2021-13ORDINANCE NO.2021-13
AN ORDINANCE AMENDING CHAPTER 90 (TAXATION), ARTICLE II (REAL
PROPERTY TAXES) OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA, TO ADD
THERETO A NEW DIVISION 5, PERTAINING TO A NEW SOLAR ENERGY
EQUIPMENT TAX EXEMPTION.
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 90,
Article II of the Code of the City of Fairfax, Virginia, is amended to add thereto a new Division 5, to
read in its entirety as follows:
"DIVISION 5. — SOLAR ENERGY EQUIPMENT TAX EXEMPTION
Sec. 90-126. — Purpose.
It is the purpose of this division to implement the provisions of Code of Virginia,
§ 58.1-3661, to permit the City to allow the exemption, or partial exemption, of
certain certified solar energy equipment, facilities or devices as defined herein.
The exemption is intended to encourage the greater adoption of solar energy
systems within the municipal boundaries of the City.
Sec. 90-127. — Definitions.
Certified solar energy equipment, facilities or devices shall mean any property,
including real or personal property, equipment, facilities, or devices, certified by
the local certifying authority to be designed and used primarily for the purpose of
collecting, generating, transferring, or storing thermal or electric energy, in
conformance with regulations promulgated by the State Board of Housing and
Community Development and as otherwise provided by applicable law.
Local certifying authority shall mean the City building official or code
official, as applicable.
Local tax rate shall mean the real estate property tax rate applicable to the
real property to which the applicable solar energy equipment, facilities or devices
is attached, for each applicable tax year.
Sec. 90-128. - Declaration of separate property class; tax exemption authorized.
Certified solar energy equipment, facilities and devices are hereby declared to be a
separate class of property and shall constitute a classification for City taxation
separate from other classifications of real or personal property. Tax exemption is
hereby granted to property owners of real property in the City to which is attached
certified solar energy equipment, facilities or devices, subject to the conditions
and limitations prescribed by this division and other applicable law.
Sec. 90-129. — Administration of exemption.
The exemption provided by this division shall be administered by the local
certifying authority, the City Real Estate Assessment Director and the City
Treasurer. Such officials are hereby authorized and directed to adopt and enforce
such reasonable rules and regulations, not in conflict with the provisions of this
division, as may be necessary to determine the value of qualifying certified solar
energy equipment, facilities or devices, and the initial and continuing eligibility
for any tax exemption, including but not limited to the production of supporting
documentation (such as receipts), the completion of any application forms, and the
furnishing of answers under oath, in each case at any time that an exemption is
claimed and is continuing.
Sec. 90-130. — Requirements for exemption.
The exemption provided by this division shall be granted to applicants meeting each of the
following requirements:
(1) Title to the property for which exemption is claimed is held, or partially held,
by the person claiming the exemption on the first day of the tax year to which
an exemption shall first apply.
(2) The local certifying authority has determined, after such solar energy
equipment, facilities or devices have been installed and upon inspection
thereof, that the subject property performs at least one of the functions set
forth in the definition of certified solar energy equipment, facilities or devices
set forth in section 90-127, and further that it has been installed in conformity
with the Virginia Uniform Statewide Building Code and conforms to the
requirements set by the regulations of the State Board of Housing and
Community Development.
(3) The person claiming the exemption has fully complied, and continues to
comply, with all requirements in any rules and regulations promulgated
pursuant to section 90-129.
Sec. 90-131. — Application for exemption; approval and certification of application.
(1) The person claiming an exemption under this division must file an application
with the local certifying authority on forms provided by the local certifying
authority (and in conformance with any requirements of the state department
of housing and community development).
(2) The application must be submitted with a complete set of plans and
specifications of the solar energy equipment, facilities or devices for which
exemption is claimed, together with any other documentation and supporting
materials required by the local certifying authority or as otherwise required
pursuant to regulations promulgated under section 90-129.
(3) The local certifying authority shall review the application, inspect the subject
solar energy equipment, facilities or devices for compliance with the
requirements of this division, and approve or deny the application in writing.
If approved and certified, the local certifying authority shall transmit the same
to the City Real Estate Assessment Director for determination of the amount
of the exemption. If denied, the local certifying official shall provide the
applicant with the reason(s) for such denial.
Sec. 90-132. — Appeals from determination of local certifying authority.
Any person aggrieved by a decision of the local certifying authority under this
division may, as such person's sole remedy, appeal such decision in accordance
with the process set forth in section 10-39.
Sec. 90-133. — Determination of value by assessor; presumption as to value.
Upon receipt of a certificate or other approval by the local certifying authority
pursuant to the requirements of this division, the City Real Estate Assessment
Director shall establish the value of qualifying solar energy equipment, facilities
or devices to be exempted from taxation. For purposes of this division, and for no
other purpose, the value of certified solar equipment, facilities or devices
qualifying for exemption shall be presumed to be not less than the normal cost of
purchasing and installing such equipment, facilities or devices. The value
established by the City Real Estate Assessment Director pursuant to this section
shall be final and non -appealable.
Sec. 90-134. — Amount of exemption; effective date of exemption and duration;
termination.
The amount of the exemption provided by this division shall be determined by
applying the local tax rate for each applicable tax year to the value established
pursuant to section 90-I33, and subtracting this amount from the total real estate
property tax due for each applicable tax year on the real property to which the
certified solar energy equipment, facilities or devices are attached.
The exemption so determined shall be effective beginning the first day of
the tax year next succeeding the certification by the local certifying authority and
shall remain in effect for that tax year and for the following 9 tax years.
Notwithstanding the foregoing, any exemption shall terminate if the property
owner fails to comply, in all respects, with any continuing certification
requirements from and after the date of initial certification, in each case as may be
required by the regulations promulgated in accordance with section 90-129. In
such event, the property owner shall be provided written notice of the reason(s) for
such termination, and the property owner shall have the right to appeal such
determination, within 30 calendar days following the issuance of the written
notice, to the City Manager, whose determination on appeal shall be final and non -
appealable.
Sec. 90-135. — False claims; penalty.
It shall be unlawful for any person falsely to claim an exemption under this
division or knowingly to make a false statement or provide false information in
connection with any application for such an exemption, either initially or with
regard to any continuing entitlement for such exemption. A violation of this
section shall constitute a Class I misdemeanor."
This Ordinance shall become effective as of January 1, 2022 and otherwise as required by law.
INTRODUCED: November 9.2021
PUBLIC HEARING: December 14, 2021
ENACTED: December 14, 2021
ATTEST:
Acting Ci erk
VOTE:
Mayor Meyer
Aye
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye
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Mayor
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Date
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