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Agenda 06/11/2019 Item #16A10 (Emergency Generator Advertising)06/11/2019 EXECUTIVE SUMMARY Recommendation to schedule the advertised public hearing on June 25, 2019, for an Ordinance amending the Land Development Code relating to permanent emergency generators for single- family and two-family dwelling units. OBJECTIVE: To obtain Board direction to hold an advertised public hearing for a proposed Land Development Code (LDC) amendment relating to permanent emergency generator for single -family and two-family dwelling units. CONSIDERATIONS: Since January 1, 2017, the County has processed more than 900 residential emergency generator applications for permanent installation to detached single- family and two-family dwelling units. These applications have demonstrated that when homes are constructed up to the setback line, placement of a generator in the side yard will frequently violate the existing LDC standard which limits encroachments into side yard setbacks to no more than three (3) feet. This has resulted in the rejection of many applications for permanent generators. On June 16, 2018, the Board directed staff to prepare a Land Development Code (LDC) amendment that would address residential permanent emergency generator setbacks and make recommendations to enhance the existing LDC regulations. Staff worked with stakeholders and industry representatives to draft the amendment, and many members of the public have provided support of the proposed amendment. The amendment makes the following modifications to the existing standards for permanent emergency generators. • Reduces the minimum distance to the lot line for permanent generators. • Creates separation standards between generators and a several elements that could create obstructions or other hazards. • Requires installation of carbon monoxide detectors in certain circumstances. Advertising and holding a public hearing on June 25, 2019, will allow the Board to evaluate the recommendations made by the advisory boards. Alternatively, the Board may elect not to hold a hearing if this LDC amendment is no longer a priority. DSAC RECOMMENDATION: On February 6, 2019, the DSAC unanimously recommended approval of the amendment. CCPC RECOMMENDATION: On May 16, 2019, the CCPC recommended approval of the LDC amendment with changes which have been incorporated into the amendment by a vote of 4 to 1. The dissenting commissioner objected to the placement of generators within public utility and drainage easements and closer than 5 feet to a lot line. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and it requires a majority vote for Board approval. (HFAC) RECOMMENDATION: To schedule an advertised public hearing at the Board’s June 25, 2019 16.A.10 Packet Pg. 668 06/11/2019 meeting, for an Ordinance amending the standards for permanent emergency generators for single -family and two-family dwelling units. Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division ATTACHMENT(S) 1. Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (PDF) 2. Public Comments - 5-12-19 Emil Hatz Email (PDF) 3. Public Comments - Joseph Marino 4-16-19 Petition (PDF) 4. Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (PDF) 5. Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (PDF) 6. draft LDC ordinance - emergency generators - 5.29.19 (PDF) 16.A.10 Packet Pg. 669 06/11/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.10 Doc ID: 9095 Item Summary: Recommendation to schedule the advertised public hearing on June 25, 2019, for an Ordinance amending the Land Development Code relating to permanent emergency generators for single-family and two-family dwelling units. Meeting Date: 06/11/2019 Prepared by: Title: Planner, Senior – Zoning Name: Jeremy Frantz 05/28/2019 3:46 PM Submitted by: Title: Division Director - Planning and Zoning – Zoning Name: Michael Bosi 05/28/2019 3:46 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 05/28/2019 4:02 PM Zoning Michael Bosi Additional Reviewer Completed 05/29/2019 1:53 PM Growth Management Department James C French Deputy Department Head Review Completed 05/29/2019 8:18 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 05/30/2019 10:24 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/31/2019 9:26 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/31/2019 10:29 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/31/2019 2:33 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 05/31/2019 2:41 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/02/2019 10:49 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM 16.A.10 Packet Pg. 670 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20180003486 SUMMARY OF AMENDMENT This amendment introduces a new section to address the placement and location of residential permanent emergency generators for single-family and two-family dwelling units. The amendment establishes locational criteria to property lines, another generator, ancillary fuel tanks, window openings to a dwelling, and when necessary the installation of carbon monoxide detectors. LDC SECTION TO BE AMENDED 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 5.03.07 Permanent Emergency Generators (New Section) ORIGIN Board of County Commissioners HEARING DATES BCC 06/25/2019 CCPC 05/16/2019 03/07/2019 02/07/2019 DSAC 02/06/2019 DSAC-LDR 12/18/2018 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved with recommendations DSAC Approved CCPC Approved with changes BACKGROUND After Hurricane Irma, all of the County’s 270,000 customers served by Florida Power and Light had power outages. There has been a significant increase of County residents installing various residential permanent emergency generators as a means of resiliency against power outage events. Many building permit applications have been rejected due to setback requirements, lacking a detailed location plan, or insufficient information. The majority of permits issued have been for 20 and 22 kilowatt generators which represent 77.2% of the total permits and 89.5% are 30 kilowatts or less. (See Exhibit “A”). Also, an update to the total permits issued from January 1, 2017 to March 13, 2019 by the required setback location, indicates 25.31% (223) were issued within 5 feet or less sideyard setbacks and the majority were at 46.54% (410) within sideyard setbacks gre ater than 5 feet and up to 7.5 feet. On June 26, 2018, the Board directed staff to proceed with an amendment to increase flexibility for the placement of emergency generators on residential parcels or lots. Staff reviewed common manufacturers’ recommende d minimum surrounding clearances from walls, fences and landscaping (See Exhibit “B”), standards in other communities (See Exhibit “C”), and other guidelines. Staff also worked with industry professionals to better understand common constraints and potential safety issues. The amendment provides additional flexibility for generator placement by establishing minimum setbacks from property lines that vary depending on the required yard sizes. These setbacks are based on the majority of generators being placed within three to four feet from the exterior house’s wall. Four out of five common manufacturer’s installation guidelines would be able to meet placement within four feet of the house wall (See Exhibit “B”- Tan highlight). The amendment also addresses potential health, safety and welfare associated with adding permanent generators in close proximity to homes by requiring minimum distances between generators and mechancial air intake equipment, compliance with manufacturer’s specifications, concurrent review of applicable building permits and 16.A.10.a Packet Pg. 671 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx providing design standards consistent with the Florida’s building, mechanical, electrical, plumbing, fuel and gas codes. A scaled illustration of the proposed 10 feet separation standard between generators is shown in Exhibit “D” along with photos of installed generators taken from West Coast Generators’s website. Additionally, the exhibit identifies two generator permits that have been rejected, one in a side yard setback of 6.0 feet and the other 7.5 feet. To meet manufacturer’s locational specifications and current LDC code requirement, these generators exceeded the current standard by 11 inches and 8 inches. DSAC-LDR Subcommittee Recommendation The DSAC-LDR subcommittee accepted staff’s textual changes and made the following recommendations: • Revise the words or term “permanent emergency generators” to “optional standby generators” to relate to the Florida Building and National Electrical Code’s use of the term. Report back at the full DSAC meeting, if the County Attorney’s Office or Building Manager has a reason not to change the term. • Require screening when the generator’s placement is in the front yard, on a waterfront or preserve lot. • Increase the setback to road right-of-ways from two feet to five feet. • Require a five feet setback from waterfront or preserve lots. • Modify the Table to alleviate possible confusion with a required setback for a side yard. The proposed text incorporates DSAC-LDR subcommittee’s recommendations. After consulting with the County Attorney’s Office, the title “ permanent emergency generators” does not require a change to address the Florida Building or National Electrical Code definitions and use of the term “optional standby generators.” DSAC Recommendation On February 6, 2019, the DSAC unanimously approved the proposed textual changes as recommended by DSAC - LDR subcommittee. CCPC Recommendation On February 7, 2019, the CCPC did not vote on the amendment. Following a general discussion, they decided to re-examine the amendment at a later date and requested a Fire Official attend the next meeting to determine if there are access, fire safety or firefighting concerns when multiple mechanical equipment (AC and generators) are located between two adjoining residential lots with a minimum five feet sideyard setback. They also recommended adding to the purpose intent section the words “to reduce noise” and requested a 2007 noise study, that had been reviewed by a prior planning commission, be provided. This study had assisted the planning commission in establishing the current acceptable sound level at 75 db (A). On March 7, 2019 the CCPC recommended the following changes: • Add to the Purpose and Intent Section: “To improve the aesthetics of mechanical equipment”. • Revise Table 1 to establish a standard of five feet for the minimum “distance to lot line” when sideyard setbacks are less than 20 feet. This would be comparable with the County’s minimum 10 feet separation distance between structures and serve to maintain 10 feet of distance between an abutting neighbor’s dwelling unit, window, or other generator. • Increase the distance to a public road right-of-way line from 5 to 10 feet to be consistent with the residential minimun development standard of 10 feet for signage, stated in LDC section 5.06.02.B.1.b. • Evaluate distance separation requirements between other obstructions such as pool equipment, AC compressor, water systems and water softener systems, and landscaping. • Require all easements to be shown on a site plan and to be submitted with each permit application and if the generator is located within the easement, a written consent from all easement holders. 16.A.10.a Packet Pg. 672 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx Regarding health and safety, the CCPC needed early warning and protection assura nces that carbon monoxide (CO) detectors are installed within and outside of residential sleeping rooms. Upon further research, the 2017 - Florida Building Code (FBC) Residential, Sixth Edition, Section R315.1: Carbon Monoxide Protection require operational CO alarm(s) to be installed in accordance with new building permit construction. It states the following: “Every separate building or an addition to an existing building for which a permit for new construction is issued and having a fossil-fuel-burning heater or appliance, a fireplace, an attached garage, or other feature, fixture, or element that emits carbon monoxide as byproduct of combustion shall have an operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes” with the exception: “…to existing buildings that are undergoing alterations or repairs unless the alternation is an addition as defined in Section R315.3”. Section R315.3 describes “addition” to mean “an extension or increase in floor area, number of stories or height of a building or structure”. The proposed LDC text broadens this provision for additional early protection warning by requiring the installation of CO detectors to be installed in an existing home when there isn’t an extension or incre ase in floor area, number of stories or height of the building or structure and the location of an applicant’s generator is 10 feet or less in distance to the existing home. On May 16, 2019, the CCPC approved the LDC amendment with changes by a vote of 4 to 1. The dissenting commissioner objected to the placement of generators within public utility and drainage easements and closer than 5 feet to a lot line. The CCPC received public comments and numerous petitions regarding how the CCPC’s proposal of 5 feet to a lot line would prohibit generators from being allowed in the side yards of smaller lots and especially when they need 6 additional inches for permit approval. Additionally, the public concerns centered on the effect to property values in communities with natural gas (such as Stone Creek), the offensive placement within front yards by HOAs and neighbors, and reasonable use of private property. Therefore, the CCPC reconsidered their previous recommendation and agreed the distance to lot line would remain the same as in the initial LDC draft submittal for required side yard setbacks, public and private road right of ways and an inclusion that there be a provision for drainage flows to be maintained. Based on the CCPC recommendation, the following changes have been incorporated: • Table 1 is revised to match the original initial draft submittal column presented in the LDC narrative on May 16, 2019. • Added a new section 5.03.07 C.6 to address the CCPC’s recommendation to add language requiring lots to maintain drainage. Text has been added to cross-reference LDC section 6.05.03 since maintenance of drainage flows is already required in LDC section 6.05.03 F.2 which states: “The property owner shall maintain site grading and drainage (e.g. swales, French drains, grates, etc.) in accordance with the approved stormwater plan.” After the CCPC hearing, staff made the following changes to the amendment to i ncrease clarity of the setback table and preserve the intent of the CCPC’s recommendation. These changes do not have any substantive effect. • Clarified column headings in the Table. • Simplified the layout of the formatting for the “Rear Yard” setbacks. 16.A.10.a Packet Pg. 673 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - 4 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx • Deleted in its entirety, previously proposed LDC section 5.03.07 C.3.d, because generators elevated 30 inches above the ground are setback the same distance to a lot line as ground mounted generators and in LDC section 5.03.07 C.3.c, deleted the words “preserve lot” as a vegetative screen is not necessary to protect an aesthetic view or provide a buffer to a preserve lot. FISCAL & OPERATIONAL IMPACTS There are no fiscal or operational impacts with this amendment to the County. When applicable, the homeowner’s added costs are: to screen a generator, install carbon monoxide detectors, extend an exhaust outlet, acquire a spot survey and written consent from easement holders. GMP CONSISTENCY Based upon staff’s analysis, the amendment is consistent with the GMP. (See Exhibit “E”) EXHIBITS: A) Permanent Generator Permits Issued or Rejected; B) Manufacturer’s Surrounding Clearances; C) Other Florida Communities Research; D) Illustrations; E) GMP Consistency Review; F) Manufacturer’s Generator Sound Level Readings. 16.A.10.a Packet Pg. 674 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Amend the LDC as follows: 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts 1 2 * * * * * * * * * * * * * 3 4 D. Exemptions and exclusions from design standards. 5 6 * * * * * * * * * * * * * 7 8 13. Permanent emergency generators may be placed within the rear yard with a 10-9 foot rear yard setback. Permanent emergency generators may encroach into side 10 yards up to 36 inches. Generators are not permitted to encroach into required front 11 yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for 12 exceptions and requirements. Above-ground fuel tanks for the generators are 13 subject to the same setbacks; however, underground tanks are not subject to 14 setback requirements. In order to reduce noise during required routine exercising 15 of the generators, this exercising is restricted to operating the generator for no 16 more than 30 minutes, weekly once every seven days, during the hours of 9:00 17 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and 18 Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. 19 All permanent emergency generators must be equipped with sound attenuating 20 housing to reduce noise. 21 22 # # # # # # # # # # # # # 23 24 5.03.07 - Permanent Emergency Generators 25 26 A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the 27 aesthetics of mechanical equipment, and protect the public health and safety of 28 homeowners from the risks associated with combustion engines and the entry of carbon 29 monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners 30 who seek shelter at home during periods of electrical power outages. 31 32 B. Applicability. Permanent emergency generators for single-family and two-family dwellings 33 shall be permitted as an accessory use and located in accordance with LDC section 34 5.03.07 Table 1. 35 36 C. Standards and Requirements. 37 38 1. Permanent emergency generators shall adhere to all generator manufacturer’s 39 locational specifications and applicable federal, state, and local code 40 requirements. The manufacturer’s locational specifications shall be concurrently 41 reviewed with the applicable electrical, structural, mechanical, gas piping, and 42 storage tank permits. 43 44 2. Submittals. At a minimum, the applicant’s site plan shall indicate the location and 45 dimension of the proposed generator, generator exhaust direction and permanent 46 fuel tank(s) in proximity to the dwelling unit and lot line, and all easements 47 burdening the property, including but not limited to drainage easements, lake 48 maintenance easements, and/or access easements. The site plan shall be 49 16.A.10.a Packet Pg. 675 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx provided with the building permit application. The written approval of an easement 1 holder for placement in an easement is required and must be included with the 2 submittal. 3 4 3. Location and Distances. Permanent emergency generators may be located in the 5 required front, side and rear yard setback in accordance with the following in Table 6 1. All distance setback and separation requirements shall be measured from the 7 most restrictive of the generator’s enclosure or exhaust outlet and adhere to the 8 following: 9 10 a. When located underneath the dwelling unit, the exhaust outlet shall be 11 vented outside of the dwelling unit above the roof line. 12 13 b. Generators may be allowed in the front yard, at a distance no greater than 14 six feet from the dwelling unit in zoning districts with 35 feet front yard 15 setback or greater and shall require a vegetative screen. For corner lots, 16 the generator may be allowed in the front yard which has the longest street 17 frontage utilizing the side yard generator setback standards in Table1. 18 19 c. Generators located in the rear yard of a waterfront lot shall require a 20 vegetative screen. 21 22 TABLE 1 Generator Setback and Separation Standards (feet) 23 24 Principal Structure Setback Generator Distance to Lot Line Side Yard 5 or less 1 Greater Than 5 and Up To 7.5 2 Greater Than 7.5 and Up To 20 4 Greater Than 20 10 Rear Yard 10_waterfront 5 non-waterfront Separation Distance to Public and Private Road Right-Of-Way 10 Between Mechanical Air Intake Equipment or Other Generator 10 Distance from Windows, Soffit Vent, Eaves To the Dwelling, Shrubs and Trees 5 Distance from Gas and Electrical Meters, Pool Pumps, Water and Water Softener Systems, AC Compressors and Landscape Plantings 3 25 16.A.10.a Packet Pg. 676 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx 4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the 1 generator’s exhaust outlet, at least one carbon monoxide detector shall be installed 2 inside the structure near the exterior wall openings and on each floor level. 3 4 5. Generator Noise and Testing. Generator noise and routine testing shall be in 5 compliance with LDC section 4.02.1 D.13. 6 7 6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC 8 section 6.05.03. 9 10 D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the foregoing, 11 diesel or gasoline powered generators shall be set back a minimum of 15 feet from any 12 lot line. 13 # # # # # # # # # # # # # 14 16.A.10.a Packet Pg. 677 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit A – Permanent Generator Permits Issued or Rejected 8 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Generator KW Size 2017 Yr. Ending 2018 thru July 5 Total Permits 2017 Total thru KW 30 2018 Total thru KW 30 Total Combined % of all permits 7.5 1 0 1 8 1 0 1 11 1 0 1 12 1 3 4 14 0 1 1 15 1 0 1 16 3 5 8 19.5 1 0 1 20 62 119 181 34.6 22 88 135 223 42.6 23 0 0 0 24 4 5 9 25 1 4 5 27 7 5 12 30 8 12 20 179 289 468 89.5 32 3 5 8 36 1 2 3 38 5 9 14 40 0 4 4 45 2 0 2 48 9 8 17 60 2 3 5 80 1 0 1 100 0 1 1 Totals 202 321 523 Missing size information, rejected or lacking other information 78 Permit Status- Issued or Expired by Setback Location 1-01-2017 Through 3-13-19 Sideyard Setback 0-5’ Greater Than 5’ up to 7.5’ Greater Than 7.5’ up to 20’ Greater Than 20’ Rear/Front Yard or Other Totals Total 223 410 143 92 13 881 Percent 25.31 46.54 16.23 10.44 1.48 100 16.A.10.a Packet Pg. 678 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit B – Manufacturers’ Surrounding Clearances 9 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Manufacturer- Generator 14 to 30 KW Briggs/Stratton 17 /20 -25 Air-Liquid Cooled Champion 14 Air Cooled Kohler Res14/20 Air Cooled Kohler RCL24 Liquid Cooled Generac 16/20/22 Air Cooled Generac 22/25/30 Liquid Cooled Generac 22/27 Spark Ignited Cummins RS22 Air Cooled Dimensi on Width 34”-30” 30.1” 26.2” 32.9 “ 25.5” 30.6” 29” 34” Clearan ces Exhaust Outlet 5’ 5’ 4’ 8’ 5’ Overhead 5’ 5’ 5’ Shrubs 5’ 4’ SWRI- Rated 18” 18” 18” 1 Hour- Fire Rated 17.7” 3’ Non-Rated 5’ Total Clearance and Width To Wall (Inches) Encroach ment SWRI- Rated 52-48 44.2 50.9 43.5 48.6 47 52 Fire Rated 52-48 47.8 62.2 68.9 61.5 66.6 65 70 Non-Rated 94-90 90.1 86.2 92.9 85.5 90.6 89 94 TRANE Manufacturer – AC Compressor Unit Dimension by Living Area -Model 4TTR40 Area Under Air (sq.ft.) Depth At 12” from Wall* At 24” from Wall Width Height 1,100 26 38 50 29 29 1,500 30 42 54 33 1,900 33 2,300 34 46 58 37 29 2,700 3,100 37 *Note: Distance from wall is per manufacturer’s specification at 12 inches and others can require a greater distance of up to 24 inches or more for working space. 16.A.10.a Packet Pg. 679 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit B – Manufacturers’ Surrounding Clearances 10 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Exhibit Based on Generac’s Site Selection Installation Guidelines 16.A.10.a Packet Pg. 680 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit C – Other Florida Communities Research 11 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Community Setbacks Zoning Districts Side Rear Distance to Property Line (PL) County Brevard1 All Residential 4’ into required side and rear yard. Not Addressed (N/A) Miami-Dade2 Residential Urban 3’ 5’ Residential Estates 5’ 5’ Orange3 All Residential 10’ 5’ or rear ½ of lot or parcel Palm Beach4 Single-Family 3’ 5’ Zero lot line 5’ Sarasota All districts except Siesta Key Overlay District (SKOD) Exempt from setback requirements when located at above ground level or elevated due to FEMA elevation requirements. No closer than 3’ SKOD Same as side yard setback. City Boca Raton All Residential Districts Anywhere within side or rear yard. N/A Boynton Beach5 3’ plus 1 foot for every 1 foot above height of 6 feet but not greater than the minimum principal structure setback. Key Biscayne6 Single-Family and Two-Family 5’ Lighthouse Point7 All Residential Districts 5’ Not allowed. 5’ Naples Same as principal structure (SPS). N/A North Miami8 5’ 5’ or 15’ from rear street PL. Ocean Ridge SPS 5’ Marco Island 4’ into required side or rear yard. N/A Miami Springs Anywhere within side or rear yard. Town of Palm Beach 5’ 5’ 5’ Palmetto Bay9 5’ 5’ N/A Plantation10 2.5’ from side or rear property line and 7.5’ from sidewalk, bikeway, or street right-of-way lines. Redington Beach Anywhere within side or rear yard. N/A Sanibel Anywhere within side or rear yard. 10’ South Miami 12.5’ 12.5’ 12.5’ Footnotes and Additional Criteria: 1- Encroachment is not subject to separation distances between structures. 2- 10’ setback from street property line. 3- 15’ setback from side street. 4- Encroachment is limited to 10% of setback requirement and generators less than 4’ in height. 5- Not allowed in front yard or corner side yard unless approved by administrative adjustment and no other on -site location is feasible or there is a finding the location and use or design of the abutting property would not have negative impact. 6- None in a yard facing any street. Propane gas tanks – 5 feet to side property line, limited to 500 gallons above ground and 1,000 gallons underground. 7- If not 5 feet from property line, then generator must be placed lengthwise and 1 foot from building. 8- 15’ from rear street property line. 9- 10’ from rear street. 10- Generators above 5.5’ height must comply with same setback as principal structure. 16.A.10.a Packet Pg. 681 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit D – Illustrations 12 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Exhibit D-Illustrations 16.A.10.a Packet Pg. 682 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit D – Illustrations 13 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx 16.A.10.a Packet Pg. 683 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit D – Illustrations 14 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx 16.A.10.a Packet Pg. 684 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit E- GMP Consistency Review 15 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx 16.A.10.a Packet Pg. 685 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - Exhibit F- Manufacturer’s Generator Sound Level Readings 16 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Note: Collier County Generator Noise Related Code Enforcement Cases For the period between January 10, 2017 and February 21, 2019, the Growth Management Department-Code Enforcement Operations Division recorded 274 noise related complaints which only four cases were related to generator noise that had resulted from the use of a temporary or portable generator and none from permanent emergency generators. Typical Generator Size- 20 to 22KW (yellow highlighted) KW Size Manufacturer Width Inches Length Inches Height Inches Average Output Sound dB(A) measured at 23’ - Manual Testing Specification Sheet AC-Air Cooled LC-Liquid Cooled SI-Spark Ignited Weekly Full or Normal Load 17 Briggs-Stratton 34 48.1 29.6 69.1 AC 20 29.6 48.1 30.6 64 AC 25 32.3 71 37 69 70 LC 14 RESAL Kohler 26.2 47.8 28.9 63 67 AC 20 RESC 64 69 AC 24/30/38 RCL 32.9 74 46 54 61 LC 48/60 89.8 45.2 60 61 LC RS 20A/AC and RS14 AF Cummins 40.8 52.7 35 62 AC RS22 34 72 45.5 64 LC- 50/50 mixture. RS25 RS 36 34 94 45.5 63 14 Champion 30 49 28 63.5 SI 16/20 Generac 25.5 48.5 28.8 55 67 AC 22 57 67 22/27 30.6 62.2 38.6 59 72 LC 25/30 59 73 36/45 35 76.8 46.1 61 72 32/38 58 64 48 63 68 60 65 72 16.A.10.a Packet Pg. 686 Attachment: Residential Permanent Emergency Generators CCPC Revisions 5-28-19 (9095 : Permanent Emergency Generators LDCA - 1 HenderlongRichard From:FrantzJeremy Sent:Tuesday, May 14, 2019 8:48 AM To:HenderlongRichard Subject:Fw: Board of Commissioners meeting on May 16th ________________________________ From: emil hatz <emil.hatz@gmail.com> Sent: Sunday, May 12, 2019 9:09:14 PM To: FrantzJeremy Subject: Board of Commissioners meeting on May 16th Hi Jeremy, I understand you are the best person to reach out to with our concern on getting approval for a generator installation for our new home in Talis Park in Naples that we purchased in April 7, 2017. Address: 16868 Brightling Way, Naples, FL 34110 The input forwarded to us from the zoning planner of Collier County is that the side setback on our property is 5’ on both sides. The generator is allowed to encroach up to 36” into the required setback. Apparently we are within inches of conforming. Also, know that there is a wide open and walkable area on the side of the house the generator would be installed. We have been working with David Gordon of Kurtz Homes who has spoken with Naples Generator and I also met with Empowered Global, Inc. In Bonita Springs. We have been trying to get approval for a generator for over a year now. We have a very important and unique medical need for a generator: * my wife is a lifelong childhood cancer survivor with numerous long term effects * She has both heart and lung challenges resulting from her extensive chemotherapy and radiation treatments * lasting heat and humidity causes difficulty breathing and heart arrhythmias * she also has medicine that is taken daily and some must be kept refrigerated In summary, any prolonged lack of AC ( cooling ) even for a day in the home can be a real health risk and would force us to have to leave and go to a hotel. We love being in Naples but never imagined that we would be denied installing a generator. This is so important to us that without one we have to consider selling especially with summer already here and then hurricane season. I hope you can consider our medical consideration coupled with ample clear space. We truly appreciate your consideration in this meeting this week and hope we can get approval soon. Let me know if you need a site plan or a photo of the installation area. Regards, Emil Hatz 410-274-3771 ________________________________ 16.A.10.b Packet Pg. 687 Attachment: Public Comments - 5-12-19 Emil Hatz Email (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) EMIL HATZ RESIDENCE: Lot 27, Brightling At Talis Park 16.A.10.b Packet Pg. 688 Attachment: Public Comments - 5-12-19 Emil Hatz Email (9095 : Permanent Emergency Generators LDCA 16.A.10.bPacket Pg. 689Attachment: Public Comments - 5-12-19 Emil Hatz Email (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) 16.A.10.c Packet Pg. 690 Attachment: Public Comments - Joseph Marino 4-16-19 Petition (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) 16.A.10.dPacket Pg. 691Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9095 : Permanent Emergency Generators LDCA - Direction 16.A.10.dPacket Pg. 692Attachment: Public Comments - Mr. Dvorak's CCPC Petition Submittals with Photos (9095 : Permanent Emergency Generators LDCA - Direction 16.A.10.dPacket Pg. 693Attachment: Public Comments - 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Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 746Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 747Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 748Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 749Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 750Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 751Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 752Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 753Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 754Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 755Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 756Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 757Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 758Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 759Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 760Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 761Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 762Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 763Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 764Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 765Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 766Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 767Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 768Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for 16.A.10.ePacket Pg. 769Attachment: Public Comments - Mr. Wenger's CCPC Petition Submittals 5-16-19 (9095 : Permanent Emergency Generators LDCA - Direction for DRAFT 5/29/19 Page 1 of 8 Words struck through are deleted, words underlined are added ORDINANCE NO. 19 – ___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, TO ADD STANDARDS AND REQUIREMENTS FOR PERMANENT EMERGENCY GENERATORS FOR SINGLE FAMILY AND TWO FAMILY DWELLINGS, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FOUR – SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS; CHAPTER FIVE – SUPPLEMENTAL STANDARDS, ADDING SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. [PL20180003486] Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Collier County Planning Commission, sitting as the land planning agency, did hold advertised public hearings on February 7, 2019, March 7, 2019, and May 16, 16.A.10.f Packet Pg. 770 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) DRAFT 5/29/19 Page 2 of 8 Words struck through are deleted, words underlined are added 2019, and reviewed the proposed amendments for consistency with the Comprehensive Plan and did recommend approval; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on June __, 2019, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 16.A.10.f Packet Pg. 771 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) DRAFT 5/29/19 Page 3 of 8 Words struck through are deleted, words underlined are added 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan or element shall be consistent with such comprehensive plan or element as adopted. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier 16.A.10.f Packet Pg. 772 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) DRAFT 5/29/19 Page 4 of 8 Words struck through are deleted, words underlined are added County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * * 13. Permanent emergency generators may be placed within the rear yard with a 10- foot rear yard setback. Permanent emergency generators may encroach into side yards up to 36 inches. Generators are not permitted to encroach into required front yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for exceptions and requirements. Above-ground fuel tanks for the generators are subject to the same setbacks; however, underground tanks are not subject to setback requirements. In order to reduce noise during required routine exercising of the generators, this exercising is restricted to operating the generator for no more than 30 minutes, weekly once every seven days, during 16.A.10.f Packet Pg. 773 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) DRAFT 5/29/19 Page 5 of 8 Words struck through are deleted, words underlined are added the hours of 9:00 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency generators must be equipped with sound attenuating housing to reduce noise. * * * * * * * * * * * * * SUBSECTION 3.B. ADDING NEW SECTION 5.03.07 PERMANENT EMERGENCY GENERATORS Section 5.03.07 Permanent Emergency Generators, is hereby added to Ordinance 04-41, as amended, the Collier County Land Development Code, to read as follows: 5.03.07 Permanent Emergency Generators A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the aesthetics of mechanical equipment, and protect the public health and safety of homeowners from the risks associated with combustion engines and the entry of carbon monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners who seek shelter at home during periods of electrical power outages. B. Applicability. Permanent emergency generators for single-family and two-family dwellings shall be permitted as an accessory use and located in accordance with LDC section 5.03.07 Table 1. C. Standards and Requirements. 1. Permanent emergency generators shall adhere to all generator manufacturer’s locational specifications and applicable federal, state, and local code requirements. The manufacturer’s locational specifications shall be concurrently reviewed with the applicable electrical, structural, mechanical, gas piping, and storage tank permits. 2. Submittals. At a minimum, the applicant’s site plan shall indicate the location and dimension of the proposed generator, generator exhaust direction and permanent fuel tank(s) in proximity to the dwelling unit and lot line, and all 16.A.10.f Packet Pg. 774 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) DRAFT 5/29/19 Page 6 of 8 Words struck through are deleted, words underlined are added easements burdening the property, including but not limited to drainage easements, lake maintenance easements, and/or access easements. The site plan shall be provided with the building permit application. The written approval of an easement holder for placement in an easement is required and must be included with the submittal. 3. Location and Distances. Permanent emergency generators may be located in the required front, side and rear yard setback in accordance with the following in Table 1. All distance setback and separation requirements shall be measured from the most restrictive of the generator’s enclosure or exhaust outlet and adhere to the following: a. When located underneath the dwelling unit, the exhaust outlet shall be vented outside of the dwelling unit above the roof line. b. Generators may be allowed in the front yard, at a distance no greater than six feet from the dwelling unit in zoning districts with 35 feet front yard setback or greater and shall require a vegetative screen. For corner lots, the generator may be allowed in the front yard which has the longest street frontage utilizing the side yard generator setback standards in Table 1. c. Generators located in the rear yard of a waterfront lot shall require a vegetative screen. 16.A.10.f Packet Pg. 775 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) DRAFT 5/29/19 Page 7 of 8 Words struck through are deleted, words underlined are added TABLE 1 Generator Setback and Separation Standards (feet) Principal Structure Setback Generator Distance to Lot Line Side Yard 5 or less 1 Greater Than 5 and Up To 7.5 2 Greater Than 7.5 and Up To 20 4 Greater Than 20 10 Rear Yard 10 waterfront 5 non-waterfront Separation Distance to Public and Private Road Right-Of-Way 10 Between Mechanical Air Intake Equipment or Other Generator 10 Distance from Windows, Soffit Vent, Eaves To the Dwelling, Shrubs and Trees 5 Distance from Gas and Electrical Meters, Pool Pumps, Water and Water Softener Systems, AC Compressors and Landscape Plantings 3 4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the generator’s exhaust outlet, at least one carbon monoxide detector shall be installed inside the structure near the exterior wall openings and on each floor level. 5. Generator Noise and Testing. Generator noise and routine testing shall be in compliance with LDC section 4.02.1 D.13. 6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC section 6.05.03. D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the foregoing, diesel or gasoline powered generators shall be set back a minimum of 15 feet from any lot line. * * * * * * * * * * * * * 16.A.10.f Packet Pg. 776 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) DRAFT 5/29/19 Page 8 of 8 Words struck through are deleted, words underlined are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ___ day of ______, 2019. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:________________________________ , Deputy Clerk WILLIAM L. MCDANIEL, JR., Chairman Approved as to form and legality: __________________________ Heidi F. Ashton-Cicko Managing Assistant County Attorney 04-CMD-01077/____ (5/29/19) 18-LDS-00064 16.A.10.f Packet Pg. 777 Attachment: draft LDC ordinance - emergency generators - 5.29.19 (9095 : Permanent Emergency Generators LDCA - Direction for Hearing) 1 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx LAND DEVELOPMENT CODE AMENDMENT PETITION PL20180003486 SUMMARY OF AMENDMENT This amendment introduces a new section to address the placement and location of residential permanent emergency generators for single-family and two-family dwelling units. The amendment establishes locational criteria to property lines, another generator, ancillary fuel tanks, window openings to a dwelling, and when necessary the installation of carbon monoxide detectors. LDC SECTION TO BE AMENDED 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 5.03.07 Permanent Emergency Generators (New Section) ORIGIN Board of County Commissioners HEARING DATES BCC 06/25/2019 CCPC 05/16/2019 03/07/2019 02/07/2019 DSAC 02/06/2019 DSAC-LDR 12/18/2018 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved with recommendations DSAC Approved CCPC Approved with changes BACKGROUND After Hurricane Irma, all of the County’s 270,000 customers served by Florida Power and Light had power outages. There has been a significant increase of County residents installing various residential permanent emergency generators as a means of resiliency against power outage events. Many building permit applications have been rejected due to setback requirements, lacking a detailed location plan, or insufficient information. The majority of permits issued have been for 20 and 22 kilowatt generators which represent 77.2% of the total permits and 89.5% are 30 kilowatts or less. (See Exhibit “A”). Also, an update to the total permits issued from January 1, 2017 to March 13, 2019 by the required setback location, indicates 25.31% (223) were issued within 5 feet or less sideyard setbacks and the majority were at 46.54% (410) within sideyard setbacks gre ater than 5 feet and up to 7.5 feet. On June 26, 2018, the Board directed staff to proceed with an amendment to increase flexibility for the placement of emergency generators on residential parcels or lots. Staff reviewed common manufacturers’ recommende d minimum surrounding clearances from walls, fences and landscaping (See Exhibit “B”), standards in other communities (See Exhibit “C”), and other guidelines. Staff also worked with industry professionals to better understand common constraints and potential safety issues. The amendment provides additional flexibility for generator placement by establishing minimum setbacks from property lines that vary depending on the required yard sizes. These setbacks are based on the majority of generators being placed within three to four feet from the exterior house’s wall. Four out of five common manufacturer’s installation guidelines would be able to meet placement within four feet of the house wall (See Exhibit “B”- Tan highlight). The amendment also addresses potential health, safety and welfare associated with adding permanent generators in close proximity to homes by requiring minimum distances between generators and mechancial air intake equipment, compliance with manufacturer’s specifications, concurrent review of applicable building permits and 2 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx providing design standards consistent with the Florida’s building, mechanical, electrical, plumbing, fuel and gas codes. A scaled illustration of the proposed 10 feet separation standard between generators is shown in Exhibit “D” along with photos of installed generators taken from West Coast Generators’s website. Additionally, the exhibit identifies two generator permits that have been rejected, one in a side yard setback of 6.0 feet and the other 7.5 feet. To meet manufacturer’s locational specifications and current LDC code requirement, these generators exceeded the current standard by 11 inches and 8 inches. DSAC-LDR Subcommittee Recommendation The DSAC-LDR subcommittee accepted staff’s textual changes and made the following recommendations: • Revise the words or term “permanent emergency generators” to “optional standby generators” to relate to the Florida Building and National Electrical Code’s use of the term. Report back at the full DSAC meeting, if the County Attorney’s Office or Building Manager has a reason not to change the term. • Require screening when the generator’s placement is in the front yard, on a waterfront or preserve lot. • Increase the setback to road right-of-ways from two feet to five feet. • Require a five feet setback from waterfront or preserve lots. • Modify the Table to alleviate possible confusion with a required setback for a side yard. The proposed text incorporates DSAC-LDR subcommittee’s recommendations. After consulting with the County Attorney’s Office, the title “ permanent emergency generators” does not require a change to address the Florida Building or National Electrical Code definitions and use of the term “optional standby generators.” DSAC Recommendation On February 6, 2019, the DSAC unanimously approved the proposed textual changes as recommended by DSAC - LDR subcommittee. CCPC Recommendation On February 7, 2019, the CCPC did not vote on the amendment. Following a general discussion, they decided to re-examine the amendment at a later date and requested a Fire Official attend the next meeting to determine if there are access, fire safety or firefighting concerns when multiple mechanical equipment (AC and generators) are located between two adjoining residential lots with a minimum five feet sideyard setback. They also recommended adding to the purpose intent section the words “to reduce noise” and requested a 2007 noise study, that had been reviewed by a prior planning commission, be provided. This study had assisted the planning commission in establishing the current acceptable sound level at 75 db (A). On March 7, 2019 the CCPC recommended the following changes: • Add to the Purpose and Intent Section: “To improve the aesthetics of mechanical equipment”. • Revise Table 1 to establish a standard of five feet for the minimum “distance to lot line” when sideyard setbacks are less than 20 feet. This would be comparable with the County’s minimum 10 feet separation distance between structures and serve to maintain 10 feet of distance between an abutting neighbor’s dwelling unit, window, or other generator. • Increase the distance to a public road right-of-way line from 5 to 10 feet to be consistent with the residential minimun development standard of 10 feet for signage, stated in LDC section 5.06.02.B.1.b. • Evaluate distance separation requirements between other obstructions such as pool equipment, AC compressor, water systems and water softener systems, and landscaping. • Require all easements to be shown on a site plan and to be submitted with each permit application and if the generator is located within the easement, a written consent from all easement holders. 3 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx Regarding health and safety, the CCPC needed early warning and protection assura nces that carbon monoxide (CO) detectors are installed within and outside of residential sleeping rooms. Upon further research, the 2017 - Florida Building Code (FBC) Residential, Sixth Edition, Section R315.1: Carbon Monoxide Protection require operational CO alarm(s) to be installed in accordance with new building permit construction. It states the following: “Every separate building or an addition to an existing building for which a permit for new construction is issued and having a fossil-fuel-burning heater or appliance, a fireplace, an attached garage, or other feature, fixture, or element that emits carbon monoxide as byproduct of combustion shall have an operational carbon monoxide alarm installed within 10 feet of each room used for sleeping purposes” with the exception: “…to existing buildings that are undergoing alterations or repairs unless the alternation is an addition as defined in Section R315.3”. Section R315.3 describes “addition” to mean “an extension or increase in floor area, number of stories or height of a building or structure”. The proposed LDC text broadens this provision for additional early protection warning by requiring the installation of CO detectors to be installed in an existing home when there isn’t an extension or incre ase in floor area, number of stories or height of the building or structure and the location of an applicant’s generator is 10 feet or less in distance to the existing home. On May 16, 2019, the CCPC approved the LDC amendment with changes by a vote of 4 to 1. The dissenting commissioner objected to the placement of generators within public utility and drainage easements and closer than 5 feet to a lot line. The CCPC received public comments and numerous petitions regarding how the CCPC’s proposal of 5 feet to a lot line would prohibit generators from being allowed in the side yards of smaller lots and especially when they need 6 additional inches for permit approval. Additionally, the public concerns centered on the effect to property values in communities with natural gas (such as Stone Creek), the offensive placement within front yards by HOAs and neighbors, and reasonable use of private property. Therefore, the CCPC reconsidered their previous recommendation and agreed the distance to lot line would remain the same as in the initial LDC draft submittal for required side yard setbacks, public and private road right of ways and an inclusion that there be a provision for drainage flows to be maintained. Based on the CCPC recommendation, the following changes have been incorporated: • Table 1 is revised to match the original initial draft submittal column presented in the LDC narrative on May 16, 2019. • Added a new section 5.03.07 C.6 to address the CCPC’s recommendation to add language requiring lots to maintain drainage. Text has been added to cross-reference LDC section 6.05.03 since maintenance of drainage flows is already required in LDC section 6.05.03 F.2 which states: “The property owner shall maintain site grading and drainage (e.g. swales, French drains, grates, etc.) in accordance with the approved stormwater plan.” After the CCPC hearing, staff made the following changes to the amendment to i ncrease clarity of the setback table and preserve the intent of the CCPC’s recommendation. These changes do not have any substantive effect. • Clarified column headings in the Table. • Simplified the layout of the formatting for the “Rear Yard” setbacks. 4 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5-28-19 for CAO review.docx • Deleted in its entirety, previously proposed LDC section 5.03.07 C.3.d, because generators elevated 30 inches above the ground are setback the same distance to a lot line as ground mounted generators and in LDC section 5.03.07 C.3.c, deleted the words “preserve lot” as a vegetative screen is not necessary to protect an aesthetic view or provide a buffer to a preserve lot. FISCAL & OPERATIONAL IMPACTS There are no fiscal or operational impacts with this amendment to the County. When applicable, the homeowner’s added costs are: to screen a generator, install carbon monoxide detectors, extend an exhaust outlet, acquire a spot survey and written consent from easement holders. GMP CONSISTENCY Based upon staff’s analysis, the amendment is consistent with the GMP. (See Exhibit “E”) EXHIBITS: A) Permanent Generator Permits Issued or Rejected; B) Manufacturer’s Surrounding Clearances; C) Other Florida Communities Research; D) Illustrations; E) GMP Consistency Review; F) Manufacturer’s Generator Sound Level Readings. DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Amend the LDC as follows: 4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts 1 2 * * * * * * * * * * * * * 3 4 D. Exemptions and exclusions from design standards. 5 6 * * * * * * * * * * * * * 7 8 13. Permanent emergency generators may be placed within the rear yard with a 10-9 foot rear yard setback. Permanent emergency generators may encroach into side 10 yards up to 36 inches. Generators are not permitted to encroach into required front 11 yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for 12 exceptions and requirements. Above-ground fuel tanks for the generators are 13 subject to the same setbacks; however, underground tanks are not subject to 14 setback requirements. In order to reduce noise during required routine exercising 15 of the generators, this exercising is restricted to operating the generator for no 16 more than 30 minutes, weekly once every seven days, during the hours of 9:00 17 a.m. to 5:00 p.m. and shall not exceed sound level limits for Manufacturing and 18 Industrial uses as set forth in Ordinance 90-17, the Noise Ordinance, as amended. 19 All permanent emergency generators must be equipped with sound attenuating 20 housing to reduce noise. 21 22 # # # # # # # # # # # # # 23 24 5.03.07 - Permanent Emergency Generators 25 26 A. Purpose and Intent. It is the purpose of this section to reduce noise, improve the 27 aesthetics of mechanical equipment, and protect the public health and safety of 28 homeowners from the risks associated with combustion engines and the entry of carbon 29 monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners 30 who seek shelter at home during periods of electrical power outages. 31 32 B. Applicability. Permanent emergency generators for single-family and two-family dwellings 33 shall be permitted as an accessory use and located in accordance with LDC section 34 5.03.07 Table 1. 35 36 C. Standards and Requirements. 37 38 1. Permanent emergency generators shall adhere to all generator manufacturer’s 39 locational specifications and applicable federal, state, and local code 40 requirements. The manufacturer’s locational specifications shall be concurrently 41 reviewed with the applicable electrical, structural, mechanical, gas piping, and 42 storage tank permits. 43 44 2. Submittals. At a minimum, the applicant’s site plan shall indicate the location and 45 dimension of the proposed generator, generator exhaust direction and permanent 46 fuel tank(s) in proximity to the dwelling unit and lot line, and all easements 47 burdening the property, including but not limited to drainage easements, lake 48 maintenance easements, and/or access easements. The site plan shall be 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx provided with the building permit application. The written approval of an easement 1 holder for placement in an easement is required and must be included with the 2 submittal. 3 4 3. Location and Distances. Permanent emergency generators may be located in the 5 required front, side and rear yard setback in accordance with the following in Table 6 1. All distance setback and separation requirements shall be measured from the 7 most restrictive of the generator’s enclosure or exhaust outlet and adhere to the 8 following: 9 10 a. When located underneath the dwelling unit, the exhaust outlet shall be 11 vented outside of the dwelling unit above the roof line. 12 13 b. Generators may be allowed in the front yard, at a distance no greater than 14 six feet from the dwelling unit in zoning districts with 35 feet front yard 15 setback or greater and shall require a vegetative screen. For corner lots, 16 the generator may be allowed in the front yard which has the longest street 17 frontage utilizing the side yard generator setback standards in Table1. 18 19 c. Generators located in the rear yard of a waterfront lot shall require a 20 vegetative screen. 21 22 TABLE 1 Generator Setback and Separation Standards (feet) 23 24 Principal Structure Setback Generator Distance to Lot Line Side Yard 5 or less 1 Greater Than 5 and Up To 7.5 2 Greater Than 7.5 and Up To 20 4 Greater Than 20 10 Rear Yard 10_waterfront 5 non-waterfront Separation Distance to Public and Private Road Right-Of-Way 10 Between Mechanical Air Intake Equipment or Other Generator 10 Distance from Windows, Soffit Vent, Eaves To the Dwelling, Shrubs and Trees 5 Distance from Gas and Electrical Meters, Pool Pumps, Water and Water Softener Systems, AC Compressors and Landscape Plantings 3 25 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx 4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the 1 generator’s exhaust outlet, at least one carbon monoxide detector shall be installed 2 inside the structure near the exterior wall openings and on each floor level. 3 4 5. Generator Noise and Testing. Generator noise and routine testing shall be in 5 compliance with LDC section 4.02.1 D.13. 6 7 6. Drainage Flow. Maintenance of stormwater drainage shall be as required in LDC 8 section 6.05.03. 9 10 D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the foregoing, 11 diesel or gasoline powered generators shall be set back a minimum of 15 feet from any 12 lot line. 13 # # # # # # # # # # # # # 14 Exhibit A – Permanent Generator Permits Issued or Rejected 8 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Generator KW Size 2017 Yr. Ending 2018 thru July 5 Total Permits 2017 Total thru KW 30 2018 Total thru KW 30 Total Combined % of all permits 7.5 1 0 1 8 1 0 1 11 1 0 1 12 1 3 4 14 0 1 1 15 1 0 1 16 3 5 8 19.5 1 0 1 20 62 119 181 34.6 22 88 135 223 42.6 23 0 0 0 24 4 5 9 25 1 4 5 27 7 5 12 30 8 12 20 179 289 468 89.5 32 3 5 8 36 1 2 3 38 5 9 14 40 0 4 4 45 2 0 2 48 9 8 17 60 2 3 5 80 1 0 1 100 0 1 1 Totals 202 321 523 Missing size information, rejected or lacking other information 78 Permit Status- Issued or Expired by Setback Location 1-01-2017 Through 3-13-19 Sideyard Setback 0-5’ Greater Than 5’ up to 7.5’ Greater Than 7.5’ up to 20’ Greater Than 20’ Rear/Front Yard or Other Totals Total 223 410 143 92 13 881 Percent 25.31 46.54 16.23 10.44 1.48 100 Exhibit B – Manufacturers’ Surrounding Clearances 9 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Manufacturer- Generator 14 to 30 KW Briggs/Stratton 17 /20 -25 Air-Liquid Cooled Champion 14 Air Cooled Kohler Res14/20 Air Cooled Kohler RCL24 Liquid Cooled Generac 16/20/22 Air Cooled Generac 22/25/30 Liquid Cooled Generac 22/27 Spark Ignited Cummins RS22 Air Cooled Dimensi on Width 34”-30” 30.1” 26.2” 32.9 “ 25.5” 30.6” 29” 34” Clearan ces Exhaust Outlet 5’ 5’ 4’ 8’ 5’ Overhead 5’ 5’ 5’ Shrubs 5’ 4’ SWRI- Rated 18” 18” 18” 1 Hour- Fire Rated 17.7” 3’ Non-Rated 5’ Total Clearance and Width To Wall (Inches) Encroach ment SWRI- Rated 52-48 44.2 50.9 43.5 48.6 47 52 Fire Rated 52-48 47.8 62.2 68.9 61.5 66.6 65 70 Non-Rated 94-90 90.1 86.2 92.9 85.5 90.6 89 94 TRANE Manufacturer – AC Compressor Unit Dimension by Living Area -Model 4TTR40 Area Under Air (sq.ft.) Depth At 12” from Wall* At 24” from Wall Width Height 1,100 26 38 50 29 29 1,500 30 42 54 33 1,900 33 2,300 34 46 58 37 29 2,700 3,100 37 *Note: Distance from wall is per manufacturer’s specification at 12 inches and others can require a greater distance of up to 24 inches or more for working space. Exhibit B – Manufacturers’ Surrounding Clearances 10 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Exhibit Based on Generac’s Site Selection Installation Guidelines Exhibit C – Other Florida Communities Research 11 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Community Setbacks Zoning Districts Side Rear Distance to Property Line (PL) County Brevard1 All Residential 4’ into required side and rear yard. Not Addressed (N/A) Miami-Dade2 Residential Urban 3’ 5’ Residential Estates 5’ 5’ Orange3 All Residential 10’ 5’ or rear ½ of lot or parcel Palm Beach4 Single-Family 3’ 5’ Zero lot line 5’ Sarasota All districts except Siesta Key Overlay District (SKOD) Exempt from setback requirements when located at above ground level or elevated due to FEMA elevation requirements. No closer than 3’ SKOD Same as side yard setback. City Boca Raton All Residential Districts Anywhere within side or rear yard. N/A Boynton Beach5 3’ plus 1 foot for every 1 foot above height of 6 feet but not greater than the minimum principal structure setback. Key Biscayne6 Single-Family and Two-Family 5’ Lighthouse Point7 All Residential Districts 5’ Not allowed. 5’ Naples Same as principal structure (SPS). N/A North Miami8 5’ 5’ or 15’ from rear street PL. Ocean Ridge SPS 5’ Marco Island 4’ into required side or rear yard. N/A Miami Springs Anywhere within side or rear yard. Town of Palm Beach 5’ 5’ 5’ Palmetto Bay9 5’ 5’ N/A Plantation10 2.5’ from side or rear property line and 7.5’ from sidewalk, bikeway, or street right-of-way lines. Redington Beach Anywhere within side or rear yard. N/A Sanibel Anywhere within side or rear yard. 10’ South Miami 12.5’ 12.5’ 12.5’ Footnotes and Additional Criteria: 1- Encroachment is not subject to separation distances between structures. 2- 10’ setback from street property line. 3- 15’ setback from side street. 4- Encroachment is limited to 10% of setback requirement and generators less than 4’ in height. 5- Not allowed in front yard or corner side yard unless approved by administrative adjustment and no other on -site location is feasible or there is a finding the location and use or design of the abutting property would not have negative impact. 6- None in a yard facing any street. Propane gas tanks – 5 feet to side property line, limited to 500 gallons above ground and 1,000 gallons underground. 7- If not 5 feet from property line, then generator must be placed lengthwise and 1 foot from building. 8- 15’ from rear street property line. 9- 10’ from rear street. 10- Generators above 5.5’ height must comply with same setback as principal structure. Exhibit D – Illustrations 12 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Exhibit D-Illustrations Exhibit D – Illustrations 13 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Exhibit D – Illustrations 14 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Exhibit E- GMP Consistency Review 15 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Exhibit F- Manufacturer’s Generator Sound Level Readings 16 L:\LDC Amendments\Advisory Boards and Public Hearings\BCC\2019\June 11\Residential Permanent Emergency Generators CCPC Revisions 5- 28-19 for CAO review.docx Note: Collier County Generator Noise Related Code Enforcement Cases For the period between January 10, 2017 and February 21, 2019, the Growth Management Department-Code Enforcement Operations Division recorded 274 noise related complaints which only four cases were related to generator noise that had resulted from the use of a temporary or portable generator and none from permanent emergency generators. Typical Generator Size- 20 to 22KW (yellow highlighted) KW Size Manufacturer Width Inches Length Inches Height Inches Average Output Sound dB(A) measured at 23’ - Manual Testing Specification Sheet AC-Air Cooled LC-Liquid Cooled SI-Spark Ignited Weekly Full or Normal Load 17 Briggs-Stratton 34 48.1 29.6 69.1 AC 20 29.6 48.1 30.6 64 AC 25 32.3 71 37 69 70 LC 14 RESAL Kohler 26.2 47.8 28.9 63 67 AC 20 RESC 64 69 AC 24/30/38 RCL 32.9 74 46 54 61 LC 48/60 89.8 45.2 60 61 LC RS 20A/AC and RS14 AF Cummins 40.8 52.7 35 62 AC RS22 34 72 45.5 64 LC- 50/50 mixture. RS25 RS 36 34 94 45.5 63 14 Champion 30 49 28 63.5 SI 16/20 Generac 25.5 48.5 28.8 55 67 AC 22 57 67 22/27 30.6 62.2 38.6 59 72 LC 25/30 59 73 36/45 35 76.8 46.1 61 72 32/38 58 64 48 63 68 60 65 72