SOLAR GUIDELINES

PARK ESTATES

Design Guidelines and Application Requirements

for

Solar Energy Systems, Roof Windows, Skylights, and Other Roof Mounted

Fixtures, Features and Equipment

The following Design Guidelines and Application Requirements for Solar Energy Systems, Roof Windows, Skylights, and Other Roof Mounted Fixtures, Features and Equipment (“Guidelines”) are primarily for the installation of solar energy systems. However, certain provisions are applicable for roof windows, skylights, and other roof mounted fixtures, features and equipment. These Guidelines are a supplement to the architectural requirements set forth in your property’s Protective Restrictions (CC&R) and will apply to all new construction, additions and remodels affecting roof designs and roofing material.  Interpretation, variances, and implementation of the CC&R and Guidelines are at the sole determination of the Park Estates Homeowners Association (PEHA) and its Architectural Review Board (ARB).

Definition

A solar energy system is defined as any solar collector or other solar energy device or any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

Based on this definition, the following common solar energy systems would be considered solar energy systems:

  • Photovoltaics (solar electric)
  • Solar water heating for use within a building
  • Solar water heating for space heating
  • Solar pool heating

Other roof mounted fixtures, features and equipment shall include, but not be limited to, skylights, roof windows, light tubes, HVAC equipment, ducts, piping, conduits, wiring, water tanks and collectors, antennas, satellite dishes and any other items that alter the existing profile, shape, texture, material, color, and form of the roof.

General Provisions Governing Installation of Solar Energy Svstem

1. While ARB is not responsible for verification of such equipment’s compliance with any and all applicable governing regulations, requirements and standards, ARB will require that all owners of property to submit for ARB’s review only those systems that meet and satisfy any and all applicable governing regulations, requirements and standards. Whether specifically stated in the ARB’s written approval or not, all approvals are based on the condition that the system complies with all such governmental regulations, requirements and standards.

2. ARB shall review the application for approval of the installation or use of a solar energy system in the same manner as an application for approval of an architectural modification to the property.

3. ARB shall have the right to disapprove an application for a proposed solar energy system based on aesthetics pertaining to profile, size, mass, color, texture, material, and other aesthetic criteria considered by the ARB pursuant to the CC&R’s and the Guidelines referenced herein.

4. ARB shall review an application for a proposed solar energy system based on all CC&R requirements pertaining to the built structures on each property, specifically as it relates to setbacks and heights.

5. ARB may require alteration or substitution of the solar energy system based on CC&R requirements as well as any other regulations including California Solar Rights Act (“Act”).

6. The homeowner of the approved and installed solar energy system shall properly maintain such solar energy system to ensure that it does not dilapidate or create visual and/or aesthetic nuisance as determined by the ARB. Should the installed solar energy system not be properly maintained resulting in visual and/or aesthetic nuisance, ARB reserves to right to enforce any of its rights under the CC&R’s to insure homeowner compliance that may include, but not be limited to, fines and/or litigation as referenced in the CC&R’s.

7. Should the installed solar energy system be no longer functioning, in use or in violation of any governmental regulation or requirement, the ARB may require owner to maintain the solar energy system in a good and aesthetically pleasing condition pursuant to the CC&R’s, as well as these Guidelines, that may include the removal of said solar energy system if warranted and said removal shall include remedying the area of the removed system to its original state of compliance with the CC&R as determined by the ARB.

8. Should a homeowner allow a solar energy system unapproved by the ARB to be installed or not as approved, ARB shall impose remedy or removal of such solar energy system at the homeowner’s expense and the homeowner shall reimburse PEHA for any and all expenses, including legal expenses and/or violation fines, required to enforce this guideline.

9. In case an applicant challenges the ARB’s decision based on specific regulations, the applicant shall have the responsibility to submit to ARB written copies of such regulatory requirements for the ARB’s review and acceptance prior to the commencement of installation.

10. No disapproval shall have the effect of increasing the cost of the proposed solar energy system by more than $2,000.00 or decreasing the efficiency of the solar energy system by more than 20% pursuant to said Act unless said Act is formally modified by governmental authorities in the future. Applicants can appeal any disapproval based on aesthetic considerations as referenced herein by submitting written documentation to prove that complying with the ARB’s aesthetic criteria would increase the cost or decrease the efficiency of the system in excess of these caps referenced herein. This provision does not apply to disapprovals based on health or safety requirements or failure to comply with governmental requirements.

Design Guidelines

1. Any and all roof mounted fixtures, features, equipment and solar energy systems defined above not located on the roof shall be maintained in accordance with the setbacks as required for the subject property and concealed from the neighboring view subject to review and approval by the ARB. Where appropriate or possible a fence or wall of sufficient height may be used to aid in screening the solar energy system from view upon determination by the ARE.

2. Any and all roof mounted fixtures, features, equipment and systems defined above located on a roof shall be within the wall line of the structure. However, the ARB may require additional distance between solar energy system and roof edge if the roof overhang is minimal.

3. All roof mounted solar energy systems and related construction shall be an integral part of the roof and have the appearance that they are “roof windows” serving the structure, and should maintain the aesthetic nature of the existing structure. In instances of new construction or major remodels, solar energy systems shall be mounted flush with the roofing material and in the same plane of the roof on which the solar energy system is mounted.

4. The ARB may ask for alternative combinations in smaller groupings when large areas of grouped solar panels or the solar energy systems are found not to be aesthetically satisfactory.

5. Panel material for solar energy systems should be dark in color and/or be consistent with the existing character of the structure.

6. A cover plate or the glazing for solar energy systems should be either transparent or consistent with the character of the structure.

7. Solar energy systems should be constructed of rigid materials or as approved by the ARB.

8. All roofing materials, including portions underneath and/or abutting solar energy systems, shall be of materials compliant with within the CC&R’s and at the final determination and confirmation by the ARB.

9. All plumbing, electrical, and utility lines for the solar energy system shall be concealed from view.

10. ARB may require alteration or substitution of the solar energy system based on CC&R requirements as well as any other regulations including California Solar Rights Act (“Act”).

11. No disapproval shall have the effect of increasing the cost of the proposed solar energy system by more than $2,000.00 or decreasing the efficiency of the solar energy system by more than 20% pursuant to said act unless said Act is formally modified by governmental authorities in the future. Applicants can appeal any disapproval based on aesthetic considerations by submitting written Documentation to prove that complying with the ARB’s aesthetic criteria would increase the cost or decrease the efficiency of the system in excess of these caps referenced herein as part of said Act. This provision does not apply to disapprovals based on health or safety requirements or failure to comply with governmental requirements.

Application Requirements

1. The Application process will consist of a minimum of two (2) appearances before the ARB that shall bear a cost of $100.00 per submitted application unless otherwise determined at the discretion of the ARB. The first appearance will be for the applicant to define the scope of work and provide backup documentation in writing as referenced herein, allow the ARB an initial design review and allow the ARB to make a determination of effected property owners. One (1) or more additional appearances will be for further review of design and input from effected homeowners. ARB shall provide prompt responses to completed architectural submissions for solar energy systems. Each decision rendered by ARB regarding solar energy systems shall be in writing and any disapproval shall state with particularity the reason for application denial pursuant to the CC&R’s and/or these Guidelines as well as any appeals process if any. Any solar energy systems not approved or disapproved within 60 days of full submittal by homeowner and/or applicant as determined by the ARB shall be deemed approved unless otherwise mutually agreed by the parties.

2. Sample of the proposed solar energy systems and manufacturer’s product literature shall be submitted with the application to the satisfaction of ARB.

3. Professionally drawn construction drawings shall be provided with the initial application. Drawings shall be to scale and should clearly show all elevations, assembly, the attachment to the roof structure, and proposed location on the lot or building. Details that apply to the specific installation (plumbing, panels, attachments, etc.) shall also be provided.

4. Calculations shall be provided with the initial application verifying the number and/or area of panels required for the proposed solar energy system.

5. Photographs shall be submitted showing the location of the proposed solar energy systems and their visibility from neighboring structures and street(s).

6. Prior to final approval, at the discretion of the ARB, nearby homeowners’ input and approval may be required. The homeowners affected by the request shall be as determined by the ARB, and a written petition of approval or a formal project review meeting may be required. The plans and submittals for the solar energy systems will be made available for nearby effected homeowners’ review, and signatures of concurrence may be required before final approval is given by the ARB.

{Revised 8/19/10}

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