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Home My WebLink About2023.07.24 ORD 2023-528 Solar Energy Systems SOLAR ENERGY SYSTEMS ORDINANCE 2023-528 AN ORDINANCE AMENDING CHAPTER 90—ZONING AND LAND USE,ARTICLE VI— REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, SECTION 90- 278—SOLAR ENERGY SYSTEMS,AS IT RELATES TO SOLAR FARMS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90,Article VI, Section 90- 278, to revise the following sections of Chapter 90 ZONING AND LAND USE,Article VI REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Section 90-278 SOLAR ENERGY SYSTEMS, Subsection(d) SOLAR FARMS, subsubsections (2) PERFORMANCE STANDARDS FOR SOLAR FARMS, (4) CONDITIONS OF APPROVAL, and(9) EXPIRATION AND TERMINATION,to read as follows: (d) Solar farms. (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 100 feet from all property lines, 200 feet from all public road rights-of-way, and 200 feet from any principal structure on adjacent properties. c. Solar farms shall be limited to a size of 5 acres,measured by the exterior edges of the solar array. d. Ground mounted solar energy systems shall not exceed 15 feet in height at any point when oriented at maximum tilt. e. Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative buffer for screening. The primary form of buffer for screening shall be at least 6-foot tall vegetation. Exception may be granted if the natural landscape provides screening from all public right of ways and neighboring properties. f. All ground areas within the perimeter fencing of a solar farm that are not occupied by equipment or access paths shall be planted with deep rooted, native pollinator plantings. g. Solar farm applications shall include a vegetation establishment and management plan which shall be reviewed and approved by staff. Ordinance 2023-528 Amended Solar Energy Systems Ordinance h. 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. i. 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 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. (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. Additional setbacks. d. Approval periods between one to twenty-five years,beginning at the start of operation. (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 the start of operation. Solar farms shall be constructed and operational within one year of City Council 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. Ordinance 2023-528 Amended Solar Energy Systems Ordinance Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. Passed and adopted by the City Council of the City of s 24t'day of July, 2023. Tom Weidt, Mayor Attest: Michele Lindau, City Clerk SUMMARY ORDINANCE 2023-528 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. SUMMARY OF AMENDED SOLAR ENERGY SYSTEMS ORDINANCE: Chapter 90 ZONING AND LAND USE, Article VI REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS, Section 90-278 SOLAR ENERGY SYSTEMS, Subsection (d) SOLAR FARMS, subsubsections (2) PERFORMANCE STANDARDS FOR SOLAR FARMS, (4) CONDITIONS OF APPROVAL, and (9) EXPIRATION AND TERMINATION have been amended. The performance standards were amended to increase setbacks from property lines, public roads, and adjacent principal structures, restrict the size of solar farms to 5 acres, and require more prescriptive vegetation and landscaping along with a vegetation establishment and maintenance plan. Additional setbacks were listed as a potential condition of approval. The time period for an interim use permit shall begin at the start of a solar farm's operation. Please note this title and summary of this Ordinance clearly informs the public of the intent and effect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended ordinance is available at City Hall for review. Passed and adopted by the City Council of the City of Hugo this 24t' July, 2023. r 'Tom Weidt, Mayor Attest: Michele Lindau, City Clerk AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) )ss. COUNTY OF RAMSEY ) Carter Johnson,being first duly sworn,on oath states as follows: I. I am the publisher of the THE CITIZEN,or the publisher's designated agent. I have personal knowledge of the facts stated in this Affidavit,which is made pursuant of Minnesota Statutes §331A.07. CITY OF HUGO 2. The newspaper has complied with all of the requirements to constitute a O SUMMARY ORDINANCE ONLY A p q NOTICE:THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN qualified newspaper under Minnesota law, including those requirements ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. found in Minnesota Statutes §331A.02. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC IN- SPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS ' HOURS. 3. The dates of the month and the year and day of the week upon which the SUMMARY OF AMENDED SOLAR ENERGY SYSTEMS ORDINANCE: public notice attached was published in the newspaper are as follows: Chapter 90.ZONING AND LAND USE,Article VI REQUIREMENTS FOR SPECIFIC USES AND PERFORMANCE STANDARDS,Section 90-278 SO- LAR ENERGY SYSTEMS, Subsection(d)SOLAR FARMS,subsubsections Once a week,for one week,it was published on Thursday,the I Oth day (2F PAPP OVALN ERFORMACE and (9) EXPIRATION RAT ON ASTANDARDS FOR ND T FARMS,TERMIN (4)CONDITIONS been Of August,2023. amended.The performance standards were amended to increase setbacks from property lines, public roads, and adjacent principal structures, restrict + the size of solar farms to 5 acres,and require more prescriptive vegetation 4. The publisher's lowest classified rate paid by commercial users for and landscaping along with a vegetation establishment and maintenance comparable space,as determined pursuant to§331 A.06, is as follows: plan.Additional setbacks were listed as a potential condition of approval.The time p—riod for an interim u§e permit shall begin at the start of a solar farm's operation. a) Lowest classified rate paid by commercial users for Please note this title and summary of this Ordinance clearly informs the comparable space public of the intent and effect ofthe Ordinance and conforms to Minn.Stat.§ 412.191.This Ordinance shall be effective the date tharit is published. The amended ordinance is available at City Hall for review.. b)Maximum rate allowed by law for the above matter Passed and adopted by the City Council of the City of Hugo this 24th day of July,2023. s/s:Tom Weidt,Mayor c)Rate actually charged for the above matter $ 13.33/inch Attest:Michele Lindau,City Clerk Published one time in The Citizen on August 10,2023. 5. Mortgage Foreclosure Notices. Pursuant to Minnesota Statutes §580.033 relating to the publication of mortgage foreclosure notices: The newspaper's known office of issue is located in Ramsey County. The newspaper complies with the conditions described in §580.033,subd. 1, clause(1)or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located,a substantial portion of the newspaper's circulation is in the latter county. We are a qualified newspaper in the following counties:Anoka,Ramsey and Washington FURTHER YOUR AFFIANT SAITH NOT. BY: �02 TITLE: Carter Johnson,Publisher PRESS PUBLICATIONS 4779 Bloom Avenue White Bear Lake,MN 55110 Subscribed and sworn to before me on this 1 Oth day of August,2023. Notary Publ MYRNA L. PRESS !V1fi;:': Notary Public-Minnesota Misc:Affidavit-Citizen-1 Wk.docx :,„•' My Commisslon Expires Jan 31,2026 _ v�nntivv