Table of Contents
1. Objective
2. Foundation design guidelines
3. Florida Statute
4. Reference Material
5. Proposal for installation
1. Objective
2. Foundation design guidelines
3. Florida Statute
4. Reference Material
5. Proposal for installation
1. Objective
Mike input - Our end result will be a new section on solar panels in the Architectural Review Criteria to be approved by the board. It should be consistent with both the Florida statute, the Pelican Bay Foundation review criteria, and the mission of the board to preserve property values and the look of our community.
Mike input - Our end result will be a new section on solar panels in the Architectural Review Criteria to be approved by the board. It should be consistent with both the Florida statute, the Pelican Bay Foundation review criteria, and the mission of the board to preserve property values and the look of our community.
2. Foundation Design Guidelines
Lisa Warren, Pelican Bay Director of Design Review and Covenants provided this description of how PB handles and evaluates solar requests:
Below is some information from our governing documents (the PB Declaration and the PB Design Guidelines) about Solar Panels you may find helpful. Solar panels are regulated by the Federal Government, so it can be a sticky situation when trying to require installation in certain areas due to their quite strict regulations. You may want to check your Bridge Way governing documents to see how they are addressed there too.
Pelican Bay Declaration
3.13 Solar Collectors. Solar collectors shall only be permitted at locations and on structures as are first approved in writing by the Foundation.
Section 10Q. of the Pelican Bay Design Guidelines
Solar Panels
· Solar panels, devices and related appurtenances and equipment are an integral part of the Principal Building. Location and placement shall be approved by the Foundation.
· Solar panels shall be placed on roofs in such a manner as to be parallel to roof lines, shall appear to be flush with the roof, located behind the structure, completely concealed from the road, neighboring properties or open spaces (providing location does not impair effective operation of the solar panels).
· Solar panels wiring, and other components shall be concealed and must be painted so as to blend with the roof surface.
· In the case it is determined that placement of the solar panels is required on the front of the building facing the street for effective operation, the location and placement must be reviewed with the DRC. Where the homeowner provides adequate information in support of that determination including:
· A plan, to scale showing the location and orientation of the panels.
· The panels must be as close to flat on the roof as possible.
· Wiring and components shall be concealed.
The owner would need to complete a Minor Project Application for us, which must be first approved by the Bridge Way Association or ARC.
Lisa Warren, Pelican Bay Director of Design Review and Covenants provided this description of how PB handles and evaluates solar requests:
Below is some information from our governing documents (the PB Declaration and the PB Design Guidelines) about Solar Panels you may find helpful. Solar panels are regulated by the Federal Government, so it can be a sticky situation when trying to require installation in certain areas due to their quite strict regulations. You may want to check your Bridge Way governing documents to see how they are addressed there too.
Pelican Bay Declaration
3.13 Solar Collectors. Solar collectors shall only be permitted at locations and on structures as are first approved in writing by the Foundation.
Section 10Q. of the Pelican Bay Design Guidelines
Solar Panels
· Solar panels, devices and related appurtenances and equipment are an integral part of the Principal Building. Location and placement shall be approved by the Foundation.
· Solar panels shall be placed on roofs in such a manner as to be parallel to roof lines, shall appear to be flush with the roof, located behind the structure, completely concealed from the road, neighboring properties or open spaces (providing location does not impair effective operation of the solar panels).
· Solar panels wiring, and other components shall be concealed and must be painted so as to blend with the roof surface.
· In the case it is determined that placement of the solar panels is required on the front of the building facing the street for effective operation, the location and placement must be reviewed with the DRC. Where the homeowner provides adequate information in support of that determination including:
· A plan, to scale showing the location and orientation of the panels.
· The panels must be as close to flat on the roof as possible.
· Wiring and components shall be concealed.
The owner would need to complete a Minor Project Application for us, which must be first approved by the Bridge Way Association or ARC.
3. Florida Statute
Provided by Tim Carmody:
A quick search of the law with regard to restrictions and approval on the installation of solar and other renewable energy devices in Florida is as follows. This is the most concise article I found. In essence, we are quite restricted in the as to the limitations we can, as a board, place on residence with regard to the design and location of solar generation systems. Even attempting to restrict the location of installation with regard to its visibility would likely violate the law.
Florida Solar Rights Act
Florida law forbids any entity—including homeowner associations—from prohibiting the installation of solar or other renewable energy devices on Florida buildings. An association may require approval of a system installation, and may establish restrictions for installations. However, any such restrictions must be reasonable, not arbitrary, and applied in a uniform manner for all association members. Also, any restrictions must not have the effect of impairing the performance, or increasing the cost, of a solar system.
In particular, a homeowner association may not prevent the installation of solar collectors on the roof of a home. The association may determine where on the roof the collectors may be installed, so long as the collectors face within 45 degrees of due south.
Finally, any requirement(s) that a system be screened from view by trees, fences, ground mounting racks, or a remote roof location that is hidden from the street, will generally violate the statute. The full text of the statute appears below (we’ve added the bold text for emphasis).
CHAPTER 163
INTERGOVERNMENTAL PROGRAMS
Florida Statutes
163.04 Energy devices based on renewable resources.–
(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.
History.–s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249. https://browardsolar.com/florida-solar-rights-act/
Provided by Tim Carmody:
A quick search of the law with regard to restrictions and approval on the installation of solar and other renewable energy devices in Florida is as follows. This is the most concise article I found. In essence, we are quite restricted in the as to the limitations we can, as a board, place on residence with regard to the design and location of solar generation systems. Even attempting to restrict the location of installation with regard to its visibility would likely violate the law.
Florida Solar Rights Act
Florida law forbids any entity—including homeowner associations—from prohibiting the installation of solar or other renewable energy devices on Florida buildings. An association may require approval of a system installation, and may establish restrictions for installations. However, any such restrictions must be reasonable, not arbitrary, and applied in a uniform manner for all association members. Also, any restrictions must not have the effect of impairing the performance, or increasing the cost, of a solar system.
In particular, a homeowner association may not prevent the installation of solar collectors on the roof of a home. The association may determine where on the roof the collectors may be installed, so long as the collectors face within 45 degrees of due south.
Finally, any requirement(s) that a system be screened from view by trees, fences, ground mounting racks, or a remote roof location that is hidden from the street, will generally violate the statute. The full text of the statute appears below (we’ve added the bold text for emphasis).
CHAPTER 163
INTERGOVERNMENTAL PROGRAMS
Florida Statutes
163.04 Energy devices based on renewable resources.–
(1) Notwithstanding any provision of this chapter or other provision of general or special law, the adoption of an ordinance by a governing body, as those terms are defined in this chapter, which prohibits or has the effect of prohibiting the installation of solar collectors, clotheslines, or other energy devices based on renewable resources is expressly prohibited.
(2) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting solar collectors, clotheslines, or other energy devices based on renewable resources from being installed on buildings erected on the lots or parcels covered by the deed restrictions, covenants, or binding agreements. A property owner may not be denied permission to install solar collectors or other energy devices based on renewable resources by any entity granted the power or right in any deed restriction, covenant, or similar binding agreement to approve, forbid, control, or direct alteration of property with respect to residential dwellings not exceeding three stories in height. For purposes of this subsection, such entity may determine the specific location where solar collectors may be installed on the roof within an orientation to the south or within 45 degrees east or west of due south provided that such determination does not impair the effective operation of the solar collectors.
(3) In any litigation arising under the provisions of this section, the prevailing party shall be entitled to costs and reasonable attorney’s fees.
(4) The legislative intent in enacting these provisions is to protect the public health, safety, and welfare by encouraging the development and use of renewable resources in order to conserve and protect the value of land, buildings, and resources by preventing the adoption of measures which will have the ultimate effect, however unintended, of driving the costs of owning and operating commercial or residential property beyond the capacity of private owners to maintain. This section shall not apply to patio railings in condominiums, cooperatives, or apartments.
History.–s. 8, ch. 80-163; s. 1, ch. 92-89; s. 14, ch. 93-249. https://browardsolar.com/florida-solar-rights-act/
4. Reference Material
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Frequentlly Asked Questions provided by Tim
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Solar Power Battery Packs provided by Tim
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Solar Shingles - Mike comment - solar shingles currently have only about a 3% efficiency rate (vs 20% +or - for panels) and an entire roof would not satisfy 100% of needs. This will improve over time. The old roof would have to be removed and replaced by solar tiles.
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Website for more information: https://www.solarreviews.com/blog/how-much-does-the-tesla-solar-roof-cost-in-2020-compared-to-conventional-solar
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5. Proposal for installation 32 Panel Proposal
at 619 Bridgeway LN 26 Panel Proposal |
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