(A) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SOLAR ENERGY SYSTEM. A set of devices whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, electricity generation or water heating.
(a) SOLAR ENERGY SYSTEM, ACCESSORY. A solar energy system which is directly connected to or designed to serve the energy needs of the primary use.
(b) SOLAR ENERGY SYSTEM, BUILDING-INTEGRATED. A solar energy system that is directly incorporated into the building by replacing typical building materials.
(c) SOLAR ENERGY SYSTEM, GROUND MOUNTED. A solar energy system that is installed onto the ground directly or by means of brackets or poles.
(d) SOLAR ENERGY SYSTEM, ROOF MOUNTED. A solar energy system mounted to a house or other building.
SOLAR FARM, COMMUNITY. A solar array composed of multiple solar panels on ground mounted rack or poles which is not directly connected to or designed to serve the energy needs of the primary use but rather for the primary purpose of wholesale sales of generated electricity or a financial proxy for retail power. Solar farms include but are not limited to community solar gardens. A community solar system may be either an accessory or a principal use.
SOLAR THERMAL SYSTEM. A system that includes a solar collector and a heat exchanger that heats or preheats water for building heating systems or other hot water needs of the building.
(B) Community solar farm. Municipally owned community solar farms shall be exempt from restrictions herein notated; however, all other community solar farms shall be subject to the requirements set for conditional use permits as established in § 152.131 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; and
(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 State 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; and
(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, and the like);
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 flood plain district boundary, if applicable;
11. Surface water drainage patterns; and
12. Mapped soils according to the Faribault County Soil Survey;
(b) A site plan of proposed conditions showing the following:
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; and
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; and
(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 the 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) 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 the current electric utility provider 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 the current electric utility provider to protect solar access for the system (per M.S. § 500.30).
(12) Installation. Solar energy systems shall be installed only by licensed contractors.
(C) Solar energy systems, accessory.
(1) Type. In all districts, only building or roof mounted systems shall be permitted; ground mounted systems aside from community solar farms are prohibited as an accessory solar energy system.
(a) In residential districts only building or roof mounted systems shall be permitted
(b) In non-residential districts ground mounted, building, and roof mounted systems shall be permitted.
(2) Accessory structure limit. Ground mounted systems shall count as an accessory structure for the purpose of meeting limits on the number of accessory structures allowed per lot and the coverage limits. Ground mounted systems less than 120 square feet shall not be required to apply for a site plan review but shall meet the setback requirements of an accessory structure.
(3) Height.
(a) Roof mounted solar energy systems shall not project beyond the peak of the roof and shall not be more than four feet above the roof surface to which they are attached.
(b) Active solar energy systems are subject to the following height requirements:
1. Building or roof mounted solar energy systems shall not exceed the maximum allowed height in any zoning district. For the purposes of height measurement, solar energy systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices for the zoning district.
2. Ground or pole mounted solar energy systems shall not exceed 25 feet in height when oriented at maximum tilt.
(4) Location within lot.
(a) Accessory solar energy systems must meet the accessory structure setback of the structure to which it is attached for the zoning district.
(b) Roof mounted solar energy systems.
1. In addition to the building setback, the collector surface and mounting devices for the roof mounted solar systems that are parallel to the roof surface shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. The collector and racking for roof mounted systems that have a greater pitch than the roof surface shall be set back from all roof edges by at least two feet.
2. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure.
(c) Ground mounted solar systems. Ground mounted solar energy systems may not extend into the side yard or rear yard setback when oriented at minimum design tilt.
(5) Coverage. Roof mounted solar energy systems must be of a size and placed in such a location so as to allow the dwelling/building to be insured for fire/casualty and liability coverage by any insurance company licensed to do business in the State of Minnesota. Proof of coverage must be provided by the owner showing that the roof mounted solar energy system is specifically insured and will be required for any permit issued under this section.
(6) Feeder lines. All power, exterior electrical or other service lines must be buried below the surface of the ground.
(7) Weight. Rooftop solar projects must not overload the designed weight limit of the roof.
(8) Aesthetics. All solar energy systems shall use colors that blend with the color of the roof or other structure. Reflection angles from collector surfaces shall be oriented so as not to interfere with the use and enjoyment of other properties. Where necessary, screening may be required to address glare.
(9) Compliance with Electric Code. All photovoltaic systems shall comply with the Minnesota State Electrical Code.
(10) Compliance with Plumbing Code. All solar thermal systems shall comply with the Minnesota State Plumbing Code.
(11) Compliance with all applicable federal, state, and local wetland laws, rules and regulations.
(12) Application requirements. The following information shall be provided to the Zoning Administrator as part of the site review process:
(a) A site plan of existing conditions showing the following:
1. Existing property lines and property lines extending 100 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, and the like);
7. Waterways, watercourses, lakes and public water wetlands;
8. 100-year flood elevation and regulatory flood protection elevation, if applicable.
9. Floodway, flood fringe and/or general flood plain district boundary, if applicable; and
10. Surface water drainage patterns;
(b) A site plan of proposed conditions showing the following:
1. Location and spacing of solar panels;
2. Planned location of underground or overhead electric lines connecting the solar energy system to the building, substation, or other electric load; and
3. New electrical equipment other than at the existing building or substation that is the connection point for the solar energy system;
(c) Manufacturer's specifications and recommended installation methods for all major equipment, including solar panels, mounting systems and foundations for poles or racks; and
(d) The number of panels to be installed.
(13) 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 the current electric utility provider prior to the issuance of a building permit.
(14) Easements. It shall be the responsibility of the property owner to secure/provide any desired solar easement by the current electric utility provider to protect solar access for the system (per M.S. § 500.30).
(15) Installation. Solar energy systems shall be installed only by licensed contractors.
(16) Abandonment. If the solar energy system remains nonfunctional or inoperative for more than 12 consecutive months, the system shall constitute a public nuisance. The owner shall obtain a demolition permit and remove the abandoned system at their expense. Removal includes the entire structure, including collector, mount, and transmission equipment.
(Ord. 2021-150.02, passed 11-11-21)