1171.23  ELECTRICAL POWER GENERATION; AIR CONDITIONING AND AIR HANDLING EQUIPMENT; POOL EQUIPMENT.
   (a)   Intent.  The intent of this Section is to enable the location of electrical power generation equipment or facilities, air conditioning or air handling equipment, and pool equipment on properties where such facilities do not create adverse conditions or impacts on neighboring properties.
 
   (b)   Definitions.  As used in this section:
      (1)   "Air conditioning" or "air handling equipment" means any unit or combination of units, gas or electrically-operated, used for the cooling, heating or dehumidifying of spaces for human occupation in residential or commercial buildings, but shall not include ordinary window air conditioners, window or wall fans.
      (2)   "Electrical power generation equipment or facilities" or "generators" means any permanent unit or combination of permanent units, gas or combustible operated machinery used for the purpose of supplying electricity for human occupancy in residential or commercial buildings.
      (3)   "Pool equipment" shall mean the pool circulation and filtration equipment or other related devices for the operation of these systems.
 
   (c)   Zoning Certificate Required. No person shall place, construct, connect, or operate, or permit the placement, construction connection or operation of: (i) any electrical power generation equipment or facility ("generators") for the purpose of providing stand-by or backup power, either permanent or temporary; (ii) any air conditioning or air handling equipment; or (iii) any pool equipment on any property in the Village without first obtaining a Zoning Certificate from the Building Inspector pursuant to the provisions of this Section.
 
   (d)   Residential Requirements.  Generators, air conditioning or air handling equipment, and pool equipment (for purposes of this subsection (d) collectively referred to as "unit") in Residential Districts shall only be located in compliance with the following requirements.
      (1)   The unit shall be located in the rear yard.
      (2)   Notwithstanding sub-section (1) of this Section, the unit may be placed in a side yard if the following factors demonstrate to the reasonable satisfaction of the Building Inspector that such placement will better serve the home owner and will not create adverse conditions or impacts on neighboring properties:
         A.   Topography;
         B.   Landscaping;
         C.   Location of a patio, deck or pool;
         D.   Window placement;
         E.   Site line from adjacent homes;
         F.   Other similar factors determined by the Building Inspector.
      (3)   The unit shall be placed a minimum of fifty (50) feet from the rear lot line and a minimum of thirty-five (35) feet from any side lot line.
      (4)   The unit shall be screened from view from public rights-of-way and adjacent properties by means of a landscape buffer, consisting of year round plantings of a height of at least equal to the height of the unit.  The landscape buffer shall be provided and maintained in a manner reasonably satisfactory to the Building Inspector.
      (5)   The unit shall contain vibration dampeners and sound attenuation equipment sufficient to ensure that the sound level produced during operation shall not exceed 70 db measured at the nearest property line.  The Building Inspector shall take a minimum of three sound readings at two-minute intervals.  The sound level shall be the average of these readings.
      (6)   The unit shall be situated so as to exhaust into the interior of the lot on which it is located.
      (7)   The unit shall be installed in conformance with the manufacturer's specifications.
      (8)   The unit shall be installed on reinforced concrete pads a minimum of four (4) inches in thickness, placed on firm ground and of sufficient area to support the unit.
      (9)   The unit shall be programmed to cycle for routine testing and maintenance not more than once a week for no more than twenty (20) minutes, Monday through Friday (excluding holidays) between the hours of 9:00 a.m. and 5:00 p.m. only.
      (10)   Generators shall be used only during periods of power outages or for periodic testing and necessary maintenance operation and shall not be used to sell power back to a power company or for use by power customers during periods of peak demand.
      (11)   Generators shall be fueled by natural gas.
      (12)   No unit shall be installed prior to the issuance of a Zoning Certificate for a unit.
 
   (e)   Non-residential Requirements.  Generators, air conditioning or air handling equipment, and pool equipment (for purposes of this subsection (e) collectively referred to as "unit") in the Business District shall only be located in compliance with the following requirements:
      (1)   The unit shall be located in rear or side yards.
      (2)   The unit shall be placed a minimum of ten (10) feet from any non-residential lot line and ten (10) feet from any residential lot line.
      (3)   The unit shall be situated so as to exhaust into the interior of the lot on which they are located.
      (4)   The unit shall be screened from view from public rights of way and adjacent properties by means of a landscape buffer.
      (5)   The unit shall be placed in sound attenuation enclosures sufficient to ensure that the noise level produced during operation does not exceed 80 db measured at any non-residential property line and 70 db at any residential property line.
      (6)   The unit shall be installed in conformance with the manufacturer's specifications.
 
   (f)   Application Requirements. Applications to the Building Inspector for installation of generators, air conditioning or air handling equipment, and pool equipment shall include:
      (1)   For new construction, a development plan prepared by a licensed registered surveyor showing:
         A.   The exact location of the unit, including measurements to property lines, structures, etc.
         B.   The location of any windows, vents, air intakes, etc.
         C.   A landscape screening plan, showing quantities, sizes and types of plant material existing and to be planted.
         D.   A signed statement from the owner specifying the date by which the landscaping will be completed.
      (2)   For new construction, the floor plan of the residence or non-residential building showing:
         A.   All gas piping and valves from unit to existing source with the type and size of piping, burial depth requirements, etc.
         B.   Evidence that the piping and fuel supply plans meet manufacturer's specifications, National Fuel Gas Code, National Fire Protection Association, and Environmental Protection Agency requirements.
         C.   Electrical panel location including the transfer switch and any other electric equipment associated with the unit, including disconnecting means.
         D.   The type and size of electrical wiring, burial depth requirements, and location of all wiring from unit to source, to unit, to distribution panel.
         E.   Evidence that the electrical plans meet manufacturer's specifications and current National Electrical Code requirements.
      (3)   A copy of the manufacturer's specifications for installation, including clearance requirements, and sound attenuation requirements.
      (4)   The property owner or his/her authorized representative shall be the applicant for the proposed installation.
      (5)   For existing homes, a one line boundary survey prepared by a licensed registered surveyor showing:
         A.   The exact location of the unit including measurements to the property line(s) if the location is within five feet of the allowed placement.
         B.   The location of any windows, vents, air intakes, etc.
      (6)   For existing homes, the applicant shall also provide the following information:
         A.   The location of all gas piping and valves from unit to existing source with the type and size of piping, burial depth requirements, etc.
         B.   Evidence that the piping and fuel supply plans meet manufacturer's specifications, National Fuel Gas Code, National Fire Protection Association, and Environmental Protection Agency requirements.
         C.   Electrical panel location including the transfer switch and any other electrical equipment associated with the unit, including disconnecting means.
         D.   The type and size of electrical wiring, burial depth requirements, and location of all wiring from unit to source, to unit, to distribution panel.
         E.   Evidence that the electrical plans meet manufacturer's specifications and current National Electrical Code requirements.
         F.   A landscape screening plan, showing quantities, sizes and types of plant material existing and to be planted.
         G.   A signed statement from the owner specifying the date by which the landscaping will be completed.
         H.   A copy of the manufacturer's specifications for installation, including clearance requirements, and sound attenuation requirements.
 
   (g)   Approval of Zoning Certificates.  Where it is determined that a proposed generators, air conditioning or air handling equipment, or pool equipment complies with all of the criteria of this Section, that no required parking space or similar site feature is being eliminated, and that the amount of open space will not be reduced below the minimum required standards for the use district, the Building Inspector may issue a Zoning Certificate as provided for in Chapter 1129 for the installation of such facilities without referral to the Planning Commission; otherwise, applications for generators, air conditioning or air handling equipment, or pool equipment shall be referred to the Planning Commission.
(Ord. 2017-17.  Passed 5-10-17.)