West Caldwell City Zoning Code
§ 20-21.17
Generators.
[Ord. No. 1797-2017 § 9; amended 5-18-2021 by Ord. No. 1837-2021]
a. EMERGENCY GENERATOR
Definitions. For the purposes of this section, the terms herein are defined as follows:
Shall mean the loss of primary power due to power outage beyond the control of the property owner.
Shall mean reciprocating internal combustion engine and associated equipment, including but not limited to fuel tanks, cover, piping, pad and transfer switch, used to supply backup electric power when local utility is unavailable, not including portable generators.
b.
Permit Required; Location for Outside Equipment.
1.
No generator shall hereafter be permanently installed to serve any existing dwelling erected on a lot located in any residential district of the Township of West Caldwell, unless such generator meets the requirements of this section and a zoning permit and construction permits are obtained from the Township.
2.
For a single- or two-family residence, one generator shall be permitted, which shall be located in accordance with Subsection 20-21.11. In the event the generator is proposed to service a two-family dwelling, the requirements of the section shall be applicable to each dwelling unit, if more than one generator is being proposed.
3.
Generators permanently installed may be required to be screened with shrubbery or fencing, as approved by the Building and Zoning Departments. Any screening or fencing proposed shall be shown and depicted in an accurate plan subject to the review and approval of the Building and Zoning Departments. The generator and any related improvements shall be placed in accordance with the generator manufacturer's recommendations, the requirements of the National Fire Protection Association, and the zoning requirements of the Township of West Caldwell. All screening or fencing shall be maintained as originally approved. If the screening or fencing is not so maintained, any permit granted is subject to immediate revocation by the Building and Zoning Departments.
4.
When an installation of a generator is being proposed for other than a single-family or two-family dwelling for a residence located in the other residential zones for the Township of West Caldwell, the generator may be installed within five feet from any side or rear wall of the dwelling unit and/or in a common area or limited common area of the condominium premises provided that such installation is also permissible under the terms of the master deed and/or rules and regulations for the condominium or association which must be provided by the applicant.
c.
Generators and Equipment. Except for generators serving a public purpose and owned and operated by the Township, generators permanently placed on the ground or a pad shall be allowed only as follows:
1.
Only one permanent generator shall be permitted.
2.
The generator shall be installed in accordance with the most current editions of the National Fire Protection Association, the National Electric Code, the International Fire Code New Jersey Edition, the National Standard Plumbing Code New Jersey Edition, and the International Residential Code New Jersey Edition.
3.
The footprint of the generator, including the pad, will not be counted as building or impervious coverage.
4.
The generator shall be used only during periods of emergency or for periodic testing and necessary maintenance operations.
5.
The generator shall at all times comply with any ordinance or regulation of the Township of West Caldwell imposing noise restrictions except when used for emergency purposes, testing, or repairs, and said system must at all times be outfitted with a working muffler.
6.
The exhaust of the generator shall, as much as practically feasible, be vented upwards or directed away from neighboring properties.
7.
The generator shall be operated for routine testing and maintenance purposes not more than one time in any seven-day period, and no test shall exceed 30 minutes. Testing of emergency generators is permitted Monday through Saturday only (excluding holidays), between the hours of 10:00 a.m. and 12:00 p.m. or 2:00 p.m. and 3:00 p.m.
8.
Testing may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m. Monday through Saturday, excluding holidays.
d.
Application for Permit. Applications for the installation of a generator in accordance herewith, shall be accompanied by a survey, showing the property lines of the lot, the location of the building or structure, the front, side, and rear yard dimensions and the proposed location, drawn to scale, of the generator and for any related screening proposed.
For any generator proposed for other than a single-family or two-family residence in any other residential district of the Township, the application shall be accompanied by the site plan for the condominium or development as currently exists in the master deed for the condominium or association as provided by the applicant and accompanied with an overlay with an accurate drawing or sketch to scale showing the dimensions and the proposed location of the generator and any properly proposed screening subject to the reasonable review, requirements, and approval of the Building and Zoning Departments.
e.
Application Fee. Every application for the installation of a generator to serve a dwelling, building, or other structure shall be accompanied by a fee in accordance with the Fee Schedule of the Township Code.
f.
Inspections Required. No generator shall be placed in operation, or routinely tested, unless and until inspected and approved by the Building and Zoning Departments.
g.
Violations and Penalties. An owner, tenant or operator who violates this subsection by failure to comply with an order entered by the Code Enforcement Official shall appear before the Municipal Judge for a hearing and/or imposition of fines, sanctions, sentence, or any combination thereof. A violation of this subsection shall be punishable by a fine not exceeding $1,250. Each violation of a different section of this subsection shall constitute a separate and distinct violation independent of any other section. Each day's failure to comply with any provision of this chapter shall constitute a separate violation.