Promoting Solar Energy Use Through Local Development Regulations
Promoting Solar Energy Use Through Local Planning
Promoting Solar Energy Use Through Local Development Regulations
Courtesy of DOE/NREL
1
About the SunShot Solar Outreach Partnership
The SunShot Solar Outreach Partnership (SolarOPs) is a U.S. Department of Energy (DOE) program designed to increase the use and integration of solar energy in communities across the US. 2
About the SunShot Solar Outreach Partnership Resource
SolarOutreach.org
Upcoming Events Fact Sheets How-To Guides
Podcasts & Webinars Case Studies Technical Assistance
www.solaroutreach.org 3
Promoting Solar Energy Use Through Local Planning Webinar Series Planning for Solar Energy Briefing Papers – Solar Community Engagement Strategies for Planners – Solar Mapping – Integrating Solar Energy Use into Local Plans – Integrating Solar Energy Use into Local Development Regulations – Balancing Solar Energy Use with Potential Competing Interests – Recycling Land for Solar Energy Development
www.planning.org/research/solar/ 4
Promoting Solar Energy Use Through Local Planning Webinar Series Putting Solar Energy Use on the Local Policy Agenda – September 23, 2013 – 1-2 PM Eastern Promoting Solar Energy Use Through Local Plans – September 20, 2013 – 1-2 PM Eastern Promoting Solar Energy Use Through Local Development Regulations – November 1, 2013 – 1-2 PM Eastern www.planning.org/research/solar/
5
Framing Questions Why is it important to address solar energy use explicitly in local development regulations? What are the basic types of provisions communities should consider? What are some new trends and less-common provisions for communities to consider?
6
Speakers Ann Dillemuth, AICP Research Associate, American Planning Association
Darcie White, AICP Director, Clarion Associates, Denver, Colorado
7
Why Address Solar in the Zoning Code? • To create a supportive regulatory environment – Eliminate uncertainty in the development process – Ensure appropriate system placement – Prevent nuisances
Photo: NREL
8
Why Address Solar in the Zoning Code? Mitigate potential conflicts between solar and other community values – Tree preservation – Historic preservation – Redevelopment
Photo: NREL
9
Why Address Solar in the Zoning Code?
Protect access to solar resources Promote solar-friendly site development Encourage solarready structures Photo: NREL
10
Removing Barriers to Solar • Override / prohibit private covenants • Make solar a by-right accessory use • Craft exceptions to permit solar in special districts (e.g., historic districts) • Allow modest adjustments to regulations (e.g., setbacks) to allow applicants to meet solar access requirements 11
Removing Barriers to Solar Solar Laws exist in 38 states and the USVI to prevent barriers and authorize incentives, but people are often unaware of their rights. www.dsireusa.org April 2011
DC
Solar Easements Provision Solar Rights Provision
Local option to create solar rights provision
Solar Easements and Solar Rights Provisions
U.S. Virgin Islands
12
Removing Barriers to Solar Examples: State Laws • NEVADA - Restricts local govt. power to prohibit or
• • •
“unreasonably” restrict solar and wind energy facilities. “Unreasonably” defined to include significant decrease in efficiency or increase in cost. NRS 278.0208. CONNECTICUT/CALIFORNIA - Partially preempts local authority over energy facilities in historic districts. Conn. Gen. Stat. Sec. 7-147f(a) 2007. WASHINGTON - State Energy Facility Site Evaluation Council has authority to certify sites for alternative energy facilities over county objection. RCW 80.50.060. COLORADO/CALIFORNIA/ARIZONA - Preempts private covenants that prohibit solar energy systems (CA AB 1982), clothes lines (“right-to-dry”) (CO HB 0913 1149).
Removing Barriers to Solar Example: Historic District Guidelines
Sources: City of San Antonio Historic District Design Guidelines (Left); Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings (Right)
14
Removing Barriers to Solar Example: Flexible Setbacks and Height Limits • PORTLAND, OR – Installations
•
of less than 6 feet in height may be placed in the setbacks of the individual lot HERMOSA BEACH, CA – Solar collectors and solar energy systems may exceed zoning height limits to maximum extent feasible for their safe and efficient operation
Photo: www.ebuild.com
15
Creating Incentives for Solar • Streamline Approval Process • Reduce Permitting Costs • Increase Flexibility on Other Standards in Exchange for the Incorporation of Solar
Source: Denver Business Journal
16
Creating Incentives for Solar Examples: Streamline Approval Process • Create solar permitting "check list” • Make solar approvals a “onestop shop” to reduce overall timeline • Expedite processing for solar applications • Appoint a solar ombudsman Sacramento, CA; Madison, WI; Miami, FL; Portland, OR http://www.cityofsacramento.org/dsd/customer-service/sacramento-streamline.cfm
17
Creating Incentives for Solar Examples: Reduce Permitting Costs • Waive(or reduce) fee paid by applicant for qualifying solar installations – Photovoltaic (PV) – Solar domestic hot water and space heating – Solar air conditioning systems
Source: www.ci.berkley.ca.us
18
Creating Incentives for Solar Example: Increased Flexibility in Exchange for Solar (or other features) • Portsmouth, VA awards bonuses for green building features (including solar) in business, multifamily, waterfront, and downtown districts: – – – –
Density increases up to 20% Height increases up to two stories Building increases up to 15% Reduction of parking requirements up to 15%
Photo: Bill Lott
• Provides menu of qualifying green building features, including generation of 20% of on-site electricity from renewable sources
19
Types of Solar Provisions Standards for solar energy systems Accessory systems (e.g., rooftop PV panels) Primary-use systems (e.g., solar farms)
Solar easements Solar access Solar site design “Solar-ready” homes
20
Accessory Solar Energy Systems Permit by right in all districts Development standards – Panel placement • Rooftops • Yards
– Height – Appearance
Permitting requirements
Photo: NREL
21
Primary-Use Solar Energy Systems
Limiting allowable zoning districts Conditional or special use designation Height, setbacks, screening Fencing, signage for safety and security Application requirements and criteria Decommissioning
Photo: NREL
22
Primary-Use Solar Energy Systems Example: Iron County, Utah (Ch. 17.33) • Definitions • Regulations and Design Standards – Permitted locations; design standards – lot size, height, setbacks, safety/access, noise, visual appearance, electrical interconnection, fire protection
• Provisions for Conditional Use Review – Rationale, siting, economic analysis, environmental impacts, FAA review, transportation plan, decommissioning 23
Protecting Solar Access Solar easements are legal agreements that protect solar access on a particular property through limits on: – building height – trees and other vegetation
Typically voluntary but may be tied to permit process Over 30 states have enacted solar easement statutes 24
Solar Access Ordinances Typical Requirements • Protection of solar access • Minimize shade on adjoining properties through limits on – Building height and massing – Tree and landscaping placement • Solar access permits
Source: New York TImes
25
Solar Access Ordinances Example: Boulder, CO • Applicable citywide • Defines three tiers of Solar Access Areas to address variations in lot size, density, and topography • Height of “Solar Fence” allowed within each area varies • Defines clear process for granting exceptions • Option to apply for Solar Access Permit
Source: www.bouldercolorado.gov
26
Solar Access Ordinances Example: Fort Collins, Colorado • Elements of the development plan shall be located and designed, to the maximum extent feasible, to protect access to solar energy systems or solar oriented rooftop surfaces suitable for solar • Impact of trees shall be evaluated on an individual basis • No option to apply for Solar Access Permit
27
Solar Siting Ordinances Typical Requirements • Minimum number of lots must be “Solar-Oriented Lots” • Streets designed to maximize solar access • Typically applied to lowdensity residential zones
Source: www.clackamas.us
28
Solar-Ready Homes Prewiring for solar PV systems Pre-plumbing for solar hot water systems Mandatory or voluntary provisions Source: NREL
29
Emerging Trends: Solar Gardens Larger solar facility serving a group of homes or businesses Many communities limit to non-residential zone districts by-right Standards for siting in residential areas should be considered early in the process (e.g., screening, height, lot coverage)
Source: http://www.solargardens.org
30
Emerging Trends: Solar Panels on Shade Structures Key Considerations: • Fixed vs. movable panels • Allowances for building appurtenances on accessory structures • Reflectivity
Source: http://t4g.thunderbird.edu
Source: http://brandgeek.net
31
Emerging Trends: Mandatory Solar Solar now required on all new homes in two California communities (Lancaster and Sebastopol) Solar hot water required in Hawaii communities Solar mandatory on large commercial developments in Culver City, California
Source: Clarion Associates
32
Final Thoughts Ann: APA SolarOPs Resources Solar Briefing Papers Solar Energy Resource List and FAQs PAS EIP: Planning and Zoning for Solar Energy PAS Solar inquiries Send questions to [email protected]
PAS Report 575: Planning for Solar Energy Publication date January 2014
http://www.planning.org/research/solar/ 33
Final Thoughts Darcie: – Think comprehensively — range of issues to be addressed – No one “right” way to tackle this issue – Important to understand the range of possible options – Develop a tailored approach that will best suit your community’s needs
34
Questions?
Denver Museum of Nature & Science
35
Ann Dillemuth, AICP Research Associate, American Planning Association [email protected]
Darcie White, AICP Director, Clarion Associate, Denver, Colorado [email protected] 36
Promoting Solar Energy Use Through Local Development Regulations
Courtesy of DOE/NREL
1
About the SunShot Solar Outreach Partnership
The SunShot Solar Outreach Partnership (SolarOPs) is a U.S. Department of Energy (DOE) program designed to increase the use and integration of solar energy in communities across the US. 2
About the SunShot Solar Outreach Partnership Resource
SolarOutreach.org
Upcoming Events Fact Sheets How-To Guides
Podcasts & Webinars Case Studies Technical Assistance
www.solaroutreach.org 3
Promoting Solar Energy Use Through Local Planning Webinar Series Planning for Solar Energy Briefing Papers – Solar Community Engagement Strategies for Planners – Solar Mapping – Integrating Solar Energy Use into Local Plans – Integrating Solar Energy Use into Local Development Regulations – Balancing Solar Energy Use with Potential Competing Interests – Recycling Land for Solar Energy Development
www.planning.org/research/solar/ 4
Promoting Solar Energy Use Through Local Planning Webinar Series Putting Solar Energy Use on the Local Policy Agenda – September 23, 2013 – 1-2 PM Eastern Promoting Solar Energy Use Through Local Plans – September 20, 2013 – 1-2 PM Eastern Promoting Solar Energy Use Through Local Development Regulations – November 1, 2013 – 1-2 PM Eastern www.planning.org/research/solar/
5
Framing Questions Why is it important to address solar energy use explicitly in local development regulations? What are the basic types of provisions communities should consider? What are some new trends and less-common provisions for communities to consider?
6
Speakers Ann Dillemuth, AICP Research Associate, American Planning Association
Darcie White, AICP Director, Clarion Associates, Denver, Colorado
7
Why Address Solar in the Zoning Code? • To create a supportive regulatory environment – Eliminate uncertainty in the development process – Ensure appropriate system placement – Prevent nuisances
Photo: NREL
8
Why Address Solar in the Zoning Code? Mitigate potential conflicts between solar and other community values – Tree preservation – Historic preservation – Redevelopment
Photo: NREL
9
Why Address Solar in the Zoning Code?
Protect access to solar resources Promote solar-friendly site development Encourage solarready structures Photo: NREL
10
Removing Barriers to Solar • Override / prohibit private covenants • Make solar a by-right accessory use • Craft exceptions to permit solar in special districts (e.g., historic districts) • Allow modest adjustments to regulations (e.g., setbacks) to allow applicants to meet solar access requirements 11
Removing Barriers to Solar Solar Laws exist in 38 states and the USVI to prevent barriers and authorize incentives, but people are often unaware of their rights. www.dsireusa.org April 2011
DC
Solar Easements Provision Solar Rights Provision
Local option to create solar rights provision
Solar Easements and Solar Rights Provisions
U.S. Virgin Islands
12
Removing Barriers to Solar Examples: State Laws • NEVADA - Restricts local govt. power to prohibit or
• • •
“unreasonably” restrict solar and wind energy facilities. “Unreasonably” defined to include significant decrease in efficiency or increase in cost. NRS 278.0208. CONNECTICUT/CALIFORNIA - Partially preempts local authority over energy facilities in historic districts. Conn. Gen. Stat. Sec. 7-147f(a) 2007. WASHINGTON - State Energy Facility Site Evaluation Council has authority to certify sites for alternative energy facilities over county objection. RCW 80.50.060. COLORADO/CALIFORNIA/ARIZONA - Preempts private covenants that prohibit solar energy systems (CA AB 1982), clothes lines (“right-to-dry”) (CO HB 0913 1149).
Removing Barriers to Solar Example: Historic District Guidelines
Sources: City of San Antonio Historic District Design Guidelines (Left); Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings (Right)
14
Removing Barriers to Solar Example: Flexible Setbacks and Height Limits • PORTLAND, OR – Installations
•
of less than 6 feet in height may be placed in the setbacks of the individual lot HERMOSA BEACH, CA – Solar collectors and solar energy systems may exceed zoning height limits to maximum extent feasible for their safe and efficient operation
Photo: www.ebuild.com
15
Creating Incentives for Solar • Streamline Approval Process • Reduce Permitting Costs • Increase Flexibility on Other Standards in Exchange for the Incorporation of Solar
Source: Denver Business Journal
16
Creating Incentives for Solar Examples: Streamline Approval Process • Create solar permitting "check list” • Make solar approvals a “onestop shop” to reduce overall timeline • Expedite processing for solar applications • Appoint a solar ombudsman Sacramento, CA; Madison, WI; Miami, FL; Portland, OR http://www.cityofsacramento.org/dsd/customer-service/sacramento-streamline.cfm
17
Creating Incentives for Solar Examples: Reduce Permitting Costs • Waive(or reduce) fee paid by applicant for qualifying solar installations – Photovoltaic (PV) – Solar domestic hot water and space heating – Solar air conditioning systems
Source: www.ci.berkley.ca.us
18
Creating Incentives for Solar Example: Increased Flexibility in Exchange for Solar (or other features) • Portsmouth, VA awards bonuses for green building features (including solar) in business, multifamily, waterfront, and downtown districts: – – – –
Density increases up to 20% Height increases up to two stories Building increases up to 15% Reduction of parking requirements up to 15%
Photo: Bill Lott
• Provides menu of qualifying green building features, including generation of 20% of on-site electricity from renewable sources
19
Types of Solar Provisions Standards for solar energy systems Accessory systems (e.g., rooftop PV panels) Primary-use systems (e.g., solar farms)
Solar easements Solar access Solar site design “Solar-ready” homes
20
Accessory Solar Energy Systems Permit by right in all districts Development standards – Panel placement • Rooftops • Yards
– Height – Appearance
Permitting requirements
Photo: NREL
21
Primary-Use Solar Energy Systems
Limiting allowable zoning districts Conditional or special use designation Height, setbacks, screening Fencing, signage for safety and security Application requirements and criteria Decommissioning
Photo: NREL
22
Primary-Use Solar Energy Systems Example: Iron County, Utah (Ch. 17.33) • Definitions • Regulations and Design Standards – Permitted locations; design standards – lot size, height, setbacks, safety/access, noise, visual appearance, electrical interconnection, fire protection
• Provisions for Conditional Use Review – Rationale, siting, economic analysis, environmental impacts, FAA review, transportation plan, decommissioning 23
Protecting Solar Access Solar easements are legal agreements that protect solar access on a particular property through limits on: – building height – trees and other vegetation
Typically voluntary but may be tied to permit process Over 30 states have enacted solar easement statutes 24
Solar Access Ordinances Typical Requirements • Protection of solar access • Minimize shade on adjoining properties through limits on – Building height and massing – Tree and landscaping placement • Solar access permits
Source: New York TImes
25
Solar Access Ordinances Example: Boulder, CO • Applicable citywide • Defines three tiers of Solar Access Areas to address variations in lot size, density, and topography • Height of “Solar Fence” allowed within each area varies • Defines clear process for granting exceptions • Option to apply for Solar Access Permit
Source: www.bouldercolorado.gov
26
Solar Access Ordinances Example: Fort Collins, Colorado • Elements of the development plan shall be located and designed, to the maximum extent feasible, to protect access to solar energy systems or solar oriented rooftop surfaces suitable for solar • Impact of trees shall be evaluated on an individual basis • No option to apply for Solar Access Permit
27
Solar Siting Ordinances Typical Requirements • Minimum number of lots must be “Solar-Oriented Lots” • Streets designed to maximize solar access • Typically applied to lowdensity residential zones
Source: www.clackamas.us
28
Solar-Ready Homes Prewiring for solar PV systems Pre-plumbing for solar hot water systems Mandatory or voluntary provisions Source: NREL
29
Emerging Trends: Solar Gardens Larger solar facility serving a group of homes or businesses Many communities limit to non-residential zone districts by-right Standards for siting in residential areas should be considered early in the process (e.g., screening, height, lot coverage)
Source: http://www.solargardens.org
30
Emerging Trends: Solar Panels on Shade Structures Key Considerations: • Fixed vs. movable panels • Allowances for building appurtenances on accessory structures • Reflectivity
Source: http://t4g.thunderbird.edu
Source: http://brandgeek.net
31
Emerging Trends: Mandatory Solar Solar now required on all new homes in two California communities (Lancaster and Sebastopol) Solar hot water required in Hawaii communities Solar mandatory on large commercial developments in Culver City, California
Source: Clarion Associates
32
Final Thoughts Ann: APA SolarOPs Resources Solar Briefing Papers Solar Energy Resource List and FAQs PAS EIP: Planning and Zoning for Solar Energy PAS Solar inquiries Send questions to [email protected]
PAS Report 575: Planning for Solar Energy Publication date January 2014
http://www.planning.org/research/solar/ 33
Final Thoughts Darcie: – Think comprehensively — range of issues to be addressed – No one “right” way to tackle this issue – Important to understand the range of possible options – Develop a tailored approach that will best suit your community’s needs
34
Questions?
Denver Museum of Nature & Science
35
Ann Dillemuth, AICP Research Associate, American Planning Association [email protected]
Darcie White, AICP Director, Clarion Associate, Denver, Colorado [email protected] 36
