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HomeMy WebLinkAbout06504ORDINANCE NO. 6504 AN ORDINANCE AMENDING TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO USE OF EMERGENCY STANDBY ENGINES AND GENERATORS, PERMITTED LOCATIONS THEREFOR, PERFORMANCE STANDARDS THEREFOR, AND SPECIAL USE PERMITS THEREFOR, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: (Brackets indicate matter being deleted; underscoring indicates new matter being added.) SECTION 1. Title XVII of the Pueblo Municipal Code is hereby amended by the addition of a new Chapter 13 thereto to read as follows: CHAPTER 13 Emergency Standby Engines and Generators Sec. 17 -13 -1. Definitions. Unless specifically defined below, words or phrases used in this Chapter shall have the meaning, if any, set forth in Section 17 -2 -1 of this Title, and otherwise shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable interpretation. Emergency standby engine means a stationary internal combustion engine intended for use or used in emergency situations to drive an electrical generator, an air compressor or a water pump, except for limited operation for non- emergency purposes in accordance with this Chapter. Emergency situation means any one of the following: (a) an unforeseen electrical power failure from the serving utility; an unforseen and widespread electrical system disturbance that causes the serving utility to substantially curtail electric service involuntarily and unexpectedly. For purposes of this subparagraph (b), "involuntarily and unexpectedly" does not include any interruption or disruption in service authorized by any tariff providing for interruptible service nor such interruption or disruption authorized by specific contract agreements with customers; or (c) an unforeseen flood or fire or life - threatening situation; or an operation of emergency generators for an airport licensed by the Federal Aviation Administration or an operation of an emergency standby engine or generator at the request of the Federal Emergency Management Agency. Emergency generator means an electrical generator powered by an emergency standby engine. Stationary internal combustion engine means a spark or compression ignited, internal combustion engine which is not readily portable. Non - emergency purposes means, with respect to operation of an emergency standby engine or emergency generator, operation for any of the following purposes: (a) testing, maintenance or demonstration of operational readiness in excess of 6 hours per calendar month; electrical power generation during periods when power supplied by a public utility has been interrupted in accordance with tariffs providing for interruptible service, electrical power generation for sale to an electrical utility or electrical power cooperative, electrical power generation for peak power shaving purposes, or for any other non - emergency purposes. Sec. 17 -13 -2. Permitted Zone Districts. Except as restricted or limited by Section 17 -13 -3, (a) emergency standby engines and emergency generators shall be permitted as a use by right in all I -2, I -3 and S -1 zone districts; emergency standby engines and emergency generators intended for and operated solely and exclusively for use in emergency situations and for reasonable testing, maintenance or demonstration of operational readiness not exceeding 6 hours per calendar month, shall be permitted as an accessory use by right in a B -3, B -4 or I -1 zone district, provided that no such emergency standby engine or emergency generator shall be operated for any non - emergency purposes in -2- said zone districts unless permitted as an accessory use by review in accordance with the provisions of section 17 -5 -33 of this Title; and (c) emergency standby engines and emergency generators may be permitted as an accessory use by review in an R -5, R -6, 0-1, B -1, B -2, S -2 or S -3 zone district in accordance with the provisions of section 17 -5 -33 of this Title. Sec. 17 -13 -3. Performance standards for emergency standby engines and generators. (a) Emergency standby engines and emergency generators permitted as an accessory use by review may be operated on a limited basis for non - emergency purposes for periods of time and number of days not exceeding the following limitations: M Operation for non - emergency purposes shall not exceed eight (8) hours during any calendar day; and, Operation for non - emergency purposes shall not exceed an aggregate of 470 hours in anv calendar vear: and Operation for non - emergency purposes shall not be undertaken on more than 120 calendar days in any calendar year, and Operation for non - emergency purposes may be conducted only during the hours between 6:00 o'clock a.m. and 8:00 o'clock p.m., according to the applicable time standard then in effect within the City. Sound levels of noise resulting from the operation for non - emergency purposes of emergency standby engines or emergency generators authorized as a use by review shall not exceed seventy (70) decibels; and if located in an 1-2,1-3 or S -1 zone, shall not exceed eighty (80) decibels. For purposes of this subsection, the sound level limitations apply at the property line of the property upon which the engine or generator is located, and, for enforcement purposes, may be measured at any point beyond such property line. In addition, no vibration resulting from such operation shall be discernable at the property line. (c) Operation of emergency standby engines and emergency generators shall fully comply with the requirements of all federal and state laws and regulations, including but not limited to the Colorado Air Quality Control Act, §25 -7 -101, et seq. and regulations promulgated thereunder. In the event any law or regulation requires the owner or operator of an emergency standby engine or emergency generator to obtain an emission permit or file an air pollution emission notice with respect to operation of such engine or generator, the owner or operator shall do so prior to conducting any operation for non-emergency purposes. -3- Operation of emergency generators for non - emergency purposes requiring approval or authorization from the Colorado Public Utilities Commission or the Federal Energy Regulatory Commission shall not be undertaken until and unless such approval has been obtained. (e) If the operation of an emergency standby engine or emergency generator has been authorized as a use by review, such operation shall be conducted in accordance with all conditions and safeguards imposed by the Zoning Board of Appeals. Sec. 17 -13 -4. Recordkeeping. (a) The owner or operator of an emergency standby engine or emergency generator shall keep and maintain the records described in this section. The records shall be retained on site for not less than three years and made available for inspection and copying by the Administrative Official, or his designee, upon demand. The records shall contain all of the following information: identification of the emergency standby engine and emergency generator by manufacturer, rated horsepower and date of installation, identification of the type and source of fuel consumed by each engine; (3) an operating log containing the dates of engine operation and hours operated per day including the time started and time stopped. Each entry in the log shall specify if the operation was for non - emergency purposes or for an emergency situation and the nature of the emergency if applicable. Each entry shall be signed by a responsible agent or employee of the owner or operator who has personal knowledge of the information set forth in the entry. The signature of such person shall constitute a representation, on behalf of the owner or operator, that such information is true and correct. a complete copy of any emission permit or air pollution emission notice issued with respect to the engine or generator, together with any amendments thereto and all notices of violation or cease and desist orders issued by any state or federal department, agency or board with respect thereto. in the event the engine or generator was operated for purposes of sale of electrical power to an electrical utility or electric cooperative or for peak power shaving purposes, a copy of the applicable tariff or tariffs, or any contract or contracts governing such sale or peak power shaving arrangement. -4- QPCTNIN Section 17 -4 -30 of Chapter 4, Title XVH of the Pueblo Municipal Code, as amended, is amended to read as follows: Sec. 17 -4 -30. Public utilities. (a) For purposes of all districts, a public utility is defined to be a water, irrigation, sewer, gas, electric, telephone, bus, taxi, ambulance or railroad system or installation which serves five (5) or more customers, whether or not it is franchised or organized as a corporation or district. Public utility installations shall be subject to the following requirements: (1) Distribution, transmission and service lines and routes requiring simple easements or installation in public rights -of -way or installed under franchise agreement with the City and /or County and usual customer facilities shall not be subject to zoning requirements. (2) Utility service facilities, the major use of which involves either office, manufacturing, warehousing, retailing, vehicle storage or maintenance functions, shall be constructed only in those zone districts in which a private firm not in the utility business would be permitted to establish a similar function or use. (3) Special utility facilities, such as water reservoirs, sewage lagoons, switching yards, pumping stations and other component equipment installations on land owned or leased and where the equipment is fenced or placed in a building shall not be constructed until a special use permit has been issued by the Zoning Board of Appeals. (4) These regulations shall in no way prohibit the installation of temporary facilities of the types described in subsections (2) and (3) above in cases of emergency conditions, provided that, within a reasonable period of time, application is made for approval of installation of permanent facilities. (b) Neither wireless telecommunications providers, nor the towers, antennas or other facilities used by wireless telecommunications providers, shall be considered as a public utility for purposes of this Title. (c) Neither emergency standby engines or emergency generators, nor any use thereof, shall be considered as a public utility or public utility installation for purposes of this Title -5- SECTION 3 Administration and enforcement of this Ordinance shall be in accordance with the provisions of Chapters 5 and 7 of Title 17 of the Pueblo Municipal Code, as amended. Any person violating any provisions of this Ordinance shall be punished as provided in Section 17- 7 -3(c) of the Pueblo Municipal Code. SECTION 4. This Ordinance shall become effective thirty (30) days after final passage and approval. ATTEST: r.. City C k INTRODUCED: January 10 , 2000 By Al Gurule Councilperson APPR D: nn � I' Pr sident of the City Council I Me