Citizens' Environmental Commission

Agenda City of DeKalb Citizen’s Environmental Commission June 5, 2013 4:30PM Annex Conference Room 223 South Fourth Street I. Welcome II. Approval of Agenda III. Public Comments IV. Approval of Minutes from May 1, 2014 V. News and Announcements VI. New Business a. Approval of the Proposed Solar Energy Ordinance b. Discussion and Timetable for Approval of the Sustainability Plan c. Other Commission Goals and Timelines VII. Report from City Liaison: Jennifer Diedrich VIII. Report from DeKalb County Health Department Liaison: Christel Springmire IX. Report from DeKalb Park District Liaison X. Report from NIU Green Team Liaison: Scott Mooberry XI. Update on Cooperative Effort with NIU Environmental Studies: Melissa Burlingame XII. Date for next meeting (Thursday, July 3, 2014—4:30 PM) XIII. Adjournment  City of DeKalb Citizen’s Environmental Commission Minutes of May 1, 2014 The meeting was called to order at 4:32pm. Members present: Bill Oleckno, Melissa Burlingame, Ken Koch, Mark Hein, Scott Mooberry and Sharon Skala. Dan Kenney arrived at 4:45p. Staff: TJ Moore. Ex Officio Members: Christal Springmire and Lisa Small. Approval of Agenda: Sharon moved to approve the agenda, seconded by Ken Koch. Agenda approved by voice vote 6 0. Approval of Minutes: Scott Mooberry moved to approve the March minutes, seconded by Mark Hein. Approved by voice vote of 6-0. 1. Chair Oleckno called the meeting to order and asked if there were any public comments. Dale Osterle was present as a member of the sustainable master plan working group. She had no comments at this time. 2. Jennifer Diedrich reported that the sustainability master plan draft has been sent to City staff for comments. She plans to have a memo with their comments incorporated at the June meeting. Bill asked about how the commission should incorporate the comments, and the commission decided that that the comments will be incorporated and voted on before they are posted to the website. 3. Jennifer also reported that the City passed an Earth Day resolution at the April 21st meeting to encourage residents to support Earth Day. The City Hall remodeling is moving forward and sustainability is incorporated into the proposal. 4. Christal Springmire reported that the 2013 Solid Waste Annual Report is ready for public dissemination. The recycling rate is down from last year at 51%, but last year was higher due to a large amount of construction materials that were recycled. The disposal (landfill) rate was included with the report this year, which is 4.26 lbs/person/day. This rate will continue to be reported and will be used to motivate DeKalb county residents to reduce their amount of waste. [The disposal rate is unequivocally correct, whereas the recycling rate is voluntarily reported and subject to error.] The average disposal rate for the US citizen is 4.4 lbs/person/day. Many companies are headed towards organics recycling as a way to reduce the amount of waste that goes into the landfill. The zero waste task force continues to meet once per month and the recommendations will be reported to the County Board. The EPA-sponsored Household Hazardous Waste collection will be June 21st and will be held on the NIU campus (parking lot 25). The regular e-waste collections have improved with the new company, New Life Electronics Recycling (based in Oswego). 5. Lisa Small reported that the Park District has applied for a grant to pay for youth to build sensory and butterfly gardens over the summer. The Nehring garden will  be dedicated on May 29th. 6. Scott Mooberry reported he has been working with Christal Springmire to hold the Household Hazardous Waste collection on the NIU campus. 7. Melissa Burlingame reported that there are 12 students graduating with degrees in Environmental Studies in May. She also reported that the groundbreaking for the Communiversity Garden is May 8th at 2:30 pm on the east side of Anderson Hall. 8. Bill Oleckno asked for comments on the proposed Solar Energy Systems Ordinance to be submitted to the City for consideration. Sharon commented that she would like to see ComEd removed from the process. Bill explained that ComEd is not involved at all unless one chooses to connect to the grid, which would require its approval. Melissa asked abut how the permit fees would apply in these situations. Bill responded that this will be up to the City. Ken asked questions about some of the administrative procedures that would apply before, during, and after securing a permit. Due to time limitations, not all these items could be addressed at the meeting. These will be answered prior to the next Commission meeting when a final vote on the proposed ordinance will be made. 9. The date for next meeting will be June 5th, 2014 at 4:30pm. 10. Melissa Burlingame moved to adjourn the meeting at 6:05 pm, seconded by Sharon Skala. The meeting was adjourned. Respectfully submitted by Melissa Burlingame Secretary, Environmental Commission  Proposed Solar Energy Systems Ordinance Prepared and Approved by the Citizen Environmental Commission for the City of DeKalb June 5, 2014 A. Purpose and Scope 1. This ordinance is intended to promote the safe and efficient construction, installation, and operation of solar energy systems as alternative means of renewable energy production in the City of DeKalb. The ordinance also seeks to protect the health and well-being of those residing or working in close proximity to solar energy systems. 2. This ordinance applies to all newly constructed, installed, substantially modified, or relocated solar energy systems after the effective date of the ordinance. It shall apply to all solar energy systems as defined herein and located in all zoning districts within the City. B. Definitions 1. Solar Energy System (SES). A Solar Energy System is a structure or device designed to collect the sun’s radiant energy (solar radiation) for conversion into electrical or thermal energy for practical purposes. Excluded from this definition are passive structures, such as windows or greenhouses; solar farms, which are massive collections of solar systems covering extensive land areas; and public utilities, which are regulated by the State. For the purpose of this ordinance, there are two major types of SESs as defined below. a. Photovoltaic System (PVS). A Photovoltaic System is one that converts solar radiation into electrical energy using photovoltaic cells. b. Solar Thermal System (STS). A Solar Thermal System is one that heats water or other liquids directly or indirectly using solar radiation. This type of system is often used for space heating as well as to heat water or generate electricity. 2. Building-Mounted Solar Energy System (B-M SES). A Building-Mounted Solar Energy System is one that is attached to an existing building or other free-standing structure. This definition includes, but is not limited to, roof- mounted and side-mounted SESs on buildings or other structures as well as those mounted on light poles, towers, etc. 1  3. Ground-Mounted Solar Energy System (G-M SES). A Ground-Mounted Solar Energy System is one that is attached to the ground and not affixed to an existing building or other free-standing structure. 4. Substantially-Modified Solar Energy System. A Substantially-Modified Solar Energy System is one that has been physically modified so that its size, type, or components is different from that of the original system. Replacement of existing equipment with comparable components is not considered substantial modification. C. Permits 1. It shall be unlawful to install, substantially modify, relocate, or operate a SES within the City of DeKalb without a valid permit. Permits may be granted in all zoning districts within the City. 2. Upon application for a permit, the applicant shall provide the City with detailed plans for the construction, installation, or operation, or substantial modification or relocation, of the proposed or existing SES. The plans shall clearly show the major components of the system and their intended or existing locations. A sketch detailing all other structures and property lines within a two-hundred (200) foot radius of the proposed SES shall also be provided. If the owner/leaseholder of the SES intends to connect the system to a utility’s grid, written confirmation and approval from the utility is required. D. Design Requirements 1. General. a. All solar energy systems used in the City of DeKalb shall be manufactured and designed to comply with applicable industry standards, including the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), and other appropriate certifying organizations. In addition, all SESs shall comply with applicable City codes, including City height and location requirements for buildings or other structures. Where City height or location requirements for buildings or other structures in a given zoning district are more restrictive than those covered in this ordinance, the former requirements shall apply. b. Solar energy systems shall be constructed, installed, operated, and located to minimize potentially adverse impacts on nearby properties or individuals. A SES shall not present a significant nuisance due to solar glare, bright colors, or protrusion onto another property. Building- mounted systems that blend into the structural design of buildings or 2  other structures and ground-mounted systems that can be partially or completely obscured from outside view (e.g., by use of fencing, trees, or other vegetation) are highly encouraged. Advertising is strictly prohibited on SESs except for unobtrusive manufacturer labeling. 2. System height. All SESs shall comply with the applicable height limits shown in Table 1 except as noted in item 1a of this section. Height limits for G-M SESs apply at minimum design tilt. Table 1: Maximum Height Limits Type of System / Residential Commercial Industrial Public Zoning District a. 1 foot above the a. 2 feet above the a. 3 feet above the a. 3 feet above the roof surface of the roof surface of the roof surface of the roof surface of the Building-Mounted building building building building a. Roof-mounted b. 1 foot above the b. 2 feet above the b. 3 feet above the b. 3 feet above the b. Side-mounted highest level of highest level of highest level of highest level of the given the given the given the given structure structure structure structure* Ground-Mounted 10 feet 12 feet 15 feet 15 feet *SESs mounted on City-owned monopoles or towers may extend to a maximum of 5 feet above the height of the monopole or tower. SESs mounted on non-City-owned monopoles or towers are subject to the height requirements stated in Table 1 except as noted in item D.1.a. 3. Location. a. General. (1) Building- and ground-mounted SESs shall be located so as to conform to the design requirements and recommendations outlined in item D.1.b of this ordinance. (2) Ground-mounted SESs shall not be located in wetlands or habitats of protected species of animals or plants. In addition, G-M SESs shall minimize local water retention by restricting impervious surfaces to the foundations anchoring the systems to the ground and by maintaining grass or other suitable penetrable media below all elevated components so as to permit adequate infiltration and percolation of precipitation into the ground. b. Setbacks. (1) Building-Mounted Solar Energy Systems. In addition to required building or other structure setbacks, roof-mounted systems shall not extend beyond the exterior perimeter of the building or other 3  structure. External piping for solar hot water systems may be allowed to extend beyond the perimeter of the building or other structure on a side yard exposure. Side-mounted systems shall be allowed to extend beyond the perimeter of the building or other structure as long as the system components are within applicable building or other structure setbacks for the given zoning district. (2) Ground-Mounted Solar Energy Systems. Ground-mounted SESs shall be setback a distance equal to one (1) times the maximum height of the system when oriented at minimum design tilt or a minimum of six (6) feet, whichever is greater. Setbacks shall be measured as the distance from the outer edge of the system to the adjacent property line. Ground-mounted systems in residential and commercial zoning districts shall not extend into front or side yards. All exterior electrical and plumbing lines shall be buried below ground and placed in suitable conduits or otherwise protected from the elements. 4. Safety. a. The installation of a SES shall be conducted by a qualified installer. b. All electrical and plumbing connections in a SES shall comply with applicable City and State codes. c. Building-mounted SESs shall meet all applicable fire prevention and building code requirements. In addition, all solar-related conduits, electrical panels, and disconnects on B-M SESs shall be easily identifiable by fire protection personnel. d. Where storage batteries or electrical transformers are employed as part of a SES, they shall be clearly labeled with warnings and securely enclosed or otherwise contained so as to minimize potential electrical shock, fire, or explosion. E. Abandonment and Removal. 1. Any SES that is not in good working order for a continuous period of 12 months shall be considered abandoned. The City may issue a Notice of Abandonment to the permit holder where the system is located, and the permit holder shall be responsible for having the system completely removed from the property within six (6) months. 2. Within 30 days of a Notice of Abandonment the permit holder may request that the City delay its designation of abandonment by submitting satisfactory documentation that the system has not been abandoned, as defined in this ordinance, along with a specific date by which the system will be fully 4  operational and in good working order. If the request is satisfactory upon examination of the supporting documents and an onsite inspection, the Notice of Abandonment shall be rescinded by the City. 3. At least 30 days prior to commencing removal of a SES, a plan indicating how the system will be removed shall be submitted to the appropriate City office by the permit holder. Removal of a SES shall be complete, including all system components together with integral electrical and plumbing parts, and shall be conducted so as to comply with all applicable safety and building codes or regulations. The site shall be restored to its original condition. F. Restrictions. The installation, operation, or substantial modification of SESs shall not be unduly limited by homeowners’ agreements, covenants, or other contracts among dual or multiple party owners in any subdivision of the City to a greater extent than the requirements contained in this ordinance. G. Solar Easements. The right of a property owner in the City of DeKalb to create a legal agreement with one or more neighboring property owners so as to protect access to direct sunlight essential to the effective operation of a solar energy system shall not be restricted. Solar easements shall be entered into and filed in accordance with applicable State and local laws. H. Violations. It shall be unlawful for any person or entity to construct, install, operate, or substantially modify a SES that is not in compliance with the provisions of this ordinance or with any condition contained in a permit issued pursuant to this ordinance. Solar energy systems installed prior to the effective date of this ordinance are exempt except when substantially modified. I. Penalties. Anyone who fails to comply with any applicable provision of this ordinance or a permit issued pursuant to this ordinance shall be subject to enforcement and penalties as stipulated in the City’s zoning code. J. Waivers. Upon written request, the City of DeKalb may issue a waiver for a specific requirement of this ordinance provided the waiver does not present an undue burden on adjacent property owners. Waivers shall not be granted without an open hearing that takes into account the support or opposition of those affected by the ruling. A special permit shall be required for a waiver. K. Severability. The provisions of this ordinance are severable, and the invalidity of any section, subdivision, paragraph, or other part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. L. Effective Date. This ordinance shall become effective on _____________________. 5