HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-018Temporary Ordinance No. 2256
June 27, 2012
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2012-
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES AND CREATING SECTION 24-615,
ENTITLED "ROOFTOP PHOTOVOLTAIC SOLAR
SYSTEMS," PROVIDING FOR ROOFTOP
PHOTOVOLTAIC SOLAR SYSTEMS AS PERMITTED
ACCESSORY EQUIPMENT; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, AND AN
EFFECTIVE DATE.
WHEREAS,
the City of Tamarac
and Broward County have
agreed to work
together under a
U.S. Department of
Energy ("DOE") Rooftop
Solar Challenge
Agreement Number DE-EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge");
and
WHEREAS, Go SOLAR is part of a DOE initiative, which strives to make solar
energy cost -competitive with other forms of energy by the end of the decade; and
WHEREAS, the goal of reducing
the installation costs
of
solar
energy systems is
to contribute toward the widespread,
large-scale adoption
of
this
renewable energy
technology and restore the U.S. leadership in the global clean energy race; and
WHEREAS, DOE's Rooftop Solar Challenge serves as an incentive for
twenty-two (22) regional awardees to make it easier for Americans to implement solar
energy systems; and
WHEREAS, by streamlining permitting processes, making available best
management practices
for zoning
codes, connecting solar
power to
the electric grid, and
increasing access to
financing,
the City of Tamarac,
Broward
County, and other
municipalities who are participating in Go SOLAR will clear a path for rapid expansion of
solar energy and serve as models for other communities in the state of Florida and
across the nation; and
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Temporary Ordinance No. 2256
June 27, 2012
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WHEREAS, one primary goal of Go SOLAR is to create a web based permitting
solution for rooftop photovoltaic (PV) installations, whereby applicants can apply online
for a permit to install a PV system and immediately be issued a permit application,
complete with pre -approved design plans; and
WHEREAS, Broward
County maintains
an Environmental Protection
and Growth
Management Department
which includes a
Permitting, Licensing, and
Consumer
Protection Division ("PLCPD") that conducts building plan review, permit inspections,
code enforcement, and other building permit -related services; and
WHEREAS, Broward County has agreed to accept the online applications, an
agreed upon permit fee, and disseminate the application and permit fee to the
applicable municipality; and
WHEREAS, the City of Tamarac agrees, at no additional cost to Broward County,
to transfer to Broward County the authority to receive applications for rooftop PV
installations within municipal boundaries, to issue permits for those rooftop PV
installations that utilize pre -approved design plans under the Broward County permit
brand, and distribute to Broward County an agreed upon fee for those rooftop PV
installations within the City of Tamarac municipal limits for which Broward County issues
permits; and
WHEREAS, Broward County, through PLCPD, is willing to perform such services
pursuant to the terms and conditions hereafter set forth; NOW, THEREFORE,
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Temporary Ordinance No. 2256
June 27, 2012
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1. Amending Chapter 24 of the Code of Ordinances and creating
Section 24-615, entitled "Rooftop Photovoltaic Solar Systems," to read as follows:
Sec. Rooftop .Photovoltaic Solar..Systems.
1) Intent. The
rovisions contained herein are intended to promote the
health, safety, and general welfare of the citizens byremoving barriers to the installation
of alternative energy systems and encourage the installation of rooftop photovoltaic
solar systems
pursuant to the U.S. Department of Enerav Rooftop Solar Challenge
Agreement Number DE-EE0005701 ("Go SOLAR- Broward Rooftop Solar Challenge")
on buildings and structures within municipal limits. The provisions and exceptions
contained herein are limited to web based apglications for pre-aggroved rooftop
photovoltaic solar system installations that utilize the Go SOLAR-Broward Rooftop Solar
Challenge permitting process.
2) Definitions. For purposes of this section, the followina terms shall have
the meaning prescribed herein:
a) Roof Line: The top edge of the roof which forms the top line of the buildin
silhouette or, for flat roofs with or without a parapet, the top of the roof.
b) Rooftop photovoltaic solar system: A system which uses one (1) or more
photovoltaic panels installed on the surface of a roof, parallel to a sloped
roof or surface- or rack -mounted on a flat roof, to convert sunli ht into
electricity.
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Temporary Ordinance No. 2256
June 27, 2012
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(3) Permitted accessory equipment. Rooftop photovoltaic solar systems shall
be deemed permitted accessory equipment to [residential an-d commerciall conformin
and nonconforming buildings and structures in all zoning categories. Nothing contained
in this chapter, including desiqn standards or guidelines included or referenced herein,
shall be deemed to prohibit the installation of rooftop photovoltaic solar systems as
accessory equipment to conforming and nonconforming buildings, - including buildings
containing nonconforming uses.
(4) Height. In order to be deemed permitted accessory equipment, the height
of rooftop photovoltaic solar systems shall not exceed the Roof Line, as defined herein.
For flat roofs with or without a parapet, in order to be deemed accessory equipment, the
rooftop photovoltaic solar system shall not be greater than five (5) feet above the roof.
5) Permits. Prior to the issuance of a permit, the property owner(s) must
acknowledge, as part of the permit application, that: (a) if the property_ is located in a
homeowners' association, condominium association, or otherwise subject to restrictive
covenants, the property may be subject to additional regulations or requirements
despite the issuance of a permit by the City; and (b) the issuinq of said permit for a
rooftop photovoltaic solar system does not create in the property owner(s), its, his, her
or their successors and assigns in title, or create in the property itself a right to remain
free of shadows and/or obstructions to solar energy caused by development adjoining
on other property or the growth of any trees or vegetation on other property or the right
to prohibit the development on or growth of any trees or vegetation on another
propeqy.
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Temporary Ordinance No. 2256
June 27, 2012
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(6) Tree Maintenance and removal. To the extent that the City has discretion
regarding the removal or relocation of trees, solar access shall be a factor taken into
consideration when determininq whether and where trees may be removed or relocated.
(7) Maintenance. The rooftop photovoltaic solar system shall be properly
maintained and be kept free from hazards, including but not limited to, faultv wiring,
loose fastenings, being in an unsafe condition or detrimental to public health, safety, or
general welfare.
Section 2. S EVE RAB I LITY.
If any portion of this Ordinance is determined by any Court to be invalid, the
invalid portion shall be stricken, and such striking shall not affect the validity of the
remainder of this Ordinance. If any Court determines that this Ordinance, or any portion
hereof, cannot be legally applied to any individual(s), group(s), entity(ies), properry(ies),
or circumstance(s), such determination shall not affect the applicability hereof to any
other individual, group, entity, property, or circumstance.
Section 3. INCLUSION IN CODE.
It is the intention of the Board of City Commissioners that the provisions of this
Ordinance shall become and be made a part of the City Code; and that the sections of
this Ordinance may be renumbered or relettered and the word "ordinance" may be
changed to "section," "article," or such other appropriate word or phrase in order to
accomplish such intentions.
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Temporary Ordinance No. 2256
June 27, 2012
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Section 4. EFFECTIVE DATE.
This Ordinance shall become effective as provided by law.
PASSED FIRST READINGthis �-- =-� g '� t �s �� day of 2
y 012.
t
PASSED SECOND READING this day of , 2012.
j'(117
ATTEST:
PETER M
CITY CLERK
VARDS-ON, CRM, CMC
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS ORDINANCE
AS TO FORM.
SAUEL �. GO�t
CI Y AT'ffORN Y
BETH TALA
MAYOR
RECORD OF COMMISSION VOTE:
1ST READING
MAYOR TALABISCO
DIST 1: COMM. BUSHNEtL'
--V
DIST 2: COMM. GOMEZ "-41c-. ., '
DIST 3: V/M G LASS E R ��11-�-�
DIST 4: COMM. DRESSL R,��--'
RECORD OF COMMISSION VOTE:
2ND READING
MAYOR TALABISCO
—k/j�
DIST 1: COMM. BUSHN L-�`''
DIST 2: COMM. GOMEZ//xo�r
DIST 3: V/M GLASSER '
DIST 4: COMM. DRESSLE '
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