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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 Coding: Words in ear -sly# type are deletions from existing text. Words in underscored type are additions. Temporary Ordinance No. 2256 June 27, 2012 Page 2 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, Coding: Words in type are deletions from existing text. Words in underscored type are additions. Temporary Ordinance No. 2256 June 27, 2012 Page 3 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. Coding: Words in Gk - t Ohl Or ed� %A, q,.4 type are deletions from existing text. Words in underscored type are additions. Temporary Ordinance No. 2256 June 27, 2012 Page 4 (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. Coding: Words in Ge type are deletions from existing text. Words in underscored type are additions. Temporary Ordinance No. 2256 June 27, 2012 Page 5 (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. Coding: Words in type are deletions from existing text. Words in underscored type are additions. Temporary Ordinance No. 2256 June 27, 2012 Page 6 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 ' Coding: Words in stFUsk-tk�e�gl�� type are deletions from existing text. Words in underscored type are additions.