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HomeMy WebLinkAbout2010-08-16 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday, August 16, 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: a. June 23,2010 b. July 19, 2010 5. New Business a. Recycling Proposals 6. Unfinished Business a. Alternative Energy Ordinance 7. Visitor Presentations 8. Commission Presentations 9. Staff Presentations a. Update on August 9,2010, City Council Meeting -Items Reviewed Include the Wetland Variance for The Shores at Lake Phalen Senior Housing Development b. Subcommittee Updates c. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a. DRAFT MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, June 23,2010 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Chair Trippler. B. ROLL CALL Dale Trippler, Chair Randee Edmondson, Commissioner Judith Johannessen, Commissioner Carole Lynne, Commissioner Carol Mason Sherrill, Commissioner Bill Schreiner, Commissioner Ginny Yingling, Commissioner Present Present Present Present Present Absent Present Staff Present Shann Finwall, Environmental Planner C. APPROVAL OF AGENDA The following items were added to the Agenda: a. Commissioner Johannessen added item 8.a. - Watershed District Boat Tour b. Commissioner Yingling added item 8.b. - Fish Creek Update Commissioner Yingling moved to approve the agenda as amended. Seconded by Commissioner Mason Sherrill. The motion carried by a vote of 6 to O. D. APPROVAL OF MINUTES Approval of May 10,2010, Environmental and Natural Resources Commission Minutes Commissioner Yingling questioned item #4 on pg 3: the question as to how a turbine actually reduces a home's energy consumption. She did not believe the question was posed in those terms and suggested that, unless someone remembers what the actual question was, it be stricken from the minutes. Chair Tripplerrequested that the term "guide wires" in item #5 on page 3 be changed to read "guy wires." Chair Trippler pointed out that the description in item #8 regarding the setback of the tower says both 2.5 and 1.1 times the height of the tower. Since it has to be one or the other, he believes the June 23, 2010 Environmental and Natural Resources Commission Meeting Minutes 1 draft ordinance intended a setback distance of 1.1 times the height of the tower and that item #8 should be so modified. E. NEW BUSINESS 1. Wetland Variance - Goodwill Development (2580 White Bear Avenue) Jim Kellison, of Kelco Services, LLC was present to discuss the development. Goodwill is requesting the following wetland buffer variances: 70' on the north side of the site and 15' on the east side of site. Overall the commissioners felt that the project would create improvements to the wetland and creek with the reestablishment of the 50 foot buffer along the wetland and portions of the buffer adjacent the creek as well as the stormwater improvements on the overall property. Commissioner Trippler expressed concern over the fact that the creek wetland buffer request is so extreme. The required buffer is 100 feet and the applicants propose to reestablish buffer in less than half of that area. Commissioner Yingling moved to approve the variance request with two new conditions: a) To lower the impact on the creek on the north side, they approve a variance on parking spaces so that 10 parking spaces on the east side could be included as "proof of parking" only, thereby rendering the 15' variance unnecessary. b) Use a native grass instead of Kentucky blue grass. The motion was seconded by Commissioner Edmundson. The motion carried by a vote of 4 to 2 with Commissioners Johannessen and Trippler voting against the motion. 2. Wetland Variance - The Shores at Lake Phalen (940 Frost Avenue) Jim Schlomer of Kaas/Wilson Architects was present to discuss the development. Ron Leaf, the city's storm water consultant with SEH, presented specifics of the storm water and wetland improvements. Commissioner Trippler moved to recommend approval of the variance request with one new condition: the applicant rotates the building footprint slightly counter clockwise to the southwest to reduce the buffer variance from 45' down to 20 to 25' if possible. The motion was seconded by Commissioner Yingling. The motion passed by a vote of 6 to O. 3. Capital Improvement Plan Presentation Environmental Planner Shann Finwall presented the specifics of the CIP. Following discussion it was determined that the landfill project should remain on the list of projects deferred or declined. Commissioner Yingling moved to approve the CIP with the following revisions: June 23, 2010 Environmental and Natural Resources Commission Meeting Minutes 2 a) In # 8 of the memo from the city manager, delete the first occurrence of the word ucome." b) Page 5, # 3, Gladstone Phase 3: Include the date it is proposed to be done. Page 53, Joy Park improvements: it mentions improvements in 2012 and 2013; however, the funding shows $0. Add budget amount. c) The budget shows Lion's Park expenditures of $50K in 2011; however, it is not listed in the projects for 2011. It was determined that Joy Park is listed twice; one entry should be for Lion's Park. The motion was seconded by Commissioner Mason Sherrill. The motion carried by a vote of 6 to O. d. National Pollutant Discharge Ron Leaf, SEH, presented the annual report and answered questions of the commission. F. UNFINISHED BUSINESS a. Altemative Energy Ordinance [tabled until July] b. Chickens in Residential Districts [tabled until July] G. VISITOR PRESENTATIONS There were no visitor presentations H. COMMISSION PRESENTATIONS 1. Boat trip: Commissioner Johannessen reported on a boat trip she and another commissioner took to Ramsey Metro Watershed district. Various watershed districts are collaborating to enhance and clean up the park in the area toured. During the tour, presentations were made on plans for the area, funding to be used, and the Coon Rapids Natural area, which is being developed as a recreational and education area. 2. Fish Creek: Commissioner Yingling updated the commission on Fish Creek. The City Council reviewed a proposal from staff, which proposed using Economic Development bonding to get the 2.5 million dollars to purchase the property. There is discomfort on both sides about using the Economic Development that way because it would take up half of the bonding authority. Staff is authorized to begin discussions about buying 20 acres of the highest environmental quality to create the buffer along the creek corridor and along the bluff lands. This would allow the city to finish the hiking trail along Fish Creek. Other funding options are also being investigated. I. STAFF PRESENTATIONS Environmental Planner Shann Finwall reported on the following: 1. The Storm Water ordinance was adopted by the City Council at the June 14 meeting. The ordinance includes prohibition on coal tar sealant. 2. Recycling Program: The city has received six letters of intent from various providers. Proposals are due June 30. The committee will review the proposals prior to the July 19 ENR commission meeting, at which a report will be given. June 23, 2010 Environmental and Natural Resources Commission Meeting Minutes 3 3. Greenways Subcommittee: Staff and Commissioner Yingling will schedule a meeting with the Greenway subcommittee to talk about the planned fall public meeting to get feedback on how people feel about the greenways in their areas. 4. Environmental neighborhood groups learned that Xcel Energy has chosen Maplewood as one of four cities to do energy sweeps and assist with energy efficiency programs, such as going into neighborhoods and doing basic energy efficiency upgrades. Residents pay only for materials, not for labor. Staff will look for dates to meet with the subcommittee. 5. Organized Trash Hauling: A subcommittee meeting was held to discuss the work plan and layout what will be needed over the next six months. In an effort to inform and educate the public before moving forward with the program, Shann Finwall will write an article for the August newsletter to highlight the environmental benefits of organized trash hauling, and it will be on Spotlight on Maplewood in August. A workshop will be held on August 2 with the city council. It is hoped that the council will adopt a resolution of intent on September 13. 6. ADJOURNMENT Chair Trippler adjourned the meeting at 9:47 p.m. June 23, 2010 Environmental and Natural Resources Commission Meeting Minutes 4 Agenda Item 4.b. DRAFT MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, July 19, 2010 Council Chambers, City Hall 1830 County Road BEast 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m. by Chair Trippler. 2. ROLL CALL Dale Trippler, Chair Randee Edmondson, Commissioner Judith Johannessen, Commissioner Carole Lynne, Commissioner Carol Mason Sherrill, Commissioner Bill Schreiner, Commissioner Ginny Yingling, Commissioner Present Present Present Present Present Absent Present Kathleen Juenemann, City Council Liaison Present Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Environmental Planner, Shann Finwall explained that item 5.a. (Recycling Proposals) would be tabled until the August meeting because staff is waiting for additional cost information received from two of the prospective providers to be added to the analysis. It is anticipated that the proposals will be reviewed with the City Council at either the August 23 meeting or the first meeting in September. Commissioner Mason Sherrill moved to approve the agenda as amended. Seconded by Commissioner Johannessen. The motion carried by a vote of 6 to O. 4. APPROVAL OF MINUTES Approval of June 23, 2010, Environmental and Natural Resources Commission Minutes Ms. Finwall requested that approval of the June 23 ENR minutes be tabled until the August meeting. This delay is due to the need to transition the minute taking functions to a new employee. 1 July 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 5. NEW BUSINESS a. Recycling Proposals - Tabled until August 6. UNFINISHED BUSINESS a. Alternative Energy Ordinance Environmental Planner Finwall updated the commission and gave the report of the draft alternative energy ordinance. The city adopted the energy efficiency and conservation strategy in December 2009, which was required as part of the Energy Efficiency and Conservation Block Grant. The strategy was created to improve long-term operational energy efficiency and includes policies to ensure achievement of the city's goals. George Johnson, Senior Scientist with Short Elliott Hendrickson, drafted the alternative energy ordinance for the city's review and was present to answer questions. The commission discussed questions and concerns regarding the draft ordinance as follows: Wind Turbines: 1. It was clarified that the city should allow wind turbines with a permit in any single dwelling residential zoning district. 2. There was confusion about the terms Micro WECS versus Residential WECS. It was recommended that one term be used consistently throughout the ordinance. 3. Rotor blades should maintain at least 20' of clearance from the ground, not 120'. 4. All references to and definition for meteorological towers should be removed from this ordinance. 5. The tower configuration reference should be deleted since the tubular/modular- type of tower is not permitted. 6. Language should be added to state specifically that the placement of signs cannot be placed on towers. The purpose for this is to ensure the towers don't become billboards. 7. Clarification was given regarding 55 decibels; it is the equivalent of something between normal speech and shouting. 8. Feeder Lines: "Leads have to be buried within the interior of the subject parcel." There was discussion regarding the need to allow overhead lines. 9. The commission expressed concern about a reference to "Model Community General Development Standards for Essential Services." Mr. Johnson will rephrase the item to remove the reference. 10. The commission questioned the reference to roof-mounted WECS having a total height of 25'. Also, the reference to the blade not extending to within 20 feet of the ground should be stricken. 2 July 19, 2010 Environmental and Natural Resources Commission Meeting Minutes 11. Any definitions for terms not used in the document should be removed from the list of definitions. Also, any definitions that are redundant, such as system height versus tower height and utility turbine and commercial WECS, should be consolidated within the definitions and throughout the document. It was recommended that the entire document be reviewed to ensure consistent language is used. 12. Following discussion, the commission agreed to include commercial systems in the ordinance. It was further agreed that commercial systems must be approved under a Conditional Use Permit. Specific discussion included setting a maximum height and limiting the maximum number or density of commercial systems based on the size of the property. 13. The city should prohibit the removal of significant trees for the installation of wind turbines. 14. There was ongoing concern about the impact wind turbines will have on birds, bats and other wildlife. It was presented that the National Wind Organization has found that reducing the speed of the turbines at specific times of day and specific times of the year significantly reduces the impact on wildlife. It was suggested that specific language around wildlife protections be included. Solar Energy Systems: 1. It was explained that passive solar systems are systems that do not actively heat water or actively generate electricity, similar to a greenhouse. 2. The same issue regarding feeder lines being buried as with wind turbines. 3. The term GSHPS is used without a definition. 4. Exterior piping only being allowed in the side yard should be modified to include back or rear yard. 5. The commission expressed concern over the statement that ground-mounted systems have to be in "rear" yard. It was suggested that achieving the best solar exposure is the most important issue; therefore, this should be modified to allow systems to be located in other areas such as side or front yards. It was also suggested that specific language be included to limit size or capacity. It was noted that this issue may connected to the Accessory Structure Ordinance, which only allows these structures in the rear yard. 6. It was suggested that the various sections of both the Solar Energy Systems and the Wind Energy Systems be organized in a similar order. Also, "Solar Systems" should be referred to as Solar Energy Systems and abbreviated SES. Geothermal Systems 1. It was noted that geothermal systems will only allow closed systems. 2. Geothermal in public waters should be prohibited. Mr. Johnson will make all recommended modifications and resubmit to the ENR for review again in August. The commission requested that the revised ordinance draft include 3 July 19, 2010 Environmental and Natural Resources Commission Meeting Minutes pictures of some of the various wind turbine designs to demonstrate the scale, specifications of output, etc. Kathleen Juenemann, City Council Liaison, shared her perspective regarding the charge of the ENR Commission. She believes the primary focus of the ENR should be the environmental issues, and expressed concern that these issues were not addressed until the end of this discussion. She believes it is important for the ENR to be in front of the changing technology and be able to talk about why [the city] should regulate it. She believes the environmental weight behind regulation should come from this commission. The commission agreed to add language in the purpose and intent section and 1.11 that addresses the environmental issues. b. Chickens in Residential Districts Ms. Finwall updated the commission and gave the report of the draft ordinance. The current ordinance prohibits poultry including chickens in residential districts. The city has reviewed and discussed the issues of permitting, costs and enforcement with six cities that currently allow chickens in residential districts. It is estimated that the cost of dealing with a stray chicken would cost the city between $60 and $150. It is also estimated that it would cost the city approximately $114 to process a permit. It was suggested that Maplewood consider following the fee structure currently used by the city of Minneapolis: $50 for initial permit and a $30 annual renewal. The following changes to the ordinance were suggested by the commission: Section 44.103, Prohibited Uses: "handling livestock" should be changed to "handling of livestock" throughout. 44.118 Prohibited Uses: Staff to restate in all instances to ensure clarification. Section 10,477: Add the word "terminate" to the phrase "...grant, deny or refuse..." Section, 482, Violations: Clarify what the punishment under 115 is. Also clarify language about being found in violation. It was suggested that this section be modified to cover both contained and uncontained chickens. The commission discussed including leg banding as part of the permit process. This would allow the city to identify the owner of any stray chickens in order to pass the cost of managing this to the owner. Based on discussion among the commission and input from audience members, Commissioner Yingling moved that leg banding be included where appropriate, that the ENR recommend the city follows the Minneapolis fee structure instead of the staff recommendation, to amend Section 10, 480, Applications, part C, to allow portable cages for daytime runs, and Section 10, 478 regarding limitations to provide exceptions to allow chickens indoors during the brooding period. Johannessen seconded the motion. The motion passed by a vote of 5 to 1. 4 July 19, 2010 Environmental and Natural Resources Commission Meeting Minutes Commissioner Edmundson moved that Section 10, 478, be revised to allow a maximum of ten (10) chickens and that the brooding period is not to exceed three (3) weeks. Commissioner Yingling seconded the motion. The motion passed by a vote 6-0. 7. VISITOR PRESENTATIONS Diana Longrie,1771 Burr Street, Maplewood. Ms. Longrie expressed her opinion that the charge of the Environment and Natural Resources Commission does include having a holistic vision of renewable resources in our city, county, state and nation. She believes the discussion on solar energy and wind energy are indeed exactly what the ENR is charged with, and thanked the commission for it. 8. COMMISSION PRESENTATIONS There were no commission presentations. 9. STAFF PRESENTATIONS a. Update on the June 28 and July 12, 2010, City Council Meetings - Wetland Buffer Variance Requests for Goodwill and The Shores at Lake Phalen Environmental Planner Finwall updated the commission on the Goodwill and The Shores projects. The buffer variance for the Goodwill project was approved without the need to remove the parking spaces, but does include requiring that native grass be planted instead of the Kentucky Bluegrass that was originally proposed. The Shores at Lake Phalen discussion was tabled; the city council will see that proposal on August 3. b. National Night Out - August 3 Environmental Planner Finwall reported that Maplewood's recycling partner, Eureka Recycling, wants to promote recycling by distributing recycling bins at the event. They are hoping that some ENR commissioners will be available to assist in that effort. Staff will send the event information to the commissioners. c. Taste of Maplewood - August 6 and 7 The city's two-day Taste of Maplewood event will be held at Goodrich Park. The hours are Friday from 4:00 to 10:00 p.m. and Saturday from 10:00 a.m. to 10:00 p.m. Eureka and Xcel Energy will have booths at the event. Staff reported that there are many volunteer opportunities for the event. This prompted discussion around recommending to the city that it work toward zero-waste events by requiring vendors to use compostable and recyclable materials to serve food to customers. Eureka has a program to assist organizations in hosting zero-waste events. Staff reported that recycling coordinator, Bill Priefer, has been working with the event organizers to work toward a reduced-waste event. It was cost prohibitive to require vendors to use compostable serving products this year; however, they will continue the effort for next year's event. Staff also reported that the Green Team is looking at adopting an environmental purchasing policy that will focus on these large events as well. 5 July 19, 2010 Environmental and Natural Resources Commission Meeting Minutes d. Subcommittee Updates Greenways: The committee will hold neighborhood meetings to inform and educate those who live near the greenways on the benefits of the greenways and ways to improve and protect them. The committee wants to focus on the public areas of the greenway, therefore, will use the Priory Greenway as an example, which currently has projects and development underway. The city can be the demonstrator of different kinds of technologies and then the nature center can be encouraged to develop classes to teach the public how to improve their sections of the greenways. Chair Trippler feels it will be important to get the public involved and asked Commissioner Johannessen to identify potential leaders as she is working in the various neighborhoods. Trash Hauling: Staff updated the commission on the status of this effort. The subcommittee is starting with education process to notify the public and inform them on why the city wants to review the current trash hauling system. An article will be included in the August newsletter. This will also be on Spotlight on Maplewood, which will air in August. Staff will have airing information posted on the website. The committee will update the City Council on the work plan including the intent to organize. Neighborhood Groups: Commissioner Johannessen updated the committee on recent activity. The goal is to develop strategies for conservation and sustainability in small areas of the city. Maplewood is one of four cities selected to participate in Xcel Energy's Home Energy Squad program. The committee plans to hold a workshop to present the program to the residents of Maplewood, which will probably be in October. Maplewood Nature Center Programs, 2659 East Seventh Street: Staff updated the commission on programs being offered in August: 1. Inviting Butterflies to Your Yard: Sat, Aug 7, 2:00 - 3:30 $3 person, $5/family 2. Living on the Water's Edge. Tues, August 10, 6:30 to 8:30 at Joy Park, on the north side of Silver Lake. Will showcase improvements to wetland buffer. Free program. 3. Natural Play Area Sat, Aug 21, 1 :00 to 3:00. Celebrate opening of the new play area. Free program. 10. ADJOURNMENT Chair Trippler adjourned the meeting at 9:26 p.m. 6 July 19, 2010 Environmental and Natural Resources Commission Meeting Minutes Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Recycling Proposals August 11, 2010 for the August 16 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: . August 16, 2010: ENR Commission recommends top three recycling proposals to the city council. . September 13, 2010: City Council approves a recycling contractor and authorizes staff to begin negotiations of a recycling contract. . September 27 or October 11, 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. 2 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 3 Environmental Review Committee's Recommendation The Environmental Review Committee is made up of two Environmental Commissioners (Commissioners Trippler and Yingling). The Review Committee ranked all six proposals based on the evaluation criteria in the RFP and described above. The average of the two scores from each Commissioner for each vendor was used to determine the top three vendors as follows: 1. Eureka - 83.25 points 2. Tennis a. Option 4 (weekly pick up, $2 per single and multi family, $.25 credit per household per month, with city bins) - 74.25 points b. Option 5 (weekly pick up, $1.75 per single and multi family, with city bins) -74.25 points 3. Veolia - 63 points 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. (sent to Commissioners previously) 4 Agenda Item 6.a MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Alternatiye Energy Ordinance August 11, 2010 for the August 16 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). 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 Attachment 1 ORDINANCE NO. XXX DRAFT 3 (August 16,2010) AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING ALTERNATIVE ENERGY SYSTEMS (Wind, Solar, Geothermal) The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance creates a new alternative energy ordinance which will be placed in the Environment Chapter (Chapter 18) of the city code. Section 1. Scope. This ordinance applies to the regulations of alternative energy systems within the City of Maplewood, Ramsey County, MN. The ordinance focuses on wind turbines, solar photovoltaic systems, and geothermal ground-source heat pumps. Section 2. 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. Maplewood believes 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 strongly encourages increased energy conservation and improved energy efficiency, we also believe that increased use of appropriate alternative energy systems are an important part of improving urban sustainability. In order to balance the need to improve energy sustainability through increased use of alternative energy systems, yet balance citizens valid concerns for preservation of public health and welfare, environmental quality, the need to maintain visual and aesthetic values, and existing neighborhood social and ecological stability, while realizing the possibility of future changes in world energy markets, Maplewood has developed a set of regulations to supplement existing building codes, zoning and land use practices. Citizens of Maplewood are particularly concerned that wind enerqy systems be desiqned to minimize the neqative impact on bird and bat species which are particularly vulnerable to mortality from these enerqy qatherinq machines. Section 3. Wind Energy Sources & Systems a. Definitions, Wind 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: ^ggregated Project. ^ggregated projects are those which are developed and operated in a coordinated fashion, but which have multiple entities separately owning one or more of the indi'/idual 'NECS within the larger project. J\ssociated 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. 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 systems are regulated at the State level and would not likely be placed anywhere in Maplewood. Non-Commercial WECS. A WECS greater than 2 kW but less than 100 kW in total name plate generating capacity. Usually intended to supply power to businesses or multiple housing units. Fall Zone. The area, defined as the furthest distance from the tower base, in 'shich a tower will collapse in the event of a structural failure. 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 mcis 'Nind turbine. 1\ 'Nind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. Hub. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. Hub height. The distance measured from natural grade to the center of the turbine hub. Meteorological Tower. 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. WECS of two (2) kW nameplate {manufacturers suggested maximum) generating capacity or less mounted on a tower. Micro-WECS are generally smaller height wind turbine units intended to generate power for a single home or restricted purpose. Monopole to'....er. 1\ 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. Rosidential wind turbino. /\ wind turbine of 10 kilowatt (k'N) namopbto gonomting capacity or less. Roof-Mounted WECS. A WECS utilizing a turbine mounted to the roof of a structure and having a maximum rotor diameter of seven (7) feet. Rotor Diameter. The diameter of the circle described by the moving rotor blades. Small wind turbine. A wind turbine of 100 kW nameplate generating capacity or less, but greater than 2 kW generating capacity. Standard Soil Conditions. 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. Systom Height. The highest point abeve gmde, measured from the base of a 'lVECS to the tallest point of tho systom and shall include the systoms rotor piano. Tower. Vertical structures that support the electrical generator, rotor blades, or meteorological equipment. Tower Height. The total height of the WECS, including tower and rotor at its highest point. Utility wind turbine. .^. wind turbine of more than 100 k'N nameplate gonomting capacity. Vertical axis wind turbine. I'. type of wind turbino '....hore the main rotor shaft runs vertically. WECS. A Wind Energy Conversion System which is an electrical generating facility comprised of one or more wind turbines and accessory facilities, including but not limited to: power lines, transformers, substations and metrological towers that operate by converting the kinetic energy of wind into electrical energy. The energy maybe used on- site or distributed into the electrical grid. Wind energy system. 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. b. WECS 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. Utility Scale Commercial WECS Districts. (a) Ground Mounted Commercial WECS shall not be permitted in Heavy Manufacturinq, Liqht Manufacturinq, Business Commercial, and Multiple Dwellinq Residential aflY zoning districts with approval of a conditional use permit. (b) Roof Mounted Commercial WECS shall not be permitted in Heavy Manufacturinq. Liqht Manufacturinq. Business Commercial. and Multiple Dwellinq Residential aflY zoning districts with approval of a conditional use permit. 2. Non-YMity Ssale Commercial WECS Districts. (a) Ground Mounted Non-Utility Scale WCES shall be deemed an accessory structure, permissible in all non-residentially zoned districts. (b) Roof Mounted Non-commercial WCES shall be permitted in all non- residentially zoned districts. 3. Micro-WECS Districts. (a) Ground Mounted Micro-WCES shall be deemed an accessory structure, permissible in all zoning districts. (b) Roof Mounted Micro-WCES shall be permitted in all zoning districts. c. Freestanding WECS 1 Design and Placement. All Freestanding WECS shall: (a) Height: (1) Non-Commercial WECS shall have a total height, including tower and rotor at its highest point, of less than seventy-five (75) feet. (2) Micro-turbine WECS shall have a total height, including tower and rotor at its highest point, of less than sixty (60) feet. (b) Placement: (1) Be located entirely in the rear yard. (2) Have a minimum setback distance of one and one-half (1 Y2)Jimes the height from any property line, public right-of-way, electric substation, transmission line, dwelling, or other WECS, (3) Non-Commercial WECS - one (1) non-commercial WECS shall be allowed on a single lot of one (1) acre or more. All other parcels will be limited to one (1) WECS per five (5) acres of land area. (4) 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 protective barrier to prevent unauthorized access to the lower eight (8) feet of the tower. (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 voltage, and providing the emergency contact information for the operator. d. Roof-Mounted WECS. 1. Design and Placement. All Roof-Mounted WECS shall: (a) Have a maximum power rating often (10) kW nameplate generating capacity (b) Be limited to the principal building for any parcel unless approved by the Zoning Board of 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 not to exceed twenty-five (25) feet. am:! no portion of the VVECS blade shall extend within twenty (20) feet ef 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. Multiple WECS will be permitted only within commercial or industrial zoned districts. e. 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. 5. State, Federal and Local Regulations. In addition to the requirements listed in this Section, a WECS must: 6. Comply with all Federal and State regulations. 7. Comply with all local regulations and requirements for the applicable zoning district, including, but not limited to, setback, height, noise, and nuisance requirements. 8. 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. 9. 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. 10. Removal of trees: No siqnificant trees shall be removed with the installation of WECS. f. Commercial Installations All WECS shall be limited to the purpose of on-site energy production, except that any additional energy produced above the total 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. g. Abandonment. A WECS 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 subject to removal at the expense of the operator. h. 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. i. Standards and Certification 1. 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. 2. 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. j. 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 commorci::!1 and micro WECS, certification can be demonstrated by tho manufacture's enginoor or another qualified engineer. 2. Clearance - Rotor blades or airfoils must maintain at least 20 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. Considoration shall be givon to painted aviation 'Narning on metrological towors of loss than 200 feot. 4. Energy Storage - Batteries or other energy storage devices shall be designed consistent with the Minnesota Electric Code and Minnesota Fire Code. 5. Tower Configuration. All wind turbines that are part of a commercial WECS shall be installed with a tubular, monopole type tower. 8. Noise All WECS shall comply with Minnesota Rulos 7030 governing noiso. 6. Electrical Codes and Standards - All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards. 7. 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) Providing the following information in the application: (1) natural heritage concerns within the project (2) public lands within one mile of the project (3) conservation easements and other officially protected natural areas within a quarter mile of the project (4) shoreland areas, wildlife corridors and habitat complexes, and designated scenic views. k. 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 WECS and from all other boundaries; (c) Location and dimensions of any easements; and (d) 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 coverage. 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. Section 4. Solar Energy Sources & Systems a. Definitions, Solar 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: 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 photovoltaic 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. Flush mounted solar energy system. I'. reof 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. 1\ photo'loltaic solar system that is connected to an electric circuit served by an electric utility company. Ground-Mounted Panels. 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 BOlar system arc 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 via a heat exchanger. Photovoltaic System. An active solar energy system that converts solar energy directly into electricity. Renewable Energy Easement, Solar Energy Easement. I\n casement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited bnd to wind or sunlight passing over the burdened kmd. Renewable Energy System. A solar energy that does not include passive systems that serve a dual function, such as a greenhouse or window. Roof-Mounted Panels. 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 view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. Solar Collector. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solm Collector Surface. ^ny part of a solar colloctor that absorbs solar energy for uso in the colloctor's onergy transformation process. Collector surf3ce does not include frames, supports and mounting hardware. Solm Daylighting. ^ device specifically designed to capture and redirect the visible portion of the sol3r spectrum, while controlling the infrared portion, for use in illuminating interior building spacos in liou of artifiGiallighting. 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 Devico. ^ systom or sorios of mechanisms dosignod primarily to provide heating, te provide ceeling, te produco oloctrical pO'Nor, to produco mochanical power, to provido so13r daylighting or to provide any combination of the foregoing by means of collocting and tr3nsferring so13r generated energy into such uses either by active or passive moans. Such systems m3Y also have the capability of storing such energy for future utilization. Passive solar systoms shall c10arly be designed as a solar enorgy device such as a trombe '....all and not moroly a part of a normal structure such as a window. Solar Energy System (SES). 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. ^ componont of a solar onorgy dovico that is usod to transfer he3t from one substance te anothor, oithor 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. Device" that allow the mounting of a "obr collector onto a roof surface or tho ground. Solar Storago Unit. A component of a "olar energy device that i" u"od to "tore "olar gonor3ted electricity or heat for lator uso. b. Standards Active solar energy systems (SES) 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: 1. Height Active solar systems must meet the following height requirements: (a) 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. (b) Ground- or pole-mounted solar systems shall not exceed the heiqht of an allowed accessorv structure within the zoninq district, or 10 feet in height, whichever is qreater. when oriented at maximum tilt. 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. (a) 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 and back yard exposure. (b) Ground-mounted Solar Systems - Ground-mounted SESs may not extend into the side-yard or rear setback when oriented at minimum design tilt. 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. (a) Building Integrated Photovoltaic Systems - Building integrated photovoltaic 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. (b) 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 above the roof. Systems with a pitch more than five percent greater than the finished roof pitch must acquire a conditional use permit. 4. Coverage Roof or building mounted solar systems, excluding building-integrated systems, shall not cover 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. 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. 6. Approved Solar Components Electric solar system components must have a UL listing. c. Plan Application and Approval 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. 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: (1) Location and dimensions of the SES; (2) Property boundaries the distances of those boundaries from the SES and from all other boundaries; (3) Location and dimensions of any easements; and (4) Location of utility lines. (5) Engineer stamped drawings of the SES components, as provided by the manufacturer or otherwise. (b) 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. 3. Placement and Design (a) Ground Mounting. All ground-mounted panels shall: (1) Be limited to a total tower height of ten (10) feet. (2) Be limited to tho roar yard. (2) Exceed no more than fifteen percent (15%) lot coverage and may not exceed the area restrictions placed on accessory structures within the subject district. (3) Be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. (4) Be installed in a manner that will not exacerbate storm water runoff that may adversely affect neighboring properties. (b) Roof Mounting. All roof-mounted panels shall: (1) Comply with the maximum height requirements of the zoning district. (2) Have a tower height not to exceed six (6) feet on a structure with a flat roof and a tower height not to exceed three (3) feet on a structure with a sloped roof. (3) Not extend beyond the edge of the roof. (4) Not project vertically above the peak of the roof on a building with a sloped roof. (5) Be mounted with a maximum angle of sixty (60) degrees from horizontal on a flat or sloped roof. (6) 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. (c) 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. 4. Plan Approval Required All solar systems shall require administrative plan approval by Maplewood zoning officials. 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. (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. (c) Plan Approvals - Applications that meet the design requirements of this ordinance, and do not require a cenditienal use pormit, shall be granted administrative approval by the zoning and buildinq official and shall not require Planning Commission review. Plan approval does not indicate compliance with Building Code or Eleotrio Code. (d) Compliance with Building Code - All active 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 shall be installed 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. 2.3 Conditirma! Uses Where tho standarde; in Section 2.2 and/or 2.3 aro not met, activo sobr enorgy e;ye;teme; e;h:lIl bo cone;iderod a conditional ue;o. The following conditions shall govorn :lpprov:l1 of a conditional uso application for an :lctivo e;obr energy systom. 2. f. Sfanfilafds fer So.'ar System Conditional Ue;e Pormits When a conditional ue;e permit is required, the pormit shall be grantod if the applicant demonstratos that tho follo'Ning safety and aesthetic conditions aro met: (a) /\osthetic Conditione; The solar system must blond into the building on v.'hich the system is mounted by being sufficiently set back from public right of ways or scroened from vi ow from the right of way, or by using a e;uITaco collector color that blende; into tho roof or '/.'011 of the building as soon from tho public right of way (b) 8:1foty Conditions The sobr system mue;t bo anchored in such a mannor as to withstand wind spoods of 90 mph, and must be e;et back from adjoining proportios far onough so :IS to proe;ent no roasonablo risk of accidental contact with olectrical compononts from adjoining propertios. (c) Pole mounted Systoms Rostricted Polo mounted or ground mounted active e;olar systems shall not bo allowod in rosidential districts betwoen tho front of the building and the front public right of way, and mue;t bo e;et back from the property Iino, whon in minimum design tilt, by one foot. 6. 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. d. 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 SESs are implemented as a condition of a planned unit development, subdivision, conditional use, or other permit specified in this ordinance. e. 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. 1. The renewable energy condition may only be exercised for new construction or major reconstruction projects. 2. 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 f. 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 provider has been informed of the customer's intent to install an interconnected, customer-owned SES. Off-grid systems shall be exempt from this requirement. 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. 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. g. 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. SESs 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 SESs 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 subject to removal at the expense of the operator. Section 5. Geothermal Energy Sources & Systems a. Definitions, Geothermal Energy 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: Accessory. A system designed as a secondary use to existing buildings or facilities, wherein the pO'Nor generated is used primarily for on site consumption. Alternative energy systom. A ground source hoot pump, wind or SES. 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. 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 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. Horizontal GSHPS. A closed loop GSHPS where the loops or coils aro installed horizontally in a trench or sorios of trenchos no moro than 20 feot bolow tho land surface. Heat transfer fluid. 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. 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. Vertical GSHPS. II. G1osedloop ground sourco hoot pump systom 'Nhere the loops or coils are installed vertically in one or more borings belo'^, tho land swiacs. b. Standards 1. Districts. (a) Ground source heat pump systems (GSHPS) shall be deemed an accessory structure, permissible in all zoning districts. 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: (1) Location and dimensions of the GSHPS; (2) Property boundaries the distances of those boundaries from the GSHPS and from all other boundaries; (3) Location and dimensions of any easements; and (4) 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. GSHPS GSHPS in accordance with the standards in this section are allowed as a permitted accessory use in all zoning districts. (a) System requirements. (1) Only closed loop GSHPS utilizing Minnesota Department of Health approved heat transfer fluids are permitted. Open loop GSHPS are not permitted. (2) GSHPS in publio waters may be permitted as an interim oonditional u(;o subjoct to appro'l31 from the Minnesota Department of Natural Resources and subject to vlritten consont of all property owners and/or approval by an assooiation in accord3nco 'Nith its adopted byla'Ns. (2) GSHPS in water bodies owned or managed by the City of Maplewood may be permitted. are not permitted. (b) Setbacks. (1) All components of GSHPS including pumps, borings and loops shall be set back at least 5 feet from interior and rear lot lines. (2) 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. (c) Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030. (d) Screening. Ground source heat pumps are considered mechanical equipment and subject to the requirements of Maplewood Building Permit Standards. (e) Deviations. Any deviation from the required standards of this ordinance may be permitted through an interim conditional use permit in accordance with Maplewood Zoning ordinances. (f) Safety. Ground source heat pumps shall be certified by Underwriters Laboratories, Inc. and meet the requirements of the State Building Code. (g) 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 a Minnesota Department of Health well abandonment permit has been obtained in accordance with the following: (1) The heat pump and any external mechanical equipment shall be removed. (2) 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. (h) Permits. A building permit and interim conditional use permit, if required, shall be obtained for any GSHPS prior to installation. Borings for vertical systems are subject to approval from the Minnesota Department of Public Health. Section 6. General Ordinance Provisions a. Interpretation. In interpreting this ordinance and its application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety and general welfare. This ordinance shall be construed broadly to promote the purposes for which it was adopted. b. Conflict. This ordinance is not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or other provision of law except as provided herein. If any provision of this ordinance imposes restrictions different from any other ordinance, rule or regulation, statute or provision of law, the provision that is more restrictive or imposes high standards shall control. c. 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.