Article II — SMALL RESIDENTIAL ROOFTOP SOLAR AND RENEWABLE ENERGY SYSTEMS

The purpose of the subchapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The Article encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the Town, and expanding the ability of property owners to install solar energy systems. The subchapter allows the town to achieve these goals while protecting the public health and safety.

(Ord. 794, passed 10-7-2015)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ELECTRONIC SUBMITTAL. The submission of materials via electronic mail.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM. In accordance with Cal. Gov’t Code § 65850.5, a solar energy system that meets all of the following:

(1) Is no larger than ten kilowatts alternating current nameplate rating or 30 kilowatts thermal;

(2) Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the town, and all state and Town health and safety standards;

(3) Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;

(4) Is installed on a single or duplex family dwelling; and

(5) The panel or module array does not exceed the maximum legal building height as defined by the town.

SOLAR ENERGY SYSTEM. As defined in Cal. Civil Code § 801.5(a)(1) and (2), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

SPECIFIC, ADVERSE IMPACT. A significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. 794, passed 10-7-2015)

(A) This subchapter applies to the permitting of all small residential rooftop solar energy systems in the Town of Fairfax.

(B) Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this subchapter are not subject to the requirements of this subchapter unless physical modifications or alterations are undertaken

that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. 794, passed 10-7-2015)

A small residential rooftop solar energy system, as defined in this subchapter, shall meet the following requirements:

(A) All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the town, and the Ross Valley Fire District.

(B) Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(C) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. 794, passed 10-7-2015)

Prior to submitting an application, the applicant shall:

(A) Verify, to the applicant’s reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

(B) At the applicant’s cost, verify to the applicant’s reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system’s current use, to carry all new photovoltaic electrical loads.

(Ord. 794, passed 10-7-2015)

(A) All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible town website.

(B) Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants.

(C) An applicant’s electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(D) The town shall adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). The checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review. These materials may be adopted or amended by Resolution of the Town Council.

(E) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall

substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

(F) All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Cal. Gov’t Code §§ 65850.55, 66015, and 66016, as well as Cal. Health and Safety Code § 17951.

(Ord. 794, passed 10-7-2015)

(A) The Planning and Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems subject to this subchapter.

(B) An application that town staff determines satisfies the information requirements contained in the town’s checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete.

(C) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(D) After town staff deems an application complete, Town staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.

(E) The Planning and Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application that meets the requirements of the approved checklist and standard plan, as well as all local, state, and federal health and safety requirements.

(F) The Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission.

(1) Notwithstanding any other provision of the Fairfax Town Code to the contrary, the Building Official is authorized to issue use permits for small residential rooftop solar energy systems. A public hearing on the application for the use permit shall be held and notice of the same shall be provided as set forth in § 17.032.050 of the Town Code.

(2) If a use permit is required, the Building Official may deny an application for the use permit only if the Building Official makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for satisfactorily mitigating or avoiding the adverse impact. Any such decision may be appealed to the Planning Commission.

(a) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective

method, condition, or mitigation imposed by the town on another similarly situated application in a prior successful application for a permit.

(b) The town shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the following:

1. For solar domestic water heating systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.

2. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed.

(3) The town shall not condition approval of an application on the approval of an association, as defined in Cal. Civil Code § 4080. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(Ord. 794, passed 10-7-2015)

(A) Only one inspection shall be required and performed by the Planning and Building Department for small residential rooftop solar energy systems eligible for expedited review.

(B) The inspection shall be done in a timely manner.

(C) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this subchapter.

(Ord. 794, passed 10-7-2015)