HomeMy WebLinkAbout2016.01.04 ORD 2016-475 Solar Energy SOLAR ENERGY SYSTEMS ORDINANCE 2016-475
CITY OF HUGO
WASHINGTON COUNTY, MN
ORDINANCE RELATING TO AND REGULATING
ACCESSORY SOLAR ENERGY SYSTEMS AND SOLAR FARMS
TITLE:
An ordinance adding and amending Chapter 90, Article I, Sec. 90-1. —Definitions, Chapter 90, Article
IV - Zoning District Regulations, and Chapter 90, Article VI- Requirements for Specific Uses and
Performance Standards.
SOLAR ENERGY SYSTEMS ORDINANCE:
Chapter 90, Article I, Sec. 90-1.—Definitions
Add the following:
Accessory Solar Energy Systems means a solar energy system that is composed of a single or multiple
solar panels where the system is deemed accessory to the primary land use. An accessory solar energy
system is intended to primarily reduce on-site consumption of utility power for an active existing
use/structure. Excess electrical power generated and not presently needed for on-site use may be
provided to the utility company.
Ground Mounted Solar Energy System means a solar energy system that is structurally mounted to the
ground, generally upon a pole or rack mount. A ground mounted system may be a fixed or tracking
system.
Roof Mounted Solar Energy System means a solar energy system that is structurally mounted to the roof
of a structure. These systems are generally affixed with a racking system and may be flush or angled.
Solar Access means unobstructed access to the solar resource on a lot or building, including access
across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy
system.
Solar Array means a group of solar panels wired together.
Solar Energy Easement means an easement that limits the height or location, or both, of permissible
development on the burdened land in terms of a structure or vegetation, or both, for the purpose of
providing access for the benefited land to wind or sunlight passing over the burdened land.
Solar Energy System means a system whose primary purpose is to harvest energy by transforming solar
energy into another form of energy or transferring heat from a collector to another medium using
mechanical, electrical, or chemical means.
Solar Farm means a solar energy system that is composed of multiple solar panels where the primary
land use, whether by footprint or visual impact or both, of the parcel is for a solar array. A solar farm
produces energy for wholesale to subscribers.
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Solar Hot Water System means a system that heats or preheats water for building heating systems or
other hot water needs, including residential domestic hot water and hot water for commercial processes.
Solar Panel means a panel designed to absorb the sun's rays as a source of energy for generating
electricity or heating.
Solar Resource means a view of the sun from a specific point on a lot or building that is not obscured by
any vegetation, building, or object for a minimum of four hours between the hours of 9:00 AM and 3:00
PM Standard time on any day of the year.
Chapter 90,Article IV—Zoning District Regulations
Add from Sec. 90-93. —Long term agricultural district (LA) through Sec. 90-110—Future central
business district (FCB) (d) Conditional uses/ Interim uses. and (d)(#) Solar energy systems (refer to
section 90-278).
Chapter 90,Article VI —Requirements for Specific Uses and Performance Standards
Add Sec. 90—278.—Solar energy systems.
(a) Unlawful unless conditions met. It is unlawful for any person to construct, erect, install, or
maintain a solar energy system in the city, except in conformance with this section.
(b) Purpose and intent. The purpose of this section is to allow for the generation of renewable energy
within the City of Hugo. Promoting the safe, effective, and efficient use of solar energy, may reduce
the onsite consumption of fossil fuels and utility-supplied electric energy while avoiding adverse
impacts on the community at large.
(c) General standards for all solar energy systems. Solar energy systems must conform to all of the
following standards:
(1) A building permit shall be required for the erection of solar energy system. Prior to the
issuance of a building permit, the operator must provide evidence of an agreement with the
local utility. Off-grid systems shall be exempt from providing evidence of an agreement with
the local utility.
(2) It shall be the responsibility of the property owner to secure any solar energy easements, if
applicable, to protect solar access for the system (as per MN Statute Section 500.30).
(3) Solar energy system components shall be labeled with the manufacturers name and address,
model number, and serial number.
(4) All exterior electrical or other service lines shall be buried underground. The collection
system may be placed overhead near substations or points of interconnection to the electrical
grid. Exceptions may be granted in instances where shallow bedrock, water courses, or other
elements of the natural landscape interfere with the ability to bury lines.
(5) All solar energy systems shall be in compliance with the adopted City and State building
code, electrical code, and plumbing code, as amended and receive any necessary permits or
approvals from any regulatory agency having jurisdiction.
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(d) Solar farms.
(1) Solar farm interim use permits. An interim use permit application must be submitted for
approval by the Planning Commission and City Council before a permit is issued for a solar
farm. The information required and the procedure to be followed for all solar farm interim
use permit applications shall be the same as that required for a conditional use permit set
forth in subsections 90-37(a) and (b). In addition, the applicant shall submit supplementary
information pertaining to the nature of the solar farm including:
a. Total square footage of the solar energy system.
b. Total energy production for the site.
c. To scale horizontal and vertical (elevation) drawings.
d. Drawings must show the location of the system on the property including the property
lines and proposed fencing or vegetative buffer.
e. Decommissioning plan.
(2) Performance standards for solar farms. Solar farms shall be erected and maintained to
meet the following standards.
a. Solar farms shall be located on a minimum lot size of 10 acres within the Long Term
Agricultural (LA), Agricultural (AG), Rural Residential (RR), and Future Urban
Service (FUS) zoning districts. Solar farms may also be located in any other zoning
district only in the floodplain, as long as all other conditions are met.
b. Solar farms shall be 50 feet from all property lines and public road rights-of-way.
c. Ground mounted solar energy systems shall not exceed 15 feet in height at any point
when oriented at maximum tilt.
d. Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative
buffer for screening. Exception may be granted if the natural landscape provides
screening from all public right of ways and neighboring properties.
e. The owner/operator of the solar farm shall provide the City with evidence that the
solar energy system is functioning properly. This shall be provided at any time
deemed necessary by the City.
f. The owner/operator shall submit a decommissioning plan for the solar farm to ensure
that the owner/operator properly removes the equipment and facilities upon the end of
the project life, abandonment, expiration, or termination of the interim use permit. If
the solar energy system remains nonfunctional or inoperative for a continuous period
of 12 months, the system shall be deemed abandoned and shall constitute a public
nuisance. The owner shall remove the abandoned system at their expense after a
demolition permit has been obtained within 90 days after notice has been given.
Removal includes the entire structure including transmission equipment, structures
and foundations, and the restoration of soil and vegetation. The owner/operator shall
provide a current-day decommissioning cost estimate, and shall post financial
security in a form acceptable by the City. This estimate must include an inflationary
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escalator, in an amount determined by the City, which will allow the City to remove
the solar farm from the property after the 90-day period has elapsed.
(3) Criteria of approval of a solar farm. An application for a solar farm interim use permit may
be granted only upon finding that all of the following criteria have been met:
a. The applicant owns the property or has secured a proper lease agreement on the
property, unless the City Council determines that unique conditions or circumstances
warrant special arrangement.
b. The proposed solar farm is allowed as a principle use in the respective zoning district
and conforms to this chapter.
c. The proposed solar farm is keeping with the spirit and intent of this chapter.
d. The construction of a solar farm shall not impede the City's ability to implement its
comprehensive plan.
e. The proposed solar farm is compatible with the present character of the surrounding
area.
f. The proposed solar farm shall have a set date in which the permit shall be reviewed
or terminated.
g. The proposed solar farm shall be subject to any conditions that the City Council
deems appropriate for the permission of the use.
(4) Conditions of approval. In permitting a new solar farm interim use permit or amending an
existing solar farm interim use permit, the Planning Commission may recommend and the
City Council may impose additional conditions and requirements to protect the health, safety,
and welfare of the surrounding area and the community at large, mitigate unfavorable
consequences of activities resulting from the solar farm, enforce laws and regulations, and
ensure compliance with the conditions of the permit. These conditions may include, but are
not limited to, the following:
a. Limitations on period of use and operation.
b. Buffering and screening measures.
c. Approval periods between one to twenty-five years.
(5) Renewal of a solar farm interim use permit. Because of its temporary nature, an interim
use permit for a solar farm shall not be renewed. Continuation of a solar farm beyond the
date of expiration of its interim use permit requires approval of a new interim use permit.
(6) Interim use permit nontransferable. Solar farm interim use permits do not run with the
land. The permit is not transferable from person-to-person, and shall expire if there is a
change in ownership of the property, unless the following conditions are met:
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a. The new permit holder must own the property or have a written lease agreement with
the property owner stating the land will continue to be used for the production of
energy via a solar farm.
b. The new permit holder shall abide by all requirements of the original permit,
including, but not limited to, posting financial security to the City for
decommissioning, as outlined in subsection 2 (f).
c. The transfer of the permit must be approved by the city and filed accordingly.
(7) Basis for denial. In order to recommend denial of an interim use permit, the Planning
Commission must find that the proposed use will not meet one or more of the conditions found
in subsection (3) of this section.
(8) Suspension and revocation.
a. The City Council may suspend or revoke an interim use permit upon failure of the
interim use,or the interim use permit holder,owner,operator,tenant,or user,to comply
with City Codes, the laws of the State of Minnesota, the approved plans, or the
conditions of approval, or by which that activities allowed under the permit adversely
affect the public health, safety, or welfare.
b. A suspension or revocation of an interim use permit shall be preceded by written notice
to the permit holder and a hearing before the city council. The notice shall provide at
least ten days' notice of the time and place of the hearing and shall state the nature of
the violations.The notice shall be mailed to the permit holder at the most recent address
listed on the application.
(9) Expiration and termination. An interim use permit shall expire and the interim use permit
shall terminate at the earlier of:
a. The expiration date established by the City Council at the time of approval, but in no
case more than 25 years from the date of approval.
b. Occurrence of any event identified in the interim use permit for the termination of the
use.
c. Upon an amendment to the City Code that no longer allows the interim use.
(10) Issuance of permit. The Community Development Director or designee shall, within ten
days of City Council approval of any interim use permit, provide one copy of the
completed permit to the applicant, the City Clerk, and for permits issued in the floodplain
district or shoreland district, to the Commissioner of the Department of Natural Resources.
(e) Accessory Solar Energy Systems
(1) Accessory solar energy systems building permit. A building permit application must be
submitted and approved by the Building Official before an accessory solar energy system is
installed. The information required and the procedure to be followed for all accessory solar
energy system applications shall be the same as that required for a building permit. In
addition, the applicant shall submit supplementary information pertaining to the nature of the
accessory solar energy system including:
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a. Total square footage of the solar energy system.
b. Total energy production for the site.
c. To scale horizontal and vertical (elevation) drawings.
d. Drawings must show the location of the system on the building or on the property
including the property lines and proposed screening, if required.
(2) Accessory commercial or industrial solar energy systems building permit. All
commercial or industrial solar energy systems will require submittal for approval by the
Community Development Director or designee before a permit is issued for any accessory
solar energy system. This submittal process will require the same application and
supplementary information required in e (1). Denial of a building permit request may be
appealed to the Planning Commission by following the procedures outlined in 90-37.1.
(3) Performance standards for accessory solar energy systems. Accessory solar energy
systems shall be erected and maintained to meet the following standards.
a. Setbacks for accessory solar energy systems are as follows:
1. Ground or pole mounted solar energy system panels shall conform to all
setback requirements for accessory uses in the district in which they are located.
2. Roof mounted solar energy systems shall abide by all manufacturer
specifications and requirements.
b. Coverage requirements for accessory solar energy systems are as follows:
1. Ground mounted solar energy systems are considered accessory structures.
The size of the system (sq. ft.) will be calculated as part of the maximum
combined number and size of accessory structures allowed by lot size. The
number and size of accessory structures permitted are as follows:
Maximum number of Maximum combined size
Lot size accessory structures of accessory structures
allowed (square feet)
Under 1.5 acre 1 260
1.5 to 2.99 acres 2 1,500
3 to 4.99 acres 2 2,000
5 to 9.99 acres 2 3,500
10 or more acres 3 5,000
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2. Roof mounted systems are not accessory structures and are excluded from size
and number calculations for accessory structures.
3. A variance application may be submitted if the ground mounted solar energy
system exceeds the limits for maximum combined size of accessory structures,
but does not meet the definition of a solar farm.
c. Height requirements for accessory solar energy systems are as follows:
1. Ground or pole mounted solar energy systems shall not exceed 15 feet in height
when oriented at maximum tilt.
2. Roof mounted solar energy systems shall not project vertically more than the
height requirements of the district in which they are located.
d. Screening requirements for accessory solar energy systems are as follows:
1. Residential roof mounted solar energy systems are not required to be screened
by this ordinance.
2. Commercial or industrial roof mounted solar energy systems shall be installed
such that it is compatible with the building architecture. Architectural standards as
found in the commercial and industrial guidelines, a PUD, or other architectural
conditions shall apply.
e. Except in the agricultural and long-term agricultural zoning districts, no ground or
pole mounted solar energy system shall be located or protrude in front of the principle
building on the site, in relation to any public street.
f. Roof mounted solar energy systems shall not extend beyond the 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.
g. If the solar energy system remains nonfunctional or inoperative for a continuous
period of 12 months, the system shall be deemed abandoned and shall constitute a
public nuisance. The owner shall remove the abandoned system at their expense
within 90 days. Removal includes the entire structure including transmission
equipment, structures and foundations, and the restoration of soil and vegetation.
(4) Criteria for approval of an accessory commercial or industrial solar energy system. An
application for an accessory commercial or industrial solar energy system permit may be granted
only upon a finding that all the following criteria have been met:
a. The applicant owns the property or has a leasing contract with the owner of the
property.
b. The proposed solar energy system conforms to this chapter.
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d. The proposed solar energy system shall be subject to, by agreement with the property
owner or lease holder, any conditions that the City deems appropriate for permission
of the use.
Passed and adopted by the City Council of the City of Hugo thi 4th day of January, 2016.
Tom Weidt, Mayor
Attest:
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Michele Lindau, City Clerk