Hillsborough Municipal Code Ch. 15.37 Permitting of Solar Energy Systems

This chapter applies to the permitting of all small residential rooftop solar energy systems in the town. Any small residential rooftop solar energy system legally established previously or permitted prior to the effective date of this ordinance is not subject to this ordinance unless physical modifications or alterations are undertaken that materially change the size, type, or components of the system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit.

This chapter does not preclude the town from imposing reasonable restrictions on solar energy systems as defined in Section 15.37.020E.

(Ord. No. 728, § 1, 9-15-2015)

For the purposes of this chapter, certain terms shall have meanings as follows:

A. "Solar energy system" or "system" means either of the following:

1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating, space cooling, electric generation or water heating.

2. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

B. "Small residential rooftop solar energy system" (small rooftop system) means a solar energy system that complies with all of the following:

1. Is no larger than 10 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 including paragraph (3) of subdivision (c) of Section 714 of the Civil Code;

3. Is installed on a single-family dwelling or similar structure; and

4. If the solar energy system consists of a solar panel or module array, does not exceed the maximum legal building height as defined by the town.

C. "Building official" means the town employee charged with enforcing Title 15 of the Town's Municipal Code.

D. "Specific, adverse impact" means 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.

E. "Reasonable restrictions" on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits as defined in Section 714(d)(1)(A) and (1)(B) of the California Civil Code.

(Ord. No. 728, § 1, 9-15-2015)

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the town and the Central County Fire Department, consistent with Section 65850.5 of the Government Code.

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 Code and California Mechanical Code.

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.

The town shall adopt a checklist of all requirements with which small rooftop systems must comply to be eligible for expedited review, which shall be published on the town's website. An application that satisfies the information requirements in the checklist, as determined by the town, shall be deemed complete. 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.

The small rooftop system permit process and the checklist shall substantially conform to recommendations for expedited permitting, including the checklist contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research. The town may modify said guidebook's checklist and standard plans due to the town's unique topographical conditions.

(Ord. No. 728, § 1, 9-15-2015)

The building and planning department shall provide an administrative, nondiscretionary review process to expedite approval of the small rooftop systems. Review of the application shall be limited to whether it meets town, state and federal health and safety requirements.

If an application for the installation of a small rooftop system is not denied in writing within forty-five days of receipt of a complete application the application shall be deemed approved, unless the delay is the result of a reasonable request for additional information.

Only one inspection shall be required and performed by the building division for small rooftop systems eligible for expedited review. During the required inspection, if it is found that the installation does not conform to the approved plans and/or comply with the current California Building Code requirements, then an additional follow-up inspection shall be required. If the system fails inspection, a subsequent inspection is authorized and required, but need not conform to the requirements of this chapter. A separate fire inspection may be performed by the Central County Fire Department, if required. The inspection shall be done within three business days and may include consolidated inspections.

(Ord. No. 728, § 1, 9-15-2015)