Bill > A3401

Introduced Session

This bill would permit the installation of automatic standby generators in certain residences without making an application to the local planning or zoning board for a variance. This bill would streamline the process by which an owner or occupant of a single or two-family residential property may install an automatic standby generator. The installation of such generators is beneficial to both residents and communities. For the purposes of this bill, an automatic standby generator is defined as a natural gas or liquid gas propane fuel powered generator which is permanently connected to the electrical system of a one or two-family residential structure and only operates in the event of a power outage in order to provide backup power to the residential structure. The bill would classify such generator as an accessory use or structure to any residential structure or use authorized by the development regulations of a municipality, and as a permitted use in all residential zoning or use districts of a municipality. Such generator would hence not require a variance. The bill would also require that local setback requirements be followed, if possible, while still installing the generator in compliance with the State Uniform Construction Code or manufacturer clearance specifications, whichever requires a greater distance from the residential structure. If the generator cannot be sited to meet the local setback requirements, the bill requires the approval of the municipal zoning officer subject to five foot side and rear yard setback requirements. The municipal zoning officer may not unreasonably withhold such approval. The bill also prohibits siting an automatic standby generator in a front yard without the approval of the appropriate local authority, and requires that a front yard generator be sited in a manner that minimizes the visual impact on adjacent properties through the use of appropriate landscaping and architectural materials. Lastly, the bill requires that the use of an automatic standby generator comply with any law or local ordinance regulating noise levels except during a state of emergency declared by the President of the United States or the Governor.

AI Summary

Committee Categories

Jay Webber (R)*, 

Introduced, Referred to Assembly Housing Committee (on 02/01/2024)

Official Document