HomeMy WebLinkAbout2010-10-18 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
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Monday, October 18, 2010
7 p.m.
Council Chambers - Maplewood City Hall
1830 County Road BEast
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1.
Call to Order
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2. Roll Call
3. Approval of Agenda
4. Approval of Minutes: September 20,2010
5. New Business
6. Unfinished Business
a. Renewable Energy Ordinance
7. Visitor Presentations
8. Commission Presentations
a. Subcommittee Reports
9. Staff Presentations
a. Update on Recycling Proposals
b. Update on Collection System Analysis
c. Update on Chicken Ordinance
d. Maplewood Nature Center Programs
10. Adjourn
Agenda Item 4
DRAFT
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday, September 20, 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 7:02 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
Present
Absent
Present
Staff Present
Shann Finwall, Environmental Planner
Nick Carver, Green Building Manager
City Council Liaison Present
Councilmember Kathleen Juenemann
3. APPROVAL OF AGENDA
Chair Trippler added the following items under Item 8, Commissioner Presentations:
8b. Report on the Fridley waste hauling meeting attended by Chair Trippler
8c." Update on Planning Commission meeting with regard to the Chicken Ordinance
Commissioner Johannessen moved to approve the agenda as amended.
Seconded by Commissioner Yingling.
Ayes all; the motion carried.
4. APPROVAL OF MINUTES
Approval of August 16, 2010, Environmental and Natural Resources Commission
Minutes
September 20, 2010
Environmental and Natural Resources Commission Meeting Minutes
1
Proposed amendments included:
a. Page 4, Wind Turbines, first item: change "...correct sighting..." to "...correct
siting..."
b. Page 7, Trash Collection System Analysis, last sentence: correct to convey that if
there are residents in the City of Maplewood who support the program, they need
to let the council members, staff and/or commissioners know they support it.
Commissioner Yingling moved to approve the minutes of August 16, 2010, as amended.
Seconded by Commissioner Johannessen.
Ayes, 4; Abstained, 1 (Commissioner Mason Sherrill); the motion carried.
5. NEW BUSINESS
a. Energy Presentation
Shann Finwall, environmental planner, introduced Carl Samuelson, of Metro Clean
Energy Resource Teams (CERTS), and Yvonne Pfeifer, Community Energy Efficiency
Manager at Xcel Energy, who presented a preview of the Community Energy Sweep
program and the Energy Efficiency Workshop. The workshop will be sponsored by the
ENRC and held on October 19, 2010, from 6:30 to 7:30 p.m. at the Community Center.
Carl Samuelson addressed the commission to introduce CERTS and its mission to the
commission. Mr. Samuelson presented information on CERTS programs and their
benefits.
Yvonne Pfeifer addressed the commission to present and discuss the various programs
currently underway at Xcel Energy, including the following:
. Community Energy Sweep
. Home Energy Squad
. Rebates
. Whole building analysis
. New construction design assistance and Energy Star homes
. Load management such as Saver Switch
. Electric rate savings
. Solar Rewards
. Wind Source
Anyone interested in learning about opportunities for energy efficiency are encouraged
to attend the workshop. It is a free event at which residents can sign up for the Home
Energy Squad program. It was noted that some of these programs have the potential to
increase home values for owners who participate.
Ms. Pfeifer offered the following specifics regarding energy audits and the Energy Squad
program:
Energy audits are done at three levels:
1. First level includes a walk through that identifies quick easy things that can be
done to save money. This level of audit is $30.
September 20, 2010
Environmental and Natural Resources Commission Meeting Minutes
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2. Second level is the standard audit, which is $60 and includes the above plus
blower door test.
3. Third level includes all of the above-mentioned services plus infrared at $100.
Ms. Pfeifer offered the following explanation on the differences between Energy Squad
and an audit: In the Energy Squad program, Xcel Energy is actually going in and doing
the work as well as explaining how things like programmable thermostats, etc., are used.
With an audit, the result is a written report, but no work is completed.
Energy Squad costs includes materials only (labor is free) and are offered at two
package levels: $50 for the base package and $80 for the premium package. Residents
may also add individual items such as additional light bulbs.
For residents who have already completed Energy Squad upgrades but would like to do
more, an audit is recommended to identify more in-depth changes.
Questions and discussion included the following topics:
1. How to determine what the payback period is or how much energy a solar panel
will generate. Mr. Samuelson offered that the Minnesota Renewable Energy
Society offers a calculator for determining what the payback for each
improvement would be. Ms. Pfeifer indicated there is also information on the
State of Minnesota's website. Ms. Finwall noted that Nick Carver, assistant
building official who is present at the meeting tonight, may also be able to offer
information on the conversion question.
2. Rebates from Xcel Energy can cover up to 60% of the cost, plus excess energy
can be sold back to Xcel.
b. Introduction to Maplewood Green Building Program
Nick Carver, assistant building official with the City of Maplewood, was introduced by
Ms. Finwall. Mr. Carver presented a preview of the proposed green building program.
Mr. Carver presented and discussed the proposed guidelines of the new code.
Specifically, Mr. Carver outlined the base documents for the commercial and residential
programs, including the International Green Construction Code and the National Green
Building Standards. He also described the various program levels and the incentive
structure that would be part of the program.
Questions and discussions covered the following topics:
1. How the city will manage the program
2. How the program compares to LEED and other similar programs
3. The program cannot be mandatory for residents because it hasn't been adopted by
the State of Minnesota, but the City of Maplewood can make it mandatory for its
buildings. The program covers all types of buildings and establishes minimum codes
that must be met.
4. Is there a way to give incentives to a neighborhood or group of homes to upgrade
existing buildings
September 20,2010
Environmental and Natural Resources Commission Meeting Minutes
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5. Chair Trippler requested additional information regarding auto shutoff devices for
water.
Kathleen Juenemann, City Council liaison, addressed the commission, and explained
that the LEED program is something that requires you to pay to participate. The Green
Building Program offers incentives to participants and would be built into the permit
system. She also noted that some of the items in the code would apply to the
environmental utility fund from which participants could get additional incentives.
Ms. Finwall noted that many of the codes included in the GreenBuilding Program are
already included in existing city building code. She went on to inform the commission
that the program will ultimately be drafted into an ordinance and follow the normal,
formal approval process.
6. UNFINISHED BUSINESS
a. Alternative Energy Ordinance
Ms. Finwall updated the commission and gave the report of the draft alternative energy
ordinance. The ordinance will assist in the development of alternative energy sources
throughout the city, including wind, solar and geothermal energy sources. Ms. Finwall
presented an updated version of the draft ordinance for discussion.
Notably, updates include the following:
1. Placement of wind turbines has been modified to clarify that commercial wind
turbines are allowed in commercial zoning districts, multiple zoning districts,
planned unit developments, and areas of the city guided as institutional or
government only, with a CUP.
2. Placement of wind turbines will be prohibited in areas guided as park and open
space.
3. Terminology was standardized to include references to only commercial and
residential turbines, not commercial, noncommercial, and micro/macro.
Nick Carver, Assistant Building Official, has reviewed the ordinance and offered to
answer questions from the commission. His feedback included the following:
1. Title of the alternative energy ordinance should be changed to "renewable"
energy ordinance.
2. The commission should consider including solar thermal for water heating
3. There should be setbacks for geothermal well drilling to ensure the drilling is kept
away from the property line.
4. Reference to permitting processes should not be included in the ordinance; this
process already exists in the building code.
5. Height requirements for the turbines exist in the building code. Those
requirements might differ from what is in the draft ordinance.
6. The definitions should be vetted to ensure they are correct.
7. Foundation requirements as specified in code are not necessary, since those are
covered in the building code.
8. The proposed ordinance should cover what wind turbines look like and where
they should be located.
9. By law this code cannot be a supplement to the building code.
September 20, 2010
Environmental and Natural Resources Commission Meeting Minutes
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10. There are already safety standards and certifications in the building code. They
should not be included in this code.
Discussion continued around the following issues:
1. The ordinance should include restrictions on time of day and seasonal use of
turbines with regard to wildlife preservation. Specific studies cited by commission
members will be submitted to staff for review.
2. Roof mounted wind turbines that extend beyond the edge of the roof-may be an
issue for some types of turbines, i.e., vertical versus horizontal wind turbines
3. Page 11, Coverage, B, 3: explain the significance of 15%.
4. Page 12, 6, Coverage, explain the significant of "half of the building footprint"
restriction.
5. Page 5, should be amended to include buildings other than the principal building.
6. The gap between 10 and 100 kilowatts; Mr. Carver noted that you may not want
to limit the wattages as this may limit use of updated technology; the possibility of
limiting height and not the power of the turbines was discussed.
7. Page 5, C, 1, c, 1: Revisit the number of commercial turbines on one parcel to
reduce potential of harming wildlife; it was suggested there should be a distance
requirement for placement of turbines on larger parcels.
8. Page 8, 6, references Minnesota Department of Natural Resources Guidance for
Wind Projects 2009 version; however, this document cannot be located.
9. Definition of "significant trees" has been added.
Chair Trippler will submit a series of minor changes to staff. Ms. Finwall will work with
Mr. Carver to incorporate the appropriate changes.
Councilmember Juenemann offered the point of view that the commission should start
with refining the definitions and ensuring they are correct before finalizing the ordinance.
The commission shouldn't feel pressure to complete the ordinance quickly.
Chair Trippler noted that there is a great deal of technical information included in this
ordinance that commission members are not familiar with.
Ms. Finwall will continue to work with Mr. Carver to update the ordinance.
7. VISITOR PRESENTATIONS
There were no visitor presentations.
8. COMMISSION PRESENTATIONS
a. Sub-Committee Reports
Neighborhood Subcommittee
Commissioner Johannessen reported that the subcommittee has not had any special
meetings since the last report; however, the committee is working on the
presentation for the Energy Squad workshop with Xcel Energy. The committee will
meet on October 1 to review the workshop presentation.
September 20, 2010
Environmental and Natural Resources Commission Meeting Minutes
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Greenway Subcommittee
Commissioner Yingling reported that the subcommittee is still developing a strategy
for communicating with residents in the Priory Greenway area. Ms. Finwall met with
the MN pollution control agency regarding the status of the Maplewood dump site.
Commissioner Yingling reviewed the reports associated with this issue and
determined that the city needs to renew its permit with watershed district and move
forward with removing some of the appliances in the flood plain of the creek and
finish capping the site.
Waste Hauling Subcommittee
Chair Trippler reported that he attended a meeting in Fridley on waste hauling on
September 14, 2010. It was an informational meeting that was attended by waste
haulers and a University of Minnesota representative who spoke on air quality and
environmental impact issues relative to the hauling vehicles. A MNDOT
representative was scheduled to attend but was not present; however, a brief memo
on the long-term effects of hauling vehicles on pavement was distributed.
Maplewood City Council will hold a special council meeting on October 4, 2010, from
7:00 to 9:00 p.m. to hear public testimony on the city's trash hauling system. No
formal action will be taken as a result of this meeting.
b. The Planning Commission reviewed the proposed chicken ordinance at its August
24, 2010, meeting. Several questions were posed to staff by the commission,
particularly with regard to the impact on neighborhoods and the cost of the program
to the city. The revised ordinance will be reviewed at the Planning Commission
meeting scheduled for Tuesday, September 21,2010.
9. STAFF PRESENTATIONS
a. September 13 City Council Meeting - Review of Recycling Proposals
This item has been tabled until the September 27, 2010, City Council meeting due to
discrepancies identified in how the revenue sharing was analyzed among the
contractors. Ms. Finwall requested an ENRC member be present at the September
27 meeting.
b. Fall Clean-up Event
Flyers describing the items that will be accepted along with the collection fees are
available. The event will be held on October 16, 2010, at Aldrich Arena from 8:00
a.m. to 1 :00 p.m. In an effort to promote the concept of reduce and recycle,
additional items will be accepted without fees. These items include: the Bridging
organization will collect furniture and house wares for distribution to families in
transition, Recycle will collect used bicycles for restoration and reuse, and Pride in
Living will accept mattresses, box springs, and sleeper sofa mattresses. This event
will take place in conjunction with the Ramsey County Household Hazardous Waste
Collection program, which will accept things like automotive oil, antifreeze, paint, etc.
This portion of the event will run from 8:00 a.m. until 4:00 p.m. The event will also
include a food drive for Second Harvest. ENRC volunteers are encouraged to
participate.
September 20,2010
Environmental and Natural Resources Commission Meeting Minutes
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c. Update on Recycling in Parks
The City Council approved the purchase of recycling bins as part of the county's Be
Active, Be Green recycling project. Maplewood has requested 137 bins through the
grant program. Maplewood, in conjunction with its recycling provider, will collect the
materials and maintain the containers" for five years.
d. Update on State Shoreland Rules
Specific shoreland regulations are included in the city's wetland ordnance for
wetlands that are adjacent to lakes until such time that a shoreline ordinance is
adopted by the city or until 2012. The state of MN is undergoing a rules review for
shoreland ordinance. In August Governor Pawlenty returned the rules to the DNR
for further work.
e. Update on State Mississippi Critical Corridor Rules
Commission Yingling has been attending these committee meetings. The group is
proposing holding two public meetings on the rule making:
September 29,2010, from 4:00 to 7:00 p.m. in Hastings. This will have an open
house format for interested parties. The DNR will review the rules and get feedback
on the districts and standards.
The League of Minnesota Cities is sponsoring an event on Tuesday, September 21,
2010, to allow affected cities to get an overview of the rules and offer a question-and-
answer forum. This event will take place at their site in St. Paul from 9:30 to 10:30
a.m. ,Ginny Gaynor is planning to attend.
f. Maplewood Nature Center Programs, 2659 East Seventh Street:
Staff updated the commission on programs being offered in August:
1. A demonstration on how to identify and remove buckthorn will be held on
Saturday, September 26, frorn 10:00 to 11 :15 a.m. This is a free event that will
take place at the Applewood Neighborhood Preserve.
2. The annual buckthorn removal is a free event being held this year at Vista Park
on Saturday, October 2, from 9:30 to 12:00 p.m. for adults and children 11 years
old and older, and from 12:30 to 2:00 p.m. for adults only.
3. Nature in Your Neighborhood will take place on Saturday, Oct 9,2010.
Residents can nominate their neighborhood for a site visit with a naturalist.
Applications are due to the Maplewood Nature Center by September 30.
4. Free Buckthorn Drop-off Sites and Dates: Buckthorn can be brought to either
Maplewood City Hall or the London Lane Fire fire station on October 30 and 31
or November 6 and 7.
5. Residents can register their neighborhood for free curbside buckthorn pick-up.
City crews will pick up from neighborhoods with three or more registered
households.
More information on these programs is available at the Maplewood Nature Center
website: http://www.ci.maplewood.mn.us
10. ADJOURNMENT
Chair Trippler adjourned the meeting at 9:43 p.m.
September 20, 2010
Environmental and Natural Resources Commission Meeting Minutes
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Agenda Item 6.a
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Renewable Energy Ordinance
October 14, 2010 for the October 18 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 renewable energy ordinance, which will assist in
the promotion of renewable 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 renewable energy ordinance. This ordinance
addresses regulations to allow for wind, solar and geothermal energy sources.
DISCUSSION
During the ENR Commission's review of the ordinance in September, the following issues were
raised:
1. Distinguish between types of wind energy applications.
The draft ordinance referenced commercial and residential wind turbines. The
commission questioned how the city should distinguish between the different sizes of
wind energy relative to the intended use.
The Minnesota Pollution Control Agency's (MPCA) Model Wind Energy document
(drafted by CR Planning, Inc., in 2008 as part of a MPCA sustainable communities grant)
states the following:
The first distinction communities need to make in addressing wind energy
systems in their regulations is between systems that are primarily designed as
electric power generators for utility systems or wholesale power markets, and
those systems that are designed primarily to provide power to a single residence
or business. The former use utility-scale turbines with a capacity measured in
megawatts, rise hundreds of feet into the air, and are typically (but not always),
part of a wind farm system with other similar turbines. The latter are, by contrast,
quite small in terms of generating capacity, height, and frequency in the
landscape: Small wind systems are sometimes further divided into two
categories of very small systems and larger systems. Where these divisions are
made is highly dependent upon the character of the community, the type of local
government, and the magnitude of the wind resource.
Under existing Minnesota law renewable energy projects with an electric
generating capacity of less than 40 kW qualify for "net metering," in which electric
generation in excess of on-site demand is purchased by the electric utility at the
retail rate. While the net metering threshold seems reasonable, the standard is
actually somewhat artificial. The land use and nuisance characteristics of a 40
kW system and a 100 kW system are quite similar. Federal and state laws have
established relatively favorable procedures and rates for interconnecting re-
newable generators of under 100 kW capacity. Some communities may find that
turbines of up to 100 kW are fully consistent with other land uses and reasonably
quality for a less rigorous (non-commercial) set of standards and review
procedures.
Based on this information, staff is proposing two types of wind energy systems be
categorized in the renewable energy ordinance as follows:
a. Commercial WECS. A WECS of equal to or greater than 100 kW in total
nameplate generating capacity. These turbines would be allowed in commercial,
multi-dwelling, institutional, and government properties with a conditional use
permit (city council approval). The height limit proposed in the ordinance for this
type of turbine is 125 feet.
b. Non-Commercial WECS. A WECS of less than 1 OOkW in total name plate
generating capacity. These turbines would be allowed in all zoning districts as a
permitted use (administrative approval). The limit proposed in the ordinance for
this type of turbine is 60 feet.
2. How can the ordinance address the nuisance factors associated with shadow flicker
from wind turbines?
Wind Energy Planning, a group that focuses on the latest insights, legislation and case
studies about wind energy around the globe (windenergyplanning.com) states that tall
structures such as wind turbines cast shadows, which vary in length according to the
sun's altitude and position. Rotating wind turbine blades cast moving shadows which
could under certain conditions cause flickering at nearby properties. This effect is similar
to the flicker you may have experienced when driving, if the low winter sun is shining
through trees and then your car window.
In order for a person in a property to experience flickering from a wind turbine the
property would need to have a narrow window facing a wind turbine. The sun would
need to be relatively low in the sky and be behind the tower. The turbine would need to
be facing a certain direction so that the turbine blades were turning and casting the
shadow in the direction of the property. Any flicker effect would only last while the sun is
behind the tower and while the nacelle was facing in that one direction.
Shadow flicker effects on properties are very rare as normally wind turbines are located
too far from properties. However if nuisance occurs, a sensor can be installed which
shuts down the wind turbine on the rare occasion the above sun and wind direction
conditions occur.
Based on this research, the best way to address nuisance factors associated with
shadow flicker from a freestanding wind turbine is to ensure proper placement. The draft
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ordinance addresses placement with the requirement that the turbine be placed one and
one-half the distance of the height of the turbine to the property line.
3. What is the appropriate distance requirement between commercial wind turbines on a lot
of five acres or more?
The draft ordinance allows one commercial wind turbine to be located on a commercial,
multi-dwelling, institutional, or government lot of at least one to five acres with a
conditional use permit. All other larger parcels are limited to one commercial wind
turbine per five" acres of land area. On a 20-acre commercial lot (3M as an example),
the owner could feasibly install four commercial wind turbines. The ordinance further
states that these turbines must maintain a setback of one and one-half times the height
of the turbine to an adjacent turbine. This setback requirement to other turbines
addresses the issue of distance requirements. In the example above, if the property
owner installed four turbines, the closest those turbines could come to each other would
be one and one-half the distance of the height of each of the turbines.
4. All references to state and city building code requirements should be removed from the
code. This is a zoning ordinance, not a supplement to building codes.
The revised draft removes all references to building code requirements. All renewable
energy systems installed within the city will comply with state and city building codes
through the city's building permit process.
5. All definitions should be vetted to ensure accuracy.
Staff compared all definitions to the definitions outlined in the American Wind Energy
Association and the MPCA model wind energy document for accuracy.
6. The outline for each section in the ordinance should be consistent.
The revised draft specifies the following outline for all three sections (wind, solar,
geothermal) of the ordinance as follows:
a. Definitions
b. Districts
c. Placement and Design
d. General Standards
e. Abandonment
RECOMMENDATION
The above-mentioned issues and several other changes have been made in the attached
ordinance. Review the renewable 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.
Attachment: Draft Renewable Energy Ordinance
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Attachment 1
ORDINANCE NO. XXX .
DRAFT 5 (October 13,2010)
AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING
RENEWABLE ENERGY SYSTEMS (Wind, Solar, Geothermal)
The Maplewood City Council approves the following addition to the Maplewood Code of
Ordinances. This ordinance creates a new renewable 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 renewable 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 renewable energy systems
with the necessity to protect the public health, safety and welfare of the community, the city
finds the renewable energy regulations specified in this ordinance necessary to ensure that
renewable 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 renewable 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
renewable 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 renewable 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.
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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:
Buildinq Official. Buildinq Official is any person desiqnated by the citv manaqer to
administer and enforce the city's buildinq code.
Commercial WECS. A WECS of equal to or greater than 100 kW in total nameplate
generating capacity. Usually theso units arc constructed in armys to provide utility scale
pO'Ner supply. These systems are regul:lted at the state level and would not likely be
placed anywhere in Maple\"'<ood.
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.
Front Yard. A front yard is anv part of a yard located between a structure and a street
riqht-of-way line. A corner lot shall have a front yard on each street frontaqe.
Meteorologioal Tower. Those tm'.'er which aro orocted primarily to measure wind speed
and directions plus other data relevant to siting WECS. Meteorological towers do not
inolude to'....ers and equipment used by airports, tho Minnesota Department of
Tr:msport3tion, or other simil:lr applic3tions to monitor weather oonditions.
Non-Commercial WECS. A WECS of less than 100kW in total name plate qeneratinq
capacity.
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 I<ilowat.t (I<'N)
n3meplate genor3ting capacity or less.
Rear Yard. A rear yard is the yard that is opposite and most parallel to the front yard.
Roof-Mounted WECS. A WECS utilizing a turbine mounted to the roof of a structure aAG
having a maximum rotor diameter of seven (7) feot.
Rotor Diameter. The diameter of the circle described by the moving rotor blades.
Side Yard. A side yard is anv yard between any part of a structure and the side property
line.
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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.
StandGrd Soil Conditions. Average area soil conditions not including: grGvel, sand, loose
rock, mud, muck, or any ground that '....ould reasonably bo expected to Gffect the stability
and/or strength of an artificial f-oundation.
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,
Feoder 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.
ZoninQ Official. ZoninQ official is anv person desiQnated bv the city manaQer to
administer and enforce the citv's zoninQ code.
b. WECS Districts
1. Commercial WECS Districts.
(a) Ground and Roof Mounted Commercial WECS shall be allowed with
approval of a conditional use permit in the following zoning districts and
land use designations:
(1) In all properties located in commercial zoning districts (Heavy
Manufacturing, Light Manufacturing, Business Commercial,
Business Commercial Modified, Limited Business Commercial,
Commercial Office, Neighborhood Commercial, Shopping Center).
(2) In all properties located in multiple dwelling residential zoning
districts (Multiple Dwelling Residential and Mutliple Dwelling
Residential Townhouse).
(3) In all properties approved as a planned unit development.
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(4) In all properties guided as Government or Institutional in the city's
Land Use Designations of the Comprehensive Plan.
(b) Ground and Roof Mounted Commercial WECS shall be prohibited in all
properties guided as park or open space in the city's Land Use
Designations of the Comprehensive Plan.
2. Residential Non-Commercial WECS Districts.
(a) Ground and Roof Mounted Non-Commercial Residential WCES shall be
deemed an accessory structure, permissible in all zoning districts.
c. Placement and DesignFreestanding 'NEeS
1 Freestanding WECSDesign and Pbcement.
(a) Height:
(1) Commercial WECS shall have a total height, including tower and
rotor at its highest point, of no more than one-hundred twenty
(125) feet.
(2) Rosidential Non-Commercial WECS shall have a total height,
including tower and rotor at its highest point, of no more 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 11,) times
the height from any property line, public right-of-way, electric
substation, transmission line, dwelling, or other WECS.
(3) Have a minimum setback distance of six hundred (600) feet from
any property guided as park or open space in the city's Land Use
Desiqnations of the Comprehensive Plan.
(c) Number:
(1) Commercial WECS - one (1) commercial WECS shall be allowed
on a single lot of one (1) to five (5) acre(s). All other larger parcels
will be limited to one (1) Commercial WECS per five (5) acres of
land area.
(2) Residential Non-Commercial WECS - one (1) residential WECS
shall be allowed on any single, double, or multi-dwelling
residential lot.
(d) Design:
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(1) Tower Configuration. All freestanding 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.
(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.
2. Roof-Mounted WEeSe
a. Heiqht
Roof-mounted WECS shall have a total height of not more than twenty-
five (25) feet, measured from the roof to the rotor at its highest point.
b. Design cmd Placement. /\11 Roof Mounted WECS shclil:
Be erected within tho confines of the principle on the roof of a buildinq or
structure. the building's roof and no portion of the VVECS shall extend
beyond the edges of the roof.
c. Number.
(1) Commercial Roof-Mounted WECS. The maximum number of
Commercial Roof-Mounted WECS shall be approved through the
conditional use permit process.
(2) Residential Non-Commercial Roof-Mounted WECS. No more
than one 01 ru roof-mounted Non-Commercial. WECS shall be
installed on anv rooftop located in a sinqle, double, or multi-
dwellinq residential lot.
b. Site Structure. Prior to the installation of any Roof Mountod 'NECS, the
operator shall cause a site specific analysis to be performed by a licensed
structural engineer addressing the suitability of the host structuro to
support the WECS.
d. General Standards
The following provisions will apply to all WECS erected under the provisions of this
ordinance seGe:
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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 neutral tone 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, FedefQl and Local Regulations. In addition to the requirements listed in
this Section, a \^lEeS must:
6. Comply with all Fedoral and Sblo regulations.
7. Comply 'A'ith all local regulations and requirements for the applicable zoning
district, including, but not Iimite.d to, sotbaGk, height, noise, and nuisanGe
requirements.
5. 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.
6. Signs: The placement of all other signs, postings, or advertisements shall be
prohibited on the units. This restriction shall not apply to manufacturer
identification, unit model numbers, and similar production labels.
7. Removal of trees: No significant trees shall be removed with the installation of
WECS.
f. CommerciallnstallatisRs
!L 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.
.!iL 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 existing lines in
the area which the lines accompanying a WECS can be attached.
e. Abandonment.
,II. \^IECS that is allowed to remain in a nonfunctional or inoperati'/e state for a period of
12 conseGutive months, and 'Nhich is not brought in operation within the time specified
by tho city after notification to the owner or operator of the VVECS, shall bo presumed
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::Ibcmdoned ::Ind m::lY be decl::lrod ::I public nuie::mce e:ubject to remo'l::ll ::It the expense of
the opemtor.
h. Feeder lines.
Any lines ::Iocomp::lnying ::I \^IECS, other th::ln those containod within the '-'\fECS tower or
those attaohed to on e:ite e:tructuree: by le3ds, shall be buried '....ithin the interior of the
subject p::lrcol, unloss thero are existing Iinos in the ::Ire::l which the Iinee: ::Iccompanying
a \^.IECS c::In be aUached.
i. Standards and Certification
1. WECS shall meet minimum st::lnd::lrds such ::IS Intern::ltion::ll Electro technioal
Commission (IEC) or the Americ::ln '-'\find Enorgy Assocbtion's (!\WE/\) Wind
Turbine Perform::lnce ::Ind S3fety Standard or other st::lndards as determined by
. the zoning ::Ind building offici31.
2. WECS shall be oertified by Underwriters L::Ibomtoriee:, Inc. ::Ind the Nation::ll
Rene'Nable Energy Labomtorj, tho Sm::lll 'Nind Certific3tion Council or other body
3S determined by the Pbnning and Zoning Director. The City rosorves the right to
deny ::I building permit for proposed wind energy systems deemod to h::l'le
in::ldoquate oortifioation.
d. Setbaoks, Substations and Accessory F::Icilities Minimum setb3ck standards for
subst::ltions 3nd feeder lines shall be oonsistent with the stand::lrds est::lblished in
the Model Community Gener31 De'Jelepment Standards for Essenti::ll Services.
e. Safety and Design Standards
1. Engineering Certific3tion For all \^.IECS, applic::lnt must provide engineering
oertifioation of turbine, foundation, and tmvor dosign is within ::Iccopted
profession::ll sbnd::lrds.
10. Clearance - Rotor blades or airfoils must maintain at least 20 feet of clearance
between their lowest point and the ground.
11. 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.
12. Energy Storage - Batteries or other energy storage devices shall be designed
consistent with the Minnesota Electric Code and Minnesota Fire Code.
5. Eloctric::ll Codes and Stand::lrds 1\11 WECS ::Ind accessory equipment and
f~cilities shall oomply with the N::Ition::l1 Electrical Code and other 3pplioable
st::lndards.
13. Environmental Standards Green Infrastructure - The applicant of a Commercial
WECS shall provide the followinq information in the application to minimize
impacts on the environment: meet the Minnesota Dep::lrtment of Natur31
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Rcsourccs Guidnncc for Wind Projccts, June, 2009 version or most reccnt
vcrsion, fBr siting wind encrgy facilitics and mitigntion of risk to nntural rosources,
including the follo'Ning stnndnrds:
(n) Pro'/iding the follm...ing informntion in thc npplication:
(a) Natural heritage concerns within the project.
(b) ~ Lands quided as park or open space in the citv's Land Use
Desiqnation of the Comprehensive Plan that are located within one mile
of the project.
(c) Conservation easements and other officially protected natural areas
within a quarter mile of the project.
(d) Shoreland, areas, Mississippi Critical Area, wetland buffers, wildlife
corridors and habitat complexes, and dcsignnted scenic views.
(el All siqnificant trees impacted bv the proiect.
e. 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 brouqht in operation within the time specified
bv the citv after notification to the owner or operator of the WECS, shall be presumed
abandoned and mav be declared a public nuisance subiect to removal at the expense of
the operator.
k. Procedures for Permits,
Building permit npplicntions for n \^IECS shall be nccompnnied by:
1. Tho nnmes of project npplicnnt
2. Thc nnme of the project owner
J. The legnl description and address of the project
1. A scnlcd sitc plnn draINing showing f{)nturcs of the propcrty, including but not
limitcd to:
(n) Locntion and height of the 'NECS;
(b) Propcrty boundarics and thc distnnces of those boundnries from thc
'NECS and from all other boundnrios;
(c) Locntion and dimensions of nny ensomonts; and
(d) Locntion of ovorhcnd utility lines.
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5. atampod engineered drawings of any tow-or, base, footings, and/or foundation as
pro'/ided by the manufacturer or otherwise.
6. Manufacturer's cortification or line drawings of the electrical components in
sufficient detail to allow for a determination that the installation conforms to the
~Jational Electric Code.
7. Commercial VVECa shall submit a copy of the interconnection agreement with
tho utility or documentation that an interconnection agreement is not necessary.
8. WECS that are not connocted to the electric grid shall identify location of battery
or other storage devico.
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.
Buildinq Official. Buildinq Official is any person desiqnated by the city manaGer to
administer and enforce the citv's buildinG code.
Ground-Mounted Panels. Freestanding solar panels mounted to the ground by use
of stabilizers or similar apparatus.
Photovoltaic System. An active solar energy system that converts solar energy directly
into electricity.
. Roof-Mounted Panols SESe Solar enerGV svstem (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.
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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 which provides 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.
Zoninq Official. Zoning official is anv person desiqnated bv the city manaqer to
administer and enforce the citv's zoning code.
b. Districts Placement and Design
Active solar energy systems (SES) shall be allowed as an accessory use in all zoning
districts. classifications where structures of any sort are allowed, subject to cortain
requirements as sot forth belm\':
f:. Placement and Design
1. Height
(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. PlacementSetbacks
(a) Ground-mounted SES must meet the accessory structure setback for the
zoning district in which it is installed.and primarj land blse aSE;ociated with
the lot on 'Nhich the system is located.
(b) Roof-mounted SES In addition to the building setback, tThe collector
surface and mounting devices for roof-mounted SES solar system 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.
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(b) Ground mountcd SES Ground mounted SESs may not extend into thc
sidc yard or rcar yard setback.
3. Coverage
(a) Ground-mounted SES may not cxcccd moro than fiftccn porcont (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.
(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.
(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 Edge Setback
Roof or building mounted solar systems, excluding building integrated systoms,
shall bc sct bacl" from thc roof cdgc by a minimum of onc (1) foot.
e. Ground Mount Surface .'\rea
The surface aroa of pole or ground mount systems shall not exceed half thc
building footprint of tho principal structure.
6. Historic Buildings
SES on buildings 'Nithin designated historic districts or on locally dosignatcd
historic buildings will rcquirc a conditional use permit, as provided in this
ordinanco.
7. /\pprovod Solar Componcnts
Electric SES componcnts must have a UL listing.
G. PreGedures fer Permits
/\ building permit application for a SES shall be accompanied by:
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1. I'. scaled site plan drawing shmving featuros 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 thoso boundaries.
(c) Location and dimensions of any easements; and
(d) Location of utility lines.
(e) Engineer stomped drawings of the SES components, as provided by the
manufacturer or other....ise.
(f) Manufacturer's cortification or line drawings of the electrical components
in sufficient detail to allow for a dotermination that the installation
conforms to the ~Jational Electric Codoc
1. Plan I\pproval Requirod
.'\11 SES shall require administrative plan approval by zoning and building officials.
3. Plan Applications
Plan applications forSES shall be accompanied by to scale horizontal and
vertical (elevation) drawings. Tho 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) Pitchod Roof Mounted SES For all pitched roof mountod syslems the
elevation must show the highest finished slope of the eolar collector and
the slope of the finished roof surfuce on which it is mounted.
(b) Flat Roof Mounted SES For flat roof applications a drawing shall be
submittod showing the distance to the roof edgo and any parapets on the
building and shall idontify the height of the building on the street frontage
side, the shortest distance of the system from the streot frontage edge of
the building, and the highest finished height of the solar collector above
the finished surbce of lhe roof.
(c) Compliance with Building Code /'.11 active SES shall meet approval of
local building code officials, consistent 'Nith lhe Stale of Minnesota
Building Code.
(d) Compliance with State Eleclric Codo 1\11 photovoltaic systems shall
comply with the Minnesota Stato Electric Code.
(e) Utility Notification No grid inter tie photovoltaic system shall be installed
until evidence has been gi'/en to the Planning and Zoning Department
that the owner has submitted notification to the utility company of lhe
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customer's intent to insbll an interconnected customer owned generator.
Off grid systems are exompt from this requirement.
2. Restrictions on SES Limited No homeowners' agreement, covenant, common
interest community, or other contract betwoon multiple property owners within a
subdivision of Maple'llood shall restrict or limit solar systems to a greater extent
than MapIC'o...ood's renewable energy ordinance solar porformance standards. .
d. Solar !\ssess
Maplewood encouragos solar access to be protected in all ne'/.' subdivisions and allows
for existing solar to be protectod consistent with Minnesota Statutes. Any solar
casements filed, must be consistent with Minnesota Stat. Chapter 500 Section ::l0.
d. General Standards
1. Additional Requirements. In addition to the requirements listed in this Soction, a
SES must:
(a) Comply with all Federal and State regulations.
(b) Comply '.'lith all local regulations and requirements for the applicable
zoning district, including, but not limited to, setback, height, and nuisanco
requirements.
1. 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
SESe Off-grid systems shall be exempt from this requirement.
2. Feeder lines. Any lines accompanying a SES, other than those attached to on-
site structures by leads, shall be buried within the interior of the subject parcel,
unless there are existing lines in the area which the lines accompanying an SES
can be attached.
3. 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.
4. Restrictions on SES Limited - No homeowners' aqreement. covenant. common
interest communitv, or other contract between multiple property owners within a
subdivision of Maplewood shall restrict or limit solar systems to a qreater extent
than Maplewood's renewable enerqv ordinance.
5. Maplewood encouraqes solar access to be protected in all new subdivisions and
allows for existinq solar to be protected consistent with Minnesota Statutes. Any
solar easements filed, must be consistent with Minnesota Stat. Chapter 500
Section 30.
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eo Safety Standards and Certification.
1. Standards. SES shall meet tho minimum standards outlined by the International
Eleclrotechnical Commission (IEC), the American Society of Heating,
Refrigerating, and/\ir conditioning Engineers (ASHRAE), Inlornational
Organization for Standardization (ISO), Underwriter's Labor3tory (UL), the Sol3r
Rating and Certification Corporation (SRCC), or other nation31 stcmd3rds as
determined by the zoning official Planning and Zoning Director.
2. Certification. SESs shall be certified by Underwriters Laboratories, Inc. and tho
National Renewable Energy Laboratory, the Solar Rating and Certification
Corporation or other body as determined by tho zoning official Planning and
Zoning Director. The City reserves the right to deny a building permit f<Jr
proposed SESs deemed to h3ve in3dequate certification.
e. 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 mitigate the loss of other wetlands.
b. DistrictsSbndards
1. Districts.
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(a) Ground source heat pump systems (GSHPS) shall be deemed an
accessory structure, permissible in all zoning districts.
C. Placement and Design
1. Placement Sotbacks.
(a) All components of GSHPS including pumps, borings and loops shall be
set back at least 5 feet from interior and rear lot lines.
(b) Easements. All components of GSHPS shall not encroach on I*I9IiG
drainago, utility roadway or trail easements.
(c) GSHPS are permitted in stormwater ponds.
2. Design
(a) Only closed loop GSHPS utilizing Minnesota Department of Health
approved heat transfer fluids are permitted.
(b) Screening. Ground source heat pumps are considered mechanical
equipment and subject to the requirements of the city's zoninq
ordinance.Maplewood Building Permit Standards.
2. Application for Pormit.
A building permit application for a GSHPS shall be accompanied by:
(a) ,^, scaled site plan drawing showing foaturos oHho property, including but
not Iimitod to:
(1) Location and dimensions of the GSHPS;
(2) Property boundaries and the setback from the GSHPS to thoso
boundaries;
(3) Location tlnd dimensions of any easements; and
(4) Looation of utility lines.
(b) Engineer stamped drawings of the GSHPS components, as provided by
the manufacturor or otherwise.
(c) Manufacturer's certification or lino drawings of the electrioal components
in sufficient detail to allow for a determination that tho installation
conforms to the ~lational Electric Codoc
(d) Installers as built drawings to sho'll that the systom complios 'Nith all
mochanical pormits and MDH requirements.
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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.
(b) Easements.
d. General Standards
1. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards
outlined in Minnesota Rules Chapter 7030.
(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.
2. Safety. Ground source heat pumps shall be certified by Undorwriters
Laboratorios, Inc. and meot the requirements of the State Building Code.
e. 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. Stormwater pond GSHPS shall be completely removed from the bottom of the
body of water.
(h) Permits. A building permit shall be obtained for any GSHPS prior to
installation. Borings for '/ertical 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.
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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.
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