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(A) Unless specifically exempted herein, all activities in this section shall be conducted only under a conditional use permit issued pursuant to this chapter. A conditional use permit is not needed under this section to maintain, reconstruct or relocate existing lines or facilities where the general line and confirmation thereof remains essentially the same unless the construction is within the traveled roadway. When the proposed activity is within the traveled roadway, a permit or other authorization shall be obtained from the responsible road authority. Emergency work otherwise requiring a filing or application shall be accomplished provided filing or application is made as soon thereafter as possible.
(B) A pre-application meeting with county land management staff is required prior to submitting an application for all activities in this section that requires a public hearing.
(C) Any application for a conditional use permit shall outline the siting process that was utilized to select the site and shall address the relationship of the site to the following factors:
(1) Site requirements for the facility;
(2) Use of prime agricultural land and environmentally sensitive areas;
(3) Traffic generation, road access;
(4) Adverse effects on the environment, especially those that cannot be mitigated and/or reversed;
(5) Potential for the pollution of air, groundwater, surface water;
(6) Agricultural preserve status of the land. Agricultural preserve land may be used for essential services only if no other alternatives exist, and then only after an eminent domain proceeding ordering the land removed from agricultural preserve. When ten or more acres of agricultural preserve land will be used, the procedure in the statute will be followed in making the determination. In cases where the Environmental Quality Board review provisions of the statute do not apply (the land is less than ten acres), the need shall be considered as part of the consideration of the conditional use permit or other approval process. Release from agricultural preserve will be accomplished by the filing of the appropriate court documents indicating that the use is in fact a public purpose and ordering termination of the preserve;
(7) Effects on existing and planned land uses in the area;
(8) Need for services and infrastructure;
(9) Any additional information specified under a particular provision in this section.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
(A) Public utility buildings and structures, structures such as substations or similar structures not customarily considered industrial in use, and radio and communication towers not considered “wireless communication facilities” are allowed in all zoning districts provided a conditional use permit is issued.
(B) This section shall be exempt from the minimum lot size requirements to permit a lot area less than the minimum required for the district in which the building or structure is located.
(C) In consideration of an application for a conditional use permit the Planning Commission shall consider:
(1) The operational plan and potential for future expansion;
(2) The landscape treatment options and requirements for screening where appropriate;
(3) The security and design standards to prevent trespassing; and
(4) The access and parking needs for the site.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
The following shall be considered public or quasi-public facilities requiring a conditional use permit:
(A) Municipal, township or county structures or uses of land except roads and their appurtenances and drainage systems established pursuant to M.S. Chapter 106, as it may be amended from time to time;
(B) Schools. Schools and related facilities provided they have the approval of the State Department of Education;
(C) Public parks provided the facilities are in compliance with the Carver County Comprehensive Plan;
(D) Waste management facilities. The following are considered waste management facilities or operations for this section: private- or government-owned or operated sites for: solid waste facility, transfer station, demolition land disposal facility, recycling facility, incinerator, public or private composting or tree or yard waste utilization site, application of biosolids or bioremediated materials, or similar materials are considered waste management facilities under this section. Operations that would be considered a contractor’s yard are exempt from this section and would need to be considered under the appropriate provisions. The following standards shall apply to activities under this provision:
(1) The facility/operation is in compliance with the county solid waste regulations, comprehensive plan, Groundwater and Surface Water Management Plans, the Solid Waste Master Plan and any other applicable ordinance or rule;
(2) The facility/operation shall be on a hard surfaced road (bituminous or concrete) unless written approval for the location on a gravel township road is given by the affected township;
(3) The site shall not be located within the Shoreland or Floodplain Districts;
(4) Any required environmental assessment documents have been developed and required review procedures have been completed;
(5) Any required county, state, or federal licenses have been issued;
(6) The facility/operation is in compliance with all applicable Minnesota Pollution Control Agency and U.S. Environmental Protection Agency rules and regulations;
(7) An operational plan shall be developed and the activity conducted in accordance with the operational plan;
(8) The permit shall be subject to compliance review;
(9) Special provisions for the land application of biosolids or bioremediated materials;
(10) Permits involving biosolids or bioremediated materials that are to be applied to agricultural land for agricultural purposes at agronomic rates are exempt from the prohibition on permit issuance on AG preserve land.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 97-2021, passed 7-20-21)
(A) The installation of new, realigned or extended transmission systems not intended for en-route consumption shall require a conditional use permit unless the proposed use is being permitted through another state or federal entity.
(B) The applicant for a permit shall conform to the following procedures:
(1) The applicant shall file with the Department maps and data as requested by the Department to indicate the proposed alignment with the conditions of easement, type of service proposed, depths and size of underground installations, pole heights, location and type and other data as requested.
(2) The applicant shall demonstrate public need for the service.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)
(A) Conditional use permit required. Towers and antennas less than 200 feet in height above ground level (AGL), including appurtenances, (as defined by Part 77 of Federal Aviation Regulations as revised) for wireless communications facilities are permitted upon the issuance of a conditional use permit pursuant to this section.
(B) General requirements.
(1) The structure/facility shall not be located on agricultural preserve land unless eminent domain action establishes a public purpose as required by the comprehensive plan.
(2) The structure/facility shall not be located within any transition area (as identified in the comprehensive plan) unless the affected municipality adopts a resolution in support of the location.
(3) In situations where there is an existing home or available building eligibility, the location of the structure/facility shall not deprive the subject property of a building site as defined in this chapter.
(4) The structure/facility shall be located on publicly held land and/or land within a Rural Service District, if the land is available, and the location is feasible, within the applicant’s search area.
(C) Requirements for conditional use permit application in addition to those required pursuant to other appropriate sections of this chapter or as otherwise requested by the Department.
(1) Documentation illustrating compliance or pending compliance with FAA and FCC authorization procedures.
(2) Documentation of the area to be served including a search area for the antenna location. A narrative describing a search area (with not less than a 1½-mile radius) for the request clearly explaining why the site was selected, any environmental review that was conducted including a summary of relevant conclusions, and what existing structures were available and why they are not suitable as locations or co- locations.
(3) Documentation that the communications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within the search area due to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified professional engineer, and the existing or approved tower cannot be reinforced or modified to accommodate planned equipment at a reasonable cost;
(b) The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional radio frequency (RF) engineer, and the interference cannot be prevented at a reasonable cost;
(c) No existing or approved towers or commercial/industrial buildings within a 1½-mile radius meet the radio frequency (RF) design criteria;
(d) Existing or approved towers and commercial/industrial buildings within a 1½-mile radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified professional radio frequency (RF) engineer;
(e) The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures within a 1½-mile radius was made, but an agreement could not be reached.
(4) An agreement stating that the site will be designed for not less than three tenants with applicant and property owner commitment to co-location, whereby, any prohibition of compatible additional tenants on a tower will be considered a violation of the permit. The agreement shall also include a statement that an unused or obsolete tower shall be removed, within six months of cessation of use, by the property owner and/or applicant. The agreement shall be signed by the applicant and the property owner and shall be attached to and become a part of the permit.
(5) An escrow account, based on the county fee schedule, shall be established from applicants for requests including, but not limited to, locations within 1½ miles of an adjacent jurisdiction or existing structure which is over 100 feet in height. The applicant shall be required to increase the escrow if the county’s cost exceeds the initial required amount. The escrow shall be established to reimburse the county for technical services typically provided by a qualified communications engineer, selected by the county, to verify compliance with the co-location and documentation requirements stated above.
(D) Standards for the issuance and continuation of a conditional use permit.
(1) An agreement providing for co-location and prompt removal of unused and/or obsolete towers shall be attached and become part of the permit.
(2) The tower and all associated structures (wireless communication facility), excluding guy wires and anchors, must have a 50-foot minimum setback from all property lines. Towers shall not be located closer than the tower height plus 10 feet from any structure, located on adjacent properties, existing at the time of application.
(3) Tower and antenna plans shall be signed by a qualified and licensed professional engineer and constructed to conform to the approved plans, the latest structural standards of the Uniform Building Code, provisions of the Electronic Industries Association and all other applicable reviewing agencies.
(4) Permittee must obtain FAA approval and/or provide documentation that FAA approval is not needed.
(5) Permittee must obtain FCC licensure and approval as required for various communications applications. Permittee shall follow FCC regulations regarding the correction and/or prevention of any radio frequency interference problems.
(6) All towers shall be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to 12 feet above ground level) shall be designed in a manner to preclude unauthorized climbing and shall be enclosed with a minimum of a 6-foot high fence or barrier with a locked gate.
(7) Wireless communications facilities shall utilize building materials, colors, textures, screening and landscaping that effectively blend within the surrounding environment to the greatest extent possible.
(8) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities.
(9) Wireless communications facilities shall not be illuminated by artificial means, except for camouflage purposes (such as, designed as a lighted tower, for a parking lot, or a ball field), security purposes or when illumination is specifically required by the Federal Aviation Administration or other authority.
(10) No part of any antenna or tower, nor any lines, cable, equipment, wires, or braces shall at any time extend across or over any part of the right-of-way, public street, highway, or sidewalk, without approval by the county through the building permit approval process.
(11) Permittee must submit proof of liability and worker’s compensation insurance. All communication towers, their antennas, and associated equipment shall be adequately insured for injury or property damage caused by structural failure of the tower or associated equipment.
(12) The permit will be subject to administrative review.
(13) Towers and antennas existing or approved as of September 9, 1997. Structures allowed under a previous ordinance or conditional use permit may continue to be used as they were built provided they are in compliance with the conditions of the permit.
(E) Location or co-location of antennas and associated equipment. Location or co-location of antennas and associated equipment on any existing structure is permitted upon the issuance of a building permit (if required) provided the placement of the antennas and appurtenances are in compliance with any federal, state and county regulations.
(Ord. 47, passed 7-23-02; Am. Ord. 58-2007, passed 3-27-07; Am. Ord. 97-2021, passed 7-20-21)
(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
“A” AGRICULTURE DISTRICT REGULATIONS
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