New Jersey-2012-S2563-Introduced

An Act concerning residential automatic standby generators and amending and supplementing P.L.1975, c.291.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1975, c.291 (C.40:55D-3) is amended to read as follows:

3. For the purposes of this act, unless the context clearly indicates a different meaning:

The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.

"Administrative officer" means the clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.

"Agricultural land" means "farmland" as defined pursuant to section 3 of P.L.1999, c.152 (C.13:8C-3).

"Applicant" means a developer submitting an application for development.

"Application for development" means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to section 25 or section 27 of P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36).

"Approving authority" means the planning board of the municipality, unless a different agency is designated by ordinance when acting pursuant to the authority of P.L.1975, c.291 (C.40:55D-1 et seq.).

"Automatic standby generator," as used in P.L. , c. (C. ) (pending before the Legislature as this bill), means 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.

"Board of adjustment" means the board established pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69).

"Building" means a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

"Cable television company" means a cable television company as defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).

"Capital improvement" means a governmental acquisition of real property or major construction project.

"Circulation" means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

"Common open space" means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

"Conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.

"Conventional" means development other than planned development.

"County agriculture development board" or "CADB" means a county agriculture development board established by a county pursuant to the provisions of section 7 of P.L.1983, c.32 (C.4:1C-14).

"County master plan" means a composite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S.40:27-2 and R.S.40:27-4.

"County planning board" means the county planning board, as defined in section 1 of P.L.1968, c.285 (C.40:27-6.1), of the county in which the land or development is located.

(cf: P.L.2004; c.2, s.32)

2. (New section) Notwithstanding any provision of law or local zoning ordinance to the contrary, the siting of a residential automatic standby generator in compliance with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) or manufacturer clearance specifications, whichever requires a greater distance from the residential structure, shall be deemed to be essential to the continuation of an existing residential structure or use of a residential property, or to the development of a residential property, as authorized in the zoning ordinance of a municipality. A residential automatic standby generator subject to this section shall, therefore, be deemed to be an accessory use or structure to any residential structure or use authorized by the development regulations of a municipality; shall be a permitted use in all residential zoning or use districts of a municipality; and shall not require any variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).

3. (New section) The siting of a residential automatic standby generator shall meet the setback requirements for accessory structures and uses, based on the zoning district in which the property is located. In the event the installation of a residential automatic standby generator cannot meet the setback requirements applicable to such property based upon the zoning district in which it is located and the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) or manufacturer clearance specifications, whichever requires a greater distance from the residential structure, then a minimum five foot side and five foot rear yard setback shall be applied, upon the approval of the zoning officer, which shall not be unreasonably withheld. The proposed siting of an automatic standby generator that satisfies a minimum five foot side and five foot rear yard setback shall only require approval of the municipal zoning officer and shall not require any variance pursuant to subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70).

4. (New section) An automatic standby generator installed pursuant to the requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be sited in the front yard of any property without the express approval of the proper local authority. Any automatic standby generator installed pursuant to this section shall be installed in a manner that minimizes the visual impact on adjacent properties through the use of appropriate landscaping and architectural materials, which otherwise comply with local zoning ordinances.

5. This act shall take effect immediately.

STATEMENT

This bill revises the "Municipal Land Use Law" to permit the installation of automatic standby generators in certain residential areas 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 occupier 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. Section 2 of this bill would classify such a generator as an accessory use or structure to any residential structure or use authorized by the development regulations of a municipality; and a permitted use in all residential zoning or use districts of a municipality. That section also provides that such a generator shall not require a "use" variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).

Section 3 of this bill requires that the local setback requirements must be followed, if possible while still installing the generator in compliance with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) 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 to install the generator to meet five foot side and rear yard setback requirements. Such approval cannot be unreasonably withheld. The final section of the bill states that an automatic standby generator cannot be installed in a front yard, without the approval of the zoning officer, and if the approval is granted then it must be sited in a manner so as to minimize the visual impact on adjacent properties through the use of appropriate landscaping and architectural materials.