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18 - Solar Ordinance v10 w track changes 1 ORDINANCE NO. An ordinance amending the Land Development Code, Article II, Section 20- 2.3, “Definitions” and Article III, Section 20-3.6 “Supplemental Regulations” adding subsection (W) “Solar Requirements” and providing definitions relating to and criteria and regulations for solar collectors in the City of South Miami WHEREAS, the South Miami City Commission expressly declares that the following amendments to the South Miami Land Development Code are reasonable and necessary because of local climatic, topological, and geological conditions as listed below; and WHEREAS, as a coastal city located on the tip of a peninsula, the Miami region is vulnerable to sea level rise, and human activities releasing greenhouse gases into the atmosphere that increase the worldwide average temperature, contributing to the melting of glaciers, thermal expansion of ocean water, and shifting or slowing of the Gulf Stream, all resulting in rising sea levels; and WHEREAS, South Florida is already experiencing the repercussions of excessive CO2 emissions as rising sea levels threaten shorelines and infrastructure, have caused significant erosion, have increased impacts to infrastructure during extreme tides, and have caused the City to expend funds to modify the sewer system; and WHEREAS, some people in South Miami, such as the elderly, may be particularly vulnerable to higher temperatures resulting from climate changes; and WHEREAS, installing solar will help South Miami meet its goals under Res. No. 23-09- 12832, dated February 9, 2009, stating: “The City of South Miami commits to a Carbon Neutral Initiative to lead the community by example and to implement policies to eliminate net emission of carbon dioxide and other greenhouse gases by the end of 2030”; and WHEREAS, distributed power, such as rooftop solar, can serve as generator systems for the purposes of hurricane preparedness and thus comports with Sec. 252.371 Fla. Stat., the Emergency Management, Preparedness, and Assistance Trust Fund; and WHEREAS, distributed photovoltaic generation provides a basis for future microgrids, making the city more resilient as a whole, benefiting the health, welfare, and resiliency of South Miami and its residents; and WHEREAS, the 2008 Florida legislature enacted Section 163.04, Fla. Stat., with the legislative intent of protecting the public health, safety, and welfare by encouraging the development and use of renewable resources; and WHEREAS, Section 163.08 (1)(a), Fla. Stat., found that chapter 2008-227, Laws of Florida, amended the energy goal of the state comprehensive plan to provide, in part, that the state shall reduce its energy requirements and reduce atmospheric carbon dioxide by promoting Deleted: increases in the worldwide average temperature, which contribute to Deleted: a 2 an increased use of renewable energy resources. That chapter also declared it the public policy of the state to play a leading role in developing and instituting energy management programs that promote energy conservation, energy security, and the reduction of greenhouse gases. In chapter 2008-191, Laws of Florida, the Legislature adopted new energy conservation and greenhouse gas reduction comprehensive planning requirements for local governments. In the 2008 general election, the voters of this state approved a constitutional amendment authorizing the Legislature, by general law, to prohibit the increase of assessed value of residential real property due to change or improvement made for the purpose of improving a property’s resistance to wind damage or the installation of a renewable energy source device; and WHEREAS, Section 163.08 (1)(b), Fla. Stat., found that the installation and operation of improvements not only benefitted the affected properties for which the improvements were made, but also assisted the state in fulfilling the goals of the state’s energy mitigation policies and “Qualifying improvement” includes any energy conservation and efficiency improvement, which is a measure to reduce consumption through conservation of electricity and the installation of any system in which the electrical or thermal energy is produced from a method that uses solar energy; and WHEREAS, requiring solar photovoltaics at the time of new construction is more cost- effective for the homeowner than installing the equipment after home construction because (i) it is less expensive to reinforce a roof to accommodate the extra forces of a solar array, (ii) solar wiring can be incorporated more efficiently into electrical panels at the time of initial wiring, and, (iii) a solar system can be financed at a lower rate if included in the initial home financing; and WHEREAS, it is reasonably necessary to require builders to take steps to reduce the energy consumed by inefficient building operations and produce renewable, low-carbon electricity, or capture solar energy, in order to reduce pollution, benefit biodiversity, improve resilience to climate change by reducing localized heat islands, and reduce the global warming effects of energy consumption; and WHEREAS, a cost-benefit analysis by the U.S. Department of Energy showed that rooftop solar at today’s costs would provide FPL customers with a Savings-to-Investment Ratio (SIR) of 1.55 with the Federal Renewable Energy Tax credit, and a SIR of 1.08 without the tax credit, both figures greater than 1.0 which indicates a net financial benefit of roof-top solar to the household (www.nrel.gov/solar/assets/docs/sir.xlsx).; and WHEREAS, the payback period for photovoltaic solar systems is in the range of one quarter to one half the life expectancy of the photovoltaic panels, meaning the homeowner receives a 50-75% decrease in the overall cost of power; and WHEREAS, the cost of rooftop solar power continues to fall, while the cost of utility power in South Florida continues to rise, guaranteeing an increasing economic benefit to the home owner and increasing the value of the property; and WHEREAS, the Solar Energy Center at the University of Central Florida has shown that, at today’s electricity and solar PV prices and historic inflation rates over the past 20 years, the Deleted: WHEREAS, requiring solar photovoltaics at the time of new construction is more cost-effective than installing the equipment after construction because workers are already on-site, permitting and administrative costs are lower, and it is more cost-effective to include such systems in existing construction financing; and 3 Internal Rate of Return (IRR) on rooftop photovoltaic systems runs between 9 and 14%, an extraordinary tax-free fixed rate investment return to a property owner; and WHEREAS, the Low-income Solar Policy Guide, produced by the Center for Social Inclusion in 2016 states: “Because low-income families spend a disproportionate amount of their income on utility bills, they receive a proportionally greater economic benefit from solar power”, (Low Income Solar Policy Guide, http://www.lowincomesolar.org); and WHEREAS, home buyers across a variety of states pay a premium for properties with PV equal to or greater than the cost of the solar system itself, adding $3.58/watt on new homes and $4.51/watt on existing homes (“Selling into the Sun: Premium Analysis of a Multi-State Dataset of Solar Homes” Lawrence Berkeley National Laboratory, prepared for the Office of Energy Efficiency and Renewable Energy Solar Energy Technologies Office U.S. Department of Energy, January 13, 2015 https://emp.lbl.gov/publications/selling-sun-price-premium-analysis-0); and WHEREAS, in housing markets similar to South Miami’s, PV systems that were owned (not leased) benefitted home builders and owners by increasing market value and decreasing marketing time (The Impact of Photovoltaic Systems on Market Value and Marketability, Colorado Energy Office, https://www.colorado.gov/pacific/energyoffice/atom/35466); and WHEREAS, this ordinance is modeled after similar ordinances enacted in the municipalities of Lancaster CA, Sebastopol CA, Santa Monica CA, and San Francisco CA, none of which have been reported to reduce the rate of home construction, home-buying, or to cause hardship or difficulties for homeowners or would-be homeowners; and WHEREAS, rooftop solar installation benefits the local economy by supporting small businesses, creating well-paying jobs, and directing profits to local business owners rather than exporting them to corporate shareholders; and WHEREAS, on June 13, 2017, the Planning Board reviewed and unanimously approved this ordinance requiring solar energy collectors as part of new construction of certain residential dwellings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. South Miami Land Development Code Article II, “Definitions” is hereby amended to read as follows: 20-2.3 Definitions. * * * Living Area - shall mean gross floor area. Nameplate capacity. Also known as the rated capacity, nominal capacity, installed capacity, or maximum effect, nameplate capacity shall mean the intended full-load sustained output of a facility such as a photovoltaic system. Deleted: WHEREAS, even if the property is sold before the value is recovered through discounted electricity use, the solar collector will add to the value of the property as shown by a recent study from the Lawrence Berkeley National Laboratory finding that home buyers consistently have been willing to pay more for a property with PV across a variety of states, housing and PV markets, and home types, stating: “Average market premiums across the full sample of homes analyzed here are about $4/W or $15,000 for an average-sized 3.6-kW PV system (Figure 6).” See “Selling into the Sun: Premium Analysis of a Multi-State Dataset of Solar Homes” prepared for the Office of Energy Efficiency and Renewable Energy Solar Energy Technologies Office U.S. Department of Energy, January 13, 2015. http://newscenter.lbl.gov/?s=selling. Deleted: WHEREAS, the Planning board has or will have reviewed this ordinance before it is enacted; and Deleted: WHEREAS, the Mayor and City Commission desire to amend Section 20-4.7 to clarify its applicability and to provide for screening of vacant commercial properties. Deleted: . Deleted: S 4 Photovoltaic System (PV) - shall mean a type of solar collector that uses photovoltaic cells to directly convert sunlight into electricity. Photovoltaic Thermal Collectors - shall mean photovoltaic, thermal hybrid solar collectors, sometimes known as hybrid PV/T systems or PVT, which are systems that convert solar radiation into thermal and electrical energy. Solar Collectors - shall mean any photovoltaic or solar-thermal collectors or any combination thereof. Solar Thermal Collectors - shall mean either, low-, medium-, or high-temperature collectors. Low temperature collectors are flat plates generally used to heat swimming pools. Medium-temperature collectors are also usually flat plates but are used for creating hot water for residential and commercial use. High temperature collectors concentrate sunlight using mirrors or lenses and are generally used for electric power production. Hybrid photovoltaic-thermal systems are also included. Solar Zone - shall mean space suitable place for the installation of solar panels, receiving sunlight at least five (5) hours a day as determined in Figure 20-2.3.W.1 or the equivalent, and free of obstructions and penetrations. Shading from obstructions located on the roof or any other part of the subject building shall not be considered a restriction of the Solar Zone. The Solar Zone shall be calculated for roof sections sloped 30 degrees (7/12 rise-to-run) or less, and any steeper-sloped roof sections oriented within 80 degrees of true north. For single-family residences and townhouses, the Solar Zone shall be located on the roof or suitable overhang of the building. For qualifying multi-family buildings, the Solar Zone can be located on any of the following locations: roof of building, overhang of building, roof and/or overhang of another structure located on the same property within 250 feet of the primary building, covered parking installed with the building, other structures including trellises, arbors, patio covers, carports, gazebos, and similar accessory structures as may be sufficiently strong to support a solar array. Sunlit Area - shall mean that portion of a roof section receiving at least 5 hours of sunlight daily at the equinox. Deleted: . S Deleted: ***... [1] Deleted: . S Deleted: ... [2] Deleted: . S Deleted: Shall mean space on a roof that is unshaded, un- penetrated, and free of obstructions serving as a suitable place for the installation of solar panels Deleted: solar zone Deleted: solar zone 5 Figure 20-2.3.W.1 Sun elevations and sun horizontal directions (azimuth angles) across the day at the equinox in South Miami (26° N Lat) to be used for determining areas receiving direct sunlight at least five (5) hours a day. For example, for a section of west-facing roof receiving sunlight when the sun was at least 50° above the eastern horizon and at least 40° above the western horizon, direct sunlight would strike the roof shortly before 10 am and stop around 3:45 pm, a period of just under 6 hours. Adapted from: McCluney, R. (1985) Sun Positions in Florida. FSEC DN-4-83, Florida Solar Energy Center, University of Central Florida. Section 2. South Miami Land Development Code Article III, “Zoning Regulations”, Section 20- 3.6, “Supplemental Regulations” is hereby amended to read as follows: (W) Solar Requirements (1) Applicability. All new construction of single-family residences, townhouses, and any multi-story residential building where a section of roof can be reasonably allocated, as determined by the Director of the Building Department or the Planning and Zoning Department, to a separately metered dwelling unit (hereinafter referred to as “qualifying multi-story residential building”), that apply for preliminary approval (or final approval if no preliminary approval was obtained) by the Environmental Review and Preservation Board on or after [insert date 2 months from approval] shall install solar photovoltaic systems and/or solar thermal systems or a combination of both in the Solar Zone or another space of equivalent capacity as described above in the Solar Zone definition. This requirement shall also apply to existing residential buildings as described above, if an alteration or addition is made that either increases the square footage of the principal structure by 75% or greater, or that replaces 75% or more of the existing sub-roof. (2) Minimum required installation. The area to be occupied by solar collectors shall be no less than the minimum of: i. the Solar Zone area (calculated in subparagraph 3 below); or 90° 10° 20° 30° 40° 50° 60° 70° 0° 105°120°135°150° Horizontal sun angle (azimuth) in degrees 165°180° noon 11am Su n e l e v a t i o n a n g l e i n d e g r e e s 1pm 2pm 3pm 4pm 5pm 10am 9am 8am 7am 195°210°225°240°255°270° Formatted: Underline, Font color: Text 1 Deleted: solar zone Deleted: . alsoalteration or either of the principal structure that at least 75% of the existing sub-roofAdditions and alterations of existing buildings are exempt from this requirement if they leave at least 50% of the square footage of the existing sub-roof and outside walls intact. Deleted: 4 6 ii. 2.75 kW of nameplate photovoltaic capacity per 1,000 square feet of living area; or iii. 175 square feet of solar collector panel per 1,000 square feet of roof area. (3) Calculation of Solar Zone area size. The minimum Solar Zone area shall be calculated using one of the following methods: i. Method 1. Minimum Solar Zone Area Based on Total Roof Area This Method should be used if shading is not significant, for instance if trees (existing and planned) and adjacent buildings do not shade the roof. The Solar Zone area shall be no less than fifteen (15) percent of the total roof area after subtracting the area of any skylights chimneys and other similar structures located on the roof. The Solar Zone may be composed of multiple sub-areas; however, no dimension of a sub-area can be less than five (5) feet in length. If the total roof area is equal to or less than 10,000 square feet, each sub-area must be at least eighty (80) square feet in area (or of sufficient size to accommodate at least four (4) regular sized PV panels). If the total roof area is greater than 10,000 square feet, each sub-area must be at least one- hundred sixty (160) square feet (or of sufficient size to accommodate at least eight (8) regular sized PV panels). The Solar Zone is the sum of all qualifying sub-areas. ii. Method 2: Minimum Solar Zone Accounting for Shading If the building site has significant shading, either from trees or from built objects that are not located on the roof or any other part of the same building, the Sunlit Area, or combination of sunlit sub-areas as in (i) above, shall be used as the Solar Zone subject to certain reductions. If the Sunlit Area is smaller than 250 square feet or smaller than 15% of the roof area of the building, excluding any skylights, chimneys and other similar structures, then the Solar Zone can be reduced to half the Sunlit Area. If the roof is shaded such that it has no qualified Solar Zone, then no solar power or heating installation is required. (4) Avoiding the Creation of Shade. The designated Solar Zone shall be free from roof penetrations and shall not have any obstructions such as vents, chimneys, architectural features, or roof mounted equipment located in the designated Solar Zone. This requirement ensures that the Solar Zone remains clear and open for the installation or future expansion of a solar energy system. Obstructions located on the roof or any other part of the building that projects above the Solar Zone shall be located at a sufficient horizontal distance away from the Solar Zone in order to reduce the resulting shading of the Solar Zone. For any obstruction where the arc of the sun during the middle six (6) hours of the day could cast a shadow on the Solar Zone, the horizontal distance (“D”) from the obstruction to the Solar Zone shall be at least twice the height difference (“H”) between the highest point of the obstruction and the horizontal projection of the nearest point of the Solar Zone (Figure 20-2.3.W.2). Obstructions which are not located on the roof or another part of the building, such as landscaping or a neighboring building are not subject to these placement requirements. Deleted: ... [3] Deleted: 4 Deleted: A Deleted: solar zone Deleted: solar zone Deleted: solar zone Deleted: Area Based on Potential Solar Zone Deleted: Potential Solar Zone Deleted: If the potential solar zone Deleted: Deleted: solar zone Deleted: area of the potential solar zone Deleted: there is no potential solar zone area, then no solar zone is required Deleted: ... [4] Deleted: 6 Deleted: solar zone Deleted: solar zone Deleted: solar zone Deleted: future Deleted: - Deleted: solar zone Deleted: solar zone Deleted: solar zone Deleted: solar zone Deleted: solar zone Deleted: solar zone 7 Figure 20-2.3.W.2 Structures protruding from the roof that would otherwise shade the Solar Zone should be offset laterally by twice their height. (5) Minimum specifications for solar collectors. i. Solar photovoltaic systems: Photovoltaic collectors satisfying the requirements of this section shall be at rated at no less than ten (10) watts DC faceplate capacity per square foot. ii. Solar thermal systems: Single-family residential solar domestic water heating systems shall be OG-300 System Certified by either the Solar Rating and Certification Corporation (SRCC) or the International Association of Plumbing and Mechanical Officials (IAPMO). iii. Solar photovoltaic systems and solar thermal systems shall be installed in accord with all applicable State code requirements, including access, pathway, smoke ventilation, and spacing requirements, all applicable local code requirements, and manufacturer’s specifications. (6) Approval and compliance. All solar installations shall be permitted through the City. The plans shall demonstrate that the requirements of the code are satisfied and the engineer or architect of record shall sign and seal the plans indicating compliance. Subsequent review approval shall be carried out through the standard review processes for residential construction. Inspection shall be performed by the Building Department as per the City’s permit requirements for solar power or water heating installations. Enforcement of this ordinance shall be carried out by the Code Enforcement Division. Section 3. Codification. The provisions of this ordinance shall become and be made part of the Land Development Code of the City of South Miami as amended. Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this ____ day of _____________, 2017. H D=2H HD=2H Deleted: solar zone Deleted: (7)Alternative to installing PV. As an alternative to installing all or part of the PV capacity required in this section, for each square foot of PV required but not installed, a payment may be made into the City’s Solar Trust Fund at a rate of $39 per square foot of PV, or as amended in the City’s Schedule of Fees and Fines.... [5] Formatted: Strikethrough 8 ATTEST: APPROVED: ________________________ ________________________ CITY CLERK MAYOR 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: ________________________ Commissioner Liebman: CITY ATTORNEY Page 4: [1] Deleted Philip Stoddard 7/6/17 3:00:00 PM * * * Potential Solar Zone. Shall mean the total area of any roofs sloped 30 degrees (7/12 rise-to-run) or less where the annual Solar Ratio is 70 percent or greater, and the area of any steeper-sloped roofs oriented within 80 degrees of true north where the annual Solar Ratio is 84 percent or greater. Page 4: [2] Deleted Philip Stoddard 6/27/17 11:15:00 AM Solar Insolation. Shall mean the measure of solar radiation energy received on a given surface area in a given time. It is commonly expressed as average irradiance in watts per square meter (W/m2) or kilowatt-hours per square meter per day (kW). Solar Ratio. Shall mean the ratio of solar insolation (including shade) to the solar insolation without shade for a yearly average of at least 6 hours a day as determined in Figure 20-2.3.W.1 or the equivalent. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual Solar Ratio, since construction shall be designed to avoid shading of the Potential Solar Zone. Figure 20-2.3.W.1 Approximate sun elevations (altitude angles) and sun directions (azimuth angles) across the day at different times of year in Miami to be used for determining areas of the roof insolated for at least 6 hours a day should area reductions from shading be sought. From: McCluney, R. (1985) Sun Positions in Florida. FSEC DN-4-83, Florida Solar Energy Center, University of Central Florida. Page 6: [3] Deleted Philip Stoddard 7/6/17 3:25:00 PM (3) Minimum specifications for solar collectors.[PS1] i. Solar photovoltaic systems: The total nameplate capacity of photovoltaic collectors shall be at least ten (10) watts DC per square foot of roof area allocated to the photovoltaic collectors. ii. Solar thermal systems: Single-family residential solar domestic water heating systems shall be OG-300 System Certified by either the Solar Rating and Certification Corporation (SRCC) or the International Association of Plumbing and Mechanical Officials (IAPMO). iii. Solar photovoltaic systems and solar thermal systems shall be installed in accord with all applicable State code requirements, including access, pathway, smoke ventilation, and spacing requirements, all applicable local code requirements, and manufacturer’s specifications. Page 6: [4] Deleted Philip Stoddard 7/3/17 10:20:00 AM (5) Safety Access. In calculating the solar zone, a walkway three (3) feet in width shall be left vacant on each side of each collector array segment (except the lower edge) for foot access by emergency responders. The solar zone shall comply with access, pathway, smoke ventilation, and other requirements as specified in the Florida Building Code or local code. [PS2] Page 7: [5] Deleted Philip Stoddard 7/3/17 10:24:00 AM (7) Alternative to installing PV. As an alternative to installing all or part of the PV capacity required in this section, for each square foot of PV required but not installed, a payment may be made into the City’s Solar Trust Fund at a rate of $39 per square foot of PV, or as amended in the City’s Schedule of Fees and Fines. (8) Solar Trust Fund (i) There is hereby created a Solar Trust Fund, the purpose of which is to fund installation solar power and solar water heating facilities on City property. (ii) Disbursement from Solar Trust Fund. Monies obtained for the Solar Trust Fund shall be distributed for the installation and maintenance of photovoltaic power and solar water heating on City-owned buildings and properties. (iii) Sources of monies for the Solar Trust Fund. Said fund shall consist of contributions in lieu of, or in conjunction with, required solar installations required under this ordinance.