(A) General provisions.
(1) Pre-application meeting required. A pre-application meeting with county land management staff is required prior to application for a land development permit that requires a public hearing. The following items shall be reviewed and approved prior to the submittal of an application for a large energy production system:
(a) Existing conditions site plan;
(b) Proposed conditions site plan;
(c) Site plan showing the proposed operational area, access road(s), any accessory uses, and their dimensions in relation to the agricultural production land and/or environmentally sensitive land, as defined by this chapter, on the subject parcel;
(d) Written approval for road access from the applicable road authority (township, county, state, etc.);
(e) Proposed grading plan;
(f) Location for all permanent and temporary stormwater control measures, when
applicable;
(g) Wetland delineation report, if required;
(h) Preliminary vegetation and seeding plan for all perennial vegetation; and
(i) Preliminary decommissioning plan.
(2) No energy production system requiring a CUP is permitted on land enrolled in the Metropolitan Agricultural Preserve Program (M.S. Chapter 473H).
(3) The conversion of existing wooded areas for the placement of an energy production system is prohibited.
(4) No more than 75% of the operational area for any large energy production system shall be existing agricultural production land and/or environmentally sensitive areas. This standard applies to the operational area, all access roads, and any accessory uses/structures.
(5) Operational area(s) of any large energy production system, including fencing, the base of a WECS, solar arrays, and any accessory uses shall be located a minimum of one mile from the operational area(s) of any other permitted large energy production system or wireless communication tower in the county.
(6) All energy production systems and accessory equipment shall be in compliance with any applicable local, state and federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; and the Minnesota State Electric Code, as amended.
(7) All energy production systems and accessory equipment shall be in compliance with Carver County Water Management Organization, Chapter 153.
(8) Application. An application to the county for a conditional use permit under this section is not complete unless it contains the following:
(a) Site plan of existing conditions;
(b) Site plan of proposed conditions;
(c) 1. Site plan showing the proposed operational area, access road(s), any accessory uses, and their dimensions, in relation to the agricultural production land and/or environmentally sensitive land, as defined by this chapter, on the subject parcel.
2. Site plan shall include area calculations for agricultural production land and/or environmentally sensitive land, shown as a percentage of the overall project area.
(d) Manufacturer’s specifications and recommended installation methods for all major equipment;
(e) A description of the method of connecting the array to a building or substation;
(f) A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary; and
(g) A decommissioning plan to ensure that facilities are properly removed after their useful life. Decommissioning of an energy production system must occur within 180 days in the event the system is not in use for 12 consecutive months. All items associated with the discontinued use shall be defined as solid waste, in accordance with Chapter 50 of the Carver County Code of Ordinances. The decommissioning plan shall include a bond, letter of credit, or the establishment of an escrow account in the name of the landowner, to ensure proper decommissioning. Any cost incurred by the county for the decommissioning of a discontinued system, as a result of an inadequate financial surety, shall be assessed back to the landowner under M.S. § 375.18, subd. 14, as amended. The plan shall consist of the following:
1. The removal of all structures and foundations.
2. The removal of all power poles, cables/wiring and electrical devices associated with the project.
3. The removal of all access roads and parking areas.
4. The disposal of all power poles, cable/wiring, electrical devices, structures and/or foundations shall meet the provisions of the Carver County Solid Waste Ordinance or successor ordinance.
5. The permanent restoration of the site including the following:
i. Site cleanup followed by general surface grading and, if necessary, restoration or surface drainage swales, ditches, and tile drains (if present).
ii. Any excavation and/or trenching caused by the removal of building or equipment foundations, rack supports, and underground electrical cables will be backfilled with the appropriate material and leveled to match the ground surface.
iii. The roads and parking areas will be removed completely, filled with suitable sub-grade material, and leveled.
6. Further restoration of soil and vegetation of the site as necessary to minimize erosion.
(B) Wind energy conversion system (WECS).
(1) General provisions.
(a) Setbacks. All WECS and accessory structures shall meet the setback requirements for the zoning district in which the project is located and be setback at least 1.1 times the total height of the wind turbine from neighboring property lines and right-of-way.
(b) Color and finish. All towers shall be white, grey or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matte or non-reflective.
(c) Lighting. Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration permits and regulations. Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds. Red pulsating incandescent lights should be avoided.
(d) Noise. All WECS shall comply with Minn. Rules Chapter 7030, as amended, governing noise.
(e) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground.
(f) Unauthorized climbing. The WECS shall be guarded against unauthorized climbing. The first 12 feet of the tower shall be unclimbable by design or enclosed by a six foot high, unclimbable fence with a secured access.
(g) Application. An application to the county for a conditional use permit under this section is not complete unless it contains the following:
1. The number of wind turbines to be installed.
2. FAA permit application.
3. A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within ten rotor diameters of the proposed WECS.
4. Location of all known communications towers within two miles of the proposed WECS.
5. Description of potential impacts on nearby WECS and wind resources on adjacent properties.
6. Engineering certification. For all large WECS, the manufacture’s engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions.
(2) Activities.
(a) Small WECS.
1. Permitted use. Small WECS shall be permitted in all districts with the issuance of a building permit.
2. Height. The maximum height for small WECS is 100 feet above ground level (AGL), including appurtenances. The height of a tower shall be measured from the base of the structure to the furthest tip of the rotor blade.
3. Setbacks. Small WECS shall be located at least the height of the structure plus ten feet from any lot line.
4. Capacity. Total name plate generating capacity must be less than 40 kW.
(b) Large WECS.
1. Conditional use. Large WECS shall be no more than one megawatt (MW) in total name plate generating capacity and shall be permitted with the issuance of a CUP pursuant to § 152.052.
2. Height regulations. For a structure of 200 feet or more in height, the procedures of Minn. Rules Parts 8800.0100 through 8800.1200, as they may be amended from time to time, shall be observed.
3. Separation distance. For WECS the separation distance from on-site dwellings shall be 1.1 times the total height of the wind turbine and 750 feet from dwellings on adjacent properties.
(C) Solar energy system (SES).
(1) General provisions.
(a) Setbacks. SES shall meet the structure setback requirements.
(b) Approved solar components. Electric solar system components shall have an Underwriters Laboratory (UL) listing.
(c) Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the Department that the owner has notified the utility company of the customer’s intent to install an interconnected customer owned generator. Off-grid systems are exempt from this requirement.
(d) Application. An application to the county for a conditional use permit under this section is not complete unless it contains the following additional information:
1. The number of panels to be installed;
2. A landscaping/screening plan, including a narrative describing the overarching landscape architecture elements and how the design and placement of plant types and materials will complement the form and function of the developed site and blend into the surrounding environment, shall be prepared by a licensed landscape architect for submittal with the application. Applicants may also be asked to submit renderings of the landscape plan at year one, year three and year five.
(2) Activities.
(a) Small SES.
1. Permitted use. Small SES shall be permitted on parcels with an existing single- family home.
2. Height. Building- or roof-mounted SES shall not exceed 35 feet. Ground- or pole- mounted SES shall not exceed 20 feet in height when orientated at maximum tilt.
3. Maximum coverage.
a. For detached garages or accessory structures. In addition to meeting all regulations required by the most current MN State Building Code and Chapter 150 of this code, roof- or building-mounted solar systems, excluding building-integrated systems, shall not cover more than 80% of the south-facing or flat roof upon which the panels are mounted.
b. For attached garages or residential structures. Shall meet all requirements of the most current MN State Building Code and Chapter 150 of this code.
(b) Large SES.
1. Conditional use. Large SES shall be no more than one megawatt (MW) alternating current (AC) rated capacity and shall be permitted with the issuance of a CUP pursuant to § 152.052.
2. Standards.
i. Foundations. The manufacturer’s engineer or another qualified engineer shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
ii. Power and communication lines. Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exceptions may be granted by the Department in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.
iii. Foundation posts shall be installed using noise mitigating equipment such as a vibrating post driver or any other noise reduction method as may be stipulated by the CUP.
iv. Operational areas(s), including fencing and solar array, shall be located a minimum of 50 feet from adjacent property lines and/or public rights-of-way and 500 feet from neighboring residences not on the same parcel of property existing at the time of application for the permit.
v. Vegetation maintenance required. All approved large SES shall be required to complete maintenance of all screening and vegetative cover no less than four times per calendar year for the duration of the permit. Written documentation of completed maintenance shall be provided to the county on a quarterly basis.
vi. Screening. Screening consisting of a berm (2:1 maximum slope with supplemental plant materials including trees, shrubs, and groundcovers) and/or a continuous evergreen vegetative buffer shall be provided and maintained at all times around the perimeter of the fencing that faces: (1) public road right-of-way within 500 feet of the operational area; (2) an existing residence or farmstead within 750 feet of the operational area not on the subject parcel; or (3) residentially zoned or platted property within 750 feet of the operational area. When required, these distances shall be reviewed and possibly amended by the Planning Commission or County Board of Commissioners.
vii. Financial surety shall be provided to insure the establishment and maintenance of any required screening pursuant to the Carver County Fee Schedule. Financial surety shall be held for at least two consecutive growing seasons or until such time where staff has deemed the screening vegetation to be established.
viii. Beneficial habitat. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standards consistent with M.S. § 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned.
ix. Annual inspection required.
(D) Biomass.
(1) General provisions. All components of biomass systems shall meet the structure setback requirements.
(2) Permitted use. Biomass systems shall be permitted on parcels with an existing single-family home or permitted farming operation, provided installation is solely used by/for home/farmstead.
(3) Biomass systems not used in conjunction with and exclusively for an existing single-family home or farming operation are prohibited.
(Ord. 70-2010, passed 1-25-11; Am. Ord. 80-2015, passed 6-16-15; Am. Ord. 84-2017, passed 7-11-17; Am. Ord. 97-2021, passed 7-20-21) Penalty, see § 152.999