11-08-23 PC Agenda - Laserfiche WebLink

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Minnesota Model Solar Ordinance 11 c. Ground cover and buffer areas - 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 Model Community. 1. Large-scale removal of mature trees on the site is discouraged. Model Community may set additional restrictions on tree clearing or require mitigation for cleared trees. 2. The project site design shall include the installation and establishment of ground cover meeting the beneficial habitat standard consistent with Minnesota Statutes, section 216B.1642, or successor statutes and guidance as set by the Minnesota Board of Water and Soil Resources (BWSR). 3. The applicant shall submit a planting plan accompanied by a completed “Project Planning Assessment Form” provided by BWSR for review by BWSR or the County SWCD. 4. Beneficial habitat standards shall be maintained on the site for the duration of operation, until the site is decommissioned. The owner of the solar array shall complete BWSR’s “Established Project Assessment Form” at year 4 and every 3 years after that, and allow the County SWCD to conduct a site visit to verify compliance. 5. Model Community may require submittal of inspection fee at the time of the initial permit application to support ongoing inspection of the beneficial habitat ground cover. 6. The applicant shall submit a financial guarantee in the form of a letter of credit, cash deposit or bond in favor of the Community equal to one hundred twenty- five (125) percent of the costs to meet the beneficial habitat standard. The financial guarantee shall remain in effect until vegetation is sufficiently established. d. Foundations - A qualified 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. e. Power and communication lines - Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by Model Community in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator. Ground Cover Standards Minnesota has created a “beneficial habitat” certification, administered by the Board of Soil and Water Resources (BWSR) to enable local governments and solar developers to certify principal use solar as having achieved the co- benefits of using the site as pollinator habitat. Establishing and maintaining native ground cover creates important co-benefits to the community or the property owner. Native grasses can be harvested for forage and wildflowers and blooming plants can create pollinator and bird habitat, and maintaining the site in native vegetation will build soils that can be turned back into agriculture at the end of the solar farm’s life. Site Design in Conditional Use Permit Certain site design elements may be included in a community’s conditional use permit for community- and large-scale solar. Best practices for habitat-friendly solar site design include, for instance, that: • panels be at least 36 inches off the ground to allow mowing and other maintenance, • panels be spaced to allow vegetation to be self-sustaining, • maintenance standards limit or prevent pesticide use. Financial Surety Communities frequently require bonds or similar financial guarantees when infrastructure improvements are required for a development project. The beneficial habitat installation can be considered in a similar light. Establishing a self-sustaining pollinator or native habitat ground cover requires maintenance over the first 2-3 years, and some maintenance over the life of the project.