Placerville Municipal Code Ch. 12 Small Residential Rooftop Solar Energy Systems

For the purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them in this section:

ASSOCIATION: A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

COMMON INTEREST DEVELOPMENT: Any of the following:

(A) A community apartment project.

(B) A condominium project.

(C) A planned development.

(D) A stock cooperative.

ELECTRONIC SUBMITTAL: Utilization of one or more of the following:

(A) E-mail; or

(B) Internet; or

(C) Facsimile.

REASONABLE RESTRICTIONS: Restrictions on a solar energy system 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.

RESTRICTIONS THAT DO NOT SIGNIFICANTLY INCREASE THE COST OF THE SYSTEM OR DECREASE ITS EFFICIENCY OR SPECIFIED PERFORMANCE: (A)For water heater systems or solar swimming pool heating systems: An amount exceeding ten percent (10%) of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten percent (10%), as originally specified and proposed.

(B)For photovoltaic systems: An amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent (10%) as originally specified and proposed.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM: All of the following:

(A) A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

(B) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state and city health and safety standards.

(C) A solar energy system that is installed on a single or duplex family dwelling, and accessory buildings to the same.

(D) A solar panel or module array that does not exceed the maximum legal building height as defined by the city.

SOLAR ENERGY SYSTEMS: Either of the following:

(A) 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.

(B) 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.

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.

STANDARD SOLAR INSTALLATION: A system that meets the "California Solar Permitting Guidebook" standard plan for installation of solar photovoltaic systems utilizing 2-wire multiple string central inverters, not exceeding a total AC output of ten (10) kilowatts, in single-family dwellings having a 3-wire electrical service not larger than two hundred twenty five (225) amps at a voltage of 120/240. The system includes a standard installation of DC to AC inverters, both micro and central inverters. The system does not contain batteries, power optimizers and generators. (Ord. 1671, 9-8-2015)

The purpose of this chapter 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. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety. (Ord. 1671, 9-8-2015)

(A) This chapter applies to the permitting of all small residential rooftop solar energy systems in the city.

(B) Small residential rooftop solar energy systems legally established or permitted prior to the effective date hereof are not subject to the requirements of this chapter 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 parts replacements shall not require a permit. (Ord. 1671, 9-8-2015)

(A) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the city and local 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 codes.

(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. 1671, 9-8-2015)

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

(B) When possible, electronic submittal of the required permit application and documents by e-mail, the internet, or facsimile 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 city's building division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

(E) The small photovoltaic 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) An installation compliance checklist by the building official will be checked and signed by the solar installer as having met all the requirements applicable to the installation. (Ord. 1671, 9-8-2015)

(A) The city building division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems. The building division shall issue a building permit or other nondiscretionary permit within three (3) business days for electronic applications of receipt of a deemed complete application and meets the requirements of the approved checklist and standard plan. The building official may determine that the proposed solar energy system is not subject to the expedited permitting process 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 development services director.

(B) Review of the application shall be limited to the building official's or designee's review of whether the application meets local, state, and federal health and safety requirements.

(C) The applicant shall verify to 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.

(D) The applicant shall verify to 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.

(E) A building official may deny an application for the use permit if the building official makes written findings based upon substantive 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, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the development services director.

(F) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(G) "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 city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of amended section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

(H) The city shall not condition approval of an application on the approval of an association or similar group, as defined in section 4080 of the Civil Code.

(I) 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.

(J) Only one inspection shall be required and performed by the building division for small residential rooftop solar energy systems eligible for expedited review. A separate fire inspection may be performed if an agreement with the local fire authority does not exist to perform safety inspections on behalf of the fire authority.

(K) The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request and provide a four (4) hour P.M. inspection window. The building official may require the presence of the installer or representative of the installing company during the final inspection or subsequent inspections.

(L) If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. (Ord. 1671, 9-8-2015)

All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with state Health And Safety Code section 17951 and Government Code amended section 66015. The city shall not charge a residential permit fee that exceeds the estimated reasonable cost of providing the service for which the fee is charged. A fee based on the number of hours for service for a solar permit and inspection time provided is two hundred dollars ($200.00) unless determined the proposed system is more than a standard installation. The permit fee shall not exceed five hundred dollars ($500.00) plus fifteen dollars ($15.00) per kilowatt for each kilowatt above ten (10) kilowatts. (Ord. 1671, 9-8-2015)

(A) If any section, subsection, phrase, or clause of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.

(B) The city council hereby declares that it would have passed this chapter and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared unconstitutional. (Ord. 1671, 9-8-2015)