Bill > S2313

This bill amends existing law to define "automatic standby generator" as a permanently connected, fuel-powered generator for a one or two-family home that operates during power outages to provide backup power, and it exempts these generators from needing approval from local zoning or planning boards, which are bodies that review land use and development plans. Specifically, the bill states that these generators are considered essential accessory uses or structures, permitted in all residential zones, and do not require variances (exceptions to zoning rules). While generally subject to setback requirements for accessory structures, if a generator cannot meet these due to construction code or manufacturer specifications, a minimum five-foot side and rear yard setback is allowed with approval from the municipal zoning officer, which cannot be unreasonably withheld. Generators in front yards require specific local approval and must minimize visual impact through landscaping and materials. The bill also clarifies that generator noise must comply with noise control laws, except during declared emergencies.