The Joint Planning Board of the Town of Becker, makes the following:

SECTION 1. Findings

1. The Town of Becker is bisected by U.S. Hwy. No. 10, County State Aid Hwy. No. 23, and other major traffic-generating corridors, which attract commercial and industrial land uses and development.

2. Commercial, industrial and residential land development within the Town of Becker is being accelerated by similar development in the adjoining cities of Big Lake and Becker, lying to the east and south of the Town.

3. The Town of Becker has prepared and adopted a comprehensive land use plan and a zoning ordinance, which is in need of revisions to the provisions controlling the methods and locations of solar energy systems on land within the Town.

4. The Town of Becker has a need to independently plan for its future growth and development in order to provide for a safe, pleasant and economically diverse and prosperous environment for residential, commercial and industrial activities, to preserve agricultural land and open space, and to promote the public health, safety and welfare of the citizens of the Town.

5. The Town Board of the Town of Becker has undertaken a study of the methods and of the locations of solar energy systems and needs additional time to complete the study.

6. Various lands within the Town may be affected by the existing comprehensive plan and zoning ordinance and may develop in ways inconsistent with the comprehensive plan and zoning ordinance, and the Town Board finds that an interim ordinance is necessary to protect the planning process and the health, safety and welfare of the citizens of the Town.

7. Minnesota Statutes, §462.355, Subd. 4, in conjunction with §462.352, Subd. 2, 394.33 and 394.32, provide authority for the Town, to adopt an interim ordinance for the purpose of the protecting the planning process and the health, safety and general welfare of the citizens of the Town, while the Town is conducting studies, or has authorized studies to be conducted for the purpose of considering the drafting of changes to the methods and location of solar energy systems.

8. The interim ordinance may regulate, restrict or prohibit any solar energy systems in any location within the Town for a period not to exceed twelve months from its effective date, and provides the Town with authority to extend the scope of the interim ordinance for such additional periods as may be provided by statute.

9. This interim ordinance was given final approval by the Town Joint Planning Board at its regular meeting on January 27, 2015.

SECTION 2. Intent

It is the intent of the following ordinance to permit the Town of Becker time to complete the studies, to draft and adopt provisions controlling solar energy systems in any location within the Town which the Town finds to be prudent and necessary, and in the interim to protect the orderly, economic and safe use and development of land and buildings within the Town and to protect the Town’s planning process and the health, safety and welfare of its citizens.

SECTION 3. Ordinance

Upon the foregoing Findings and Intent, the Becker Joint Planning Board, does ordain as follows:

1. Pending the completion of the study of solar energy systems in all locations within the Town, no solar energy systems are permitted in any location within the Town, nor shall an application for a solar energy system be permitted or approved on land lying within the Township borders.

2. This ordinance shall apply to any land use described in the preceding paragraph from and after January 27, 2015, and shall be in full force and effect from and after its passage and publication according to law, and shall remain in effect until the date of final approval of the amendments to the comprehensive plan, the zoning ordinance or other official controls contemplated herein, or January 27, 2016, whichever occurs first.

3. Any person, firm, corporation or other entity which violates or refuses to comply with any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, may be punished with a maximum fine of One Thousand Dollars ($1,000.00) or ninety (90) days in jail, or both. Each day of continued violation shall constitute a separate offense. This ordinance may also be enforced by appropriate injunctive relief.

Adopted by the Joint Planning Board of the Town of Becker, Sherburne County, Minnesota, on January 27, 2015.

JOINT PLANNING BOARD, TOWN OF BECKER

By: Brad Wilkening, Chairman

By: Lucinda Messman, Town Clerk

Attest by Lucinda Messman, Town Clerk

(Published in the Sherburne County Citizen: 02/21/15.)