The town finds that the development of solar energy systems should be balanced with the protection of the public health, safety and welfare of the public. The town resolves that the following standards shall be adopted to ensure that solar energy systems and solar energy farms can be constructed within the town while protecting public safety and the natural resources of the town. The town finds that it is in the public interest to encourage the use and development of renewable energy systems that enhance energy conservation efforts but result in limited adverse impact on nearby properties. As such, the town supports the use of solar energy collection systems and the development of solar energy farms.

(Ord. No. 175, § 1(812.01(subd. 1)), 3-26-2019)

These regulations shall apply to all solar energy systems and solar energy farms on properties and structures under the jurisdiction of the town.

(Ord. No. 175, § 1(812.01(subd. 3)), 3-26-2019)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory solar energy system means a system which is roof or building mounted, or architecturally integrated, or ground-mounted panels which are located on a lot or parcel with a principal use such as a residence or business designed to supply energy for onsite residential use; excess energy produced may be sold back to the grid through net metering or commercial use to generate energy to offset utility costs or as an additional revenue stream.

Building- or other architecturally-integrated solar energy system means an active solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building. Building-integrated systems include, but are not limited to, photovoltaic or thermal solar systems that are contained within roofing materials, windows, skylights and awnings.

Community solar energy system (CSES) or solar garden means a solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) to multiple community members or businesses residing on site or located off-site from the location of the solar energy system. A CSES is not a solar energy system that has been primarily designed for export to the wholesale market. A CSES may be connected to the electrical transmission grid in order to sell excess power to the utility company. A CSES is a solar energy system that has a capacity of no more than one megawatt of power. All solar energy systems that are primarily designed for export to the wholesale market, regardless of megawatt capacity or land area, shall be regulated as a solar farm.

Ground-mounted panels means freestanding solar panels mounted to the ground by use of stabilizers or similar apparatus. Ground-mounted panels may be systems which are accessory to the principal use of the site and designed to supply energy for the principal use (see also Accessory solar energy system) or may be part of solar garden (CSES) or solar farm operation.

Photovoltaic system means an active solar energy system that converts solar energy directly into electricity.

Right-of-way means those lands designated and delineated to contain a public or private roadway, bicycle path, walking trail, recreational trail, or other mode of ground transportation.

Roof- or building-mounted solar energy system means a solar energy system that is mounted to the roof or building using brackets, stands or other apparatus. Typically, accessory to the principal land use, these may also be used in solar gardens (CSES).

Solar array means a group of solar panels wired together.

Solar collector means a device, structure or a part of a device or structure that the principal purpose is to transform solar radiant energy into thermal, mechanical, chemical or electrical energy.

Solar energy means radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

Solar energy system (SES) means an active solar energy system that collects or stores solar energy and transforms solar energy into another form of energy or transfers heat from a collector to another medium using mechanical, electrical, thermal or chemical means.

Solar farm means a utility scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or other conversion technology, where the principal purpose of land is to provide energy to off-site uses or wholesale sales of generated electricity.

Solar hot water system means 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.

(Ord. No. 175, § 1(812.01(subd. 4)), 3-26-2019)

This article identifies and regulates the following four types of solar energy systems which shall be allowed in each zoning district:

Permitted Solar Energy Systems by District

(Ord. No. 175, § 1(812.02(subd. 1)), 3-26-2019)

In addition to the standards required in division 3 of this article, the following standards shall apply to all solar energy systems:

(1)

Compliance with state building code. All SESs shall require a building permit, shall be subject to the approval of the building official, and shall be consistent with the Minnesota State Building Code.

(2)

Compliance with state electrical code. All photovoltaic systems shall comply with the Minnesota State Electrical Code.

(3)

Compliance with state plumbing code. Solar thermal systems shall comply with applicable Minnesota State Plumbing Code requirements.

(4)

Compliance with state energy code. All SESs shall comply with HVAC-related requirements of the energy code.

(5)

Utility notification. No grid-intertied photovoltaic system shall be installed until the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

(6)

Security and equipment buildings. Security and equipment buildings on the site of solar farms shall be permitted uses accessory to the solar farm.

(7)

Controlled access. The owner or operator shall contain all unenclosed electrical conductors located above ground within structures that control access.

(Ord. No. 175, § 1(812.03), 3-26-2019)

This article identifies and regulates the following four types of solar energy systems which shall be regulated in this division.

(Ord. No. 175, § 1(812.02(subd. 2(intro. ¶))), 3-26-2019)

Rooftop or other architecturally integrated systems are permitted accessory uses in all districts in which buildings and structures are permitted, except zoning districts R-2 and EP.

(Ord. No. 175, § 1(812.02(subd. 2(1)(a))), 3-26-2019)

The owner or contractor shall obtain a building permit before installing a rooftop or other architecturally integrated solar energy system.

(Ord. No. 175, § 1(812.02(subd. 2(1)(b))), 3-26-2019)

Commercial rooftop or other architecturally integrated systems shall be placed on the roof to blend into the roof design, to limit visibility from the public right-of-way and adjacent properties, provided that minimizing visibility still allows the property owner to reasonably capture solar energy.

(Ord. No. 175, § 1(812.02(subd. 2(1)(c))), 3-26-2019)

Equipment associated with rooftop systems shall meet setbacks required for ground-mount systems.

(Ord. No. 175, § 1(812.02(subd. 2(1)(d))), 3-26-2019)

Ground-mount systems are accessory uses in all districts in which buildings and structures are permitted, and are greater than one acre, except zoning districts R-2 and EP.

(Ord. No. 175, § 1(812.02(subd. 2(2)(a))), 3-26-2019)

Ground-mount systems require a building permit.

(Ord. No. 175, § 1(812.02(subd. 2(2)(b))), 3-26-2019)

The maximum size of a ground-mounted system shall be no more than two percent of the total land area of the lot.

(Ord. No. 175, § 1(812.02(subd. 2(2)(c))), 3-26-2019)

Ground-mount systems do not count as an accessory structure for the purpose of meeting limits on the total square footage or number of accessory structures allowed in its respective district.

(Ord. No. 175, § 1(812.02(subd. 2(2)(d))), 3-26-2019)

Ground-mounted systems which includes associated equipment shall meet the following dimensional standards:

Ground-Mounted System Equipment Dimensions

*Setbacks from roadways shall be measured from the edge of the right-of-way. When roads are not located within platted right-of-way or roadway easements, the roadway setback shall be measured from the centerline of the roadway.

(Ord. No. 175, § 1(812.02(subd. 2(2)(e))), 3-26-2019)

All accessory ground-mount solar energy systems shall be screened from adjacent residential properties and right-of-way by vegetation that provides year-round coverage.

(1)

If existing screening in the form of vegetation that provides year-round coverage or site topography is such that it provides the required screening from adjacent residential properties and right-of-way, the screening requirement may be waived or reduced at the discretion of the town board.

(2)

Vegetative screening shall consist of an offset double row of evergreen trees (or other tree, shrub, or bush that provides year-round coverage) that will be six feet in height at installation and reach a minimum of 12 feet at maturity.

(Ord. No. 175, § 1(812.02(subd. 2(2)(f))), 3-26-2019)

If fencing is placed around a ground-mount solar energy system, that fence shall consist of metal or wood and contain no barbed wire. If chain-link fencing is used, it shall be coated in black vinyl to minimize the visual effect of the fence.

(Ord. No. 175, § 1(812.02(subd. 2(2)(g))), 3-26-2019)

CSES/solar gardens shall be located on parcels of land no less than 20 acres in size.

(Ord. No. 175, § 1(812.02(subd. 2(3)(a))), 3-26-2019)

Parcels which have a metes and bounds legal description shall have a minimum of 300 feet of road frontage and parcels which have been formally platted shall have a minimum of 150 feet of road frontage.

(Ord. No. 175, § 1(812.02(subd. 2(3)(b))), 3-26-2019)

CSES/solar gardens shall be located in the Residential-Agricultural (R-A) District.

(Ord. No. 175, § 1(812.02(subd. 2(3)(c))), 3-26-2019)

Prior to an application being deemed complete, an applicant shall be required to hold a public open house at the town hall for the proposed project.

(1)

The applicant shall send a notice of the community workshop to all property owners within 1,000 feet of the boundary for which the project is proposed to be located.

(2)

The applicant shall supply the town with a map of properties to which notices were sent and a copy of the mailing list for which letters were sent.

(3)

The applicant shall mail notices at least two weeks in advance of the date of the community workshop.

(Ord. No. 175, § 1(812.02(subd. 2(3)(d))), 3-26-2019)

An interim use permit (IUP) shall be required.

(Ord. No. 175, § 1(812.02(subd. 2(3)(e))), 3-26-2019)

A building permit is required and shall be reviewed by the planning and zoning commission and released by the town board.

(Ord. No. 175, § 1(812.02(subd. 2(3)(f))), 3-26-2019)

The township prohibits CSESs within the following areas:

(1)

Shoreland districts as designated by the department of natural resources (DNR) and this chapter;

(2)

Within 600 feet of areas formally designated or protected from development by federal, state or county agencies as wildlife habitat, wildlife management areas or designated as national wild and scenic land or corridor;

(3)

Wetlands to the extent prohibited by the Minnesota Wetland Conservation Act;

(4)

FEMA-established floodplains.

(Ord. No. 175, § 1(812.02(subd. 2(3)(g))), 3-26-2019)

All CSES/solar garden solar panels and their associated equipment such as metering pads and transformers shall meet the following standards:

CSES/Solar Garden Solar Panel Dimensions

*Setbacks from roadways shall be measured from the edge of the right-of-way. When roads are not located within platted right-of-way or roadway easements, the roadway setback shall be measured from the centerline of the roadway.

(Ord. No. 175, § 1(812.02(subd. 2(3)(h))), 3-26-2019)

All community solar energy systems (CSES)/solar gardens and their components such as metering pads, transformers, and similar equipment shall be screened from adjacent residential properties and right-of-way by vegetation that provides year-round coverage.

(1)

If existing screening in the form of vegetation that provides year-round coverage or site topography is such that it provides the required screening from adjacent residential properties and right-of-way, the screening requirement may be waived or reduced at the discretion of the town board.

(2)

Vegetative screening shall consist of an offset double row of evergreen trees (or other tree, shrub, or bush that provides year-round coverage) that will be six feet in height at installation and reach a minimum of 12 feet at maturity.

(Ord. No. 175, § 1(812.02(subd. 2(3)(i))), 3-26-2019)

Security fencing shall consist of metal or wood and contain no barbed wire. If chain-link fencing is used, it shall be coated in black vinyl to minimize the visual effect of the fence.

(Ord. No. 175, § 1(812.02(subd. 2(3)(j))), 3-26-2019)

All on-site power and communication lines running between banks of solar panels and buildings shall be buried underground on the premises. The town board may grant exemptions to this requirement in instances where water courses or other elements of the natural landscape interfere with the ability to bury lines. All overhead power and communication or transmission lines shall be subject to the essential services ordinance and right-of-way ordinance.

(Ord. No. 175, § 1(812.02(subd. 2(3)(k))), 3-26-2019)

At time of application for the project building, permit the project developer shall submit a decommissioning plan for ground-mounted commercial solar energy systems to ensure that the permittee properly removes the equipment and facilities upon the end of project life or after their useful life. The permittee shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation and a soundly-based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet the requirements of the county solid waste ordinance and applicable state pollution control agency regulations. The permittee shall provide an industry engineer's estimate of the eventual decommissioning cost, and shall post financial surety in an amount equal to or greater than 125 percent of the engineer's estimated cost, to ensure proper decommissioning. All solar projects and decommissioning plans shall be subject to biennial review of current relevant economic factors associated with solar projects, solar technology and the solar industry, and may be subject to revised or escalated financial surety requirements, as determined to be necessary by the town board. Failure to maintain financial surety and current decommissioning plan shall be grounds for revocation and/or nullification of permit.

(Ord. No. 175, § 1(812.02(subd. 2(3)(l))), 3-26-2019)

Solar farms shall be located on parcels of land no less than 20 acres in size.

(Ord. No. 175, § 1(812.02(subd. 2(4)(a))), 3-26-2019)

Parcels which have a metes and bounds legal description shall have a minimum of 300 feet of road frontage and parcels which have been formally platted shall have a minimum of 150 feet of road frontage.

(Ord. No. 175, § 1(812.02(subd. 2(4)(b)), 3-26-2019)

Solar farms shall be located in the Residential-Agricultural (R-A) District and be located within sections 5, 6, 29, or 30 of Linwood Township.

(Ord. No. 175, § 1(812.02(subd. 2(4)(c))), 3-26-2019)

Prior to an application being deemed complete, an applicant shall be required to hold a community workshop at the town hall for the proposed project.

(1)

The applicant shall send a notice of the community workshop to all property owners within 1,000 feet of the boundary for which the project is proposed to be located.

(2)

The applicant shall supply the township with a map of properties to which notices were sent and a copy of the mailing list for which letters were sent.

(3)

The applicant shall mail notices at least two weeks in advance of the date of the community workshop.

(Ord. No. 175, § 1(812.02(subd. 2(4)(d))), 3-26-2019)

An interim use permit (IUP) shall be required.

(Ord. No. 175, § 1(812.02(subd. 2(4)(e))), 3-26-2019)

A building permit shall be required and shall be reviewed by the planning and zoning commission and approved by the town board.

(Ord. No. 175, § 1(812.02(subd. 2(4)(f))), 3-26-2019)

The township prohibits solar farms within the following areas:

(1)

Shoreland districts as designated by the department of natural resources (DNR) and this chapter;

(2)

Within 600 feet of areas formally designated or protected from development by federal, state or county agencies as wildlife habitat, wildlife management areas or designated as national wild and scenic land or corridor;

(3)

Wetlands to the extent prohibited by the Minnesota Wetland Conservation Act;

(4)

FEMA-established floodplains.

(Ord. No. 175, § 1(812.02(subd. 2(4)(g))), 3-26-2019)

All solar farms solar panels and their associated equipment such as metering pads and transformers shall meet the following standards:

Solar Farm Solar Panel Dimensions

*Setbacks from roadways shall be measured from the edge of the right-of-way. When roads are not located within platted right-of-way or roadway easements, the roadway setback shall be measured from the centerline of the roadway.

(Ord. No. 175, § 1(812.02(subd. 2(4)(h))), 3-26-2019)

All community solar energy systems (CSES)/solar gardens and their components such as metering pads, transformers, and similar equipment shall be screened from adjacent residential properties and right-of-way by vegetation that provides year-round coverage.

(1)

If existing screening in the form of vegetation that provides year-round coverage or site topography is such that it provides the required screening from adjacent residential properties and right-of-way, the screening requirement may be waived or reduced at the discretion of the town board.

(2)

Vegetative screening shall consist of an offset double row of evergreen trees (or other tree, shrub, or bush that provides year-round coverage) that will be six feet in height at installation and reach a minimum of 12 feet at maturity.

(Ord. No. 175, § 1(812.02(subd. 2(4)(j))), 3-26-2019)

Security fencing shall consist of metal or wood and contain no barbed wire. If chain link fencing is used, it shall be coated in black vinyl to minimize the visual effect of the fence.

(Ord. No. 175, § 1(812.02(subd. 2(4)(k))), 3-26-2019)

Natural wildlife, wetland, woodland or other lineal corridors shall remain open to travel by native fauna, reptilian and avian. Perimeter fencing and security measures must accommodate unimpeded wildlife migration through large solar array development site and areas. Plan approval may require corridor replacement, relocation, removal, and/or protection as determined by the zoning administrator.

(Ord. No. 175, § 1(812.02(subd. 2(4)(l))), 3-26-2019)

All on-site power and communication line running between banks of solar panels and buildings shall be buried underground on premises. The town board may grant exemptions to this requirement in instances where water courses or other elements of the natural landscape interfere with the ability to bury lines. All overhead power and communication or transmission lines shall be subject to the essential services ordinance and right-of-way ordinance.

(Ord. No. 175, § 1(812.02(subd. 2(4)(m))), 3-26-2019)

At time of application for the project building permit the project developer shall submit a decommissioning plan for ground-mounted commercial solar farms to ensure that the permittee properly removes the equipment and facilities upon the end of project life or after their useful life. The permittee shall decommission the solar panels in the event they are not in use for 12 consecutive months. The plan shall include provisions for the removal of all structures and foundations, the removal of all electrical transmission components, the restoration of soil and vegetation and a soundly-based plan ensuring financial resources will be available to fully decommission the site. The disposal of structures and/or foundations shall meet the requirements of the county solid waste ordinance and applicable state pollution control agency regulations. The permittee shall provide an industry engineer's estimate of the eventual decommissioning cost and shall post financial surety in an amount equal to or greater than 125 percent of the engineer's estimated cost, to ensure proper decommissioning. All solar projects and decommissioning plans shall be subject to biennial review of current relevant economic factors associated with solar projects, solar technology and the solar industry, and may be subject to revised or escalated financial surety requirements, as determined to be necessary by the town board. Failure to maintain financial surety and current decommissioning plan shall be grounds for revocation and/or nullification of permit.

(Ord. No. 175, § 1(812.02(subd. 2(4)(n))), 3-26-2019)