver Grove Heights for sorting and
processing.
. Glass to glass recycling.
Waste Management:
. Single stream recycling with pick up every other week.
. Processing fee and fuel surcharge charged to the city.
. Revenue share with the city.
. Recycling will be sorted and processed at their facility in Minneapolis. Single stream
recycling with pick up every other week.
. Requesting an alternative five-year contract.
. Glass to glass recycling.
Evaluation Criteria
The RFP states that the city will objectively evaluate the proposals submitted to determine the
best value for the city and its residents. The evaluation criteria and relative point values for each
area are as follows:
. per household per month price for recycling collection services (30 points)
. strength of qualifications of the vendor (25)
. projected amount of revenue from the sale of recyclable materials shared with the city
(10)
. pollution reduction efforts (7)
. responsiveness of the vendor to all provisions of the RFP (5)
. glass-to-glass recycling (5)
. additional recycling services (drop-off sites, etc.) (5)
. public education (5)
. innovative approaches to increase recycling rates (5)
. opportunities for additional materials to be collected throughout the contract (3)
. TOTAL POINTS ALLOWED = 100
Cost Analysis
Mary Chamberlain of R. W. Beck is assisting the city in the recycling contract RFP as part of R.
W. Beck's technical assistance contract with Ramsey County. R. W. Beck assisted the city in its
previous recycling contract RFP process in 2004. Ms. Chamberlain conducted a cost analysis of
the six proposals to determine the overall contract costs to the city based on variables such as
processing costs, revenue share, recycling credit, fuel surcharge, costs of city-supplied bins, etc.
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Evaluation criteria for cost include the per household per month price for recycling (30 points)
and the projected amount of revenue from the sale of recyclable materials shared with the city
(10). The cost analysis reflects that Eureka Recycling and Waste Management were the only
vendors that submitted a proposal with the city sharing in revenue from the sale of recyclable
materials. For this reason, the two evaluation criteria for cost (per household, per month and
amount of revenue) were combined for a total of 40 points, rather than 30 and 10. This allowed
Ms. Chamberlain to fairly assess the overall costs of each proposal; with the Eureka Recycling
and Waste Management proposals having their price per household per month costs reflect the
estimated high and low market revenue shares. The detailed cost analysis will be supplied to
the commission during the meeting. Ms. Chamberlain will be available to discuss the results of
the analysis. In the meantime, a summary of the cost ranking follows:
Tennis Sanitation
Veolia
Eureka Recycling
Highland Sanitation
Allied
Waste Management
1
2
3
4
5
6
Environmental Review Committee's Recommendation
The Environmental Review Committee ranked all six proposals based on the evaluation criteria
in the RFP and described above. The results of the ran kings and the committee's
recommendations for the top three vendors are as follows:
Eureka Recycling
Tennis Sanitation
Veolia
Waste Management
Allied
Highland Sanitation
2
3
5
4
6
RECOMMENDATION
Review the six recycling proposals and the Environmental Review Committee's
recommendations and ranking of those proposals. The full Environmental and Natural
Resources Commission should make a recommendation of the top three recycling proposals in
order of ranking to the City Council.
Attachments:
1. Recycling Proposals Under Separate Copy: Allied Waste, Eureka Recycling, Highland Sanitation and
Recycling, Inc., Tennis Sanitation, LLC, Veolia Environmental Services, and Waste Management.
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Agenda Item 6.a
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwali, AICP, Environmental Planner
Alternative Energy Ordinance
July 14, 2010 for the July 19 ENR Commission Meeting
BACKGROUND
The city adopted an energy efficiency and conservation strategy in December 2009. The
strategy was required as part of the city's energy efficiency conservation block grant. One of
the purposes of the strategy was to help establish policies and priorities to move Maplewood in
the direction of improved long-term operational energy efficiency. Implementation of the
strategy includes the adoption of energy policies that will ensure achievement of the city's
energy goals. The alternative energy ordinance, which will assist in the promotion of alternative
energy sources throughout the city, will help Maplewood meet that goal.
George Johnson, senior scientist with Short Elliot Hendrickson (SEH), drafted an alternative
energy ordinance for the Environmental and Natural Resources (ENR) Commission's review in
May. Based on that review, Mr. Johnson has made revisions to the ordinance (Attachment 1).
DISCUSSION
Wind: The ordinance would allow wind turbines with a permit in any zoning district. Micro wind
turbines - 2 kW (intended for residential use) would be allowed on any size lot. Non-commercial
wind turbines - greater than 2 kW but less than 100 kW (intended for multiple family or business
use) would be allowed on lots of one acre or more. The maximum height of a micro wind
turbine is 60 feet and the maximum height of non-commercial turbine is 75 feet. The setbacks
required for wind turbines are one and one-half the distance of the height.
The commission should specifically review and comment on the following regarding wind
regulations:
. Should all wind turbines be allowed as a permitted use, or should some require a
conditional use permit?
. Should wind turbines be allowed in all zoning districts?
. Should the ordinance specify that homeowner's associations can't prohibit wind turbines
if the city ordinance allows it?
Solar: The ordinance allows for solar panels to be installed on roofs or ground mounted. The
maximum height of panels on roofs can't exceed the height allowed in each zoning district and
the maximum height of ground mounted is 10 feet and must be setback the same distance
required for accessory structures in each zoning district.
Geothermal: The ordinance allows for geothermal systems. It prohibits the systems to be
located in a natural water body.
RECOMMENDATION
Review the attached alternative energy ordinance and be prepared to offer feedback. Once the
Environmental Commission recommends approval of an alternative energy ordinance, the
ordinance will go to the Planning Commission for review and recommendation to the City
Council.
Attachments:
1. Draft Alternative Energy Ordinance
2
Attachment 1
DRAFT 2 (July 14, 2010)
AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING
ALTERNATIVE ENERGY SYSTEMS (Wind, Solar, Geothermal)
Scope.
This ordinance applies to the regulations of alternative energy systems within the City of
Maplew09d, Ramsey County, MN. The ordinance focuses on wind turbines and solar
photovoltaic systems.
Purpose and Intent.
It is the goal of the City Council 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. Counties, cities, and townships 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.
Maplewoodbelieves it is in the public interest to encourage alterative energy systems that have
a positive impact in energy conservation but have limited adverse impact on the community. In
order to balance the use of alternative energy systems with the necessity to protect the public
health, safety and welfare of the community, the City finds these regulations are necessary to
ensure that alternative energy systems are appropriately designed, sited and installed. While
Maplewood stronqlv encouraqes increased enerqv conservation and improved enerqv
efficiencv, we also believe that increased use of appropriate alternative enerqv svstems are an
important part of improvinQ urban sustainabilitv.
In order to balance the need to improve enerQV sustainabilitv throuQh increased use of
alternative enerqv svstems, vet balance citizens valid concerns for preservation of public health
and welfare, environmental Qualitv, the need to maintain visual and aesthetic values, and
existinQ neiQhborhood social and ecoloqical stabilitv, while realizinQ the possibility of future
chanQes in world enerQY markets, Maplewood has developed a set of reQulations to supplement
existinq buildinq codes, zoninq and land use practices.
Sec. 1 Wind Eneray Sources & Systems
1.1 Definitions
The following words, terms and phrases, when used in this Section, shall have the meaning
provided herein, except where the context clearly indicates otherwise:
Aggregated Project - Aggregated projects are those which are developed and operated in a
coordinated fashion, but which have multiple entities separately owning one or more of the
individual WECS within the larger project. Associated infrastructure such as power lines and
transformers that service the facility may be owned by a separate entity but are also included in
the aggregated project.
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Commercial WECS - A WECS of equal to or greater than 100 kW in total name plate generating
capacity. Usually these units are constructed in arrays to provide Utility scale power supply.
These svstems are requlated at the State level and would not likely be placed anywhere in
Maplewood.
Non-Commercial WECS - A WECS Qreater than 2 kW but less than 100 kW in total name plate
generating capacity. Usuallv intended to supplv power to businesses or multiple housinQ units.
Fall Zone - The area, defined as the furthest distance from the tower base, in which a ~
tower will collapse in the event of a structural failure. This area is less than the total height of tho
structuro.
Feeder Line - Any power line that carries electrical power from one or more wind turbines or
individual transformers associated with an individual wind turbine to the point 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.
Horizontal axis wind turbine - means a wind turbine design in which the rotor shaft is parallel
to the ground and the blades are perpendicular to the ground.
Hub- means the center of a wind generator rotor, which holds the blades in place and attaches
to the shaft.
Hub height - means the distance measured from natural grade to the center of the turbine hub.
Meteorological Tower - For the purposes of this Wind Energy Conversation System Ordinance,
meteorological towers are those tower which are erected primarily to measure wind speed and
directions plus other data relevant to siting WECS. Meteorological towers do not include towers
and equipment used by airports, the Minnesota Department of Transportation, or other similar
applications to monitor weather conditions.
Micro-WECS - Micro-WECS are WECS of two (2) kW nameplate (manufacturers sUQQested
maximum) generating capacity or less mounted on a tower of 60 foot or less. Micro-WECS are
Qenerally smaller heiqht wind turbine units intended to qenerate power for a sinqle home or
restricted purpose.
Monopole tower - means a tower constructed of tapered tubes that fit together symmetrically
and are stacked one section on top of another and bolted to a concrete foundation without
support cables.
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.
Residential wind turbine - means a wind turbine of 10 kilowatt (kW) nameplate generating
capacity or less.
Roof-Mounted WECS means a WECS utilizing a turbine mounted to the roof of a structure and
having a maximum rotor diameter of seven (7) feet.
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Rotor Diameter - The diameter of the circle described by the moYing rotor blades.
Small wind turbine - means a wind turbine of 100 kW nameplate generating capacity or less.
Standard Soil Conditions means average area soil conditions not including; gravel,
sand, loose rock, mud, muck, or any ground that would reasonably be expected to affect the
stability and/or strength of an artificial foundation.
System Height means the highest point above grade, measured from the base of a WECS to
the tallest point of the system and shall include the systems rotor plane.
Total Height The highest point, abovo ground le'Jol, reached by a rotor tip or any other part of
the V'lEeS.
Tower - Towers include vertical structures that support the electrical generator, rotor blades, or
meteorological equipment.
Tower Height - The total height of the WECS, includinQ tower and rotor at its hiGhest point
mcclusive of the rotor blades.
Utility wind turbine - means a wind turbine of more than 100 kW nameplate generating
capacity.
Vertical axis wind turbine - means a type of wind turbine where the main rotor shaft runs
vertically.
WECS - Wind Energy Conversion System - An electrical generating facility comprised of one or
more wind turbines and accessory facilities, including but not limited to: power lines,
transformers, substations and metrological towers that operate by converting the kinetic energy
of wind into electrical energy. The energy maybe used on-site or distributed into the electrical
grid.
Wind energy system - means an electrical generating facility that consists of a wind turbine,
feeder line(s), 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.
1.2 Districts. Wind Energy Conversion Systems currently are available in a large variety of
shapes, sizes and configurations depending on the particular end use. Often these are
collectively referred to by the acronym WECS. For the purpose in accordance with the
standards contained in this Section, shall be deemed an accessory use, permissible in all
zoning districts through special exception.
1.2.1. Utility-Scale Commercial WECS Districts.
1. Ground Mounted Commercial WECS shall not be permitted in any zoninQ districts.
2. Roof Mounted Commercial WECS shall not be permitted in any zoninQ districts.
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1.2.2. Non-Utilitv Scale Commercial WECS Districts.
1. Ground Mounted Non-Utility Scale WCES shall be deemed an accessory structure,
permissible in all non-residentially zoned districts.
2. Roof Mounted Non-Utility Scale WCES shall be permitted in all non-residentially zoned
districts.
1.2.3. Micro-WECS Districts.
1. Ground Mounted Micro-WCES shall be deemed an accessory structure, permissible in all
zoninQ districts.
2. Roof Mounted Micro-WCES shall be permitted in all zoninq districts.
1.3 Freestanding WECS
1. Design and Placement. All Freestanding WECS shall:
a. Have a maximum systom height not to exceed district requircmcnts or scvcnty fivc (75)
foet in zoning districts having no hcight rcstriction.
a. Height:
i. Non-Commercial WECS shall have a total height, including tower and rotor at its
highest point, of less than seventy-five (75) feet.
ii. Micro-turbine WECS shall have a total height, including tower and rotor at its highest
point, of less than sixty (60) feet.
b. Placement:
i. Be located entirely in the rear yard.
ii. Have a minimum setback distance of one and one-half (1 %) onc point one (1.1)
times the system height from any property line, public right-of-way, electric
substation, transmission line, dwelling, or other WECS.
i. Non-Commercial WECS ~ one (1) non-commercial WECS shall be allowed on a
single lot of one (1) acre or morcfivc (5) acres or Icse. All other parcels will be
limited to one (1) WECS per five (5) acres of land area.
ii. Micro-WECS - one (1) micro-WECS shall be allowed on lots of less than one (1)
acre.
c. Have a maximum power rating of one hundred (100) kW nameplate generating
capacity
d. Have no guyed wires attached to the tower or other components.
e. Have no ladder, step bolts, rungs, or other feature used for tower access to extend
within eight (8) feet of the ground. Lattice-style towers shall have a protectiye barrier to
prevent unauthorized access to the lower eight (8) feet of the tower.
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f. Foundation. For standard soil conditions, foundations or foundation specifications
developed by a WECS manufacturer shall be acceptable for installations of a WECS
with a generating capacity of twenty (20) kW or less. All other installations shall require
an engineer's stamped site-specific soil study.
g. 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 yoltage, and
providing the emergency contact information for the operator.
1.4 Roof-Mounted WECS.
1. Design and Placement. All Roof-Mounted WECS shall:
a. Have a maximum power rating of ten (10) kW nameplate generating capacity
b. Be limited to the principal building for any parcel unless approved by the Zoning Board ef
Adjustment.
c. Be erected within the confines of the principle building's roof and no portion of the
WECS shall extend beyond the edges of the roof.
d. Shall have a have a total height minimum system height of twenty-five (25) feet and no
portion of the WECS blade shall extend within twenty (20) feet of the ground.
e. Be mounted so that no portion of the WECS blade extends within twenty (20) feet of the
ground.
2. Site Structure. Prior to the installation of any Roof-Mounted WECS, the operator shall cause
a site-specific analysis to be performed by a licensed structural engineer addressing the
suitability of the host structure to support the WECS and withstand the environmental pressures
exerted on the system.
3. Number. No more than one (1) WECS shall be installed on a single rooftop unless
approved by the Zoning Board of .'\djustment. Multiple WECS will be permitted only within
commercial or industrial zoned districts.
1.5 General Provisions.
The following provisions will apply to all WECS erected under the provisions of this Code:
1. 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.
2. Color: be white, light gray, or a similar a neutral tone approved by the Zoning Board of
Adjustment and all surface finishing shall be non-reflective.
3. Over Speed Controls: shall be equipped with manual and automatic over speed controls to
limit the blade rotation within design specifications.
4. Lighting: have no installed or accessory lighting, unless required by Federal or State
regulation.
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5. State, Federal and Local Regulations. In addition to the requirements listed in this Section, a
WECS must:
a. Comply with all Federal and State regulations.
b. Comply with all local regulations and requirements for the applicable zoning district,
including, but not limited to, setback, height, noise, and nuisance requirements.
c. 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.
d. The placement of all other signs, postings, or advertisements shall be prohibited. This
restriction shall not apply to manufacturer identification, unit model numbers, and similar
production labels.
1.6 Commercial Installations
All WECS shall be limited to the purpose of on-site energy production, except that any
additional energy produced above the total onsite demand may be sold to the operator's regular
electrical service provider in accordance with any agreement provided by the same or
applicable legislation.
1.7 Abandonment.
A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of 12
consecutiye months, and which is not brought in operation within the time specified by City
officials, shall be presumed abandoned and may be declared a public nuisance subject to
removal at the expense of the operator.
1.8 Feeder Lines.
Any lines accompanying a WECS, other than those contained within the WECS tower or those
attached to on-site structures by leads, shall be buried within the interior of the subject parcel.
1.9 Standards and Certification
1.8.1. Standards. WECS shall meet minimum standards such as International Electro technical
Commission (IEC) or the American Wind Energy Association's (AWEA) Small Wind Turbine
Performance and Safety Standard or other standards as determined by the Planning and
Zoning Director.
1.8.2. Certification. WECS shall be certified by Underwriters Laboratories, Inc. and the
National Renewable Energy Laboratory, the Small Wind Certification Councilor other body as
determined by the Planning and Zoning Director. The City reserves the right to deny a building
permit for proposed wind energy systems deemed to have inadequate certification.
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1.8.3. Setbacks, Substations and Accessory Facilities - Minimum setback standards for
substations and feeder lines shall be consistent with the standards established in the Model
Community General Development Standards for Essential Services.
1.8.4. Safety Design Standards
1. Engineering Certification - For all WECS, applicant must provide engineering certification of
turbine, foundation, and tower design is within accepted professional standards, given local soil
and climate conditions. For non-commercial and micro-WECS, certification can be
demonstrated by the manufacture's engineer or another qualified engineer.
2. Clearance - Rotor blades or airfoils must maintain at least 120 feet of clearance between their
lowest point and the ground.
3. Warnings - For all commercial WECS, 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.
4. For all guyed towers, '/isible and rcflcctive objects, such as plastic sloe'/os, reflectors or tapc,
shall be placed on the guy wire anchor points and along thc outcr and inncrmost guy wires up to
a height of 8 fect abovc thc ground. Model eommunity may rcquirc that visiblc fcncing be
installcd around anchor points of guy wires.
4. Consideration shall be given to painted aviation warning on metrological towers of less than
200 feet.
5. Energy Storage - Batteries or other energy storage devices shall be designed consistent with
the Minnesota Electric Code and Minnesota Fire Code.
6. Tower Configuration. All wind turbines that are part of a commercial WECS shall be installed
with a tubular, monopole type tower.
1. Noise ^II WEeS shall comply with Minncsota Rules 7030 govcrning noisc.
7. Electrical Codes and Standards - All WECS and accessory equipment and facilities shall
comply with the National Electrical Code and other applicable standards.
8. Green Infrastructure - The Applicant shall meet the Minnesota Department of Natural
Resources Guidance for Wind Projects, June, 2009 version or most recent version, for siting
wind energy facilities and mitigation of risk to natural resources, including the following
standards:
a. ProYiding the following information in the application:
i. natural heritage concerns within the project
ii. public lands within one mile of the project
iii. conservation easements and other officially protected natural areas within a
quarter mile of the project
iv. shoreland areas, wildlife corridors and habitat complexes, and designated scenic
views.
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1.10 Procedures for Permits. Building permit applications for a WECS shall be
accompanied by:
1. The names of project applicant
2. The name of the project owner
3. The legal description and address of the project
4. A scaled site plan drawing showing features of the property, including but not
limited to'
a. Location and height of the WECS;
b. Property boundaries and the distances of those boundaries from the
c. WECS and from all other boundaries;
d. Location and dimensions of any easements; and
e. Location of overhead utility lines.
5. Stamped engineered drawings of any tower, base, footings, and/or foundation
as provided by the manufacturer or otherwise.
6. Manufacturer's certification or line drawings of the electrical components in
sufficient detail to allow for a determination that the installation conforms to
the National Electric Code.
7. Proof of homeowners' insurance coyerage.
8. Non-commercial WECS shall submit a copy of the interconnection agreement with the utility
or documentation that an interconnection agreement is not necessary.
9. Non-commercial WECS that are not connected to the electric grid shall identify location of
battery or other storage device.
Sec. 2 Solar Enerqy Sources & Systems
2.1 Definitions
The following words, terms and phrases, when used in this Section, shall have the meaning
provided herein, except where the context clearly indicates otherwise:
Active Solar System - A solar energy system that transforms solar energy into another form of
energy or transfers heat from a collector to another medium using mechanical, electrical, or
chemical means.
Building-integrated Solar Energy Systems - An active solar system that is an integral part of a
principal or accessory building, rather than a separate mechanical deYice, 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.
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Flush-mounted solar energy system - means a roof-mounted system mounted directly abutting
the roof. The pitch of the solar collector may exceed the pitch of the roof up to 5% but shall not
be higher than 10 inches above the roof.
Grid-intertie Solar System - A photovoltaic solar system that is connected to an electric circuit
served by an electric utility company.
Ground-Mounted Panels means freestanding solar panels mounted to the ground by use
of stabilizers or similar apparatus.
Off-grid Solar System - A photovoltaic solar system in which the circuits energized by the solar
system are not electrically connected in any way to electric circuits that are served by an electric
utility company.
Passive Solar System - A solar energy system that captures solar light or heat without
transforming it to another form of energy or transferring the energy yia a heat exchanger.
Photovoltaic System - An actiye solar energy system that converts solar energy directly into
electricity.
Renewable Energy Easement, Solar Energy Easement - An easement that limits the height or
location, or both, of permissible development on the burdened land in terms of a structure or
yegetation, or both, for the purpose of providing access for the benefited land to wind or sunlight
passing oyer the burdened land.
Renewable Energy System - A solar energy or wind energy system. Renewable energy systems
do not include passive systems that serve a dual function, such as a greenhouse or window.
Roof-Mounted Panels means solar panels that are mounted to the roof of a structure
using brackets, stands or other apparatus.
Roof Pitch - The final exterior slope of a building roof calculated by the rise over the run,
typically but not exclusively expressed in twelfths such as 3/12, 9/12, 12/12.
Solar Access - A yiew 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 deYice, 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 Collector Surface - Any part of a solar collector that absorbs solar energy for use in the
collector's energy transformation process. Collector surface does not include frames, supports
and mounting hardware.
Solar Daylighting - A device specifically designed to capture and redirect the visible portion of
the solar spectrum, while controlling the infrared portion, for use in illuminating interior building
spaces in lieu of artificial lighting.
9
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 Device - A system or series of mechanisms designed primarily to provide heating,
to proYide cooling, to produce electrical power, to produce mechanical power, to proYide solar
daylighting or to provide any combination of the foregoing by means of collecting and
transferring solar generated energy into such uses either by active or passive means. Such
systems may also haye the capability of storing such energy for future utilization. Passive solar
systems shall clearly be designed as a solar energy device such as a trombe wall and not
merely a part of a normal structure such as a window.
Solar Energy System - A device or structural design feature, a substantial purpose of which is to
provide daylight for interior lighting or provide for the collection, storage and distribution of solar
energy for space heating or cooling, electricity generating, or water heating.
Solar Heat Exchanger - A component of a solar energy device that is used to transfer heat from
one substance to another, either liquid or gas.
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.
Solar Mounting Devices - Devices that allow the mounting of a solar collector onto a roof
surface or the ground.
Solar Storage Unit - A component of a solar energy device that is used to store solar generated
electricity or heat for later use.
2.2 Standards
Active solar energy systems shall be allowed as an accessory use in all zoning classifications
where structures of any sort are allowed, subject to certain requirements as set forth below:
2.2.1. Height - Active solar systems must meet the following height requirements:
1. Building- or roof- mounted solar systems shall not exceed the maximum allowed height in any
zoning district. For purposes for height measurement, solar systems other than building-
integrated systems shall be considered to be mechanical devices and are restricted consistent
with other building-mounted mechanical devices.
2. Ground- or pole-mounted solar systems shall not exceed 10 feet in height when oriented at
maximum tilt.
2.2.2. Setback - Active solar systems must meet the accessory structure setback for the zoning
district and primary land use associated with the lot on which the system is located.
1. Roof-mounted Solar Systems - In addition to the building setback, the collector surface and
mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter
of the building on which the system is mounted or built. Exterior piping for solar hot water
systems shall be allowed to extend beyond the perimeter of the building on a side yard
exposure.
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2. Ground-mounted Solar Systems - Ground-mounted solar energy systems may not extend
into the side-yard or rear setback when oriented at minimum design tilt.
2.2.3. Visibility - Active solar systems shall be designed to blend into the architecture of the
building or be screened from routine view from public right-of-ways other than alleys. The color
of the solar collector is not required to be consistent with other roofing materials except in those
instances when a conditional use permit is required consistent with the provisions of this
ordinance.
1. Building Integrated Photovoltaic Systems - Building integrated photoyoltaic 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 district in
which the building is located.
2. Solar Systems with Mounting Devices - Solar systems using roof mounting devices or
ground-mount solar systems shall not be restricted if the system is not visible from the closest
edge of any public right-of-way other than an alley. Roof-mount systems that are visible from the
nearest edge of the street frontage right-of-way shall not have a highest finished pitch more than
five (5) percent steeper than the roof pitch on which the system is mounted, and shall be no
higher than ten (10) inches aboye the roof. Systems with a pitch more than five percent greater
than the finished roof pitch must acquire a conditional use permit.
2.2.4. Coverage - Roof or building mounted solar systems, excluding building-integrated
systems, shall not coyer more than 80% of the south-facing or flat roof upon which the panels
are mounted, and shall be set back from the roof edge by a minimum of one (1) foot. The
surface area of pole or ground mount systems shall not exceed half the building footprint of the
principal structure.
2.2.5. Historic Buildings - Solar systems on buildings within designated historic districts or on
locally designated historic buildings will require a conditional use permit, as provided in this
ordinance.
2.2.6. Approved Solar Components - Electric solar system components must have a UL
listing.
2.3 Plan Application and Approval
2.3.1. Districts.
a. Ground Mounted SES shall be deemed an accessory structure, permissible in all
zoning districts.
b. Roof Mounted SES shall be permitted in all zoning districts.
2.3.2. Application for Permit. A building permit application for a SES shall be
accompanied
by:
a. A scaled site plan drawing showing features of the property, including but not
limited to:
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i. Location and dimensions of the SES;
ii. Property boundaries the distances of those boundaries from the SES
and from all other boundaries;
iii. Location and dimensions of any easements; and
iv. Location of utility lines.
b. Engineer stamped drawings of the SES components, as provided by the
manufacturer or otherwise.
c. Manufacturer's certification or line drawings of the electrical components in
sufficient detail to allow for a determination that the installation conforms to
the National Electric Code.
2.3.3 Placement and Design
a. Ground Mounting. AIi ground-mounted panels shall:
i. Be limited to a total system height of ten (10) feet.
ii. Be limited to the rear yard.
iii. Exceed no more than fifteen percent (15%) lot coverage and may not exceed
the area restrictions placed on accessory structures within the subject district.
iy. Be screened from view to the extent possible without reducing their efficiency.
v. Screening may include walls, fences, or landscaping.
vi. Be installed in a manner that will not exacerbate storm water runoff that may
adyersely affect neighboring properties.
b. Roof Mounting. AIi roof-mounted panels shali:
i. Comply with the maximum height requirements of the zoning district.
ii. Have a system height not to exceed six (6) feet on a structure with a flat roof
and a system height not to exceed three (3) feet on a structure with a sloped
roof.
iii. Not extend beyond the edge of the roof.
iv. Not project vertically above the peak of the roof on a building with a sloped
roof.
v. Be mounted with a maximum angle of sixty (60) degrees from horizontal on a
flat or sloped roof.
vi. Be installed only on structures having a roof capable of supporting the weight
of all SES components to be mounted on the roof, plus a forty (40) pound per
square foot snow load.
vii. Aesthetics. SES panels shall be of a neutral color and reflection angles shall
be oriented away from neighboring windows. Where necessary, screening may
be required to address glare.
2.3.4. Plan Approval Required - All solar systems shall require administrative plan approval
by Maplewood zoning officials.
2.3.5. Plan Applications - Plan applications for solar systems shall be accompanied by to-scale
horizontal and vertical (elevation) drawings. The drawings must show the location of the system
on the building or on the property for a ground-mount system, including the property lines.
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a. Pitched Roof Mounted Solar Systems - For all roof-mounted systems other than a
flat roof the elevation must show the highest finished slope of the solar collector and
the slope of the finished roof surface on which it is mounted.
b. Flat Roof Mounted Solar Systems - For flat roof applications a drawing shall be
submitted showing the distance to the roof edge and any parapets on the building
and shall identify the height of the building on the street frontage side, the shortest
distance of the system from the street frontage edge of the building, and the highest
finished height of the solar collector above the finished surface of the roof.
Be Plan Approvals - Applications that meet the design roquircmcnts of this ordinance,
and do not requirc a conditional use permit, shall be granted administrative approval
by the zoning and buildinG official and shall not rcquire Planning eommission review.
Plan approval does not indicatc compliancc with Building Code or Eloctric eode.
d. Compliance with Building Code - All actiye solar systems shall meet approval of local
building code officials, consistent with the State of Minnesota Building Code.
e. Compliance with State Electric Code - All photovoltaic systems shall comply with the
Minnesota State Electric Code.
f. Utility Notification - No grid-inter-tie photovoltaic system shali be instalied until
evidence has been given to the Planning and Zoning Department that the
owner has submitted notification to the utility company of the customer's
intent to install an interconnected customer-owned generator. Off-grid
systems are exempt from this requirement.
2.d eonditional Uses
Where the standards in Scction 2.2 and/or 2.3 arc not mct, activc solar encrgy systoms shall be
considcrcd a conditional use. Thc follo'Ning conditions shall govern approval of a conditional
usc application for an active solar encrgy system.
2.4. Standards for Solar System eonditional Use Permits Whcn a conditional usc permit is
rcquircd, thc pormit shall be granted if the applicant demonstratos that the following safety and
acsthctic conditions are met:
a. I'.osthetic eonditions Tho solar systcm must blcnd into the building on which the
system is mountcd by being sufficicntly sct back From public right of ways or
screcncd from view from thc right of way, or by using a surface collector color that
blcnds into the roof or wall of the building as seon from the public right of way
b. Safety eonditions The solar systcm must be anchored in such a manncr as to
withstand wind spceds of 90 mph, and must bc set back from adjoining propcrties far
cnough so as to prosent no rcasonablo risk of accidental contact 'Nith cloclrical
components from adjoining propcrties.
c. Polc mountcd Systcms Rcstrictod Pole mounted or ground mounted activc solar
systcms shall not bo allowcd in residential districts between the front of the building
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and tho front public right of way, and must bo sot back from the property line, when
in minimum design tilt, by ono foot.
2.4.1 Restrictions on Solar Systems 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 alternative
energy ordinance solar performance standards.
2.4.2. Solar Access - 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 Stat. Chapter 500 Section 30.
Any building owner can purchase an easement across neighboring properties to protect access
to sunlight. The easement is purchased from or granted by owners of neighboring properties
and can apply to buildings, trees, or other structures that would diminish solar access.
Maplewood may require new subdivisions to identify and create solar easements when solar
energy systems are implemented as a condition of a planned unit development, subdivision,
conditional use, or other permit specified in this ordinance.
2.4.3 Renewable Energy Condition for Certain Permits
Condition for Rezoning or Conditional Use Permit - Maplewood may, in an area where the local
electric distribution system was installed more than twenty years ago, or where the local electric
utility has documented a near-term need for additional distribution substation or conductor
capacity, require on-site renewable energy systems as a condition for a rezoning or a
conditional use permit.
a. The renewable energy condition may only be exercised for new construction or major
reconstruction projects.
b. The renewable energy condition may only be exercised for sites that have 90%
unimpeded solar or wind energy access, and for which the renewable energy system
can reasonably meet all performance standards and building code requirements
2.5 General Provisions
1. Additional Requirements. In addition to the requirements listed in this Section, a SES must:
a. Comply with all Federal and State regulations.
b. Comply with all local regulations and requirements for the applicable zoning district,
including, but not limited to, setback, height, and nuisance requirements.
2. Notification. Prior to the installation or erection of a SES, the operator must provide evidence
showing their regular electrical service proYider has been informed of the customer's intent to
install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this
requirement.
3. 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.
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4. Commercial. All SES shall be limited to the purpose of on-site energy production, except that
any additional energy produced above the total onsite demand may be sold to the operator's
regular electrical service provider in accordance with any agreement provided by the same or
applicable legislation.
2.6 Safety Standards and Certification.
1. Standards. SES shall meet the minimum standards outlined by the International
Electrotechnical Commission (IEC), the American Society of Heating, Refrigerating, and Air-
conditioning Engineers (ASHRAE), International Organization for Standardization (ISO),
Underwriter's Laboratory (UL), the Solar Rating and Certification Corporation (SRCC), or other
national standards as determined by the Planning and Zoning Director.
2. Certification. Solar energy systems shall be certified by Underwriters Laboratories, Inc. and
the National Renewable Energy Laboratory, the Solar Rating and Certification Corporation or
other body as determined by the Planning and Zoning Director. The City reserves the right to
deny a building permit for proposed solar energy systems deemed to have inadequate
certification.
3. Abandonment. A SES that is allowed to remain in a nonfunctional or inoperative state for a
period of 12 consecutive months, and which is not broUGht in operation within the time specified
by City officials, shall be presumed abandoned and may be declared a public nuisance subiect
to removal at the expense of the operator.
Sec. 3 Geothermal Enerqy Sources & 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:
3.1 Definitions
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section:
Accessory - means a system designed as a secondary use to existing buildings or facilities,
wherein the power generated is used primarily for on-site consumption.
Alternative energy system - means a ground source heat pump, wind or solar energy system.
Closed loop GSHPS- means 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.
GSHPS- means 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
open or 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.
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Horizontal GSHPS- means a closed loop GSHPS where the loops or coils are installed
horizontally in a trench or series of trenches no more than 20 feet below the land surface.
Heat transfer fluid -means a non-toxic and food grade fluid such as potable water, aqueous
solutions of propylene glycol not to exceed 20% by weight or aqueous solutions of potassium
acetate not to exceed 20% by weight.
Open loop GSHPS- means a system that uses groundwater as a heat transfer fluid by drawing
groundwater from a well to a heat pump and then discharging the water over land., directly in a
water body or into an injection '....ell.
Vertical GSHPS- means a closed loop ground source heat pump system where the loops or
coils are installed vertically in one or more borings below the land surface.
3.2 Standards
3.2.1. Districts.
a. GSHPS shall be deemed an accessory structure, permissible in all zoning districts.
3.2.2. Application for Permit. A building permit application for a GSHPS shall be accompanied
by:
a. A scaled site plan drawing showing features of the property, including but not
limited to:
i. Location and dimensions of the GSHPS;
ii. Property boundaries the distances of those boundaries from the GSHPS
and from all other boundaries;
iii. Location and dimensions of any easements; and
iv. Location of utility lines.
b. Engineer stamped drawings of the GSHPS components, as provided by the
manufacturer or otherwise.
c. Manufacturer's certification or line drawings of the electrical components in
sufficient detail to allow for a determination that the installation conforms to
the National Electric Code.
d. Installers as-built drawings to show that the system complies with all mechanical
permits and MDH requirements.
3.2.3. Ground source heat pump systems (GSHPS).
GSHPS in accordance with the standards in this section are allowed as a permitted accessory
use in all zoning districts.
1. System requirements.
a. Only closed loop GSHPS utilizing Minnesota Department of Health approved heat
transfer fluids are permitted. Open loop GSHPS are not permitted.
16
b. GSHPS in public waters may be permitted as an interim conditional use subject to
approval from the Minnesota Department of Natural Resources and subject to written
consent of all property owners and/or approval by an association in accordance with
its adopted bylaws.
c. c. GSHPS in water bodies owned or managed by the City of Maplewood are not
permitted.
2. Setbacks.
a. All components of GSHPS including pumps, borings and loops shall be set back at
least 5 feet from interior [lido lot lines and at least 10 foet from rear lot lines.
b. Above-ground equipment associated with ground source heat pumps shall not be
installed in the front yard of any lot or the side yard of a corner lot adjacent to a
public right-of-way and shall meet all required setbacks for the applicable zoning
district.
3. Easements. GSHPS shall not encroach on public drainage, utility roadway or trail easements.
4. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in
Minnesota Rules Chapter 7030.
5. Screening. Ground source heat pumps are considered mechanical equipment and
subject to the requirements of Maplewood Building Permit Standards.
6. Deyiations. Any deviation from the required standards of this ordinance may be
permitted through an interim conditional use permit in accordance with Maplewood Zoning
ordinances.
7. Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and
meet the requirements of the State Building Code.
8. Abandonment. If the GSHPS remains nonfunctional or inoperative for a continuous period of
one year, the system shall be deemed to be abandoned and shall constitute a public nuisance.
The owner shall remove the abandoned system at their expense after a demolition permit and g
Minnesota Department of Health well abandonment permit has been obtained in accordance
with the following:
a. The heat pump and any external mechanical equipment shall be removed.
b. Pipes or coils below the land surface shall be filled with grout to displace the heat
transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance
with applicable regulations. The top of the pipe, coil or boring shall be uncovered and
grouted.
c. Lake GSHPS shall be completely removed from the bottom of the body of water.
17
9. Permits. A building permit and interim conditional uso permit, if roquired, shall be obtained for
any GSHPS prior to installation. Borings for vertical systems are subject to approval from the
Minnesota Department of Public Health.
Sec. 4. General Ordinance Provisions
4.1 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.
4.2 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.
4.3 Separability.
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.
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Agenda Item G.b.
MEMORANDUM
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Melissa Wygant, Community Deyelopment Intern
Shann Finwall, AICP, Environmental Planner
Chickens in Residential Zoning Districts
July 15, 2010 for the July 19 ENR Commission Meeting
TO:
FROM:
BACKGROUND
Urban communities throughout the country are considering allowing chickens in residential
areas as a way of promoting urban agriculture and sustainability. There has been an interest by
some Maplewood residents and the Environmental and Natural Resources (ENR) Commission
to allow chickens in Maplewood for this purpose as well. Maplewood's ordinance currently
prohibits poultry, including chickens, in residential zoning districts.
During the May ENR Commission meeting, it was determined that the city should conduct a
thorough review of the costs associated with permitting and enforcing chickens in residential
zoning. The reason for the review is to ensure that all costs associated with raising chickens is
covered by the permit fee and that no taxpayer money is used for this purpose. In order to
determine a fair permit fee, staff researched the costs associated with permitting and
enforcement of chickens in other cities, and reviewed fees that the Maplewood animal control
officer would charge for his services.
DISCUSSION
Cities Which Permit Chickens in Residential Zoning Districts
1. Minneapolis
. Permit requirements:
o Fee- $50 (first year) and $30 (any renewals)
o Map showing chicken coop location in the yard
o Up to 25 chickens are allowed, determined by a chicken/square foot
calculation
o Permit must be approved by at least 80 percent of neighbors within 100 feet
of the property
o Chickens are allowed in garages
o Roosters are prohibited
. Inspection: required before issuing permit and renewal
. The city has not received any complaints about loose chickens
2. St. Paul
. Permit requirements:
o Fee- $25 (first year) and $15 (any renewals)
o Fee increases if a household has four or more chickens-$72
o Map showing location of chicken coop in the yard
o No maximum number of chickens is specified in the St. Paul ordinance
o Permit must be approved by at least 75 percent of neighbors within 150 feet
of the property
o Chickens are allowed in garages
o Rodent proof food containers are required
. Impounding costs:
o Initially: $55
o Additional days: $18 per day
. 5 complaints a week-households that own chickens but do not have a permit
3. Oakdale:
. Permit requirements:
o Permit must be approved by at least 75 percent of neighbors within 150 feet
of the property
o No maximum number of chickens is specified in the Oakdale ordinance
. Inspection: required before issuing permit
. The city has not received any complaints about loose chickens.
. Currently the City of Oakdale only has one permit issued for chickens.
4. Shoreview:
. Permit requirements:
o Fee- $30
o Up to four chickens are allowed on residential property of two acres in size or
less.
o More than four chickens are allowed on residential property greater than two
acres in size
o Map showing location of chicken coop in the yard
o Roosters are prohibited
o Slaughtering of chickens is prohibited
. Inspection: required before issuing permit and renewal
5. Burnsville:
. Permit requirements:
o Fee- $50
o Up to four chickens are allowed on residential property
o Map showing location of chicken coop in yard
o Chickens are not allowed to be stored inside garages or attached structures
to homes.
o The city proYides leg bands for the chickens to be identified if a chicken goes
missing.
o Chickens must be fenced
6. Rosemount:
. Permit requirements:
o Up to three chickens allowed on a residential property, no permit required
o License: is required in order to have chickens and is issued on an annual
basis.
o Residents must be informed of the proposed chicken coop
o Rodent proof food containers are requires.
o Map showing location of chicken coop in yard
2
a The chicken coop must be 75 feet from any other residential structure and ten
feet from the property line.
a The chickens must be raised in a manner not to cause injury or annoyance to
persons on other property in the vicinity by reason of noise, odor, or filth.
. Inspection: required before issuing a license
. A chicken may be humanely euthanized or sold after it has been impounded for a
violation of the ordinance and no owner has claimed the chicken within five business
days.
Impacts of Chickens in Residential Zoning Districts
Since last fall, the ENR Commission has reviewed positive and negatiYe impacts caused by
raising chickens in residential areas for the production and personal consumption of eggs.
Positive impacts outlined by several residents include allowing homeowners to produce their
own food, healthy and organic eggs, and fertilization of gardens from chicken manure. Negative
impacts outlined by the Chief of Police, Animal Control Officer, and Health Officer include
nuisance complaints from neighbors, costs associated with picking up and impounding stray
chickens, administration of the initial and yearly inspections, and disease concerns.
Because of the continued interest in allowing chickens in residential areas by residents, the
ENR Commission requested that staff draft an ordinance which would allow chickens in
residential areas, while regulating the use to ensure negative impacts are addressed. The ENR
Commission briefly reviewed the proposed ordinance drafted by staff below during the March
meeting. A summary of the ENR Commission comments include:
. How do we determine cruelty to chickens?
. Consent requirement for real estate within 150 feet of the property:
a Could mean just the consent of four neighbors?
a Consent requirement should require consent from neighbors across the street
. Costs associated with enforcement and permit? The ordinance should ensure the
city is able to recoup the costs of picking up and housing stray chickens from the
owners.
. Chickens should not be housed in any building where there is human activity.
. We should look at allowing chickens based on the size of the lot.
. Heating of chicken coops during the winter with a bulb could pose a fire hazard.
Staff reviewed these issues and summarizes below:
Chicken Cruelty: The proposed ordinance has language which states that the city can revoke a
permit if any state or local law governing cruelty to animals or the keeping of animals occurs.
The animal control officer would determine cruelty to chickens under these provisions.
Consent Requirements: Residential lots in Maplewood are 75 feet in width on average. The
proposed ordinance would require consent from neighbors within 150 feet of the property
proposing chickens. On average the 150 feet would require notification of two homes on each
side of a property. Thus permission would be required for a total of eight homes on average
(two homes on either side, one behind, two diagonally behind, and one across the street - which
was added to address the commission's concerns regarding consent from neighbors across the
street).
3
Costs of Enforcement: In the case of a chicken nuisance in Maplewood, the animal control
officer would address the issue. It may be necessary to impound the chicken after a complaint.
The City of Maplewood sends all stray domestic animals to the Hillcrest Animal Hospital. Fees
for the cost of enforcement and impounding of a chicken are listed below:
Fee Charge
Animal Control Officer (charges the city) $38.00/hour
Animal Control Officer (called out) $82.00
.,
Impound Chicken (Hillcrest Animal Hospital) $42.00
BoardinG Chicken (Hillcrest Animal Hospital) 18.00/day or $1 02-for 6 days
If the city had to deal with a stray chicken, the overall cost would be $82 for the animal control
officer to pick up the animal and $42 to impound the chicken. If an owner did not pick up a
chicken that same day, the fee would increase $18 a day, for amaximum of six days. After six
days the animal becomes the property of Hillcrest Animal Hospital, who attempts to find a home
for animals. On some occasions, however, an animal may need to be euthanized.
Costs of Permit: The permit process would include a property owner submitting an application
and fee to the community deyelopment department. City planners would review the permit to
determine if all required materials were submitted and review the zoning and neighborhood
consents. Once the permit is complete, the city planners would forward the permit to the animal
control officer for an initial inspection. If the inspection was approved, the city planner would
sign off on the permit and submit it to the city's licensing clerk, who would process the permit
and ensure annual reviews.
Staff estimates that it would take the city planner approximately one to two hours to complete
their work, animal control officer's review and inspection would take one hour, and the licensing
clerk would take one hour to input and process the permit. Overall staff time would take four
hours on average. Using the animal control officer's hourly fee to the city, the city should
charge $114 to $152 for an initial permit in order to recoup costs associated with processing the
permit. Less could be charged for the renewals.
Chickens Housed in BuildinGS Where there is Human Activity: Language was added to the
ordinance which prohibits housing chickens in a_human use building such as a basement,
attached garage or detached garage. A separate chicken coop is required to house the
chickens.
AllowinG Chickens Based on the Size of the Lot: On average Maplewood's single dwelling
residential lots are 10,000 square feet. There are some pre-existing lots which are smaller
(7,500 square feet or so). The ordinance does not suggest a minimum lot size, only that
chickens would be allowed in "any" single dwelling residential zoning district with restrictions on
number of chickens, etc.
HeatinQ of Chicken Coops with a LiQht Bulb: There was concern expressed about fire hazards
caused with extension cords from electrical outlets to a chicken coop in order to heat the coop
with a light bulb. Chicken coops do not have to be heated in the winter. However, if they are
4
the ordinance does state that the permit can be revoked if deemed necessary to protect any
person or neighboring use from unsanitary conditions, unreasonable noise or odors, or
annoyance, or to protect the public health and safety.
Proposed Ordinance Amendment
Residential Zoning:
Following is language which currently exists in the city code regarding residential areas.
Revisions to the ordinance since the commission's reyiew in May are underlined if added and
stricken it deleted.
Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence
District)
Sec. 44-6. Definitions.
Poultry means domesticated birds that serve as a source of eggs or meat and that
include among commercially important kinds, chickens, turkeys, ducks, geese, peafowl,
pigeons, pheasants and others.
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 residence district:
(1) The raising or handling or livestock, poultry (except for chickens as outlined in
Sections 10-476 through 10-487, Chickens) or animals causing a nuisance,
except for licensed kennels.
FollowinQ are additional prohibited uses which currently exist in the R-1 residence district, but
should also be applied to the followinG residential district lanQuaGe: R-1 S, and R-1 R.
Chapter 44 (Zoning), Article II (District Regulations), Division 3.5 (R-1 R Rural
Conservation Dwelling Residence District)
Sec. 44-118. Prohibited Uses.
The city prohibits the following uses in the R-1 R zoning district:
(1) Accessory buildings without an associated single dwelling on the same property.
(2) The raisinG or handlinQ or livestock, poultry (except for chickens as outlined in
Sections 10-476 throuQh 10-487, Chickens) or animals causinQ a nuisance,
except for licensed kennels.
(3) Commercial plant nurseries, commercial Qreenhouses, farms or any structure for
the sale or display of commercial products, when not on a property with a
residential use.
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Chapter 44 (Zoning), Article II (District Regulations), Division 5 (R-1S Small-lot
Single Dwelling District)
(1) Accessory buildinGs without an associated dwellinQ on the same premises.
(2) The raisinG or handlinQ or livestock, poultry (except for chickens as outlined in
Sections 10-476 throuQh 10-487, Chickens) or animals causinQ a nuisance,
except for licensed kennels.
(3) Commercial plant nurseries, commercial Greenhouses, farms or any structure for
the sale or display of commercial products, when not on a property with a
residential use.
Animals:
Following is proposed language which would specify the permitting requirements for chickens in
residential areas. This language would be added to animal chapter of the city code. Much of
the language is taken from the city's existing dog section of the animal ordinance. ChanGes to
the proposed ordinance based on the ENR Commission's comments in March are underlined if
added and stricken if deleted:
Chapter 10 (Animals), Article IX (Chickens)
Sec. 10-476. Definitions.
Chicken means a domesticated bird that serves as a source of eggs or meat.
Hen means a female chicken.
Rooster means a male chicken.
Sec. 10-477. Investigation and enforcement.
Officers designated by the city manager and approved by the city council shall haye
j:lGliGe powers in the inyestigation and enforcement of this article, and no person shall
interfere with, hinder or molest any such officer in the exercise of such powers. The
officer shall make investigations as is necessary and may grant, deny or refuse to renew
any application for permit under this article.
Sec. 10-478. Limitations for each dwelling unit in residential zones.
No more than six (6) hens shall be housed or kept on anyone residential site in any area
of the city zoned for single dwelling residential with a permit as outlined below. Roosters
are prohibited. Slaughtering of chickens is prohibited. Chickens are not allowed to be
housed in a human use buildinQ such as a basement. attached GaraGe or detached
GaraQe. A separate coop is required to house the chickens.
Sec. 10-479. Permit required.
The officer shall grant a permit for chickens after the applicant has sought the written
consent of seventy-five (75) percent of the owners or occupants of privately or publicly
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owned real estate within one hundred fifty (150) feet of 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 structure
Consent is also required where a street separates the premises for which the permit is
being requested from other neighboring property if it meets the distance requirements
specified above. Where a property within one hundred fifty (150) feet 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.
Sec. 10-480. Application.
Any person desiring a permit required under the provisions of this article shall make
written application to the city clerk upon a form prescribed by and containing such
information as required by the city clerk and officer. Among other things, the application
shall contain the following information:
(a) A description of the real property upon which it is desired to keep the chickens.
(b) The spocios breed and number of chickens to be maintained on the premises.
(c) A site plan of the property showing the location and size of the proposed chicken
coop, setbacks from the chicken coop to surrounding buildings (including houses
and buildings on adjacent lots, and the location, style, and height of fencing
proposed to contain the chickens.
(d) A statement that the applicant will at all times keep the animals in accordance
with all of the conditions prescribed by the officer, or modification thereof, and
that failure to obey such conditions will constitute a violation of the provisions of
this chapter and grounds for cancellation of the permit.
(e) Such other and further information as may be required by the officer.
Sec. 10-481. Permit conditions.
If granted, the permit shall be issued by the city clerk and officer and shall state the
conditions, if any, imposed upon the permitted for the keeping of chickens under this
permit. The permit shall specify the restrictions, limitations, conditions and prohibitions
which the officer deems reasonably necessary to protect any person or neighboring use
from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the
public health and safety. Such permit may be modified from time to time or revoked by
the officer for failure to conform to such restrictions, limitations, prohibitions. Such
modification or revocation shall be effective from and after ten (10) days following the
mailing of written notice thereof by certified mail to the person or persons keeping or
maintain such chickens.
Sec. 10-482. Violations.
(a) Any person violating any of the sections of this article shall be deemed guilty of a
misdemeanor and upon conviction, shall be punished in accordance with section
1-15.
(b) If any person is found guilty by a court of violation of section 10-1, their permit to
owner, keep, harbor, or have custody of chickens shall be deemed automatically
revoked and no new permit may be issued for a period of one year.
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(c) Any person violating any conditions of this permit shall reimburse the city for all
costs borne by the city to enforce the conditions of the permit including but not
limited to the pick up and impounding of uncontained chickens.
Sec. 10-483. Required; exceptions.
No person shall (without first obtaining a permit in writing from the city clerk) own, keep,
harbor or have custody of any chicken.
Sec. 10-484. Fees; issuance.
For each residential site the fee for a permit is as may be imposed, set, established and
fixed by the city council, by resolution, from time to time.
Sec. 10-485. Term.
The permit period under this section shall commence on January 1 of the year the permit
is issued and will terminate on Docomber 31 of the year after the permit is issued
after one year that the permit is issued.
Sec. 10-486. Revocation.
The city manager may revoke any permit issued under this division if the person holding
the permit refuses or fails to comply with this article, with any regulations promulgated by
the council pursuant to this article, or with any state or local law governing cruelty to
animals or the keeping of animals. Any person whose permit is revoked shall, within ten
days thereafter, humanely dispose of all chickens being owned, kept or harbored by
such person, and no part of the permit fee shall be refunded.
RECOMMENDATION
Review and comment on the proposed ordinance amendment outlined above. This amendment
would allow residential property owners to own chickens with a permit.
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