HomeMy WebLinkAbout2010-12-09 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Thursday, December 9,2010
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: November 15, 2010
5. New Business
a. Review of 2011 Street Improvements: Western Hills Area (West Side of
Interstate 35E)
6. Unfinished Business
a. Renewable Energy Ordinance
7. Visitor Presentations
8. Commission Presentations
a. Subcommittee Reports
1) Collection System Analysis
2) Neighborhood Environmental Groups
3) Greenways
9. Staff Presentations
a. Gervais Lake Vegetation Management Plan Update
b. Silver Lake Herbicide Treatment Update
c. Reschedule January 19, 2011, Environmental Commission Meeting Due to
Martin Luther King Holiday (Available Dates: Monday, January 11; Thursday,
January 13; Wednesday, January 26; or Thursday, January 27)
d. Schedule Goal Setting Meeting (Available Dates: See above)
e. Maplewood Nature Center Programs
10. Adjourn
Agenda Item 4
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday, November 15,2010
Council Chambers, City Hall
1830 County Road BEast
A. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:01
p.m. by Chair Trippler.
B. 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
Absent
AbsElnt(On Leave)
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Staff Present
Shann Finwall, Environmental Planner {':'>'"
Ginny Yingling, Natural Resource Coordinator'
Andrew Hovland, Forestry ConsultapL. \>41'
Kathleen Juenemann, Councilm\lrilbE;r,LiaiSQ~
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enda as submitted.
C. APPROVAL OF AGENDA
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Commissioner Edmundsop movea:to
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Seconded by Commissione~;;M<:l$6h Sherrill.
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Ayes - All
The motion passed.
D. APPROVAL OF MINUTES
Commissioner Yingling moved to approve the October 18, 2010. Environmental and Natural
Resources Commission meetinq minutes as submitted.
Seconded by Commissioner Edmundson.
Ayes - All
The motion passed.
E. NEW BUSINESS
1. Emerald Ash Borer Draft Plan
a. Natural Resource Coordinator, Ginny Gaynor introduced the item and Forestry
Consultant, Andrew Hovland presented the Emerald Ash Borer draft plan.
November 15, 2010
Environmental and Natural Resources Commission Meeting Minutes
1
The following were concerns the commission and staff discussed:
o Volunteerism
o Cost of tree replacement
o Change of the food chain for insects
o Education about different tree species
o Identification of Emerald Ash Borer and ash trees
o Insecticides and how long the insecticide is retained in the tissue of the tree
o Native ash trees in Minnesota (Green, Black, and White Ash)
o Range of the Emerald Ash Borer and what neighboring communities are going
to do about this problem
o Educating Maplewood residents on the issue and how to treat the problem
o Companies taking advantage of homeowners and selling them products that
won't work
o Homeowners should ensure that the company they hire to deal with the
problem has a chemical tree care license and a pesticide applicator license
o Cost of treating the tree, cost of removing the tree, and cost of replacing the
tree
o Data on the stingless wasp
o Replacement trees for the diseased trees
o Eliminating the use of chemicals and thE! "unknown" about these chemicals if
used to treat the problem /,>>
o Strategic plan to move forward Ai''t'"
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Ms. Gaynor thanked the commi$$'ici'il for theii' review and comments on the draft
plan. Staff will prepare a final slCCitegipplan for"dealing with Emerald Ash Borer
over the next few months with finar,review by the Environmental and Parks
Commissions and City Co~ricil~~mE!tiiJ1,e next year.
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2. Annual Sustainability Report' 1t:::'
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a. Environmental PlaqpllIiShap[1 'Finwall gave the Annual Sustainability Report
L~;T .".
Highlight~'l:>fthe'r~f>ortioclude 2010 accomplishments by the ENR Commission,
Green Tellt)'Jupdate(completion of an environmental purchasing policy),
Sustainable'QperCitj'ons (recommendations given for improving operations in the
following areas<:,trash hauling, building operations, turf management, snow/ice
removal, fleet operations, and complete streets policies), and finally a
recommendation for the city to participate in the Minnesota GreenSteps program.
This program was created by the Minnesota Pollution Control Agency as a way to
assist local governments in achieving state and local greenhouse gas and pollution
reduction goals. The program involves 28 best practices to assist cities achieve
these goals.
Commissioner Yingling moved to recommend to the city council the adoption of
the resolution authorizinq the City of Maplewood to participate in the Minnesota
GreenSteps proqram.
Seconded by Commissioner Edmundson.
Ayes - All
The motion passed.
F. UNFINISHED BUSINESS
None.
November 15, 2010
Environmental and Natural Resources Commission Meeting Minutes
2
G. VISITOR PRESENTATIONS
None.
H. COMMISSION PRESENTATIONS
1. Subcommittee Reports
a.
Collection System Analysis - Chair Trippler gave the report regarding the
November 15, 2010, Special city council meeting regarding the Collection System
Analysis. The city council has directed staff to do additional research on cities that
are organized and the types of contracts they have, price differences between
organized cities and open hauling cities, review of additional studies on organized
trash hauling, and a draft of goals and objectives for moving forward. This
information should be presented to the city council during a workshop in early
2011. If the city council chooses to go forward with Collection System Analysis,
the city council has indicated they don't want to re-invent the wheel with additional
studies by the city, etc. It is their goal to move forward with the statutory process
and be complete within one year.
Neighborhood Environmental Groups - C~mmissioner Edmundson reported that
the group held its first program, which ~Clsthe energy efficiency workshop at the
Community Center in October. Xcelt;l"le{,I;l~ and Metro Clean Energy Resource
Team joined forces to assist the grpup in presenting energy efficiency tips to
homeowners and outlining availilP1e energyeTfi<;iency programs and rebates
available through Xcel. The ne"xt'meetlng will iilclude representatives of the
Nature Center, to begin a cjialoguEl'.8f1 how the group can partner with the
naturalists on some of thei(Ptg~r,~mmi[1g
Greenways - Environmentalpl<lnlier",Shann Finwall informed the group of the
next meeting on Novel11ber 1~f201 C},
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c.
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STAFF PRESENTATIONS
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Ms. Finwall discussed prc5(Jrams"'EljtheMaplewood Nature Center and the Friends of Maplewood
2011 Calendar that is fof~,<l.le to b$,llefit the Maplewood Nature Center and other environmental
programming in the city. ..,., ".,
J. ADJOURNMENT
Chair Trippler adjourned the meeting at 9:08 p.m.
November 15, 2010
Environmental and Natural Resources Commission Meeting Minutes
3
Agenda Item 5.a.
AGENDA REPORT
DATE:
Environmental and Natural Resources Commission
Steve Kummer, Civil Engineer II
Review of 2011 Street Improvements: Western Hills Area (City
Project 10-14)
December 1, 2010
TO:
FROM:
SUBJECT:
INTRODUCTION
Engineering staff within the Public Works Department received authorization late summer 2010
from the City Council to begin preliminary planning for street and utility improvements for the
Western Hills neighborhood. Generally, the area of proposed street improvement is bounded by
Roselawn Avenue to the north, 1-35E to the east, Larpenteur Avenue to the south, and Rice
Street on the west (see attached map).
The general nature of the improvement project will include watermain and sanitary sewer
repairs/replacements, installation of a new storm water management system (including storm
drains, piping and ponding areas), and reconstruction of all streets with concrete curb and gutter
and new asphalt surface. Engineering staff considers this a challenging project and looks
forward to getting into the design process of improving another area of residential streets.
City staff have already begun some preliminary investigation and is receiving feedback and
comments from the area residents. Staff have held two neighborhood meetings in early
September 2010 and have sent out surveys to the residents soliciting comments about items
such as drainage, street and traffic functions, and sanitary sewer service issues and other
concerns. This report is a reflection of the recommendations that staff has been analyzing to
date for the purposes of putting together a preliminary scoping document and cost estimate for
the project.
DISCUSSION
The Western Hills neighborhood holds a number of opportunities for environmental
improvement. Some realms of improvement include storm water management and treatment,
wetland enhancements, erosion repairs, rain water garden and streetscaping enhancements,
and traffic calming.
Storm Water ManaQement
The neighborhood has a minimal storm water drainage system. Most drainage flows overland
along the edges of the streets. This has caused pavement damage problems where scouring of
the pavement surface or freeze-thaw effects have caused edge cracking and potholing to occur.
The streets could use a defined gutter and a drainage system to manage these effects and
reduce the intensity of future maintenance to these roadways. Staff believes that it can balance
the aspects of reduced street maintenance with environmental design.
None of the runoff from this neighborhood is directly treated by storm water BMP's. Staff is
proposing to construct a number of regional treatment basins and rain water gardens and divert
storm drainage from the neighborhood streets into these basins. As well, the City had a degree
of success with the special boulevard rain water garden program designed for Duluth Street in
the Hills and Dales neighborhood, where staff was able to take advantage of the sandy soils
and use it for storm water infiltration. The Western Hills neighborhood possesses a similar
opportunity for this type of design.
Street and Traffic Functions
Staff has heard a number of concerns from the neighborhood regarding speeding on
neighborhood streets. To follow up on this, staff conducted a spot speed study and a traffic
calming analysis of Jackson Street. On a preliminary level, staff has also looked at some
alignment adjustments and bump outs for residential streets. Based on the findings for Jackson
Street, staff is not pursuing structural traffic calming treatments along Jackson Street at this time
and will pursue them at a later date when the street is scheduled for reconstruction. However,
staff will present a concept to the neighborhood for providing bump-outs and intersection
realignments for neighborhood streets.
The neighborhood also voiced some con,cerns about having a sidewalk along Larpenteur
Avenue. Staff met with the Larpenteur Avenue residents regarding a proposed walk. A number
of residents supported the proposal, but had questions about the placement of the walk in front
of their houses. Staff will put together a more detailed design for the walk along Larpenteur
Avenue and present it to the residents for review. Residents of the neighborhood were not
supportive of sidewalks along the residential streets.
Wetlands and Low Areas
As part of the proposed project, staff will focus on directly enhancing two wetland areas. Staff
has been working with Capitol Regions Watershed District on a concept for enhancing these
two areas as described below.
On the northwest corner of Jackson Street and Larpenteur Avenue, there is a very deep low
area that has no outlet. The wetland within the low area is considered a Manage B, by the
City's ordinance. There are three outfall points into the low area from area storm sewers that
have severe erosion problems associated with them. As well, this area has become a dumping
ground for assorted trash and litter. Staff is looking at some enhancements and repairs at the
outfall points and analyzing the placement of a constructed, maintained ponding area within the
low point to treat storm water drainage currently discharging into the low area.
There is also a ponding area at the northwest corner of Adolphus Street and Larpenteur
Avenue. Several houses in this area flooded in 1997. Subsequently, the City acquired the land
and sold the land to a developer who built townhomes on the corrected site. Currently,
Champps parking lot and a large portion of Adolphus Street flow into this ponding area. Staff is
considering some enhancements to divert drainage from Adolphus Street and Champps parking
lot into a basin adjacent to the pond.
RECOMMENDATION
This item will be presented in more detail to the Environmental and Natural Resources
Commission during your December 8,2010, meeting to provide initial background information,
general project scope, and possible stormwater treatment improvements associated with the
project. No action on this item is required, but staff is hoping to seek preliminary comments and
feedback on the upcoming project. More detailed plans will be shared with the commission after
completion of the street project design.
Attachment: Site Location Map
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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
December 2, 2010, for the December 9 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
In October, the ENR Commission requested that the renewable energy ordinance be reviewed
by the Department of Natural Resources. The review is intended to ensure the proposed wind
turbine placement and designs are appropriate to lessen negative impacts to birds/bats, and to
ensure other possible environmental and natural resource impacts are being addressed through
the new regulations. Staff has requested that Melissa Doperalski, central region ecologist with
the Minnesota Department of Natural Resources, review the ordinance. Because of the
rescheduling of the ENR Commission meeting from December 20 to December 9, staff was
unable to obtain those comments prior to the writing of this memorandum. Ms. Doperalski has
indicated she will review and comment on the city's renewable energy ordinance prior to the
meeting.
Nick Carver, assistant building official, has also reviewed the latest draft of the ordinance. In
summary, Mr. Carver recommends the scope of the ordinance specify that the ordinance cover
on-site renewable energy system only (not systems designed to collect energy and distribute it
elsewhere); that the ordinance should not be a "supplement" to the building code (only a
supplement to the zoning code), and recommends definitions for wind and geothermal energy.
These changes are shown on the attached ordinance.
George Johnson, senior scientist with SEH, drafted the original version of the renewable energy
ordinance for the commission earlier this year. Staff forwarded the latest version to Mr. Johnson
for comment as well. Mr. Johnson has indicated that he will review and comment on the
ordinance prior to the meeting.
RECOMMENDATION
Review the draft renewable energy ordinance and discuss comments received by Ms.
Doperalski, Mr. Carver, and Mr. Johnson regarding the ordinance. Once the Environmental
Commission recommends approval of the renewable energy ordinance, the ordinance will go to
the Planning Commission for review and recommendation to the City Council. The City
Council's initial review is scheduled for March 2011 during a workshop setting.
Attachment: Draft Renewable Energy Ordinance
Attachment 1
ORDINANCE NO. XXX
DRAFT 6 (December 2,2010)
Changes made since October are underlined if added and stricken if deleted.
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 on-site 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 which are located on the site for which the
Qeneration of enerQY will be used. with excess enerQY distributed into the electrical Qrid.
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
renewable 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 these
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.
The renewable energy regulations are intended to supplement existing building codes, zoning
ordinances codes and land use practices and are created to realize the possibility of future
changes in world energy markets. These regulations are in place to balance the need to
improve energy sustainability through increased use of renewable energy systems with
concerns for preservation of public health and welfare, environmental quality, visual and
aesthetic values and existing neighborhood social and ecological stability. With these
regulations, Maplewood is concerned that renewable energy systems, particularly wind energy
systems, be designed to minimize the negative impacts on bird and bat species which are
vulnerable to mortality from these energy gathering machines.
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:
Building Official. Building Official is any person designated by the city manager to
administer and enforce the city's building code.
Commercial WECS. A WECS of equal to or greater than 100 kW in total nameplate
generating capacity.
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 any part of a yard located between a structure and a street
right-of-way line. A corner lot shall have a front yard on each street frontage.
Non-Commercial WECS. A WECS of less than 1 OOkW in total name plate generating
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.
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.
Rotor Diameter. The diameter of the circle described by the moving rotor blades.
Side Yard. A side yard is any yard between any part of a structure and the side property
line.
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.
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.
2
Wind Enerqy, Kinetic enerQY present in wind motion that can be converted into electrical
enerQY.
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 must maybe be
used on-site with excess enerQY Gf distributed into the electrical grid.
Wind Energy System. An electrical generating facility that consists of a wind turbine
associated controls and may include a tower.
Wind Turbine. A wind turbine is any piece of electrical generating equipment that
converts the kinetic energy of blowing wind into electrical energy through the use of
airfoils or similar devices to capture the wind.
Zoning Official. Zoning official is any person designated by the city manager to
administer and enforce the city's zoning 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 Multiple Dwelling
Residential Townhouse).
(3) In all properties approved as a planned unit development.
(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. Non-Commercial WECS Districts.
Ground and Roof Mounted Non-Commercial WCES shall be deemed an
accessory structure, permissible in all zoning districts.
3
c. Placement and Design
1. Freestanding WECS.
(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 five
(125) feet.
(2) 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
(1) Be located entirely in the rear or side yard (not including side
yards on corner properties where the side yard is adjacent a
street).
(2) Have a minimum setback distance of one and one-half (1 Yz) 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
Designations 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) Non-Commercial WECS. One (1) residential WECS shall be
allowed on any single, double, or multiple dwelling residential lot.
(d) Design
(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 features used for tower
access to extend within eight (8) feet of the ground. Lattice-style
towers shall have a protective barrier to prevent unauthorized
access to the lower eight (8) feet of the tower.
(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
4
prohibiting trespassing, warning of high voltage, and providing the
emergency contact information for the operator.
2. Roof-Mounted WECS.
a. Height
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. Placement
Be erected on the roof of a building or structure.
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) Non-Commercial Roof-Mounted WECS. No more than three (3)
roof-mounted Non-Commercial WECS shall be installed on any
rooftop located in a single, double, or multiple dwelling residential
lot.
d. General Standards
The following provisions will apply to all WECS erected under the provisions of this
ordinance:
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 which is shown to protect birds and
bats 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 regulations.
5. Intent to Install: Prior to the installation or erection of a WECS, the operator must
provide evidence showing their regular electrical service provider has been
informed of the customer's intent to install an interconnected, customer-owned
generator. Off-grid systems shall be exempt from this requirement.
5
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.
8. Commercial Installations: All WECS shall be limited to the purpose of on-site
energy production, except that any additional energy produced above the total
on-site demand may be sold to the operator's regular electrical service provider
in accordance with any agreement provided by the same or applicable
legislation.
9. 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.
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.
13. Environmental Standards: The applicant of a Commercial WECS shall provide
the following information in the application to minimize impacts on the
environment:
(a) Natural heritage concerns within the project.
(b) Lands guided as park or open space in the city's Land Use Designation of
the Comprehensive Plan that are located within one (1) mile of the
project.
(c) Conservation easements and other officially protected natural areas
within a quarter mile of the project.
(d) Shoreland, Mississippi Critical Area, wetland buffers, wildlife corridors and
habitat complexes.
(e) All significant trees impacted by the project.
e. Abandonment
A WECS that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
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specified by the city after notification to the owner or operator of the WECS, shall be
presumed abandoned and may be declared a public nuisance subject to removal at the
expense of the operator.
Section 4. Solar Energy Sources and Systems
a. Definitions, Solar Energy Sources and Systems
The following words, terms and phrases, when used in this Section, shall have the
meaning provided herein, except where the context clearly indicates otherwise:
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.
Building Official. Building Official is any person designated by the city manager to
administer and enforce the city's building code.
Ground-Mounied 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 SES. Solar energy system (panels) that are mounted to the roof of a
structure using brackets, stands or other apparatus.
Roof Pitch. The final exterior slope of a building roof calculated by the rise over the run,
typically, but not exclusively, expressed in twelfths such as 3/12,9/12,12/12.
Solar Access. A view of the sun, from any point on the collector surface that is not
obscured by any vegetation, building, or object located on parcels of land other than the
parcel upon which the solar collector is located, between the hours of 9:00 AM and 3:00
PM Standard time on any day of the year.
Solar Collector. A device, structure or a part of a device or structure for which the
primary purpose is to transform solar radiant energy into thermal, mechanical, chemical,
or electrical energy.
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
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heating. The enerQY must be used on-site with excess enerQY distributed into the
electrical Qrid.
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.
Zoning Official. Zoning official is any person designated by the city manager to
administer and enforce the city's zoning code.
b. Districts
Active solar energy systems (SES) shall be allowed as an accessory use in all zoning
districts.
c. 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. Placement
(a) Ground-mounted SES must meet the accessory structure setback for the
zoning district in which it is installed.
(b) Roof-mounted SES. The collector surface and mounting devices for roof-
mounted SES 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.
3. Coverage
Ground,mounted SES 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.
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(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.
d. General Standards
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
SES. 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' 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 renewable energy ordinance.
5. Maplewood encourages solar access to be protected in all new subdivisions and
allows for existing solar to be protected consistent with Minnesota Statutes. Any
solar easements filed, must be consistent with Minnesota Statutes, Chapter 500,
Section 30.
e. Abandonment
A SES that is allowed to remain in a nonfunctional or inoperative state for a period of
twelve (12) consecutive months, and which is not brought in operation within the time
specified by 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:
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Closed Loop Ground Source Heat Pump System. A system that circulates a heat
transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the
land surface or anchored to the bottom in a body of water.
Geothermal EnerQY. Renewable enerQY Qenerated from the interior of the earth and
used to produce enerQY for heatinQ buildinQs or servinq buildinq commercial or industrial
processes.
Ground Source Heat Pump System (GSHPS). A system that uses the relatively
constant temperature of the earth or a body of water to provide heating in the winter and
cooling in the summer. System components include closed loops of pipe, coils or plates;
a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use
or disperses heat for cooling; and an air distribution system. The enerQY must be used
on-site with excess enerQY distributed into the electrical Qrid.
Heat Transfer Fluid. A non-toxic and food grade fluid such as potable water, aqueous
solutions of propylene glycol not to exceed twenty percent (20%) by weight or aqueous
solutions of potassium acetate not to exceed twenty percent (20%) by weight.
Stormwater Pond. These are ponds created for stormwater treatment. A stormwater
pond shall not include wetlands created to mitigate the loss of other wetlands.
b. Districts
Ground source heat pump systems (GSHPS) shall be deemed an accessory structure,
permissible in all zoning districts.
c. Placement and Design
1. Placement
(a) All components of GSHPS including pumps, borings and loops shall be
set back at least five (5) feet from interior and rear lot lines.
(b) Easements. All components of GSHPS shall not encroach on
easements.
(c) GSHPS are 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 zoning ordinance.
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d. General Standards
1. Noise. GSHPS shall comply with Minnesota Pollution Control Agency standards
outlined in Minnesota Rules Chapter 7030.
e. Abandonment
If the GSHPS remains nonfunctional or inoperative for a continuous period of twelve (12)
consecutive months, 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.
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.
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