Departments  »  Planning and Zoning

62.930 AREA ACCESSORY DEVELOPMENT

Subdivision1.  Public or cultural facilities developed to meet the social or physical needs of a neighborhood or of the City as a whole are permitted according to the regulations contained in this section.

Subd. 2.  Area accessory developments include:

1. The erection, construction, alteration or maintenance by a public or private utility, or by a governmental agency, of an underground or overhead gas, electrical, steam, water or communication distribution system, including commercial wireless telecommunication service towers, or a waste or runoff disposal systems, or public safety system, including poles, wire, mains, drains, sewers, pipe, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, solid waste collection stations, WECS, WECS Meteorological Tower, Solar Collection System and other similar equipment and accessories in connection therewith, necessary for the furnishing of adequate service by such public utilities or governmental agencies or for the public health or safety or general welfare.
   
   
2. Utility stations, such as static transformer stations, booster stations, transmitters, water or sewage pump stations, storage reservoirs, provided that there is no yard or garage for service or storage.
   
   
3. Major water and sewer facilities, such as treatment plants, and public waste to energy plants.
   
   
4. Public emergency service facilities or other public service facilities needing location in the area to permit effective service within the area, such as branch post offices.
   
   
5. Public park or recreation areas, non-profit community centers, and centers for neighborhood social services. 
   
   
6. Nursery, elementary and secondary schools. 
   
   
7. Churches, convents, monasteries. 
   
   
8. Major governmental or non-profit organization office buildings.
   
   
9. Publicly owned cultural facilities, such as museums, libraries, art galleries, auditoriums, civic centers, or advanced education facilities.
   
   
10. Structures used for the collection of recyclable materials such as paper, glass or aluminum.  This does not include containers utilized in the recycling of such materials.
    
    
11. Cemeteries, columbariums or mausoleums.
    
    
12. Social service center providing meals/sleeping or other without trained personnel on a volunteer basis. 
    
    
13. Post secondary degree granting public or private colleges and universities.

Subd. 3.  Certain other public uses, such as landfills, correctional facilities, or hazardous waste facilities, are approved under the regulations of section 62.700.

62.931

Zoning Certificate Required:  No area accessory development shall be established or constructed unless a zoning certificate evidencing compliance with the provisions of this ordinance has been issued.  Facilities listed in Paragraph 62.930 (1) do not require zoning certificates if reviewed as part of a Land Subdivision, Site Planning or Conditional Use Permit, or as part of a public improvement project sponsored by a governmental agency.

62.932

Lot Size Requirements:  All area accessory developments shall be located on sites of sufficient size for the development intended so that all requirements for bufferyards, setbacks, access, and other criteria specified by this ordinance may be met.

62.933

Permitted Zoning Districts:  Area accessory developments which may be permitted in R-Sa, R-1, R-1x, R-2, R-3, R-4 or the Developing District Residentially Planned Areas and CDC-Residential Areas are limited to Section 62.930, Subd. 2 (A), (B), (D), (E), (F), (G), (J), (K) and (L).  The area accessory development described in Section 62.930, Subd. 2(M) is permitted in the CDC-Residential District.  WECS and WECS Meteorological Towers may be permitted as a Type III, Phase I conditional use permit in the CDC zoning districts.  The Common Council shall be the hearing body.  All uses listed in section 62.930 may be permitted in any nonresidential district.  Applicable general zoning district and site appearance standards are found in the appropriate zoning district tables.

62.934

Miscellaneous Standards:  

1. Public Bus Shelters:  Public bus shelters used for the temporary sheltering of passengers using public buses, may be exempted by the City Council from any or all of the requirements contained in this ordinance provided, however, that no public bus shelter shall be constructed without prior review and approval by the City Council of the design and location of such shelter.  A variance shall not be required for the granting of such exemption.
   
   
2. Recycling Drop Boxes:  Such structures may be located anywhere on a lot except in a required traffic visibility area or a required bufferyard.
   
   
3. Storage reservoirs shall be setback from all property lines a distance equal to the height of structure.

       

62.935

Off Street Parking Required:   Off-street parking spaces shall be required for all area accessory uses according to the following schedule.  All parking areas shall conform to the design requirements of chapter 63.400.   

USE	PARKING SPACES REQUIRED
Churches, Auditoriums & Other places of Assembly	1 space per 4 seats
Elementary & Nursery Schools	1 space per employee
Middle & Senior High Schools	1 space per every two employees plus 1 space for every ten students or 1 space for every four seats in the largest assembly hall (whichever is greater)
Public Libraries, Art Galleries, Museums, etc.	1 space per 500 square feet floor area
Offices	1 space per 400 square feet floor area
Colleges and Universities Other Uses	Parking study must be submitted, but not less than 1 space per classroom and other rooms used by students and faculty plus 1 space per 5 students based on the maximum number of students attending classes at any one time.
Other Uses	1 space per two employees on the largest work shift.

62.936

Accessory Site Location Standards:  Site location standards shall be met for all area accessory uses according to the following table:  

62.936 AREA ACCESSORY DEVELOPMENTS SITE LOCATION STANDARDS

The standards in this table identify the Site Location Requirements for Area Accessory Developments in all Zoning Districts.  The Site Location Requirements are described in section 63.250.  The permitted uses are described in section 62.930, subd. 2 (A) – (M).

LIST OF PERMITTED USES

ZONING DISTRICTS

Residential Uses

B-5

All Other Districts

Utilities (A)
Utility Stations (B)
Major Water and Sewer Facilities (C)	*	J	E
Public Emergency Facilities (D)	J	J	J
Parks and Recreation Facilities (E)
Neighborhood	E	E	E
Regional	D	D	D
Schools (F)
Nursery	E	E	E
Elementary	D	D	D
Secondary	J	J	J
Churches (G)	E	E	E
Government/Non-Profit Offices (H)	*	D
Cultural Facilities (I)	*	D
Bus Shelters
Recycling Containers (J)	*	D,F
Cemeteries (K)	E	E	E
Social Services Centers (L)	A
Colleges and Universities (M)	*except in the CDC Res.  Where E required

NOTES:

“Residential” includes R-Sa, R-1, R-1x, R-2, R-3, R-4, AG, Developing District Residential and CDC-Residential means that the use is not permitted in the districtA blank means that there is not a Site Location Requirement

62.937

Commercial Wirless Telecommunication Services and Towers:  Subdivision 1.  Purpose.  The City of Rochester acknowledges the legal right of wireless telecommunications providers to do business within the City.  The City further acknowledges that, pursuant to federal law, the City’s regulations must be nondiscriminatory, must not be based on the health effects of radio frequency emissions and must not prohibit the delivery of telecommunications services.  Accordingly, in order to establish uniform, nondiscriminatory, and competitively-neutral regulations that protect the public health, safety and general welfare of the community, these regulations are intended to:    

1. facilitate the provision of commercial wireless telecommunication services in City of Rochester and surrounding area;
   
   
2. minimize adverse visual effects of towers through careful design and siting standards;   
   
   
3. avoid potential damage to adjacent properties from tower or antenna failure and weather related occurrences through structural standards, careful siting and setback requirements;
   
   
4. encourage the placement of commercial wireless telecommunication service towers in non-residential zoning districts or alternatively on commercial, industrial, or institutional property and large publicly-owned parcels as is specified in the Locational Priorities section; and   
   
   
5. minimize the total number of existing and new towers needed to serve the community, and maximize the use of existing towers and buildings to accommodate commercial wireless telecommunication service antennas.
   
   

Subd. 2. Locational Priorities and Zoning District Procedural Requirements: 

1. The suitability of sites for commercial wireless telecommunications facilities must be determined based on location and facilities needs.  The table below establishes priorities for location.  The table proceeds from those sites and facilities that the city identifies as having the least impact designated as #1 (the most attractive settings for new commercial wireless telecommunications facilities) to settings that have the most impact on surrounding residential neighborhoods designated as #9 (considered the least attractive settings).
   
   
2. The table specifies the zoning procedure that will be required.  The procedure is dependent on the zoning district, location, and type of commercial wireless telecommunications facility that is proposed by an applicant.  (Within this table the term “facility” shall apply to any portion of a commercial wireless telecommunications service and related facilities.)

                                        Table 62.937

Subd. 3.  Tower and Accessory Structure Height:  In residential zoning districts telecommunications towers shall not exceed 199 feet in height including the tower and attached antennas.  All proposed towers and all accessory structures or buildings shall meet the maximum height provisions of the underlying zoning district and section 60.424, subd. 6 (A)(3).  The height of towers shall be determined by measuring the vertical distance from the tower’s point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments.  When towers are mounted on top of other structures or buildings, the combined height of the structure or building and tower must meet the height requirements of the applicable zoning district.  Antennas placed on non-telecommunications related structures or buildings shall have a height of not more than 25 feet.       
  

Subd. 4a.  Tower and Accessory Structure Setback:  Towers shall conform to the setback requirements of the underlying zoning district as determined for area accessory development.  Where a tower exceeds maximum height limitations in the zoning district the minimum setback shall be established by subsection C of this section and section 60.424, subd. 6 (A)(3), Design Modification - Height.  Towers located in districts with no height restriction shall be required to meet the setback requirements of section 60.424, subd. 6 (A)(3).  

 
Subd. 4b.  Setback Reduction:  The setback for a proposed monopole tower located in a non-residential zoning district may be reduced in distance from the requirements described in subd. 4a under the following circumstance:  The monopole tower setbacks may be reduced to the dimensions of the defined “fall zone” of the tower if the applicant for the permit so requests and provides an engineering report to the Zoning Administrator that includes a written and illustrative analysis of how and where the tower will collapse upon itself and a scale drawing of the “fall zone.”  However, in all cases in which the monopole tower is proposed to be built adjacent to a residential district, the setback of the tower shall be the height of the tower.    

  
Subd. 5.  Equipment, Structure or Cabinet Setback:  

1. All structures or cabinets shall conform to the setback requirements of the
   underlying zoning district as specified for area accessory development.
   
   
2. Under a conditional use permit the Commission must determine, by means of a Design Modification (sections 60.422-60.423) as part of the conditional use application, the structure or cabinet setback and buffering.  The Commission must consider the lot size, surrounding land uses, site characteristics such as topography and existing vegetation, and proximity of dwellings to the proposed accessory structures.  The Commission must determine the most appropriate method for buffering structures or cabinets by applying the requirements of subsection 11.  
   
   
3. Where fences are used to control unauthorized climbing of towers, the site plan shall conform to the requirements for fence setbacks in Section 63.126.  Fences or walls shall be located between the bufferyards and tower based on the standards of section 63.265, subd. 2.
   

Subd. 6.  Towers and Services as the Principal Use:  In any residential district, a commercial wireless telecommunications tower shall be the only principal use permitted on a lot, except where located on institutional or publicly owned property where it may be an accessory use.  Equipment structures or cabinets serving the telecommunications tower on a property may be permitted as regulated by this section of the ordinance.  Equipment structures or cabinets separate from a tower or antennas may be permitted as specified in subsection 2.
  

Subd. 7.  Tower Design Requirements:

1. Towers and antennas shall blend in to the surrounding environment through
   the use of color and camouflaging architectural treatment except where color is dictated by federal or state authorities.  Tower color shall be a solid color, not multi-colored, and shall be light blue, light beige or rust colored.  Rust color on towers shall be used only on sites where there is a predominance of woodland.
   
   
2. New towers shall be a monopole design.  Existing towers may be used for the placement of antennas and will not be required to be of a monopole design.   
   
   
3. No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow’s nest, or like structure, except during periods of construction or repair when the tower is located in any residential zoning district or located on a lot that is within 200 feet of a residential zoning district, a designated residential area on the land use plan, or where residential uses currently exist.
   
   

Subd. 8.  Antenna Co-location:

1. All commercial wireless telecommunication towers or antennas erected, constructed or located within the City shall comply with the following requirements.
   
   
   1. A proposal for a new tower or antennas shall not be approved unless the City finds that the telecommunications equipment planned for the proposed structure cannot be accommodated on an existing or approved tower or structure within a one mile search radius of the proposed tower due to one or more of the following reasons:
      
      
      1. the planned equipment would exceed the structural capacity of the existing or approved tower or structure, as documented by a qualified and licensed professional engineer, and the existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate planned equipment at a reasonable cost;
         
         
      2. the planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or structure as documented by a qualified and licensed professional engineer or qualified radio frequency engineer and the interference cannot be prevented at a reasonable cost;
         
         
      3. or approved towers and structures within the search radius that are 60 feet or over in height that cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer;
         
         
      4. other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or structure.
         
         
   2. Any proposed tower shall be designed (structurally, electrically and in all other respects) to accommodate both the applicant antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height, or for at least one additional user if the tower is over 60 feet in height.  Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
      
      
   3. Zoning certificate or conditional use permit applicants must submit in writing a response to Section 62.937(8)(A)(1),(2).  Where an applicant is proposing to locate commercial wireless telecommunications equipment on an existing telecommunications tower this information is not required as part of the application.  Where an applicant is proposing to locate commercial wireless telecommunications services on a structure where services now exist this information is not However, if a proposed location is within 200’ of a residential dwelling the applicant shall be required to submit the written information.
      

Subd. 9.  Antennas Mounted on Existing Structures or Towers:  The placement of wireless telecommunication antennas on existing buildings, structures, or towers, and placement of equipment structures or cabinets shall meet the standards of the underlying zoning district as specified for an area accessory development and the procedural requirements and standards of this section.  A site plan and building plan shall be submitted to the City as part of the zoning certificate.


Subd. 10.  Equipment Buildings or Cabinets:  

1. All buildings, excluding cabinets, accessory to a tower or antenna, or separate from a tower or antenna location shall be:
   
   
   1. Constructed of material on the exterior of the building walls and roof similar to the surrounding residential area when located on property in or within 200 feet of a residential zoning district.
      
      
   2. Buffered and screened from adjoining uses as established in subsection 11.
      
      
2. Equipment buildings or cabinets shall meet the height limitations as stated in Section 62.273.
   
   
3. Equipment buildings or cabinets equipped with exterior lighting shall meet the lighting requirements of Section 63.210.  No more than one light located on the equipment structure shall be permitted when the facility is located within a residential zoning district.  The light shall be controlled such that the light is on only during nighttime hours.  The light shall illuminate only the equipment structure to which it is attached.

Subd. 11.  Buffering and Screening:  

1. Towers and equipment structures and cabinets shall be buffered and screened from adjoining uses as established in the requirements of the underlying zoning district for Area Accessory Development and Section 63.260 Bufferyard Regulations.
   
   
2. In a residential zoning district all cabinets located on the ground shall be surrounded by a wood stockade fence that is the same height or higher than the cabinet or related electrical connections, but no more than 6 feet in height.  A fence will not be required where a cabinet is located with one or more other buildings or structures housing telecommunications equipment or located within another structure.
   
   
3. In residential zoning districts equipment structures and towers shall be required to meet minimum requirements for landscaping as specified in one of the following options.
   
   
   1. Location of a new telecommunications service in an existing developed residential neighborhood:  the minimum landscaping required for all property or lease boundaries of a new telecommunications service location shall be the applicable bufferyard requirement of the most restrictive bufferyard required for the property as specified in Section 63.260.
      
      
      (a)  Additional landscaping may be required by the Commission as part of a conditional use permit as specified in this subsection.  The added landscaping may be in response to the size of the property used for the telecommunications towers, equipment structures and cabinets, surrounding land uses, proximity of dwellings on adjacent properties to the lot lines, topography, and existing woody vegetation on the property.
      
      
      (b)  The commission may require that plant material be up to twice the size of the minimum required in Section 63.154.
      
      
   2. Location of a new telecommunications service in an undeveloped residential neighborhood:  The minimum landscaping required of a new telecommunications service location shall consist of the applicable bufferyard requirements as specified in Section 63.260.
      
      
   3. Location of a new telecommunications service in a non-residential zoning district:  The minimum landscaping required of a new telecommunications service location shall consist of the applicable bufferyard requirements as specified in Section 63.260.
      
      
   4. Location of a new telecommunications service at an existing telecommunications service location:  Where a proposed site is found to be non-conforming for bufferyard requirements the applicant shall be required to bring the site into conformance with Section 63.260 where located within a residential zoning district.
      
      
4. All landscaping shall be maintained by the property owner or a designated company or public agency.  All plant material that dies must be replaced within one growing season.
   

Subd. 12.  Signs and Advertising:  The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.


Subd. 13.  Tower Lighting:

1. A tower shall not be illuminated by artificial means and shall not have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers or other illuminating device, except as required by the Federal Aviation Administration, Federal Communications Commission or any state agency.  Strobe lights will not be permitted for night time tower lighting.  The applicant shall choose from alternative lighting standards supplied by the Federal Aviation Administration, Federal Communications Commission or state agency.  The applicant shall submit with their application the required lighting standards specified by these agencies.
   
   
2. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots or similar areas may be attached to the tower.
   

Subd. 14.  Abandoned or Unused Towers:  Abandoned or unused towers and associated facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the zoning administrator.  In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal may be assessed against the property. 


Subd. 15.  Public Safety Telecommunications Interference:  Commercial wireless telecommunications services shall not interfere with public safety telecommunications.  All zoning certificate applications shall include adequate information that will be reviewed by the City and County public safety communications system before a certificate may be issued.  Before the introduction of new service or changes in existing service, telecommunication providers shall notify the City and County at least ten calendar days in advance of changes and allow the City and County to monitor interference levels during the testing process. 


Subd. 16.  Additional Submittal Requirements:  In addition to the information required elsewhere, applications shall include the following information:

1. A report from a licensed professional engineer that describes the tower’s capacity, including the number and type of antennas that it can accommodate.
   
   
2. A letter of intent from the commercial wireless telecommunication service tower owner committing the tower owner and successors to allow the shared use of tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; and
   
   
3. Information specifically indicating how a tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.
   

Subd. 17.  Registration of Commercial Wireless Telecommunication Services and Towers:

1. Purpose.  The purpose of registration under this ordinance is to provide the city with accurate and current information concerning commercial wireless telecommunications services and to assist the city in the administration of this section of the ordinance.  This requirement shall apply to companies that offer or provide services within the City or that own or operate facilities, including but not limited to antennas and towers, within the city.
   
   
2. Registration and Application Requirements.  Commercial wireless telecommunications services and tower companies thatoffer or provide any telecommunications services for a fee directly to thepublic or have facilities within the city shall register and provide to the city, pursuant to this ordinance the following information:
   
   
   1. the identity and legal status of the registrant, including affiliates;
      
      
   2. the name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;
      
      
   3. a narrative and map description of registrants existing telecommunications facilities with the city and adjacent townships; and
      
      
   4. such other information as the city may reasonably require.
      
      
3. This information shall be updated on an annual basis by the companies.  The City may request updates of the list whenever a tower or facility is added or removed from service by a company.

      

62.938 Wind Energy Conversion Systems:

     Subdivision 1.  All WECS and WECS Meteorological Towers shall meet all of the requirements of this section.    

Subd. 2.  Location and Setback Requirements

1. Setback from property lines:
   
   
   1. For freestanding WECS, unless a project site includes multiple properties the setback shall be 1.1 times the total height of the WECS.  Where WECS are proposed that include multiple properties, wind turbine setbacks shall be from the project area boundaries as described in the application. WECS Meteorological Towers shall be setback 1.1 times the total height.
      
      
   2. WECS that are placed on principal or accessory structures and do not exceed the maximum height must meet the minimum setback permitted in the applicable zoning district.  WECS placed on principal buildings must not extend beyond the property line in any operational position.  WECS attached to principal or accessory structures that exceed the maximum height standard and that are reviewed through the Design Modification process (section 60.424) shall meet the minimum setback of 1.1 times the total height of the WECS.
      
      
2. Separation Distance:
   
   
   1. Freestanding WECS with a height of more than 100 feet must be a minimum distance of 600 feet from state wildlife management areas and other MNDNR lands, Types 3-5 wetlands, and from the flood control reservoirs.  This separation distance does not apply to vertical axis WECS.
      
      
   2. For freestanding Small Utility WECS the separation distance from on-site dwelling units shall be 1.1 times the total height of the WECS.
      
      
   3. All components of a WECS must be located at least ten feet from any power line.
      
      
3. Setbacks for accessory structures and facilities.  Substations, facility buildings and other structures that are part of the WECS shall meet the setback requirements for the zoning district in which the project is located.

Subd. 3.  Aesthetic and Environmental Requirements:

1. Tower type:  For Small Utility WECS, the wind turbine towers shall be freestanding and of tubular construction.  Guyed towers are not a permitted structure in any zoning district.
   
   
2. Color and finish:  All wind turbines and towers that are part of a WECS shall be a neutral color including white, grey, light blue, or other non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be non-reflective.
   
   
3. Lighting:  There must be no illumination of WECS unless required by the FAA.  The site shall comply with all FAA lighting requirements.  White strobe lights are not permitted unless required by the FAA.  White strobe lights shall not be used between dusk and dawn.  Red strobe lights are required for all towers located on the perimeter of the site for nighttime illumination to reduce impacts of migrating birds.  Interior towers shall not be lit unless required by the FAA standards.  Simultaneously pulsing lights are required for the perimeter lights. 
   
   
4. Signage:  The manufacturers or owner’s company name and/or logo may be placed upon the nacelle of the WECS.  Warning signs shall be placed on the tower for safety purposes.  No other signs may be permitted on the WECS. 
   
   
5. Location:  Wind energy conversion systems shall not be located within floodplain districts as regulated in section 62.800, the Shoreland district as regulated in section 62.1000, or wetlands as regulated under Minnesota Rules Chapter 8420.
   
   
6. Waste:  All previously used parts and equipment shall be removed from the site and properly disposed. All hazardous waste generated by the operation and maintenance of the WECS shall be removed from the site and recycled or disposed of properly as required under Minnesota statutes and rules. 
   
   
7. Height:  Height shall be as specified in the zoning district within which the WECS is located.  WECS that are placed on principal structures may not exceed the height permitted in the applicable zoning district.  Section 60.424 Design Modifications establishes additional height standards for freestanding WECS.
   
   
8. Number of WECS:  No more than one freestanding WECS is permissible per development site within the R-Sa, R-1, R-1x and R-2 districts

Subd. 4.  Noise and Safety Standards:  

1. Noise:  A WECS shall be designed, installed and operated so that the noise generated at the property line does not exceed that allowed by section 63.650.  During short-term events including utility outages and severe wind events, the noise level may not exceed 65 dBA as measured at the property line.
   
   
2. Overspeed Controls:  All wind turbines shall be equipped with manual and automatic overspeed controls to limit the blade rotation speed to within unit design limits.  A professional engineer must certify that the wind turbine is equipped with rotor and overspeed controls.
   
   
3. Blade Clearance:  No portion of a blade on a horizontal axis Small utility WECS shall extend closer to the ground than 50 feet.  Blade clearance for Small Non-utility WECS shall be no less than 30 feet.  This provision does not apply to a vertical axis WECS or those attached to the roof of a building.
   
   
4. Climbing Apparatus:  To avoid unauthorized climbing all climbing apparatus located outside of the tower shall be located at least 12 feet above the ground and shall have controlled access.
   
   
5. Intra-project Power and Communication Lines:  All power lines used to collect power from individual WECS and all communication lines shall be buried underground, except for the connections to a public utility company transmission system.
   
   
6. Code Compliance:  WECS and WECS Meteorological Towers shall be grounded.  WECS shall comply with all city and state building and electrical codes.

Subd. 5.  Utility Notification and Interconnection.  Property owners shall be required to notify the electrical utility where the WECS is connected to the electrical utility system  

Subd. 6.  Decommissioning of WECS.  The owners of Small utility WECS shall ensure that facilities are decommissioned upon the end of project life or upon facility abandonment.  A decommissioning plan shall be submitted with the project application. Decommissioning shall include: removal of all structures and electrical transmission components, to a depth of 4 feet, restoration of the soil and vegetation that complies with the city grading requirements.  WECS shall be removed if not in use continuously for any twelve month period of time.

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