Chapter 17.58 — ALTERNATIVE ENERGY SYSTEMS

The conservation of energy and the development of alternative energy sources are primary goals of this nation, and the city council has adopted ordinances to encourage energy conservation in new development.

• A. It is now financially feasible and cost effective to provide for the installation of alternative energy systems in certain developments and for certain purposes.

• B. It is therefore the purpose of this chapter to establish requirements for the installation of alternative energy systems.

• C. As it is the policy of the city to encourage development of alternative energy systems, nothing contained in this title shall be interpreted to unreasonably restrict solar energy systems by significantly increasing the cost or decreasing the efficiency of such systems or prohibiting alternative energy systems of comparable cost and efficiency.

• (Ord. 2011-02 §1)

"Alternative energy system" means the application of any technology, the conservation of energy, or the use of solar, biomass, wind, geothermal, hydroelectricity under twenty-five megawatts, or any other source of energy, the efficient use of which will reduce the use of fossil and nuclear fuels.

"On-grid" means a small wind energy or photo voltaic system that is connected to the public utility grid, where power in excess of the customer's demand flows to the utility grid.

"Passive thermal system" means a system which utilizes the structural elements of a building to provide for the collection, storage or distribution of heating or cooling. In semi-passive thermal systems such structural elements may be augmented by mechanical components.

"SES" means a small energy system consisting of a small-scale energy generating system comprised of solar voltaic, solar hot water heating, or wind energy system (including blades or wind turbine, tower, ladder, associated controls) along with associated, conversion electronics and storage batteries used primarily for on-site energy consumption. An SES does not include use of an engine-driven electrical generating system.

"Solar energy system" means the integrated use of equipment, including solar collectors, to collect and transform solar energy into thermal, chemical or electrical energy to transfer and distribute such

energy for purposes of water heating, space heating or cooling and power generation. (Ord. 2011-02 §1)

• A. An SES shall be used primarily to supply electrical power for on-site consumption, except that when a parcel on which an SES is installed also receives electrical power supplied by a utility company, excess electrical power generated by the SES and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use. Small energy systems utilizing wind energy conversion technology shall be regulated by Chapter 17.59 .

• B. Excess electrical power generated by an SES, not needed for on-site use, may be sold provided that at least sixty-one percent of the electrical power generated each year is used for on-site consumption.

• (Ord. 2011-02 §1)

To the greatest extent possible, all new subdivisions and lots therein, all dwelling units and all residential, public, commercial and industrial buildings and structures should be oriented in a southerly direction to promote the use of a solar energy system, and should be designed to promote passive thermal systems and alternative energy systems. To carry out the foregoing, lots and buildings shall be oriented with due consideration for local climate (including sun orientation), parcel configuration, contours, landscaping, cost and other design and improvement requirements contained in the general plan and this title.

(Ord. 2011-02 §1)

• A. Developers of new residential subdivisions may dedicate easements for the purpose of assuring that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a declaration of restrictions for the subdivision which shall be recorded concurrently with the recordation of the final map or issuance of permits, whichever occurs first.

• B. The easements shall prohibit the casting of shadows by vegetation, structures, fixtures or any other object, except for utility wires and similar objects upon areas which have been designated for solar energy collectors pursuant to the approved development plan. The instrument creating the solar easement shall include a description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to the solar collector, device or structural design feature may not be obstructed, or a combination of these descriptions, as approved by the planning director and the city attorney.

• C. The planning director and the city attorney shall determine the form of the most appropriate legal description based upon the size and nature of the project, topography, existing vegetation, design of parcels and necessary specificity of legal description. Solar easements shall not reduce allowable densities or lot coverage requirements set forth in this title.

• (Ord. 2011-02 §1)

In accordance with state law, no person owning or in control of property shall allow a tree or shrub to be placed, or, if placed, to grow on such property, subsequent to the installation of a solar collector on the property of another so as to cast a shadow greater than ten percent of the collector absorption area upon that solar collector surface on the property of another at any one time between the hours of 10:00 a.m. and 2:00 p.m.; provided that this section shall not apply to specific trees or shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector. Each and every violation of this section shall be an infraction punishable by a fine not to exceed five hundred dollars and shall be subject to abatement as a public nuisance in accordance with the provisions of Section 25983 of the Government Code and Sections 370 and 371 of the Penal Code. (Ord. 2011-02 §1)

• A. The development plan for every building or structure submitted in accordance with Chapter 17.52 shall satisfy the requirements of this chapter. Any such development plan shall be reviewed and acted upon by the architectural review committee in accordance with and subject to all procedures, requirements, findings and considerations contained in Chapter 17.52 .

• B. The development plan review board may require roof pitch and directional alignment of buildings for the placement of solar energy collecting devices. The development plan review board may by resolution specify a range of permissible roof pitches and directional alignments which will optimize efficiency of solar energy systems.

• C. To achieve the intent of this chapter, the architectural review committee in reviewing any development plan shall consider skylights, operable windows, thermal mass, landscaping, reduction of mechanical systems for lighting, heating, cooling and ventilation, and other design elements.

• D. Ground-mounted solar energy systems shall comply with building and setback regulations and shall be set back not less than five feet from the property line and no less than ten feet above the ground. A collector may be less than ten feet in height only if, in addition to the five-foot setback, the collector is set back three times the amount lowered.

• E. The architectural review committee may propose that the Waterford city planning commission and city council adopt standards and regulations to effectuate the purposes of this chapter.

• (Ord. 2011-02 §1)