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1. Who enforces noise laws?

Both the county and the town enforce the noise laws.

Both the County Noise Ordinance and the Town Noise Ordinance apply in the town. The county’s ordinance is based on restricting decibel levels. The town’s ordinance is based on limiting the hours that noise is permissible in the town, as well as restricting the use of certain equipment (gas powered leaf blowers).

2. Whom do I call when to report a noise complaint?

During daytime hours, you should contact the County Department of Environmental Protection at 240-777-7700. During town quiet hours, you should contact the Town Office or the Montgomery County Police non-emergency line at 301-279-8000. You may also send a Two Party Noise Disturbance Complaint that will serve as a basis for enforcement of the Town's noise laws.

3. What time frame is to be expected for a response?

Response time will vary. An off-duty police officer or member of the Town staff will respond if there are resources available.  Town staff will work with residents and contractors to gain compliance with the ordinance.

4. When would a citation be issued from the town?

Citations may be issued to repeat offenders. A citation may be issued if a police officer witnesses a violation and/or if the county or town receives written complaints from at least two witnesses, who are not residents at the same address, of a noise disturbance. The complainants must be willing to testify in court, if required.

5. Does the town require complaints from two people about a violation?

The ordinance requires two written noise complaints to possibly issue a citation. Two complaints verify that there was in fact a violation of the noise ordinance. The person in violation of the noise control ordinance could be issued a warning instead of a fine absent two written complaints.

6. Who is responsible for fines?

The owner of the property and/or the contractor may be responsible.

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1. Does it make sense to have PV panels on my roof?

Solar installers will work with you, and apply some on-the-spot computer modeling, to give you an answer. It will depend on the slope of the roof, and in which direction it faces, the size of the roof area which would have the panels, and the extent of the tree canopy. For the Town of Chevy Chase, it’s been estimated that approximately 20% of the homes are clearly suitable for large systems, and 50% may be suitable for smaller systems.

2. What’s an average size of a system, and how much electricity might it produce?

An average size is between 3 and 5 kWs. Systems in this size range should produce between 12 and 25 kWhs per day on a bright summer day, , and about half that amount in the winter. By way of comparison, a typical home in Chevy Chase uses between 20 and 30 kwh/day. Over the course of a year, a PV system should be able to provide 20 to 60% of the home’s requirements.

3. How difficult was the installation process?

All three panelists described the process as thorough, highly professional and careful, with the installer taking care of design documents, permits, and inspections. Where necessary, supports were added to the rafters to make sure the panels are properly supported. Also, you are advised to make sure that your shingles are in good shape before installation. The companies do prefer shingles over slate. The full process, from meeting with an installer though to metered generation, can take several months. However, up to a couple of months of that time is taken up with contract review and signing and permitting. The physical installation work can be done in less than a week, but there could then be a subsequent several week gap before PEPCO provides the necessary new meter and hook up.

4. Are there any maintenance issues?

Generally, no. There are no moving parts, so nothing wears out. If the roof is not steep, snow could build up, stopping energy production until the snow melts or is removed. Rain is generally enough to keep the panels clean

5. Will solar help me maintain power during an outage?

Unfortunately, no. If there is a power outage, your home will still be dark, even on a sunny day. This is because your home is still connected to the grid, and PEPCO doesn’t want any electricity potentially getting into a wire which workmen would otherwise assume is not carrying power. A battery storage system could allow you to generate and use power during an outage, but battery systems are still fairly expensive.

6. Sometimes a system will produce more power than a home needs; other times, less. How does PEPCO manage this, and how will I be billed?

The current tariff rate is what is called “net metering.” This means that when a system produces more power than a home needs, the excess is fed into the grid and the meter, in effect, runs backwards – thereby giving you credit for the excess. When your system doesn’t produce an amount equal to your needs (or at night, when it will not produce any), your home is run with grid provided electricity. The net result is that PEPCO pays you the full retail rate – approximately 15 cents/kwh – for every kWh that your system generates.

7. How much does a system cost, and how do I pay for it?

An average system costs about $20,000. Several companies offer a lease with no money down. You might pay $50/month, which is less than you would pay Pepco for the same amount of energy. Your net benefit might be probably be approximately $20/month. Alternatively, you can buy the system. If so, you will be eligible for the 30% Investment Tax Credit, which will offset $6,000 of the price, and further “Renewable Energy Credits” and other incentives might, over time, net you an additional $4,000. The net outlay of $10,000 would be recouped from the monthly savings in the energy bill. It would take 10 years or more to get your money back. Comparing these two options, most homeowners opt for the lease, or a hybrid lease where some of the cost is prepaid.

8. What could change over time regarding these options?

Plenty. The Investment Tax Credit is currently set to decline from 30% to 10% at the end of 2016. The reduction of this ITC would affect the lease option as well as the purchase option. It is also possible that PEPCO will request a change in the rates, with the effect that you will not receive the full 15 cents/kWh for your PV generation. Many utilities are now pointing out that the current plans mean that the homeowner with a PV system is not paying his or her “fair share” of the cost of the distribution wires which still serve the home. Public Utility Commissions are considering this argument, and may reduce the credit to to what the utility pays for generation – perhaps 7 to 10 cents/kWh.

9. So if I’m interested in getting a PV system, when should I get going on it?

Soon, and in any event, you should make sure that your system is installed before the end of 2016, when it is likely that the ITC will be sharply reduced.

10. What companies do you recommend for solar installations?

There are a number of different companies that install solar systems in our area, including Solar City, Kenergy, Solar E World, and others. All three panelists happened to use Solar City, and reported very positive experiences with them. Solar City guarantees system performance, and monitors the system to make sure everything is working well. As you research different companies, make sure you choose one that has a good track record and has the financial resources to be around for the long haul, because your solar system could last 30 years or more.

11. Are there any community discount programs that I could participate in?

Common Cents Solar is negotiating a discount program with Solar City that will reduce system cost for people in our neighborhood. It can also represent a large group of solar system owners who will be able to negotiate as a block should services be needed in the future. For example, CCS could offer a system tune up maintenance program at group discount prices. It can also research low cost battery storage systems and software upgrade options. CCS is a volunteer run nonprofit and there is no cost for membership. If you would like to join, just contact Ketch Ryan at ketchryan@gmail.com, or Kirk Renaud at Kirkrenaud@aol.com. When you contact Solar City, ask for Tim Grahl at Tgrahl@solarcity.com, and tell him that you are a member of CCS. You may also be able to find solar discount programs through your church or synagogue.

12. Where can I get more information about solar energy?

There are a number of websites that offer more information about solar energy, the Department of Energy (Energy.gov), National Renewable Energy Lab (NREL.gov), American Solar Energy Society (ASES.org), Maryland Energy Administration (energy.maryland.gov), and the Database for State Incentives for Renewable Energy (DSIRE.org).

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1. What Are the Standards for Granting a Variance from the Town’s Building Code?

Obtaining a variance generally is difficult. Because Town regulations are meant to be consistently applied, variances are granted only under unusual and compelling circumstances. Specifically, the Town Council may grant a variance only when the property involved is so exceptionally narrow, shallow, oddly-shaped, or topographically unusual or is subject to such extraordinary conditions that compliance with the Town’s building code is impossible, impractical, or causes undue hardship. If your property does not meet this “physical characteristics” test, the Town cannot grant a variance. Note that your personal circumstances (such as a physical disability) are not relevant to variance decisions.

If your property meets the “physical characteristics” test, the requested deviation from the building code may only be granted if the following conditions are met:

• The variance is reasonably necessary to grant relief from the property’s conditions.
• The proposed variation is the minimum needed to overcome the extraordinary conditions of the property.
• Granting the variance will not have a detrimental impact on your neighbors’ use and enjoyment of their properties.
• Granting the variance will not impair public health, safety and welfare, or the integrity of any approved general or master plan of the Town.

Please note that there are slightly different standards for granting a variance that involves the public right-of-way. See the Town Code for details or ask Town staff.

2. How Do I Apply for a Variance from the Town’s Building Code?

You must file a variance application. The forms are available at the Town Office and on the Town web site. You are required to submit documents that support the variance request. These items may include a boundary survey (required for all building variances), architectural drawings such as floor plans or building elevations, photographs, or other specifications about existing and proposed construction involved in the application. If you are not the property owner, you will be asked to provide a copy of your lease or contract that establishes your right to obtain and exercise the variance. Finally, you will be asked to provide a summary of what you expect to prove in support of your application for the variance, including the names of witnesses and the exhibits that you will produce at the public hearing. Town staff is available to answer your questions about the process and documentation need.

3. Is a Public Hearing Required for a Variance from the Town’s Building Code?

Except for administrative variances (discussed below), variance requests require a public hearing before the Town Council. At least 15 days prior to the hearing, the Town notifies your neighbors and the general public that the hearing is to take place. The public is free to attend the hearing and comment on the variance request or submit comments in writing prior to the hearing.

The applicant generally is notified of the Town Council’s decision about the variance at the hearing; however, the variance is not officially approved or denied until a written decision is approved by the Council (usually several weeks after the hearing). If the variance is granted, it may include whatever conditions the Town Council believes are needed to protect the public interest.

4. How Are Administrative Variances Handled?

Administrative variances can be granted for certain requests that involve fences and walls located either in a front yard or in the public right-of-way and for guardrails located in a front yard. They differ from regular variances only in the manner in which they are processed. Rather than the Town Council deciding on the request following a public hearing, the Mayor and Town Manager decide whether to grant an administrative variance. A variance can only be approved administratively if no objection to the approval of the variance is filed with the Town during a 15 day public comment period. If an objection to the approval of the variance is filed, the variance is required to be considered at a public hearing following the traditional variance process listed above. Administrative variances can be granted only for the following items: • New or relocated front yard retaining walls thirty (30) inches or greater in height, provided they are set back at least two (2) feet from the nearest public sidewalk in the public right-of-way or, if there is no sidewalk, at least six (6) feet from the curb; • New front yard fences measuring four (4) feet or less in height, having a fenestration of at least thirty (30) percent, not constructed of chain link, and on a corner lot abutting any street or on an interior lot abutting East-West Highway, Connecticut Avenue, or Bradley Lane; • Walls in a front yard or in a public right-of-way that replace an existing wall provided the replacement wall does not materially alter the location or increase the height or length of the wall; •  Fences in a front yard that replace an existing fence, but are ineligible for replacement due to a decrease in fenestration, provided the replacement fence does not materially alter the location or increase the height or length of the fence and the replacement fence has a fenestration of at least thirty (30) percent; and fences in a public right-of-way, provided the replacement fence does not materially alter the location or increase the height or length of the fence and the replacement fence has a fenestration of at least thirty (30) percent.• New or relocated retaining walls less than thirty (30) inches in height in a public right-of-way, provided they are set back at least two (2) feet from the nearest public sidewalk in the public right-of-way or, if there is no sidewalk, at least six (6) feet from the curb; • New, relocated, or replacement guardrails, provided the guardrail is set back at least two (2) inches from the retaining wall and located along only portions of the retaining wall measuring thirty (30) inches or more in height; • New or relocated steps, stoops, outside stairways, and their roofing; decks, terraces, porches, and their roofing; chimneys, air conditioners, and heat pumps; and/or oriel entrances, vestibules, and balconies, in a front and/or rear yard; • New or relocated bay windows in a front and/or rear yard, provided they are no more than one (1) story in height and ten (10) feet or less in width; • Additional width of six (6) feet or less for a driveway, other than a shared driveway, in a front yard and/or in a public-right-of-way; • Extension of an existing wall plane (length); or • Replacement of a structure or portion thereof, provided the location is not changed and no dimension is enlarged. You must submit the same documents to apply for an administrative variance as for a regular variance.

5. If I Obtain a Variance from the Town’s Building Code How Soon Must I Apply for a Building Permit?

Once a variance is granted, you will have 12 months to apply for a building permit. If a building permit is not applied for within 12 months, the variance approval expires. The Town Manager can grant an extension, but you must demonstrate that during the past year you have acted diligently to move the project forward and that there has been no material change in the circumstances surrounding your original application. The Town Manager can impose whatever additional conditions he or she believes appropriate when granting an extension.

6. Are the Procedures for Obtaining a Variance from the Town’s Water Drainage Regulations the Same as those for Obtaining a Variance from the Building Code?

The procedures for obtaining a variance from the Town’s water drainage regulations differ slightly from those outlined above. The primary difference is that the variance request is reviewed by the Town’s Water Board, not the Town Council. You still must file a written variance application with the Town (including the same types of supporting documentation) and present your variance request at a public hearing. The Water Board can grant the variance only if it determines that:
1) engineering difficulties exist that create an undue hardship to the applicant;
2) under the proposed variance, the objectives of the water drainage regulations are achieved as nearly as possible; and,
3) the variance will not be detrimental to any nearby property, to any public right-of-way, or to the overall purpose and intent of the Town’s regulations in this area.

7. Can I Appeal a Variance Decision?

A variance decision of the Town Council or of the Town’s Water Board can be appealed to the Maryland courts, if filed within 30 days of the decision. A variance decision of the Town Manager and Mayor (administrative variances) can be appealed to the Town Council.