HomeMy WebLinkAbout12.A. Wind Energy Conversion Systems-Ord. No. 824
I~. ~.
CITY OF SHAKO PEE
Memorandum
CASE LOG: No. 09021
TO: Honorable Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Shakopee Community Development Director
RE: Proposed Text Amendments for Wind Energy Conversion Systems (WECS)
MEETING DATE: August 18, 2009
INTRODUCTION:
On March 2, 2009 the Council directed staff to provide them with additional information prior to
developing a proposed text amendment that would allow WECS, such as that proposed by the
Minnesota Municipal Power Association (MMP A) on the Shakopee Public Utilities Commission
(SPUC) site. On June 4, 2009, staff sought and received direction from the Planning
Commission regarding a specific text amendment. At their meetings in July and August, the
Planning Commission reviewed the draft amendment, and has recommended approval with
changes. The changes are included in the attached draft for Council's information.
ALTERNATIVES:
1. Offer and approve Ordinance No. 824, an ordinance ofthe City of Shakopee establishing
regulations for Wind Energy Conversion Systems as presented.
2. Offer and approve Ordinance No. 824, an ordinance of the City of Shako pee establishing
regulations for Wind Energy Conversion Systems with revisions.
3. Table the draft text amendment for additional information.
PLANNING COMMISSION RECOMMENDATION:
On August 6, 2009 the Planning Commission unanimously recommended to the City Council the
approval of the proposed text amendment with the Commission recommended revisions that
have been incorporated in the attached draft.
RELATIONSHIP TO CITY GOALS:
The proposed text amendment relates to Goal D. Vibrant, resilient and stable.
ACTION REQUESTED:
Offer and approve Ordinance No. 824, an ordinance of the City of Shako pee establishing
regulations for Wind Energy Conversion Systems as presented.
~A::/~
R. Michael Leek
Shakopee Community Development Director
H: \CC\2009\ Wind Energy txt rpt_ CC08182009 .doc 1
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: R. Michael Leek, Shakopee Community Development Director
RE: Proposed Text Amendments for Wind Energy Conversion Systems (WECS)
CASELOG #09021
MEETING DATE: August 6, 2009
INTRODUCTION:
On March 2, 2009 the Council directed staff to provide them with additional information prior to
developing a proposed text amendment that would allow WECS, such as that proposed by the
Minnesota Municipal Power Association (MMP A) on the Shakopee Public Utilities Commission
(SPUC) site. On June 4, 2009, staff sought and received direction from the Planning
Commission regarding a specific text amendment. The attached, draft text amendment is offered
for Commission discussion and possible recommendation.
The public hearing on this item was opened on July 9th, and was continued to August 6th. In part,
this was to allow members ofthe Commission who were not in attendance on July 9th to have
input. In addition, staff was directed to make sure that representatives of Shakopee Public
Utilities Commission (SPUC) and Minnesota Municipal Power Association (MMP A) be present
to discuss their project on the SPUC site.
DISCUSSION:
The direction provided by the Commission included 1) addressing the zoning districts in which
WECS would be permitted and 2) the engineering-related standards that would apply. Based on
that direction, staff used the draft City of Anoka ordinance as a template for Shakopee's
proposed text amendment. Staff believes that the major issues that the Commission maywant to
discuss include the following; .
. Is it too broad in that it would allow WECS in all zoning districts?
. Are there specific areas of the City that others think WECS should be prohibited in?
. Any comments on the performance standards;
. Signage.
Items that were discussed on July 9t\ and which staff expects to include in the version that
would move forward to City Council include;
. Requiring a CUP for all WECS;
. Providing for an annual review. The Commission may wish to discuss if this should be
administrative or be done by the Board of Adjustment and Appeals;
. Possible reduction of the height of allowed roof-mounted WECs.
H:\BOAA-PC\2009\08-06\Wind Energy txt rpt_08062009.doc 1
AL TERNA TIVES:
1. Recommend to the City Council the approval of the draft text amendment regarding WECS
with revisions as directed by the Commission.
2. Continue the public hearing for additional information.
3. Close the public hearing, but table the item for additional information or revisions to the draft
text
ACTION REQUESTED:
The Planning Commission is asked to recommend the draft text amendment as presented or with
changes as directed.
^<~~
~"~.~ . ."" ~..,
-;7.' /'/-~'vd~
R. Michael Leek
Shakopee Community Development Director
H:\BOAA-PC\2009\08-06\Wind Energy txt rpt_08062009.doc 2
ORDINANCE NO. 824, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 11 (ZONING) OF THE CITY CODE TO ESTABLISH
REGULATIONS FOR WIND ENERGY CONVERSION SYSTEMS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That the Shakopee City Code, Chapter 11 (Zoning) is amended, as follows:
Underlined language is to be added and struckthrough language is to be deleted.
Sec. 11.71 WIND ENERGY CONVERSION SYSTEMS (WECS)
Subd.1. Purpose.
The purpose of this ordinance is establish regulations for the installation and
operation of Wind Energy Conversion Systems (WECS) within the City of
Shakopee, not otherwise subiect to siting and oversight by the State of
Minnesota under the Minnesota Power Plan Siting Act (Minn. Stat. ~
116C.51 - 116C.697).
Subd. 2. Definitions.
The definitions in Section 11.02 of this Chapter apply herein. In addition, the
following definitions shall apply in the interpretation and enforcement of this
Section.
A22re2ated Proiect means a wind energy proiect that is developed and
operated in a coordinated fashion but mav have multiple entities separately
owning one or more of the individual WECS within the larger proiect.
Associated infrastructure, such as power lines and transformers that service
the facility may be owned by a separate entity but are also included as part of
the aggregated project.
Commercial WECS means a WECS of 40 kilowatts or more in total
generating capacitv.
Fall Zone means the area, defined by the furthest distance from the tower
base, in which a tower will collapse in the event of a structural failure. This
area is and should be less than the total height of the tower.
Feeder Line means any power line that carries electrical power from one or
more wind turbines or individual transformers associated with individual
wind turbines to the point of interconnection with the electric power grid. In
the case of interconnection with the high voltage transmission systems, the
point of interconnection shall be the substation serving the WECS.
1
Meteorological Tower means towers that are erected primarily to measure
wind speed and directions plus other data relevant to siting a WECS. For
purposes of this ordinance, the term "meteorological tower" does not mean
towers and equipment used by airports, the Minnesota Department of
Transportation, or other similar applications to monitor weather conditions.
Nacelle means the part of a WECS that contains the key components ofthe
wind turbine, including the gearbox, yaw system and the electrical generator.
Non-commercial WECS means a WECS of less than 40 kilowatts (KW) in
total generating capacity.
Rotor diameter means the diameter of the circle described by the moving
rotor blades of a WECS.
Substations means any electrical facility designed to convert electricity
produced by a wind turbine to a voltage greater than 35,000 volts (35
kilovolts) for interconnection with high voltage transmission lines.
Total height means the highest point, above ground level, reached by a rotor
tip or any other part ofthe WECS.
Tower means vertical structures that support the electrical generator, rotor
blades, or meteorological equipment.
Tower height means the total height of the WECS exclusive of the rotor
blades.
Transmission line means those electrical power lines that carry voltages of
at least 69,000 volts (69 kilovolts) and are primarily used to carry electric
energy over medium to long distances rather than directly interconnecting
and supplying electric energy to retail customers.
WECS - Wind Energy Conversion System means an electrical generating
facilitv comprised of one or more wind turbines and accessory facilities,
including, but not limited to, power lines, transformers, substations and
meteorological towers that operate by converting the kinetic energy of wind
into electrical energv. The energy may be used on-site or mav be distributed
into the electrical grid.
Wind turbine means any piece of electrical generating equipment that
converts the kinetic energy of blowing wind into electrical energy through the
use of airfoils or similar devices to capture the wind.
Subd. 3. Application. process. buildin2: permits. fees and inspections.
(a) ADDlication. Applications for approval to construct a WECS shall
include the following information:
2
0) The name(s) of the proiect applicant.
(2) The name(s) of the property owner.
(3) The legal description and address of the proiect.
(4) A description of the proiect including the number, type, name
plat generating capacity, tower height, rotor diameter, and
total height of all wind turbines and means of interconnecting
with the electrical grid.
(5) The proposed site layout, including the location of property
lines, wind turbines, electrical wires, interconnection points
with the electrical grid, and all related accessory structures.
The site layout shall include distances and shall be drawn to
scale.
(6) An engineer's certification.
(7) Documentation of land ownership or legal control of the
property.
The application for a commercial WECS shall also include:
(8) The latitude and longitude of individual wind turbines.
(9) A USGS topographical map, or map with similar date, of the
property and surrounding area, including anv other WECS
within ten (10) rotor diameters ofthe proposed WECS.
(0) The location of wetlands, scenic and natural areas within
1,320 feet of the proposed WECS.
(11) An acoustical analysis prepared bv an acoustics engineer.
(12) A Federal Aviation Administration (FAA) Permit Application.
(13) The location of all known Communication Towers within two
(2) miles of the proposed WECS.
(14) A decommissioning plan.
(5) A description of potential impacts on nearby WECS and wind
resources on adiacent properties.
(b) Process. WECS applications that require a conditional use permit or
variance( s) will be processed under the procedures for such approvals
contained within this Chapter.
(c) Building permits.
(1) It shall be unlawful for any person to erect, construct in place,
place or re-erect, replace, or repair any tower without first
making application to the building inspections department and
securing a building permit therefore as required in this sub-
section.
(2) At the time of application, the applicant shall provide
sufficient information to indicate that construction, installation
and maintenance of the WECS will not create a safety hazard
or damage to the property of other persons. Specifically,
before issuance of a building permit, the following
information shall be submitted by the applicant:
3
a. Proof that the proposed tower complies with
regulations administered by the Federal Aviation
Administration; and
b. A report for a State-licensed professional engineer that
demonstrates the WECS compliance with structural
and electrical standards.
c. Commercial WECS shall include a shadow flicker
analysis study with the application submission.
(3) Only one tower shall exist at anyone time on anyone parcel
of property zoned for, and used for, residential purposes.
More than one tower may be allowed by conditional use
permit so long as the installation complies with the other
applicable provisions of this Section.
(5) Any city cost or testing or verification of compliance shall be
borne bv the applicant.
(d) Fees. The fee(s) to be paid in connection with WECS shall be as
prescribed in the City's most recent, adopted fee schedule.
(e) Inspections. WECS may be inspected by an official of the building
department to determine compliance with original construction
standards. Deviation from the original construction for which a permit
is obtained constitutes a violation of this section. Notice of violations
will be sent by registered mail to the owner of the WECS and the
property owner upon which the WECS is located who will have thirtv
(30) days from the date notification is issued to make repairs Upon
completion of the repairs, the owner/applicant shall notify the
building official that the repairs have been made.
Subd. 4. Permitted. Conditionally Permitted and Prohibited WIND ENERGY
CONVERSION SYSTEMS (WECS)
A. Permitted WECS. (This section is reserved)
B. Conditionally permitted WECS. Non-commercial WECS shall be permitted in all
zoning districts upon the issuance of a conditional use permit subiect to the
provisions of this Section and the provisions of the underlying zoning district in
which the WECS is to be located.
Commercial WECS are permitted in all zoning districts, except as noted in subpart
( c) below, upon issuance of a conditional use permit and are subiect to the provisions
of this section.
4
C. Annual Review of Conditional Use Permits. All WECS conditional use
permits shall be subiect to an annual review by City staff. Information related to annual
CUP reviews shall be provided to the City's Board of Adjustment and Appeals.
C. Prohibited WECS. All WECS are prohibited in the environmental overlay districts,
i.e. the Flood Plain and Shoreland Overlay Districts, as well as conservation
easements.
Subd. 5. Performance Standards.
(a) Safety Desien Standards.
(1) Engineering Certification. For all WECS, the manufacturer'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) Clearance.
a. Non-commercial WECS: Rotor blades must maintain
at least twelve (12) feet of clearance between their
lowest point and the ground.
b. Commercial WECS: Rotor blades must maintain at
least fifteen (15) feet of clearance between their lowest
point and the ground.
(3) Rotor Safety. Each commercial WECS shall be equipped with
both a manual and an automatic braking device capable of
stopping the WECS operation in high winds (40 miles or
greater ).
(4) Lightning Protection. Each WECS shall be grounded to
protect against natural lightning strikes in conformance with
the National Electrical Code.
(5) Warnings. For all commercial WECS, a sign or signs shall be
posted on the tower, transformer and substation warning of
high voltage, stating the manufacturer's name and listing an
emergency phone number. Fencing for security purposes may
also be required as a condition of CUP approval
(b) Standards.
(1) Total Height of WECS Towers.
(a) Non-commercial WECS towers shall have a total
height of no more than sixty (60) feet.
5
(b) Commercial WECS towers shall have a total height of
no more than one hundred fifty ( 1 75) feet.
(c) WECS may be permitted that are roof-mounted, but if
roof-mounted shall be limited to no more than ten (0)
feet in height above the roof unless a determination is
made in the conditional use permit that a different
height is appropriate.
(2) Tower Configuration.
(a) All towers that are part of a WECS, except
meteorological towers, shall be installed with a tubular,
monopole type tower.
(b) Meteorological towers may be secured by guy wires.
(3) Setbacks. The following setbacks shall be applied to WECS
towers, but are not applicable to roof-mounted WECS that are not
towers.
Non-
commercial Commercial Meteorolo2:ical
WECS WECS Towers
Property 1.1 times the 1.1 times the The fall zone,
lines total height total height as certified bv a
plus ten feet plus ten feet professional
engineer plus
10 feet or 1.1
times the total
height
Neighboring 1.1 times the 1.25 times the The fall zone,
Dwellings total height total height as certified bv a
plus ten feet professional
engineer plus
10 feet or 1.1
times the total
height
Road The fall zone, The fall zone, The fall zone,
Rights-of- as certified as certified as certified by a
Way bya by a professional
professional professional engineer plus
engineer plus engineer plus 1 0 feet or 1.1
10 feet or 1.1 10 feet or 1.1 times the total
times the times the height
total height total height
Other The lesser of The lesser of The fall zone,
6
Non-
commercial Commercial Meteorolo2;ical
WECS WECS Towers
Rights-of- 1.1 times the 1.1 times the as certified by a
Way total height total height professional
plus ten feet plus ten feet engineer plus
or the or the ten feet or 1.1
distance of distance of times the total
the fall zone, the fall zone, height
as certified as certified
" by a by a
professional professional
engineer plus engineer plus
ten feet ten feet
Other The fall zone, The fall zone, The fall zone,
Structures as certified as certified as certified by a
by a bva professional
professional professional engineer plus
engineer plus engineer plus ten feet or 1.1
ten feet or ten feet or 1.1 times the total
1.1 times the times the height
total height total height
Other NA To be
Existing determined
WECS through the
CUP review
based on
relative size
of existing
and proposed
WECS,
alignment of
WECS
relative to
predominant
winds,
topography,
extent of
wake
interference
on existing
WECS, and
other
setbacks
required; may
be waived for
multiple
turbine
7
Non-
commercial Commercial Meteorolo2:ical
WECS WECS Towers
projects.
(4) Color and Finish.
(a) All wind turbines and towers that are part of a WECS
shall be white, grey or another non-reflective, neutral
color.
(b) Blades may be black in order to facilitate deicing.
(c) Finishes shall be matte or non-reflective.
(5) Lighting. Lighting, including lighting intensity and frequency
of strobe, shall adhere to but not exceed requirements
established by Federal Aviation Administration (FAA) permits
and regulations. No additional lighting, other than building
security lighting, is permitted.
(6) WECS sites. The design of the buildings and related structures
shall, to the extent reasonably possible, use materials, colors,
textures, screening and landscaping that will blend the WECS
to the natural setting and then existing environment.
(6) Signs. The manufacturer's or owner's name and/or logo may
be placed on the nacelle of the WECS. No other signage shall
be permitted.
(7) Feeder Lines. All communications and feeder lines, equal or
less than 34.5 kilovolts in capacity, installed as part of a
WECS shall be buried where reasonably feasible. Feeder lines
installed as part of a WECS shall not be considered an
essential service.
(8) Waste Disposal. All solid and hazardous wastes, including but
not limited to crates, packaging materials, damaged or worn
parts, as well as used oils and lubricants, shall be removed
from the site promptly and disposed of in accordance with all
applicable local, state and federal regulations.
(9) Maximum Vibration.
(a) Any WECS shall not produce vibrations through the
ground that are perceptible by humans beyond the
property on which it is located.
8
(b) Non-commercial WECS shall not be placed in a
manner that causes shadow flicker onto neighboring
property. Whether shadow flicker would be caused
will be determined based on a shadow report submitted
to the City for review.
(c) Applications for conditional use permits for both non-
commercial and commercial WECS shall include data
and/or analysis of both vibration and flicker impacts.
(10) Discontinuation and Decommissioning. A WECS shall be
considered a discontinued use after one (1) year without
energy production, unless a plan is developed and submitted to
the City outlining the steps and schedule for returning the
WECS to service.
a. All WECS and accessory buildings shall be removed
in their entirety including all footings and foundations
within ninety (90) days of the discontinuation of use.
b. Each Commercial WECS shall submit a
Decommissioning Plan outlining the anticipated means
and cost of removing the WECS at the end of its
serviceable life or upon becoming a discontinued use.
The plan shall also identify the financial resources that
will be available to pay for the decommissioning and
removal of the WECS and accessory facilities. The
Decommissioning Plan shall be submitted as part of
the conditional use permit application.
c. The City shall require financial surety in the form of a
cash escrow, irrevocable letter of credit or performance
bond to ensure that decommissioning of the
Commercial WECS is completed.
Subd. 6. Other Applicable Standards.
(a) Noise. All WECS shall comply with the MPCA and City of Shakopee
standards for noise.
(b) Electrical Codes and Standards. All WECS and accessory equipment
and facilities shall comply with the National Electrical Code and other
applicable standards.
(c) Federal Aviation Administration (FAA). All WECS shall comply with
FAA standards and permit requirements.
(d) Building Code. All WECS shall comply with the Minnesota Building
Code as adopted by the State of Minnesota and the City of Shakopee.
9
(e) Interference.
(1) The applicant shall minimize or mitigate interference with
electromagnetic communications, such as radio, telephone,
microwaves, or television signals caused by WECS.
(2) The applicant shall notify all communication tower operators
within two (2) miles of the proposed WECS location upon
application to the City for a permit to operate a WECS.
(3) No WECS shall be constructed so as to interfere with public
safety telecommunications as determined by the City's public
safety departments.
Adopted in session of the City Council of the City of Shakopee, Minnesota held
the day of ,2009.
Section 2. Summary Approved. The City Council hereby determines that the text of the
summary ordinance marked "Official Summary of Ordinance 824", a copy of which is attached
hereto, clearly informs the public of the intent and effect of the ordinance. The Council further
determines that publication of the title and such summary will clearly inform the public of the intent
and effect of the ordinance.
Section 3. Posting and Filing. A coPy of this ordinance is filed in the office of the City
Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a
copy is available for inspection by any person during regular office hours.
Section 4. The City Clerk shall publish the title of this ordinance and the official summary
in the official newspaper with notice that a printed coPy of the ordinance is available for inspection
by any person during regular office hours at the office of the City Clerk and Shakopee Library.
Section 5. Effective Date. This ordinance becomes effective from and after its passage and
publication.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of ,2009.
10
Official Summary of Ordinance No. 824
The following is the official summary of Ordinance No. 824, Fourth Series, approved by the City
Council of the City of Shakopee, Minnesota on August 18, 2009.
ORDINANCE 824, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA,
AMENDING CHAPTER 11 (ZONING) OF THE CITY CODE
TO ESTABLISH REGULA nONS FOR WIND ENERGY CONVERSION SYSTEMS
1. Revises portions of Chapter 11 (Zoning) of the City Code.
2. Establishes regulations for wind energy conversion systems (WECS) in the City of
Shakopee
3. Establishes regulations and criteria for the construction, operation and de-commissioning of
WECS in the City of Shakopee.
A printed copy of the ordinance is available for inspection by any person at the office of the City
Clerk and the Shakopee Library.
11