Loading...
HomeMy WebLinkAbout2010-09-20 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday, September 20,2010 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: August 16, 2010 5. New Business a. Energy Presentation - Metro Clean Energy Resource Team and Xcel Energy b. Introduction to the Maplewood Green Building Program 6. Unfinished Business a. Alternative Energy Ordinance 7. Visitor Presentations 8. Commission Presentations a. Subcommittee Reports 9. Staff Presentations a. September 13 City Council Meeting - Review of Recycling Proposals b. Fall Clean-Up Event - October 16 c. Update on Recycling in Parks d. Update on State Shoreland Rules e. Update on State Mississippi Critical Corridor Rules f. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4 DRAFT MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, August 16, 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 Edmundson, Commissioner Judith Johannessen, Commissioner Carole Lynne, Commissioner Carol Mason Sherrill, Commissioner Bill Schreiner, Commissioner Ginny Yingling, Commissioner Present Present Present Absent Absent Present Present Staff Present Shann Finwall, Environmental Planner Councilmember Liaison Present Kathleen Juenemann, Councilmember 3. APPROVAL OF AGENDA Commissioner Yingling will give updates to the Mississippi River Critical Area Rulemaking Process and Fish Creek under Item 8, Commissioner Presentations. Commissioner Johannessen moved to approve the agenda as amended. Seconded by Commissioner Yingling. The motion carried by a vote of 5 to O. 4. APPROVAL OF MINUTES Approval of June 23, 2010, Environmental and Natural Resources Commission Minutes The spelling of Commissioner Edmundson's name will be corrected by staff in the final version of the minutes. Commissioner Yingling moved to approve the minutes of June 23, 2010, as amended. Seconded by Commissioner Johannessen. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 1 Ayes, 4; Abstained, 1 (Commissioner Schreiner) The motion carried. Approval of July 19, 2010, Environmental and Natural Resources Commission Minutes Strike 6.a.5. under wind turbines. The spelling of Commissioner Edmundson's name will be corrected by staff in the final version of the minutes. Commissioner Yingling moved to approve the minutes of July 19, 2010, as amended. Seconded by Commissioner Johannessen. Ayes, 4; Abstained, 1 (Commissioner Schreiner) The motion carried. 5. NEW BUSINESS a. Recycling Proposals The city's five-year contract with Eureka Recycling will end on Dec 31, 2010. An RFP outlining the city's recycling requirements was submitted to interested contractors. The city received proposals from: Allied Waste, Eureka Recycling, Highland Sanitation, Tennis Sanitation, Veolia Environmental Services, and Waste Management. The Environmental Review Committee (ERC) reviewed the proposals and is recommending its top three in rank order to the Environmental and Natural Resources Commission (ENRC). The ENRC will then recommend their top three to the City Council at the September 13, 2010, meeting. On October 11, 2010, the City Council will approve a recycling contract. The ERC reviewed the proposals based on criteria described in the RFP. 100 points were divided as follows: 40 based on cost, 60 points based on environmental education and vendor qualifications. Chair Trippler and Commissioner Yingling were the ERC members who submitted score sheets. The average of the two scores for each vendor was being used to determine the top three. The ERC is recommending the following three vendors in rank order: Eureka: Tennis (options 4 and 5) Veolia 83.25 pts 74.25 pts for each option 63.00 pts The confidential cost analysis completed by Mary Chamberlain is included in the staff report. Bill Preifer assisted in answering questions regarding the cost analysis, including the annual revenue projections. Commission Schreiner noted that to use options 1 and option 2 of the Tennis proposal would require a significant investment by the city to purchase the new recycling bins. Commissioner Yingling commented that not all vendors have glass to glass recycling. Some proposals are not clear as to where the recycled glass actually goes. August16,2010 Environmental and Natural Resources Commission Meeting Minutes 2 Commissioner Johannessen noted that Eureka has a very strong education program as part of their service. Chair Trippler noted that Tennis is making a greater effort to find buyers for plastics that are not currently being recycled. Councilmember Liaison Juenemann stepped to the podium and questioned whether or not the costs were analyzed or just taken straight from the proposal. Staff explained that proposal costs were analyzed and clarified with the vendor where necessary. Commissioner Edmundson asked that additional information be requested from Tennis regarding the strength of the markets for the wide range of plastics including plastics listed with #3, #4, and #5. The ENRC recommends the following three vendors in rank order: Eureka Recycling Tennis Sanitation Veolia Environmental Services Commissioner Yingling moved that the ENRC adopt the vendor recommendations of the ERC as ranked and recommend these three vendors to the City Council. Commissioner Johannessen seconded the motion. Ayes all, motion passed. The proposal from Eureka Recycling, Tennis Sanitation and Veolia Environmental Services will be presented to the City Council on September 13, 2010. Commissioner Yingling will attend the meeting to represent the ENRC. 6. UNFINISHED BUSINESS a. Alternative Energy Ordinance Ms. 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, which has been reviewed by the city over the past few months. The ENRC reviewed and offered the following comments on the revised ordinance; however, Ms. Finwall noted that not all changes discussed at the July meeting have been made. Nick Carver, assistant building official, will review and comment on the ordinance. He will be present at the September ENRC meeting to offer feedback. In summary, Mr. Carver's comments include: 1. The ordinance should not be called a supplement to the building code. 2. The ENRC should ensure the ordinance doesn't conflict with other codes. 3. There are concerns around the building code aspects of the roof-mounted turbines. 4. The permit section needs revision. .5. Proof of home owners coverage should not be a requirement. August16,2010 Environmental and Natural Resources Commission Meeting Minutes 3 The ENRC will not finalize the ordinance today; however, additional discussion and input was requested by staff. Wind Turbines: Staff researched and learned that the only way to combat the negative impact on birds and bats is to have correct sighting. It may be necessary to expand the language on this in the ordinance. Page 3: Include a definition of the phrase "significant tree." Item b: Modify to include commercial wind turbines allowed with CUP. Page 4: The statement regarding ground-mounted commercial and roof-mounted commercial systems...should read "shall be permitted..." vs. "shall not be permitted." Page 4: Non-commercial systems are allowed in all non-residential zoned districts with a building permit. Strike term "utility scale." Item C, Free-standing, Design and Placement: Add "commercial" with a max of 125'. Non- commercial has a 75' restriction, and micro system has a 60' restriction. Placement: States that the structure must be entirely in the rear yard. Amend to read "rear or side yard." Non-commercial wind turbines: Chair Trippler suggested the following wording regarding lot sizes: Strike "...one acre or more acres." and add "...one to five acres." Also, add "all other larger parceJs will be limited to one EWCS per five acres of land." Currently micros are allowed on "lots less than 1 acre." Should read "...allowed on any lot." Commissioner Yingling would like to revisit Residential at 1 0 watts vs. Micro at 2 watts to determine what makes the most sense for residential turbines. She suggested using the term "residential" versus "micro." She also recommends clarifying the non-commercial and commercial systems since both will be used by commercial entities. Roof-mounted Systems, Page 5, D, 1.b.: It was questioned why the system would be limited to the principal building. Recommend allowing system to be placed on the garage. Clarify the baseline height measurement as mid-point of the roof or use whatever is consistent with current building codes. Roof-mounted Systems, D, 2: Clarify the statement"... withstand the environmental pressures exerted on the system." Aesthetics: Correct the sentence regarding color. Feeder Lines, Item H: It was recommended that the ordinance require that lines from the generator to the residence be buried, but the line back to the grid can be exposed if exposed lines already exist. Standards and Certification: Minutes reflect that language referring to a model community, general development standards for central services was to be restated, but the entire paragraph was deleted. Staff will insert the restated language. Safety Design Standards, Engineer Certification: Strike "foundation" and include"... turbine and tower design of all units..." and add "...for WECS of20 kilowatts or less, engineering certification for the foundation shall comply with C, 1, f. above." August16,2010 Environmental and Natural Resources Commission Meeting Minutes 4 Item 5, Free-standing WECS, Design and Placement: This should require that all free-standing towers be installed with a tubular mono-pole type tower, not just free-standing commercial towers. Part K, Procedures for Permits: Concern on whether a homeowner will be able to fulfiU all these requirements by submitting a hand drawing or if they would be required to hire an architect to draw these. Staff will discuss with Mr. Carver. Placement should be such that it doesn't create "flicker" on adjoining properties. Delete any definitions that aren't used in the ordinance. Solar Enerqy Systems: Change Solar System to Solar Energy System (SES) throughout. Part B, 3, Solar Systems with Mounting Devices: Reword to say it will be restricted if visible. Under coverage: Chair Trippler inquired about the basis for the limits placed on the following: 1. A roof- or building-mounted solar system shall not cover 80% of the south facing 2. Surface area of a pole or ground-mounted system, shall not excel one-half of the building's footprint of the principal structure. Clarify and remove redundancies from the Design Requirements section. 3,a,3: The term "to the extent possible" is too vague and open to interpretation. Commissioner Schreiner will submit alternative language to staff. 5, Plan Applications, Pitched-roof Mounted Solar Systems: Revise to say "for all pitch-mounted solar systems." Flat roofs are addressed in the next item. Insert a period after "building official." Section D, Solar Access: The commission would like an evaluation of the implications of this policy on the city's tree ordinance. Solar Energy System (SES) definition: Correct the definition of an SES. Strike "structural design feature..." and "...to provide daylight for interior lighting." C,3,b,6: Under 3, b, "...shall be no higher than 10 inches above the roof." Staff will pose this question of whether or not the ordinance needs to address the wind factor for roof panels to Nick Carver to determine if a requirement needs to be added to prevent wind from getting under the structure. Standards, Visibility and Aesthetics: Both sections contain language regarding color. Combine statements regarding color so that it does not seem inconsistent. Geothermal: Definitions, fifth paragraph, third line: Should specifically state that open systems are not allowed and include definition of an open system. Standards, B, 2,a,2: Clarification is needed of the sentence regarding boundaries. 3,a,2: Recommend using same language used in wetlands ordinance and define that we are just talking about storm water ponds, not in natural water bodies rather than stating "...water bodies owned by the city of Maplewood." August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 5 Definitions: Staff will reword language regarding closed-loop ground source heat pump system (currently: "... buried...or anchored to the bottom of a body of water."). Standards, D,3,b,2, Associated Equipment. Currently restricts from front and side yards. Reevaluate if this should be restricted or not. Consider leaving it as a front yard restriction. Staff will investigate the size and appearance of the associated equipment. G, Abandonment: It was questioned how the city would know if a system has been abandoned. It was noted that item G3 was removed; consider adding it but rewording to address storm water ponds. H, Permits: Delete reference to "Interim Use Permits" since the city doesn't use them. The draft ordinance will be presented at the September ENRC meeting; the ordinance will include all changes as well as the input of Nick Carver. 7. VISITOR PRESENTATIONS There were no visitor presentations. 8. COMMISSION PRESENTATIONS Commissioner Yingling reported on the following: Commission Yingling is participating in the Mississippi River Corridor Rule Making Process, which was established by the state legislature under the auspices of the DNR. The group is discussing standards that may overlap with issues that the ENRC is also discussing including wind turbines, slope considerations, etc. Fish Creek: The offer from the city for the purchase of 20 acres of the 73 available acres was not accepted by bank that currently owns the property; the bank is not willing to break the property into parcels. The city is now exploring other options including working with Conservation Fund to see if they can assist us in the acquisition of the land, meeting with state legislative delegation and Betty McCullum's office to see of they can provide any assistance in the acquisition. Commissioner Edmundson reported on the Neighborhood Sub-Committee. The committee met recently to discuss the Energy Squad program offered by Xcel Energy, to clarify the partnership between Maplewood, Xcel and the Clean Energy Resource Team (CERT), and explain the reasons Maplewood was selected. Xcel and CERT wi'll attend the September 20,2010, ENRC meeting to present the Energy Squad program to the commission. They will sponsor a workshop, which will be held on October 19, to present the program to the residents of Maplewood. August 16, 2010 Environmental and Natural Resources Commission Meeting Minutes 6 9. STAFF PRESENTATIONS a. Update on the August 9,2010, City Council Meeting - Wetland Buffer Variance Request for The Shores at Lake Phalen Ms. Finwall updated the commission on The Shores project. The buffer variance for the Lake Phalen was approved along with the tax increment financing request. The Planning Commission will review the Chicken ordinance at the August 17, 2010, meeting. b. Subcommittee Updates Neighborhood Committee Ms. Finwall showed the flyer that was distributed at the recent National Night Out regarding the Energy Squad program. Clean Energy Resource Team (CERT) and Xcel will host the workshop at the community center on October 19. Residents will be able to sign up for the free energy squad service at the workshop. Greenway Subcommittee The next meeting will be held on August 24,2010. The committee will focus on the Priory greenway and the planned improvements. Trash Collection System Analysis (organized trash) The City Council reviewed the proposed work plan at a recent workshop. During workshop, representatives from the National Solid Waste Management Association discussed the feasibility of having an open forum prior to having a public hearing to adopt the statute. The City Council agreed to a special meeting, which will be held October 4 at 7:00. The meeting will give the council an opportunity to hear all sides of this issue at one session. It is expected that the holding of this special meeting will push the schedule back approximately one month. Ms. Finwall reported that a piece highlighting the issues has been airing on the cable show Spotlight on Maplewood and will continue to air on channel 16 through September 9, 2010. Staff has been receiving calls from residents who are concerned about losing their hauler that they are happy with. Chair Trippler requested ENRC members to listen to what residents are saying and contact the city if it is something you support. Maplewood Nature Center Programs, 2659 East Seventh Street: Staff updated the commission on programs being offered in August: 1. Saturday, August 21, 2010, a free event to celebrate the new natural play area. 2. Extreme Green Makeover winner was announced: Michelle and Michael Tibodeau won a $15,000 green makeover for their front yard. 10. ADJOURNMENT Chair Trippler adjourned the meeting at 9:16 p.m. August16,2010 Environmental and Natural Resources Commission Meeting Minutes 7 Agenda Item 5.a. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Energy Presentation September 15, 2010 for the September 20 ENR Commission Meeting INTRODUCTION Diana McKeown, Metro Clean Energy Resource Team (CERTS) Director with the The Green Institute and Yvonne Pfeifer, Community Energy Efficiency Manager with Xcel Energy will be present during the September 20 Environmental and Natural Resources (ENR) Commission meeting to give a short energy presentation. BACKGROUND Metro CERTS Since 1993, The Green Institute has grown from its roots as a neighborhood-based movement to become one of the state's leading non-profit innovators developing tangible solutions that improve the environment and communities. The Green Institute is home to a broad range of programs and initiatives which include: ReUse Center and DeConstruction Services, Green Building, Community Energy and Consulting Services. Diana McKeown is the Director of the metro region of the statewide Clean Energy Resource Teams (CERTs) project as part of the Green Institute. The mission of CERTs is to "connect you and your community members with resources to identify and implement energy efficiency and renewable energy projects." CERTs is a partnership of the University of Minnesota, government, and non-profits. Metro CERT is involved with a number of programs including: . Neighborhood Energy Services - a residential energy program in partnership with Center for Energy and Environment, Neighborhood Energy Connection and Xcel Energy, in the City of Saint Paul. . GreenStep Cities - a partnership, with a number of groups including the League of Minnesota Cities, that provides a simple pathway to help cities achieve their sustainability goals through implementation of best practices focused on cost savings, energy use reduction, and innovation. . Minnesota Schools Cutting Carbon - a program to assist 100 Minnesota public high schools, colleges and universities to cut their carbon footprint. . Seed Grants - the CERTs regions each provide funding to local energy projects on a biennial basis. . CERTified Campaigns - launched earlier this year, the campaign is a way for individuals and communities to take action to reduce their energy use. CERTified is currently teaming up with Honeywell to provide rebates on programmable thermostats through the end of the year. . Xcel Partnership - CERTs has teamed up with Xcel Energy on a number of projects, including the Community Energy Sweeps in a few communities, J)roviding additional seed grant funding and co-sponsorship of events. Community Energy Efficiency Sweep Yvonne Pfeifer is the Community Energy Efficiency Manager with Xcel Energy. In 2010, Xcel Energy began offering targeted Community Energy Efficiency Sweeps in Minnesota. This collaborative program brings together local businesses, citizens, non-profit organizations, community leaders and Xcel Energy to increase the awareness and implementation of energy efficiency programs within a community. Through a coordinated effort, Community Energy Efficiency Sweeps are able assist in generating greater participation in energy efficiency programs, reduce energy bills and help communities meet their long-term sustainable energy goals. Maplewood has been chosen as one of the communities Xcel will partner with for a Community Energy Efficiency Sweep. As such, Ms. Pfeifer has been working with staff and the Neighborhood-Based Environmental Group Subcommittee over the last few months to generate greater participation in energy efficiency programs. As you recall, this subcommittee chose the creation of neighborhood groups with a focus on energy efficiency and conservation as one of their goals for 2010. Energy Efficiency Workshop As part of the Community Energy Sweep, the ENR Commission will be sponsoring an Energy Efficiency Workshop to be presented by Ms. McKeown and Ms. Pfeiffer at the Maplewood Community Center on Tuesday, October 19 (see attached flyer). The workshop is being offered as part of the community partnership and is an opportunity for Maplewood residents to hear about energy saving tips that are low cost or no cost and learn about the Home Energy Squad program offered by Xcel Energy. CONCLUSION Ms. McKeown and Ms. Pfeifer will be giving the ENR Commission a preview of the Community Energy Sweep program and the Energy Efficiency workshop during the September 20 ENR Commission meeting. Attachment: Energy Efficiency Workshop Flyer 2 HOME ENERGY SQUAD (l Xcel Energy' . CenterPoint. Energy Join us for a FREE Energy Efficiency Workshop, where energy experts from both the Metro Clean Energy Resource Team (Metro CERTS) and Xcel Energy will discuss tips on how to save energy in your home. Learn about energy efficiency for your home and sign up for an Xcel Energy Home Energy Squad visit to begin saving energy. You must be a residential electric customer of Xeel Energy and an Xeel Energy gas or CenterPoint Energy gas customer. Service area is limited to where crews are available. Low Income customers can qualify for free materials. Ask your Home Energy Squad technician. Other restrictions may apply. The Home Energy Squad is a joint program offered by Xeel Energy, CenterPoint Energy, Neighborhood Energy Connection and the Center for Energy and Environment. Sponsored by the Maplewood Environmental and Natural Resources Commission Sustainable MAPLEWOOD xcelenergy.com 1@2010Xcel Energy Inc.! Xcel Energy is a registered trademark of Xcel Energy Inc.! Northern States Power Company-Minnesota, an Xcel Energy Company 110-09-301 Agenda Item 5.b. MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Introduction to the Maplewood Green Building Program September 15, 2010 for the September 20 ENR Commission Meeting INTRODUCTION Nick Carver, Assistant Building Official, will be present during the September 20 Environmental and Natural Resources (ENR) Commission meeting to give a presentation on the city's proposed Green Building Program. BACKGROUND The vision of the Maplewood 2030 Comprehensive Plan Sustainability Chapter is for the City to promote sustainable development and practices for the preservation, design and maintenance of its natural and built environment. The Sustainability Chapter is a tool for action and is intended to change long-standing practices through the creation of goals and implementation strategies. One of the goals is to promote sustainable building practices such as green building standards. To meet this goal, Mr. Carver has been reviewing the National Green Building Standards for implementation in the City of Maplewood. The National Green Building Standards and the International Green Construction Code will be used as the models for Maplewood's Green Building Program. The content and philosophy of the Green Building Program is to ensure an equal understanding of sustainability and cost effective energy saving outcomes for present and future generations. The program will allow Maplewood to lead by examJ)le by adopting the "mandatory" option for city buildings and providing an array of incentives to residents and the business community by choosing the "voluntary" option. The Green Building Program will be more than a green rating system for new and remodeled buildings. It can be used by manufactures, design professionals, contractors, building departments and city leadership. Creating these partnerships leaps ahead of the curve in establishing what a revolutionary movement in the building environment is. Jurisdictions are now able to customize a program to meet geographical and political agendas by using the minimum standards, special jurisdiction requirements and project electives. CONCLUSION Mr. Carver will give a preview of the city's proposed Green Building Program during the September 20 ENR meeting. Agenda Item 6.a MEMORANDUM TO: FROM: SUBJECT: DATE: Enyironmental and Natural Resources Commission Shann Finwall, AICP, Enyironmental Planner Alternatiye Energy Ordinance September 15, 2010 for the September 20 ENR 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. During the September meeting the Environmental and Natural Resources (ENR) Commission will continue its review of a draft alternative energy ordinance. This ordinance addresses regulations to allow for wind, solar and geothermal energy sources. DISCUSSION During the August meeting, the ENR Commission discussed the following issues related to the ordinance: Wind Turbines - 1. Placement: Ensure proper placement of wind turbines to alleviate flicker nuisance and minimize impacts to birds and bats. Allow wind turbine placement on the side yard in addition to the rear yard. 2. The ordinance should allow either Micro Wind Energy Conversion Systems or Residential Wind Turbines, not both. 3. Commercial wind turbines should be allowed with a conditional use permit, not as a perm itted use. 4. The maximum height of a commercial wind turbine should be limited to 125 feet, the same height allowed for cellular towers. 5. Review the definitions to ensure the words defined are actually used in the ordinance. 6. Review the definition of Micro, Residential, Commercial, and Noncommercial wind turbines. These definitions should reflect the actual use of the turbine. 7. Noncommercial wind turbines should be allowed on lots that are one to five acres in size. 8. Remove the requirement that roof-mounted wind turbines are only allowed on the principal building. 9. Overhead feeder lines should only be allowed if they are connected to existing overhead lines. 10. Proof of homeowners insurance should not be a requirement of the ordinance. Solar - 1. Solar panels should be allowed as a permitted use. 2. The restriction for only allowing 80 percent coverage of a south-facing or flat roof with solar panels should be removed. 3. Review solar easements which would allow property owners to purchase cross easements to protect access to sunlight. Geothermal - 1. Allow geothermal units in utility basins only, not any other type of water body. 2. We shouldn't restrict equipment associated with ground source heat pumps. RECOMMENDATION The above-mentioned issues have been addressed in the attached ordinance. Review the 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 ORDINANCE NO. XXX DRAFT 4 (September 20,2010) 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 to provide a sustainable quality of life for the city's residents, making careful and effective use of available natural resources to maintain and enhance this quality of life. Cities are enabled to regulate land use under Minnesota Statutes 394 and 462 for the purpose of "promoting the health, safety, morals, and general welfare of the community." As part of this regulatory power, Maplewood believes it is in the public interest to encourage alterative energy systems that have a positive impact in energy conservation, with 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 comm.unity, the city finds the alternative energy regulations specified in this ordinance necessary to ensure that alternative energy systems are appropriately designed, sited and installed. While Maplewood strongly encourages increased energy conservation and improved energy efficiency, the city also finds that increased use of appropriate alternative energy systems will be 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 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. With these regulations, Maplewood is particularly concerned that alternative energy systems, particularly wind energy systems, be designed to minimize the negative impact on bird and bat species which are particularly vulnerable to mortality from these energy gathering machines. 1 Section 3. Wind Energy Sources and Systems a. Definitions, Wind Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Commercial WECS. A WECS of equal to or greater than 100 kW in total nameplate 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. ^ 'NECS greater than 2 I<W but less than 100 kW in to131 name plate generating capacity. Usually intended to supply pO'Ner to businesses or multiple housing units. 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. 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 '.^IECS. WECS of two (2) 1('1'1 nameplate (manufacturers suggested maximum) generating capacity or less mounted en a tower. Micro 'NECS are generally smaller height wind turbine units intended to generate pO'Ner for a single home er restricted purpose. 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 WECS. Residential wind turbine means a wind turbine of 10 kilowatt (kW) nameplate generating 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. Significant tree. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, twelve (12) inches diameter for softwood deciduous tree, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or others noxious woody plants as determined by the environmental manager are not considered a significant tree species at any diameter. 2 Small wind turbine. ^ wind turbine of 100 kVv nameplate generating c3pacity or less, but greater than 2 kW gener3ting C3p3City. 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. 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. 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 3'/ailable in a large variety of shapos, sizos and configurations depending on the particular ond use. Ofton these are collectively reforrod to by the acronym WECS. For the purpose in accordance 'Nith the st3ndards contained in this Section, shall be deemed an accessory use, permissible in all zoning districts through special exception. 1. Commercial WECS Districts. (a) Ground and Roof Mounted Commercial WECS shall flGl be allowed with approval of a conditional use permit in the followinq zoninq districts and land use desiqnations: (1) permitted In all properties located in commercial zoning districts (Heavy Manufacturing, Light Manufacturing, Business Commercial, Business Commercial Modified, Limited Business Commercial, Commercial Office, Neighborhood Commercial, Shopping Center). with approval of a conditional use pormit. ill In all properties located in multiple dwellinq zoninq districts (Multiple Dwellinq Residential and Mutliple Dwellinq Residential Townhouse ru In all properties approved as a planned unit development. 3 i1l In all properties quided as Government or Institutional in the city's Land Use Desiqnations of the Comprehensive Plan. (b) Ground and Roof Mounted Commercial WECS shall be prohibited in all properties quided as park or open space in the city's Land Use Desiqnations of the Comprehensive Plan. (b) Roof Mounted Commercial WECS shall not be permitted in Heavy Manufacturing, Light Manufacturing, Business Commercial, and Multiple Dwelling Residential zoning districts with approval of a conditional use permit. 2. Non Commercial \^IECS 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 VI/CES shall be permitted in all non residentially zoned districts. 2. Residential MisFe-WECS Districts. (a) Ground and Roof Mounted Residential MisFe-WCES shall be deemed an accessory structure, permissible in all zoning districts. (b) Roof Mounted Micro \^ICES shall be permitted in all zoning districts. c. Freestanding WECS 1 Design and Placement. All Freestanding \^fECS shall: (a) Height: (1) Commercial WECS shall have a total heiqht, includinq tower and rotor at its hiqhest point, or one-hundred twenty (125) feet. (2) Non Commercial WECS shall have a total height, including tewer and rotor at its highest point, of less than seventy five (75) feet. (2) Residential MiGfe-WECS shall have a total height, including tower and rotor at its highest point, of less than sixty (60) feet. (b) Placement of all WECS shall: (1) Be located entirely in the rear or side yard. (2) Have a minimum setback distance of one and one-half (1 Y2) timeS the height from any property line, public right-of-way, electric substation, transmission line, dwelling, or other WECS. 4 if} Number: (1) Noo-Commercial WECS - one (1) _commercial WECS shall be allowed on a single lot of one (1) to five (5) acre.@} or more. All other larqer parcels will be limited to one (1) Commercial WECS per five (5) acres of land area. (2) Residential MiGro-WECS - one (1) residential miBFe-WECS shall be allowed on any sinqle. double. or multi-family residentiallots-Bf less th:m one (1) acre. f€lj Have a maximum power rating of one hunQred (100) I<W nameplate generating capacity {Q} Desiqn: (1) Tower Configuration. All freestandinq WECS shall be installed with a tubular, monopole type tower. (2) Have no guyed wires attached to the tower or other components. (3) 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. (3) Foundation. For standard soil conditions, foundations or foundation specifications developed by a '.^lEeS manufacturer sh:lIl be accep13ble for installations of a 'NECS with a generating capacity of twenty (20) I,-W or less. ,^,II other im:tallations shall require an engineer's stamped site specific soil study. (4) 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 of ten (10) kill! namepl:lte generating capacity ~ Be limited to the principal building for any parcel unless approved by the Zoning Board of Adjustment. (b) 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. 5 (c) Shall have a total height of twenty-five (25) feet, measured from the roof to the rotor at its hiqhest point. (e) Be mounted so that no portion of the WECS blade extends within t't:enty (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 afl€I withstand the environmental pressures exerted on the system. 3. Number. fill Commercial Roof-Mounted WECS. Maximum number of Commercial Roof-Mounted WECS approved throuqh conditional use permit process. (c) Residential Roof-Mounted WECS. No more than one (1) Roof-Mounted WECS shall be installed on a sinqle rooftop. Multiple '.^IECS will be permitted only within commercial or imlustrial 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 .'\djustment 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 6 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 significant 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, unless there are existinq lines in the area which the lines accompanyinq a WECS can be attached. 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) ~ Wind Turbine Performance and Safety Standard or other standards as determined by the zoninq and buildinq official.Pkmning 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 climato conditions. 7 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. Energy Storage - Batteries or other energy storage devices shall be designed consistent with the Minnesota Electric Code and Minnesota Fire Code. 5. Electrical Codes and Standards - All WECS and accessory equipment and facilities shall comply with the National Electrical Code and other applicable standards. 6. 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 8 (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. 7. NeR-commercial WECS shall submit a copy of the interconnection agreement with the utility or documentation that an interconnection agreement is not necessary. 8. 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 and Systems a. Definitions, Solar Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: 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. Ground-Mounted Panels. Freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Photovoltaic System. An active solar energy system that converts solar energy directly into electricity. Ronowable Energy System. A solar energy that does not include passive systems that servo 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. 9 Solar Access. A view of the sun, from any point on the collector surface that is not obscured by any vegetation, building, or object located on parcels of land other than the parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00 PM Standard time on any day of the year. Solar Collector. A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Energy. Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector. Solar Energy System (SES). A device or structural design feature, a substantial purposo ef which is-te provide~ daylight for intorior lighting or pro'lide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generating, or water heating. Solar Hot Water System. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs, including residential domestic hot water and hot water for commercial processes. b. Placement and Desiqn 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 Activo SES must meot tho following hoight 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 height of an allowed accessory structure within the zoning district, or ten (10) feet in height, whichever is greater, when oriented at maximum tilt. 2. Setback Active SES 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 SES - 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 10 allowed to extend beyond the perimeter of the building on a side and back yard exposure. (b) Ground-mounted SES - Ground-mounted SESs may not extend into the side yard or rear yard setback when oriented at minimum docign tilt. 3. Coverage (a) Ground-mounted SES may not exceed more than fifteen percent (15%) lot coverage and may not exceed the area restrictions placed on accessory structures within the subject district. 4. Visibility (a) SES 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 uso permit is required consistent with the provisions of this ordinanco. (b) 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) SES with Mounting Devices SES using roof or ground mounting devices shall not be restricted if the system is not visible from the closest edge of any public right of 'Nay other than an alley. Roof mount systems that aro visiblo from tho noarest edge of tho stroot frontage right of way shall not havo 0. higho~ finished pitch moro than five (5) percentsteeper than the roof pitch on which the system is mounted, and shall be no higher than ten (10) inches above the roof. Systems 'Nith ::t pitch more than five porcont groater th::tn tho finishod roof pitch must acquiro ::t conditional uso pormit. (c) Ground-mounted SES shall be screened from view to the extent possible without reducing their efficiency. Screening may include walls, fences, or landscaping. 5. Roof-Edqe Setback Coverage Roof or building mounted solar systems, excluding building-integrated systems, shall not cover more th::tn 80% of tho south facing or flat roof upon which tho panels are mounted, and shall be set back from the roof edge by a minimum of one (1) foot. 11 6. Ground Mount Surface Area The surface area of pole or ground mount systems shall not exceed half the building footprint of the principal structure. 7. Historic Buildings SES on buildings within designated historic districts or on locally designated historic buildings will require a conditional use permit, as provided in this ordinance. 8. Approved Solar Components Electric SES components must have a UL listing. c. Procedures for Permits Plan Application and Approval 1. Districts. (a) Ground Mounted SES shall be deemed an accessory structure, permissible in all zoning districts. (b) Roof Meunted SES shall be permitted in all zoning die;tricts. 2. Application for Permit. A building permit application for a SES shall be accompanied by: 1. A scaled site plan drawing showing features of the property, including but not limited to: (a) Location and dimensions of the SES; (b) Property boundaries and the setbacks from the SES to those boundaries. the distances of those boundaries from the SEl> and frem all other boundaries; (c) Location and dimensions of any easements; and (d) Location of utility lines. (e) Engineer stamped drawings of the SES components, as provided by the manufacturer or otherwise. (f) 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. 12 2. Plan Approval Required All SES shall require administrative plan approval by Maplowoocl zoning and buildinq officials. 3. Plan Applications Plan applications for SES 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 SES - For all pitched roof-mounted systems e#lef 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 SES - 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 J\ppro'Jals Applications shall be granted administrati'Jo approval by the zoning and building official. (c) Compliance with Building Code - All active SES shall meet approval of local building code officials, consistent with the State of Minnesota Building Code. (d) Compliance with State Electric Code - All photovoltaic systems shall comply with the Minnesota State Electric Code. (e) 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. 4. Restrictions on SES Limited - No homeowners' agreement, covenant, common interest community, or other contract between multiple property owners within a subdivision of Maplewood shall restrict or limit solar systems to a greater extent than Maplewood's 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. Arfy building owner can purchase an easement across neighboring properties to protoct 13 access te 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 selar access. Maplewood may require new subdivisions to identify and create solar easements when SESs are implemented as a condition of a plannecl unit development, subdivision, conditional use, or other permit specifiecl in this ordinance. e. Renewable Energy Condition for Certain Permits Condition for Rezoning or Conclitional 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 concluctor capacity, require on site renO'.\'able energy systems as a condition for a rezoning or a conditional use permit. 1. The renewable energy condition may only be exercised for ne'^, construction or major reconstruction projects. 2. The renewable energy condition may only be e)(ercisecl 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 e. 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, unless there are existinq lines in the area which the lines accompanyinq an SES can be attached. 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. 14 1. 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 (ASH RAE), 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 and Systems a. Definitions, Geothermal Energy Sources and Systems The following words, terms and phrases, when used in this Section, shall have the meaning provided herein, except where the context clearly indicates otherwise: Closed loop ground source heat pump system - A system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. 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. 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. Stormwater Pond - These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitiqate the loss of other wetlands. Open loop GSHPS. 1\ system th:1t uses groundw:1ter:1s :1 he:1t transfer fluid by dr:1wing ground'N:1ter from :1 well to :1 he:1t pump and then disoh:1rging the water ever l:1nd. 15 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 and the setback from the GSHPS to #Ie distances of those boundaries from the GSHPS and from all other beundaries; (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 are permitted in stormwater ponds in water bodies owned or managed by the City of Maplowood may be permitted. 16 (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 assocbted 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 'Nay and shall meet all required setbacl~s for the applicable zoning district. (2) 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. (3) Utility pond GSHPS shall be completely removed from the bottom of the body of water. (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. 17 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. 18