(A) Solar farms shall be a conditionally permitted use in R-A Zoning areas only. An application for a solar farm shall be filed on an application as approved by the City Planner. The application must include a current site plan for the entire solar farm. The site plan must include:
(1) A to-scale horizontal and vertical (elevation) drawings showing the location of the solar farm system on the property.
(2) Property lines and the names of the adjacent property owners and current use of those properties.
(3) Existing public and private roads showing widths of the roads and any associated easements.
(4) All design and standards requirements of this ordinance,
(5) Location, spacing and the numbers of solar panels proposed to be installed.
(6) Planned location and a description of the method of connecting the array to a building or substation, and a copy of the interconnection application and/or agreement.
(7) Location of access roads.
(8) A screening and vegetative cover plan.
(9) A decommissioning plan to ensure that facilities are properly removed after their useful life and as required under paragraph (R) below in this section.
(B) The application shall be reviewed by the City Planner to ensure it is complete. A complete application shall be submitted to the Planning Commission for a public hearing and its recommendation to the City Council. The Planning Commission shall review the application to ensure it meets the requirements and standards of this ordinance and whether additional conditions should be made as part of its recommendation to the City Council. The City Council may impose additional reasonable conditions on the applicant in granting the conditional use permit.
(C) Solar farms must meet the following requirements and standards and all other reasonable conditions as may be required by the City Council:
(1) Height. Systems, equipment, and structures shall be ground mounted and not exceed 20 feet in height.
(2) Setbacks. Solar farm structures must meet the following setbacks:
(a) Solar energy systems as part of a solar farm shall be at minimum 50 feet from the outside perimeter to all property lines of the Solar Farm and meet all public water body setbacks found in City Code. In the event of multiple parcels being utilized for the entire solar farm, the outermost property line shall be required to meet the setback.
(b) Public right of way and road setback of 50 feet from the right-of-way edge of all public roads and other public right of ways or 130 feet from a centerline of a developed/constructed road, whichever is greater.
(c) Housing unit setback of 150 feet from any existing residential dwelling, except setback may be reduced by 50% if the solar energy system array is fully screened from the setback point of measurement and a written agreement of the reduced setback from the owner(s) of the existing residential dwelling unit is recorded with the Otter Tail County Recorder, Otter Tail County, Minnesota.
(d) Setback distance is measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
(D) Distribution and Communication lines. Power and communication lines running between the banks of the solar panels may be placed above ground, provided the lines are placed no higher than top of the solar modules. Power and communication lines to electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the city in the following instances:
(1) Where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines.
(2) Unless otherwise determined non feasible by the city.
(E) Approved solar components. Electric solar system components must have a UL listing or equivalent.
(F) Compliance with Building Code. All active solar systems shall meet all requirements of the state's Building code and shall be inspected by a Building Inspector. A registered engineer shall certify that the foundation and design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.
(G) Compliance with Electric Code. All photovoltaic systems shall comply with the state's Electrical Code.
(H) Utility notification. No grid tied photovoltaic system shall be installed until evidence has been given to the Building Official that the owner has been approved by the utility company to install the system. Off-grid systems shall be exempt from this requirement.
(I) Abandonment. It is the responsibility of the parcel owner to remove all obsolete or unused systems within 12 months of cessation of operations. The solar fam may be granted an extension of no more than one year (total of two years from cessation), if a plan is submitted to the city building official demonstrating plans to return the site to operation. This plan must be submitted within one year of cessation. Reusable components are to be recycled whenever feasible and the Otter Tail County solid waste ordinance must be followed. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
(J) Security fence. A security fence may surround the perimeter of the solar farm and may be located up to the property line. The use of wildlife-friendly fencing standards that include clearance at the bottom is preferred. No use of barbed wire is allowed on perimeter fencing, unless agrivoltaics practices are incorporated and approved during permitting.
(K) Emergency services vehicles. Reasonable accessibility for emergency services vehicles shall be required; and
(L) Signage. No signage is allowed on the solar farm fencing, except for a sign not to exceed requirements, as defined in §§ 154.170 through 154.177 of this chapter, displaying the facility name, address and emergency contact information. Any safety related signage required by law is allowed and exempted from signage requirements.
(M) Screening and vegetated ground cover. The screening plan shall identify the type and extent of screening provided for the solar farm. Screening is required along lot lines bordering a different residential zoning district. Screening is required within 150 feet of an existing residential dwelling unless the setback is reduced as provided in this section at in division (B)(3). Screening is encouraged along public roadways, as deemed practical and not to disturb the function of the solar modules. Screening may consist of vegetation, non-transparent fencing or berming. Security fences placed within required screening areas must also be screened by vegetation or berming.
(N) Ground cover.
(1) The vegetative cover plan shall address the planting, establishment and maintenance of vegetated 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. Large-scale removal of mature trees on the site is discouraged. The city may set additional restrictions on tree clearing or require mitigation for cleared trees.
(2) Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned.
(3) The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the city equal to 125% of the costs to meet the beneficial habitat standard. The financial guarantee shall be maintained until the vegetation on the site is sufficiently established as determined by the city.
(O) Stormwater and NPDES. Solar farms are subject to the city stormwater management and erosion and sediment control provisions and NPDES permit requirements and best practices. For the purpose of this chapter, a solar collector surface is not considered impervious surface.
(P) Additional site plan requirements. The site plan for both existing and proposed conditions must show the location of all solar arrays, other structures, floodplains, wetlands and other protected natural resources, topography, electric equipment, interior and exterior fencing plans including fence locations, design, dimensions, and all other characteristics as may be requested by the city. The site plan should show all zoning districts and overlay districts.
(Q) Aviation protection. For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) for the Airport Traffic Control Tower cab and final approach paths, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
(R) Decommissioning plan. The required decommissioning plan should include the following items to be included in the permit application:
(1) The anticipated life of the project.
(2) The anticipated present value cost of decommissioning.
(3) An explanation of the calculation of the cost of decommissioning.
(4) Adequate assurances to cover the cost of decommissioning which may include financial security in the form of a surety bond, letter of credit, cash escrow held by a federally insured financial institution, or other adequate surety as determined appropriate by the city.
(5) A reserve factor to the cost projections to protect against changes in market values.
(6) A detailed decommissioning plan with a documented decommissioning costs and salvage value projections. This plan should be produced or reviewed by a licensed engineer.
(7) Require recycling of panels, as practical.
(8) Decommissioning plan should be reviewed every five years and updated, as necessary.
(S) The applicant shall follow all other applicable city ordinances pertaining to the use, such as but not limited to, lighting and noise ordinances.
(2002 Code, § 7.44) (Ord. 21, Seventh Series, effective 6-15-2015; Ord. 11, Eighth Series, effective - -2021) Penalty, see §
154.999