The purpose of this subchapter is to promote the use and construction of a geothermal heating or cooling systems within the village while protecting the village's water resources. In furtherance of this overall purpose, this subchapter addresses the following:

   (A)   Protect and preserve the water resources and water supply that serve all the village's residents;

   (B)   Conserve and beneficially manage geothermal resources and thermal groundwater in a comprehensive and coordinated manner so as to assure their continued availability and productivity;

   (C)   Continue to support and assist in the development of individual private geothermal resources and thermal groundwater uses, including residential, institutional, commercial and industrial activities;

   (D)   Maximize the public welfare and economic benefit to be derived from geothermal resources and thermal groundwater;

   (E)   Minimize the potential for damage or degradation to geothermal resources and thermal groundwater;

   (F)   Protect the surface and subsurface environment during development and utilization of geothermal resources and thermal groundwater; and

   (G)   Allow for the installation and maintenance of geothermal heating systems that are safe, efficient, and utilize modern technology.

(Ord. O-7-24, passed 4-8-2024)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. O-7-24, passed 4-8-2024)

   (A)   No person shall install a geothermal system in any zoning district in the village without compliance with the provisions of this chapter and applicable related requirements of the entire Code of Ordinances.

   (B)   Geothermal installations constructed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter

   (C)   Geothermal installations are not allowed in any front yard.

   (D)   Geothermal installations are allowed in a side or rear yard with the following provisions:

      (1)   Well locations must be setback three feet from all side or rear property lines;

      (2)   A minimum of ten feet from any public utilities (electrical, gas, water, sewer); and

      (3)   Not in a designated floodplain.

(Ord. O-7-24, passed 4-8-2024)

   An application for geothermal heating and cooling systems shall be approved in compliance with the standards and criteria of this chapter and shall include:

   (A)   Locations and depths of all well drillings referenced from established property lines and surface elevation. If there is doubt to the compliance of well locations, a survey may be required.

   (B)   Complete specifications of all equipment and materials to be used for the geothermal system.

   (C)   Manual-J loss/gain calculation and geothermal design report specific to the manufacturer of the geothermal equipment.

   (D)   Qualifications or certifications of the HVAC contractor and well digger.

(Ord. O-7-24, passed 4-8-2024)

   (A)   Open loop systems shall be prohibited;

   (B)   Only vertical closed loop systems shall be permitted;

   (C)   Only nontoxic, biodegradable circulating fluids are permitted;

   (D)   The design and installation of geothermal systems and related boreholes for geothermal heat pump systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), the International Ground Source Heat Pump Association (IGSHPA), the American Society for Testing and Materials (ASTM), the Air-Conditioning and Refrigeration Institute (ARI), or other similar certifying organizations, and shall comply with the Residential Code of the Ohio Building Code and all other applicable village zoning requirements.

(Ord. O-7-24, passed 4-8-2024)

   All applications for a geothermal heating system permit shall be accompanied by an application fee, which shall be non-refundable, and such fee will be according to a fee schedule established by village resolution. Engineering and other professional fees incurred in the review of the permit application shall be paid by the applicant.

(Ord. O-7-24, passed 4-8-2024)

   (A)   Any leakage of the geothermal fluid requires the system to be shut down immediately until successful repairs are completed and inspected. The owner of the system is responsible for all costs related to repair and clean-up of the leakage. A geothermal heating system continuing defective operation shall be prosecuted as a violation of this subchapter.

   (B)   Access and notification. In connection with the principal functions and activities of the village's resource management responsibilities, officials may, upon notice to the applicant, enter upon any property within the village for purposes of inspecting geothermal systems or monitoring the operational characteristics of such facilities. When such inspection or monitoring is necessary to the assessment of other indices related to geothermal or groundwater reservoir management, or protection of the public safety and welfare, the village shall provide affected occupants with prior notice, describing the nature, purpose, and duration of the necessary inspection or monitoring. Such inspections or monitoring shall be conducted in accordance with applicable village and state procedures for inspections.

   (C)   No geothermal heating system constructed or altered after the effective date of this subchapter shall be operated or altered in such a manner as to cause geothermal fluids or thermal groundwater to be discharged onto the surface of the ground or into any public drainage facility.

   (D)   The applicant shall notify the municipality within 30 days of the abandonment of any geothermal heating system.

   (E)   If the geothermal system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained in accordance with the following. The heat pump and any external mechanical equipment shall be removed. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe/coil shall be properly capped.

(Ord. O-7-24, passed 4-8-2024)

   (A)   Whoever violates any provisions of this chapter, or fails to conform to any provision thereof, or fails to obey any lawful order of the Building Commissioner, issued in pursuance thereof, shall be guilty of a misdemeanor and shall be fined an amount not to exceed $500. A separate offense shall be deemed committed on each day that a violation occurs or continues.

   (B)   In addition to the penalties specified above, the following penalty shall apply to all designated historic districts and structures. Whoever proceeds with or completes demolition, alteration, reconstruction, enlarging, or remodeling within the Historic District(s) or of a landmark or proceeds with or completes demolition, alteration, construction, installation, or reconstruction of a sign or awning of a landmark structure or any structure located within the Historic District, without first obtaining a certificate of appropriateness in violation of this section, or fails to comply with the terms of a certificate of appropriateness after issuance thereof, shall be given 30 days, after a hearing duly conducted pursuant to § 151.021(E) within which to remedy such violation by obtaining a certificate of appropriateness or to comply with the terms of an issued certificate of appropriateness. Thereafter, the Architectural Review Board shall conduct an inspection of the structure involved and render a decision in the manner provided in § 151.025. If the Board determines that the violation or failure to comply has not been corrected, each day’s continuance of such violation or failure to comply, after notice has been sent by mail, shall constitute a separate offense subject to the fine above provided (see also Building Code Penalty § 1260: PM-106).

(2000 Code, § 151.024) (Ord. O-4-96, passed 3-25-1996)