The URL can be used to link to this page

Home My WebLink About2020-03-09 20-098 ORDINANCETitle, Ordinance 20-098 03/09/2020 CITY COUNCIL ACTION Council Meeting Date: March 9, 2020 Item No: 20-098 Responsible Dept: Legal/Planning Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, Section 165 by Defining, Regulating and Allowing for a New Use Called Solar Array Summary This ordinance language defines a new use, solar array, establishes conditions and criteria for the use, and allows the use in most districts as what is called an overlay. At present, the city has goals to support sustainable development and solar technology. There is, however, no mechanism to allow for solar structures to support community or utility needs. There is interest in the market to develop this use in Bangor. This ordinance amendment provides criteria and controls to address any impacts. This effort comes under the following Council goals to ensure "Environment, Infrastructure and Sustainability — Ensure that Bangor develops sustainable practices towards resource utilization and protection." Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals Meeting Date: March 3, 2020 For: Against: As this is an amendment to the Land Development Code, it should also be referred to the Planning Board meeting of March 17, 2020. V 1 1 City Manager City Soli Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: March 9, 2020 Assigned to Councilor: Nichols 20-098 03/09/2020 ORDINANCE, Amending Chapter 165, Land Development Code, Section 165 by Defining, Regulating and Allowing for a New Use Called Solar Array WHEREAS, at present, the city has goals to support sustainable development and solar technology; WHEREAS, at present, there is no mechanism to allow for solar structures to support community or utility needs; WHEREAS, there is interest in the market to develop this use in Bangor; WHEREAS, this ordinance amendment provides criteria and controls to address any impacts; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor is amended as follows: 165-13 Definitions SOLAR ARRAY A system of around mounted solar modules including system equipment and energy storage systems designed to connect to the electrical grid to generate electricity. § 165-80.2 Solar Array Overlay A. Statement of Purpose. The Solar Array Overlay Zone is intended to allow solar utility installations where site-specific criteria are met. The use is regulated to ensure impacts are mitigated. Solar utilities enhance our alternative energy sources and decrease carbon emissions. The consumption of land for this use is balanced with the need to provide land for development in keeping with the city's other economic and housing policies. B. Exemptions from Plannina Board review. The followina solar arrays do not require a land development permit, but shall be subject to zoning compliance and standards in this ordinance: (1) Roof -mounted or building integrated solar shingles,, panels or canopies. 20-098 03/09/2020 (2) Free-standing solar panels occupying less than and including 2,000 square feet of surface area on a lot as an accessory structure primarily serving the power needs of the principal use. (3) Free-standing solar panels on a lot as a principal use whereby the panels occupy up to and including 5,000 square feet of surface area and primarily serving the power needs of abutting property owners. C. Prohibitions. Solar arrays are not allowed in the following districts: (1) Resource Protection. (2) Park and Open Space District. (3) Stream Protection District. D. Zoning Compliance. (1) Except as provided in subsection (C) above, solar arrays are allowed in all districts, subject to the standards contained in this Code. (2) In the Rural Residence and Agricultural District only, solar arrays may be placed on lots which lack frontage on a public or private street conditional on the provision of evidence of a recorded easement providing access to said lot. For the purpose of assigning yard setbacks, the front yard shall be where the access easement crosses the property line. (3) In the Rural Residence and Agricultural District only, solar arrays may be placed on lots that do not meet the lot size or width requirements conditional upon the array placement meeting the dimensional requirements set forth in this section. (4) Height. Maximum 25 feet. (5) Yard Requirements. All solar arrays shall comply with the yard requirements in their respective districts, except that solar array structures that abut properties in the following districts at the time of application shall be set back twice the amount of side and rear setbacks: Urban Residence 1 (URD - 1), Urban Residence 2 (URD -2), Low -Density Residential District (LDR), Multi -family and Service District, High Density Residential (HDR), and Rural Residence and Agricultural District (RR&A). (6) Buffers. All side and rear setbacks shall be planted with Bufferyard Type D in the following districts: Urban Residence 1 (URD -1), Urban Residence 2 (URD -2), Low -Density Residential District (LDR), Multi -family and Service District, High Density Residential (HDR), and Rural Residence and Aaricultural District (RR&A). Front setbacks shall be planted using Bufferyard Type E in all districts. E. Standards for solar array review. The Planning Board must, in addition to their review of the use under Article XVI, Land Development Permit, also ensure that the following standards are met: (1) Glare. Solar array structures shall be constructed to minimize glare beyond the property line. (2) Decommissioning Plan. A decommissioning plan must be approved by the City and signed by the party responsible for decommissioning and the landowner (if different). Such plan must be filed in the Registry of Deeds prior to the first operation of the array. Decommissioning shall occur within 12 months of the facility ceasing to operate. (3) Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate 20-098 03/09/2020 soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above around if required by the utility_ provider. (4) Confirmation of Use. The owner or lessee shall provide written confirmation that the utility company_ to which the solar array is proposed to be connected has been informed of the intent to install a and connected system. F. Other standards. The Code Enforcement Officer shall ensure the followina standards are met: (1) Confirmation of Utility connection. Prior to the issuance of a certificate of occupancy, the Owner/lessee shall provide a copy of the final inspection report and connection approval from the utility company_ (2) Bond/Surety. Prior to the issuance of a building permit, the owner/lessee shall provide the Code Enforcement a performance bond in an amount approved by the City Engineer to cover the cost of removal should the solar array be abandoned, all in a form approved by the City Solicitor. A solar array where the panels occupy up to and including 10,000 square feet of surface area is exempt from this standard. (3) Emergency services. Prior to the issuance of a building permit, the owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the Fire Chief. Upon request from the City, the owner or operator shall coordinate with local emergency services in developing an emergency response plan. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. (4) Abandonment. (a.) Abandonment will occur as a result of any of the following conditions unless the lessee or owner of the facility or of the parcel notifies the Code Enforcement Officer of the intent to maintain and reinstate the operation of the facility within 30 days of the following events: fit If applicable, the land lease between the owner of the property and the owner or operator of the solar array ends; or F21 The system does not function for 12 months; or F31 The system is damaged and is not repaired or replaced within 12 months. (b.) A notice of the intent to maintain and reinstate the operation of the facility shall be updated every six months with a statement of the progress made towards that goal, delivered to the code enforcement officer. (c) If the facility has not returned to operational condition within two years from the date of the first notice of the intent to maintain and reinstate the operation of the facility the Code Enforcement Officer shall find the facility has been abandoned unless there is documentable evidence of significant progress and in the Code Enforcement Officer's opinion the return to operation is likely_ to be completed in a timely manner. (d) Upon determination of abandonment based on the foregoing, the Code Enforcement Officer shall notify the party (or parties) responsible by certified or first class mail to last known address or by hand delivery that they must remove the facility and restore the site to its condition prior to development within one year of notice by the Code Enforcement Officer. A copy of the notice 20-098 03/09/2020 shall be forwarded by the Code Enforcement Officer to the City Council. fil In the event the lessee of the facility fails to remove the array and its components within one year as outlined above, the landowner shall remove the facility within 90 days of notice by the Code Enforcement Officer. 1-21 In the event the landowner fails to remove the facility within 90 days as stated above, the City of Bangor shall have the facility removed at the expense of the landowner. 1-31 Any unpaid costs associated with the removal after one year of removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate of the array site. (5) Interference. All solar array structures shall be operated and located such that no disruptive electromagnetic interference with signal transmission or reception is caused beyond the site. If it has been demonstrated to the code enforcement officer that the system is causing disruptive interference beyond the site, the system operator shall promptly eliminate the disruptive interference or cease operation of the system. § 165-111 Site Developments requiring permit A. Any activity covered under this chapter shall require a land development permit under the following conditions: (2) Solar array, except as provided in Section 165-80(3)(B). IN CITY COUNCIL MARCH 9,2020 COrd 20-098 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF MARCH 17,2020 CITY CLERK APRIL 13,2020 COrd 20-098 MOTION MADE AND SECONDED FOR PASSAGE MOTION MADE AND SECONDED TO POSTPONE TO NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING MOTION MADE AND SECONDED FOR PASSAGE VOTE 8 -0 COUNCILORS VOTING YES: FOURNIER,HAVES,NICHOLS, OKAFOR, SCHAEFER, SPRAGUE, SUPICA, TREMBLE COUNCILORS VOTING NO: NONE PASSED CITY CLERK APRIL 27,2020 Cord 20-98 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9—0 COUNCILORS VOTING YES: FOURNIER, HAVES,NICHOLS, OKAFOR, SCHAEFER, SPRAGUE, SUPICA,TREMBLE,DAVITT COUNCILORS VOTING NO: NONE PA � : CIti'CLEiW