(A) Community solar farm. Community solar farms shall be subject to the requirements set for conditional use permits as established in § 154.067 and the following additional performance standards:
(1) Foundations. A professional licensed engineer in the state of Minnesota shall certify that the foundation and design of the solar panels is within accepted professional standards, given local soil and climate conditions.
(2) Vegetation requirements and management. The following provisions shall be met related to the clearing of existing vegetation and establishment of vegetated ground cover. Additional requirements may apply as required by the City Council.
(a) Large-scale removal of mature trees on the site is discouraged. Restrictions on tree clearing or mitigation for cleared trees may be required by the City Council.
(b) The project site design shall include the installation and establishment of vegetative ground cover.
1. The ground cover should provide pollinator habitat or meet the beneficial habitat standards consistent with M.S. § 216B.1642, as may be amended from time to time, as set by the Minnesota Board of Water and Soil Resources.
2. Accessory uses of ground cover, such as beneficial crop growth, or feeding fields for sheep and goats, may be considered at the time of application and permitted with conditions by the City Council.
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 remain in effect until vegetation is sufficiently established.
(3) Other standards and codes. All community solar farms shall comply with any applicable local, state and federal regulatory standards, including the State of Minnesota Uniform Building Code, as amended; the National Electric Code, as amended; the National Pollutant Discharge Elimination System (NPDES), as amended; and shall be in compliance with all applicable federal, state and local wetland laws, rules and regulations, as amended.
(4) Power and communication lines. Power and communication lines running between banks of solar panels, to electric substations, among other project elements and providing interconnections with buildings shall be buried underground. Exemptions may be granted by the City Council in instances where shallow bedrock, water courses or other elements of the natural landscape interfere with the ability to bury lines.
(5) Setbacks. Community solar farms must meet the minimum principal building setback for the zoning district and be located a minimum of 300 feet from a residential dwelling unit not located on the property. Setbacks shall be measured to the nearest solar array or other structure within the community solar farm, excluding security fencing, screening or berm.
(6) Maximum height. Ground mounted systems shall not exceed 25 feet in height at maximum ground tilt.
(7) Screening. Community solar farms shall be screened from residential dwelling units as follows when there is less than 1,000 feet of separation between the solar array and residential dwelling:
(a) Screening shall consist of earth mounds or berms; neutral colored fences; or landscaping used in combination or singularly so as to block direct visual access and to mitigate potential glare concerns.
(b) The use of berming and landscaping shall be 80% opaque at the time of maturity. Planting screens shall consist of healthy plant materials at least six feet in height at the time of planting.
(c) Screening fences that are in disrepair shall be repaired. Planting screens shall be maintained in a neat and healthy condition with plantings that have died being replaced within the current or next growing season.
(d) Applicant shall provide mitigation of glare issues, failure to mitigate will be a violation of the CUP.
(8) Solar panels must be removed and properly disposed of if they are out of production for more than one year unless the City Council grants an extension of time for their removal.
(9) Application requirements. The following information shall be provided to the city as part of the CUP permit:
(a) A site plan of existing conditions showing the following:
1. Existing property lines and property lines extending 300 feet from the exterior boundaries, including the names of the adjacent property owners and current use of those properties.
2. Existing public and private roads, showing widths of the roads and any associated easements.
3. Location and size of any existing or abandoned wells and sewage treatment systems.
4. Existing buildings and any impervious surface.
5. Topography at two foot intervals and source of contour interval, a contour map of surrounding properties may also be required.
6. Existing vegetation (list type and percent of coverage; i.e. grassland, pasture, plowed field, wooded areas, etc.).
7. Waterways, watercourses, lakes and public water wetlands.
8. Level 2 wetland delineation required. Other levels may be appropriate if approved by the Zoning Administrator or City Engineer.
9. The 100-year flood elevation and regulatory flood protection elevation, if applicable.
10. Floodway, flood fringe and/or general floodplain district boundary, if applicable.
11. Surface water drainage patterns.
12. Mapped soils according to the Dodge County Soil Survey.
(b) Site plan of proposed conditions:
1. Location and spacing of solar panels.
2. Location of access roads.
3. Planned location of underground or overhead electric lines connecting the solar farm to the building, substation or other electric load.
4. New electrical equipment other than at the existing building or substation that is the connection point for the solar farm.
5. Sketch elevation of the premises accurately depicting the proposed solar energy conversion system and its relationship to structures on adjacent lots (if any).
(c) Manufacturer's specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks.
(d) The number of panels to be installed.
(e) A description of the method of connecting the array to a building or substation.
(f) Visual impact analysis. An analysis of the potential visual impacts from the project including solar panels, roads and fencing along with measures to avoid, minimize or mitigate the visual effects shall be required. A plan may be required showing vegetative screening or buffering of the system from those items to mitigate for visual impacts.
(g) A copy of the interconnection agreement with the local electric utility or a written explanation outlining why an interconnection agreement is not necessary.
(h) A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.
1. Decommissioning of solar panels must occur in the event they are not in use for 12 consecutive months. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Disposal of structures and/or foundations shall meet all applicable rules and regulations to proper disposal.
2. To ensure proper decommissioning, the applicant shall provide a financial surety by posting a bond, letter of credit or the establishment of an escrow account at a rate of $25,000 per MW or fraction thereof for community solar farms and at a rate of $500 per acre for private solar gardens.
(i) Any financial surety arrangement shall be approved by the City Attorney’s Office as to form and issuing bank.
1. The issuing bank must be an FDIC insured bank.
2. The issuing bank must be available in its entirety to fulfill the obligations of developer under the agreement.
3. Any letter of credit to the city shall contain language requiring its automatic renewal prior to December 31 of each calendar year, unless cancellation of the letter of credit is specifically approved in writing by the city.
(10) KPU interconnect agreement. The owner of a solar energy system that will physically connect to a house or other building's electrical system and/or the electric utility grid must enter into a signed interconnection agreement with Kasson Public Utilities prior to the issuance of a building permit.
(11) Easements. It shall be the responsibility of the property owner to secure/provide any desired solar easement by Kasson Public Utilities to protect solar access for the system (per M.S. § 500.30).
(12) Installation. Solar energy systems shall be installed only by licensed contractors.
(B) Short wave towers, radio and TV towers and commercial radio and television towers and transmitters.
(1) Permit required. No short wave tower shall be placed or erected on any property in any district within the city for the purpose of which a conditional use permit has not been issued.
(2) Required exhibits. In addition to exhibits required for all conditional use permit applications, the following shall be submitted with a completed application and a fee for processing the application: scaled drawing showing all property lines, existing buildings, above and below ground utilities on the property and the proposed location of the tower.
(C) Wind energy conversion systems (WECS).
(1) Plans. Each application for a conditional use permit shall be accompanied by a dimensional representation of the tower including the conversion system, base and footings and an accurate plan containing the following information:
(a) Property lines;
(b) Proposed location of tower on site;
(c) Location of all existing structures on site;
(d) All aboveground utility lines;
(e) All underground utility lines within a radius equal to the proposed WECS height; and
(f) Boundaries of all adjacent utility easements or reversed areas.
(2) WECS height. The total height of the tower (including any portion of the rotor or axis extending above the tower) shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line; except that, the horizontal distance may extend beyond the nearest lot line or building line provided there are not overhead utility lines or easements therefor or if the abutting area is a public alleyway. Furthermore, the City Council may allow the height requirement to be exceeded; provided, it is satisfied that the proposed structure will withstand the wind loads in the area. As evidence of this, the City Council shall require the following information:
(a) Dimensional representation of the various structural components of the tower construction including the base and footings;
(b) Design data which shall indicate basis of design, including manufacturer's dimensional drawings, installation and operation instructions; and
(c) Certification by an independent registered professional engineer that the proposed structure will withstand wind loads in the area.
(3) Tower access. Climbing access to the WECS tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.
(4) Wind access. Contiguous property owners and planned developments may construct a WECS for their use in common. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted for approval.
(5) Noise. A WECS operation shall not produce noise in excess of the limits established by state standards.
(6) Limited use. WECS installed in accordance with the requirements of this chapter shall not generate power as a commercial enterprise as defined by the Public Utilities Commission.
(7) Electromagnetic interference. A WECS shall not be installed in any location along the major axis of an existing microwave communications link where the level of electromagnetic interference may have possible effect on the microwave communications link.
(8) Airspace. A WECS shall be located or installed in compliance with the regulations of the airport approach zones and federal aviation regulations for clearance around VOR and DVOR stations.
(9) Interconnect. A WECS, if interconnected to an electric utility distribution system, shall meet the interconnect requirements of the electric utility company. In any case, the interconnect shall include a manual disconnect which complies with the National Electric Code.
(10) Codes. Construction and installation of a WECS shall comply with all city code provisions, state and National Electrical Codes in effect at the time of installation.
(11) Liability. No building permit shall be issued for the construction of a WECS until and unless the applicant for the building permit deposits with the City Administrator a policy of liability insurance indemnifying applicant from liability for personal injury or property damage in the sum of at least $500,000. The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least 30 days' written notice to the city before cancellation thereof, the building permit to be automatically revoked upon the lapse or termination of the policy.
(D) Wireless communications facilities.
(1) Purpose.
(a) The purpose of this division is to establish regulations that protect the public health, safety and general welfare of the community, for the siting, construction and maintenance of wireless communication towers (WCT) and similar facilities within the city. This does not pertain to amateur radio or receive only antennas or structures.
(b) The regulations of this division are intended to:
1. Maximize the use of existing approved structures for siting new antennas in order to reduce the number of new towers needed to serve the community;
2. Provide for the appropriate location and development of antennas and towers within the city;
3. Minimize adverse visual effects of wireless communication towers through siting standards; and
4. Utilize standard structural and setback requirements to avoid potential damage to adjacent properties from antenna and tower failure.
(2) Conditional use. Wireless communication towers and similar facilities are a conditional use within all zoning districts subject to the following performance standards. Permit required. It shall be unlawful for any person, firm or corporation to erect, construct, place, replace or structurally repair any wireless communication tower or adjoining/accessory structures without first making application to the Zoning Administrator and securing appropriate permit approval. Building permits are not required for adjustment or replacement of the elements of an antenna array affixed to a tower or antenna. All applications shall be accompanied by a coverage/interference and capacity analysis, including a technical evaluation of existing and proposed transmissions indicating all potential interference problems including, but not limited to, residential broadcast reception and public safety communications. All applications must demonstrate compliance with all existing FCC, FAA, Uniform Building Code and other pertinent regulations. As regulations change, wireless communication operators must demonstrate continued compliance at their expense. All subsequent co-locators must apply for individual building and conditional use permits in conformance to this subchapter.
(3) Permitted locations.
(a) No wireless communication tower shall be erected in the city unless the applicant demonstrates that the equipment planned for the purpose of the proposed wireless communication cannot be accommodated on an existing or approved tower, building or structure within a one-mile search radius of the proposed tower due to one or more of the following reasons:
1. The planned equipment would exceed the structural capacity of the existing or approved structure, as documented by a qualified and licensed professional engineer; and the existing or approved structure cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost;
2. The planed equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer and the interference cannot be prevented at a reasonable cost;
3. Existing or approved wireless communication towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; and/or
4. Other unforeseen reasons that make it infeasible to locate the planned equipment upon an existing or approved structure.
(b) Wireless communication towers are permitted with a conditional use in areas with the following uses:
1. Industrial, manufacturing, commercial and agricultural;
2. Parks and public open space when sited and designed to be compatible with the nature of the site;
3. Government, school and public utility structures; and
4. Places of worship.
(4) Design standards. All applications must meet the following minimum requirements:
(a) All towers and antennas shall comply with all FCC and FAA rules and regulations. Wireless communication towers attached to a building or existing structure shall comply with the setbacks of the zoning district and shall not exceed 20 feet in height beyond the top of the primary structure. Freestanding towers shall be set back one foot from any property line or building for each one foot of structural height. Freestanding towers shall not be located in a front yard, nor shall any part of the antenna or tower extend across or over any part of the public right-of-way, street, highway or sidewalk.
(b) Towers should be located in areas that provide the maximum possible amount of natural or existing structural screening for off-site view.
(c) Towers shall be self-supporting without the use of wires, cables, beams or other means, the design should utilize an open framework or monopole configuration that is designed to collapse in on itself in the event of structural damage. Design and installation of towers and antennas shall comply with all applicable federal and state standards, including FCC and FAA standards and the current Uniform Building Code and shall be approved and stamped by a licensed professional structural engineer.
(d) Towers shall be designed to allow the future co-location of equipment at varying heights. Tower operators are required to accept co-location of communication equipment if reasonable and necessary to conform to § 154.235(D)(2)and shall not make such co-location economically unfeasible. Towers over 150 feet in height shall be designed for co-location of at least three additional antennas. Towers of 125 feet to less than 150 feet shall be designed for co-location of at least two additional antennas. Towers of 100 feet to less than 125 feet shall be designed for co-location of at least one additional antenna. Subsequent co-locators are subject to the same provisions and procedures as the primary conditional use applicant.
(e) Towers shall not be illuminated by artificial means unless the light is required by federal (FAA) or state regulations; or used to illuminate ball fields, parking lots or similar areas; or for crime preventative measures.
(f) The use of any portion of a tower for signs other than required warning or equipment information is prohibited. All mechanical and utility equipment shall be enclosed in an approved structure or cabinet; all buildings and structures shall meet the minimum performance standards in that zoning district.
(g) The ground level perimeter may be required to be screened with pre-approved landscaping and/or fencing at the operator's expense. The tower shall be reasonably protected against unauthorized access and vandalism.
(h) All construction, installation, wiring and maintenance of towers shall not create a safety hazard or damage to the property of others, nor interfere with public safety communications.
(i) Operators shall remove abandoned, unused towers and similar facilities within 12 months of the cessation of operations and restore the area to its original condition. Failure to abide by this condition will result in the city removing the structure and assessing costs to the property or operator.
(j) All wireless communication facilities that are in existence as of the date of the ordinance codified in this section may continue to operate, but may not be replaced or structurally altered without complying in all respects to this code. This does not include routine adjustment or replacement of the primary or co-location antennae.
(k) When the property's use no longer conforms to this division, any existing tower shall be removed prior to preliminary plat approval or building permit issuance, whichever occurs first.
(5) Penalty.
(a) Any building or structure being erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or sign hereafter erected or maintained, or land use made or permitted in violation of this chapter, is declared unlawful. In the event of a violation, or threatened violation of this chapter, the City Council or the Zoning Administrator may institute appropriate actions or proceedings to prevent, restrain, correct or abate the violation or threatened violation.
(b) Any person, firm, corporation or entity who violates any of the provisions of this chapter shall be guilty of a misdemeanor and be punishable as defined by law.
1. Each day that a violation is committed, or permitted to exist, shall constitute a separate offense. The imposition of any fine or sentence shall not exempt the offender from compliance with the requirements of this chapter, and the city may pursue, by appropriate actions or proceedings, any or all additional remedies.
2. The City Council may, at its discretion, impose a civil penalty of $500 upon any person or business entity which violates any provision of this chapter in lieu of criminally prosecuting the violation.
(Ord. 879, passed 10-28-2020; Ord. 6.1-2021, passed 6-23-2021)