Ground Mounted Infrastructure Policy
HVAC, Emergency Generators, Solar Batteries, etc.
Recitals:
The Board wishes to adopt this policy to clarify the rules governing the installation of ground-mounted Infrastructure Unit(s), including but not limited to HVAC (heating, ventilation, air conditioning) units; emergency generators, solar batteries, heating, and oil tanks within the Association.
Article VI, Section (b)(1) of the Association’s Declaration of Restrictions (“Declaration”) establishes the Association’s setbacks and Article VII, Section (b) of the Declaration reserves the Association’s easements.
This policy will be effective for all permit applications submitted after the policy approval date.
While this policy is intended to be consistent with federal law and the Washington County Development Code and Development standards, the Association’s policy may be more restrictive.
Policy:
Association Permit Required: A building permit issued by the Association is required before the installation of any ground-mounted Infrastructure Unit. The application must depict the location of the house and property lines (with written setback dimensions), fencing, sheds, patios, walkways, and other pertinent areas of the property. The application must also depict the width, length and height of the proposed equipment or tank.
Governmental Permit Required: For equipment or tanks requiring a governmental permit, the applicant must provide the Association with a copy of the approved permit(s) for their file prior to commencement of work.
Noise Impact. To the greatest extent possible, Infrastructure Units that create noise must be located away from neighbor’s bedrooms and outdoor living space(s).
Visual Impact. To the greatest extent possible, Infrastructure Units must be placed in locations that best limit visual impact from the streets and from adjacent homes.
Screening Required: Infrastructure Units must be located in portions of yards that can be fenced under current Board policy and the Declaration. In fenced yards, Infrastructure Units must be obscured from view. If the yard is not fenced, sight-obscuring fencing or screening, not less than the height of the permitted unit, must be installed to screen the Infrastructure Units from street view. The Board reserves the right to require fence screening if any approved landscape screening becomes inadequate to screen sight and sound or if the screening is not properly maintained.
Setbacks: Infrastructure Units must not be located within an Association easement (defined by Article VII(b) of the Declaration to be 5 feet behind all side and rear property lines).
a. Front yards and street side yards: Infrastructure Units must be located behind the setback line (as established by Exhibit C of the Declaration) and behind the front or street side corners of the house or garage/carport, whichever distance is more restrictive.
b. Side yard: Subject to Section 8, below, Infrastructure Units must not be located less than 5 feet from the side property line.
c. Rear yard: Subject to Section 8, below, Infrastructure Units should not be located less than 15 feet from the rear property line.
Side Yards: Where the side yard is not wide enough to locate an Infrastructure Units while maintaining at least a 5-foot setback to the property line, the Infrastructure Units must be located behind the home.
Exception for Association Easements. An exception allowing placement within the 5-foot Association easement may be granted by a vote of at least two directors of the Board. However, if the easement must be used or accessed by the Association, utility, or governmental entity for any reason requiring the Infrastructure Unit’s removal, the owner must remove the Infrastructure Unit at the owner’s sole expense within 20 days of written notice from the Association. The notice will state the reason necessitating the need for removal for access to the Association easement. The Board will have sole authority and discretion to require the Infrastructure Unit’s removal. In addition, the Board, at its sole discretion, may permit the owner to restore the Infrastructure Unit, at the owner’s sole expense, following the time when the Association, utility, or governmental entity no longer requires access to the Association easement.
Date: 12/13/05; Amended August 10, 2021; Amended April 2023
Adopted by Board of Directors
Homes Association of Cedar Hills,
Nabil Kanso, President
Amended July 2024