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Newton City Zoning Code

§ 320-34

Emergency standby generators.

[Added 4-27-2015 by Ord. No. 2015-11]
A. 
Title. This section shall be referred to as the "Emergency Standby Generator Ordinance."
B. 
Purpose. The purpose of this section is to establish guidelines for siting permanent emergency standby generators, to ensure their safe operation and prevent a nuisance to neighboring properties.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EMERGENCY
Loss of power due to a power outage outside of the owner's control.
EMERGENCY STANDBY GENERATOR
A fuel-powered generator which is permanently connected to the electrical system of a structure and primarily operates in the event of a power outage in order to provide backup power. In the event of a power outage emergency standby generators automatically turn on, or are switched on by the owner and supply power. Once utility power is restored, the generator automatically transfers the electrical load back to the utilities, or is manually switched off and power is turned back to the utilities. Emergency standby generators are also operated occasionally for maintenance purposes.
PORTABLE GENERATOR
Is not permanently connected to a building's electrical system, uses a self-contained fuel source and is portable for storage. Portable generators shall be outside when they are being utilized in the event of a power outage emergency or occasionally for maintenance purposes, and are not required to obtain approval pursuant to this section.
D. 
Siting and placement requirements for all generators (commercial and residential).
[Amended 3-25-2019 by Ord. No. 2019-1]
(1) 
Emergency generators may be located in a secondary front yard, side yard or rear yard and may not be more than 20 feet from the structure they are serving.
(2) 
Minimum setbacks: 10 feet to secondary front yard, five feet to side or rear yard.
E. 
Permits.
[Amended 3-25-2019 by Ord. No. 2019-1]
(1) 
Commercial or residential applicants for an emergency standby generator must submit an application for a zoning permit from the Zoning Officer. The application must include a site drawing showing the proposed location of the standby generator and associated setbacks to all adjacent property lines. Noise in decibels based on distance from the unit must also be provided.
(2) 
Commercial or residential applicants for an emergency standby generator with a maximum energy output of more than 25 kW shall submit an application for a minor site plan with the Planning Board, unless the generator is proposed in conjunction with a major site plan application.
(3) 
Zoning permits for generators are revocable if the owner does not continue to meet emergency standby generator use requirements.
F. 
Time of use regulations.
(1) 
Unlimited use during an emergency.
(2) 
Exercise of the generator is permitted as required for maintenance, but not more than once a week, on weekdays, between the hours of 10:00 a.m. and 5:00 p.m. and not to exceed 30 minutes at a time.
G. 
Screening.
(1) 
Screening of the unit is required, if visible from any right-of-way or adjacent properties.
(2) 
Natural screening shall be used wherever possible.
(a) 
If, due to the characteristics of the given lot, natural screening is not possible, fences conforming to § 320-24A are permitted.
H. 
Noise attenuation.
(1) 
Generator operating sound output may not exceed the New Jersey Noise Control Act (N.J.S.A. 13:1G-1) as measured from the closest property line.
(2) 
Sound attenuation enclosures, screening and landscaping may be used to minimize noise on adjacent properties and bring noise output into compliance with the standards of the New Jersey Noise Control Act (N.J.S.A. 13:1G-1).
I. 
Fuel storage.
(1) 
If a generator is utilizing diesel fuel, the fuel storage tank shall be double-walled.
J. 
Regulatory compliance.
(1) 
Emergency standby generators shall be installed and operated in accordance with manufacturer's requirements as well as all federal, state and local codes, whichever is most stringent.
K. 
Application fee. Every application for the installation of a permanent standby generator shall be accompanied by a fee of $100, which fee shall be separate from and in addition to any other zoning and building permit fees.
L. 
Violations and penalties. Any person, firm, corporation or entity which shall violate any provision of this section shall, upon conviction, be subject to a fine not exceeding $500, and each day that such violation continues shall be deemed a separate offense.