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Home My Public Portal AboutOrdinance No. 1161-10 02-23-2010 1161-10 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS ADOPTING ARTICLE XIV OF CHAPTER 14 OF THE CITY CODE, FOR THE PURPOSE OF REGULATING THE CONSTRUCTION AND USE OF RENEWABLE TECHNOLOGIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council has determined that energy efficiency is required to maximize our nation's scarce natural resources and protect the environment, and wishes to encourage technologies that promote energy efficiency and renewable energy, but still provide for orderly regulation and development which will protect existing property values and aesthetic concerns in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ADOPTION OF RENEWABLE ENERGY REGULATIONS Chapter 14 of the Richland Hills City Code is hereby amended by the addition of a new Article XIV, which shall provide as follows: ARTICLE XIV. RENEWABLE ENERGY TECHNOLOGY Sec. 14-480. Photovoltaic Systems (a) Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Building code is the International Building Code and the International Residential Construction Code, as may be appropriate, and all ancillary building codes, as adopted and amended by the City of Richland Hills. Building Official means the Chief Building Official or the Chief Building Official's designee to enforce this article. Council means the City Council of the City of Richland Hills. Electric Code is the National Electric Code as adopted and amended by the City of Richland Hills. Flat Roof means roof construction with a slope of %z inch per foot or less. Photovoltaic system means a system consisting of multiple components, including cells, mechanical and electrical connections and mountings and means of regulating and/or modifying the electrical output, which system uses solar cells to convert light into electricity. (b) Permit required. No photovoltaic systems shall be installed, constructed, erected, maintained, or used within the city without first obtaining required building and electrical permits from the building official. (c) Application requirements. All photovoltaic systems shall comply with all applicable provisions set forth in the building and electric codes as adopted by this Chapter. Permit applications for photovoltaic systems shall provide the following: (1) Completed permit application form with the required information provided; (2) A dimensioned site plan or drawing graphically depicting all existing and proposed structures on the site, setbacks, easements, adjacent rights-of--way, lot boundaries and dimensions, parking spaces, the photovoltaic system and associated components, a directional arrow, and any other features necessary to evaluate the proposals compliance with City Code, as determined by the building official; (3) A letter sealed by a qualified engineer stating the calculations and details demonstrating method of attachment of panels and adequacy of supporting members. Include wind uplift effects; and (4) Elevation drawings that show heights of the panels and indicate how they comply with the height limit for the property. (d) Development Standards. (1) Panels and equipment shall not be located in required setbacks. (2) Panels and equipment shall not be located in required parking areas. (3) Related equipment may be located where on-site utility meters are permitted, provided, however, that if on-site utility meters are located within an easement, the applicant shall provide a notarized letter from the current owner of said easement granting permission to locate such equipment in the easement. (4) Ground-mounted panels may be located where accessory structures are permitted; (5) All related equipment and conduit, excluding photovoltaic panels, shall be screened from the public right-of--way. (6) Skylights, access or ventilation hatches shall require a minimum of three (3) feet of clearance from obstructions. Residential applications shall require a pathway a minimum of three (3) feet wide around two sides of such structures. Commercial applications shall require a pathway a minimum of four (4) feet wide around two sides of such structures. (7) No component of a Photovoltaic Systems mounted on the roof tops shall be located within four (4) feet of any HVAC equipment or other motorized or electric appliances. (8) Residential photovoltaic panel clusters shall be no larger than 50-feet by 50-feet, and each panel cluster must be separated by a minimum of 3 feet. (9) Commercial or non-residential photovoltaic panel clusters shall be no larger 150- feet by 150-feet, and each panel cluster must be separated by a minimum 8 feet. (10) Commercial or non-residential photovoltaic panel clusters shall not be located closer than 6 feet from the edges of the roof. (11) South-facing pitched roofs (within 45° east or west of due south), in addition to all other applicable provisions, shall be subject to the following provisions: (i) Photovoltaic panels shall be low profile and, if mounted on a pitched roof, must be parallel with the plane of the pitched roof. (ii) The top of photovoltaic panels shall not extend more than 8 inches above the adjacent finish roofing surface (e.g.: shingles). (iii) Photovoltaic panels shall not project above the ridge line of a pitched roof. (iv) Placement of photovoltaic panels shall be uniform; they shall be considered part of the overall roof configuration. The shape and proportions of the array shall be matched to the shape and proportions of the roof. (v) The color of photovoltaic panel frames and support structure shall be neutral and compatible with the surface color of the roof, if visible from the street or adjacent buildings. (vi) Exposed frames and components shall be anon-reflective surface. (vii) In residential applications, photovoltaic panels placed on hip or pitched roofs shall be placed so as to provide an access pathway from the eave to the ridge on each roof slope at least one 3-foot wide, and six inches of clearance shall be provided along eaves. (viii) In residential applications where the structure has a single ridge, photovoltaic panels shall be placed so as to provide at least two access pathways from the eave to the ridge on each roof slope at least one 3-foot wide. (ix) Photovoltaic modules shall be located no closer than eighteen (18) inches from any hip or valley feature of a pitched roof. (12) North and east-facing pitched roofs (within 45° of south of due east or west), in addition to all other applicable provisions, shall be subject to the following provisions: (i) The tilt of photovoltaic panels shall not exceed fifteen (15) degrees above the horizontal plane. (ii) The height of photovoltaic panels shall not exceed twenty-four (24) inches above the roof surface at any point. (iii) Photovoltaic panels shall not project above the roof ridge line. (iv) Placement of photovoltaic panels shall be uniform; they shall be considered part of the overall roof configuration. The shape and proportions of the array shall be matched to the shape and proportions of the roof. (v) The color of photovoltaic panel frames and support structure should be neutral and compatible with roof surface color, if visible from the street or adjacent buildings. (vi) Exposed frames and components shall be anon-reflective surface. (vii) In residential applications, photovoltaic panels placed on hip or pitched roofs shall be placed so as to provide an access pathway from the eave to the ridge on each roof slope at least one 3-foot wide, and six inches of clearance shall be provided along eaves. (viii) In residential applications where the structure has a single ridge, photovoltaic panels shall be placed so as to provide at least two access pathways from the eave to the ridge on each roof slope at least one 3-foot wide. (ix) Photovoltaic modules shall be located no closer than eighteen (18) inches from any hip or valley feature of a pitched roof. (13) Flat roofs, in addition to all other applicable provisions, shall be subject to the following provisions: (i) The top of photovoltaic panels shall not extend more than thirty (30) inches above the adjacent finish roofing surface on flat roofs, with or without parapets. (ii) Placement of photovoltaic panels shall be uniform; they shall be considered part of the overall roof configuration. The shape and proportions of the array shall be matched to the shape and proportions of the roof. (iii) Color of photovoltaic panel frames and support structure shall be neutral and compatible with roof surface color when visible from the street or adjacent buildings. (iv) Exposed frames and components shall be anon-reflective surface. (v) When mounted on a residential buildings with a flat roof, no component of a photovoltaic system shall be located within four (4) feet of the perimeter of the flat roof, and an access pathway at least four (4) feet wide shall be provided, located at a structurally strong location on the building, such as a bearing wall. (e) *Electric Installation Provisions. The following provisions shall be met in addition to all applicable electric codes as set forth by this chapter; where conflicts arise, the more restrictive shall apply. (1) Electrical panel shall be labeled "CAUTION: SOLAR ELECTRIC CONNECTED" (2) All electrical panel shut-offs shall be designed to shut off all power (solar and domestic) after the panel. (3) All electrical equipment shall be listed by a recognized testing agency. (4) A means of disconnect, which is rated for both AC (alternating current) and DC (direct current) voltage, shall be provided. (5) Hazardous transmission lines shall be labeled "CAUTION -ELECTRICAL HAZARD". (6) Signage or clear identification of main service disconnect using minimum 3/8" height letters with reflective weather-resistant material shall be provided. (f) Approval. The building official shall have the authority to approve permits for photovoltaic systems as an accessory to structures within the city, provided the permit request complies with provisions set forth in this chapter. Alternative methods of compliance may be permitted with approval from the Building Official and the Fire Marshal. (g) Appeal. Denied permits may be appealed to the City Council after a recommendation is made by the Planning and Zoning Commission. Appeal requests must be received within 10 calendar days of permit denial by written letter from the property owner. The appeal request must include a statement detailing the provisions are not compliant and a detailed explanation describing the need for relief from the Code provisions as adopted. The appeal before the Planning and Zoning Commission and the City Council shall be duly notice public hearings. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code amended or revised herein, or any other ordinances affecting the matters regulated herein which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION The City Secretary of the City of Richland Hills is directed to publish the caption, penalty clause, publication clause and effective date of this Ordinance to the extent required by law. SECTION 7. PUBLICATION IN BOOK OR PAMPHLET FORM The City Secretary of the City of Richland Hills is hereby authorized to publish this ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 8. PENALTY FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON THIS 23 DAY OF February , 2010. ,~,r \ / r Y~~ fi HONORABLE DAVID L. GAN, MAYOR ATTEST: \`~~U~ituuiirrrrrii NDA CANTU, TRMC, CITY SECRETARY 4 j ~ l~n: February 23 , 2010 = ~ ~ m EFFECTIVE DATE: : ' • ~y APPROVED A T ,''s....... O ORM AND LEGALITY: i~~~rrrrr11111111"\\~~~~~ /j/Y1~~, r TIM G. SRALLA, CITY ATTORNEY