(A) The Planning and Building Department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems subject to this subchapter.
(B) An application that town staff determines satisfies the information requirements contained in the town’s checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete.
(C) If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
(D) After town staff deems an application complete, Town staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.
(E) The Planning and Building Department shall issue a building permit or other nondiscretionary permit the same day for over-the-counter applications or within one to three business days for electronic applications of receipt of a complete application that meets the requirements of the approved checklist and standard plan, as well as all local, state, and federal health and safety requirements.
(F) The Building Official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the Planning Commission.
(1) Notwithstanding any other provision of the Fairfax Town Code to the contrary, the Building Official is authorized to issue use permits for small residential rooftop solar energy systems. A public hearing on the application for the use permit shall be held and notice of the same shall be provided as set forth in § 17.032.050 of the Town Code.
(2) If a use permit is required, the Building Official may deny an application for the use permit only if the Building Official makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for satisfactorily mitigating or avoiding the adverse impact. Any such decision may be appealed to the Planning Commission.
(a) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective
method, condition, or mitigation imposed by the town on another similarly situated application in a prior successful application for a permit.
(b) The town shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the following:
1. For solar domestic water heating systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.
2. For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed.
(3) The town shall not condition approval of an application on the approval of an association, as defined in Cal. Civil Code § 4080. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.
(Ord. 794, passed 10-7-2015)