New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A2082

Introduced
2/7/22  

Caption

Authorizes installation of automatic standby generators in certain residences without zoning or planning board approval.

Impact

The bill classifies automatic standby generators as accessory uses or structures permissible in all residential zoning districts, thus exempting them from the need for variances typically required under municipal development regulations. This change signifies a shift towards greater accessibility for homeowners in enhancing their property's resilience against power outages, potentially leading to increased energy security in the face of natural disasters or emergencies. Additionally, it establishes specific standards that should be followed during installation to ensure compliance with local safety and construction codes.

Summary

Assembly Bill 2082, introduced in New Jersey, authorizes the installation of automatic standby generators in certain residences without requiring approval from zoning or planning boards. These generators are defined as natural gas or propane-powered units that are permanently connected to residential electrical systems and activated during power outages to provide backup power. The legislation aims to streamline the installation process, making it easier for homeowners and residents of single or two-family homes to have backup power options without the bureaucratic hurdles usually associated with obtaining variances from local authorities.

Contention

While the bill aims to provide clear guidelines for the installation of generators, there are aspects that may raise concerns among local governments and residents. Most notably, the bill requires adherence to local setback requirements, but if compliance cannot be met, it allows for an alternative approval process that bypasses typical zoning restrictions. Critics may argue that this could undermine local zoning authority and community control, creating potential conflicts about neighborhood aesthetics and safety regulations. Furthermore, the prohibition of front yard installations without local authority approval introduces a layer of oversight, but the potential ambiguity about what constitutes 'reasonable' approval may lead to disputes between homeowners and municipal officials.

Companion Bills

No companion bills found.

Previously Filed As

NJ A3401

Authorizes installation of automatic standby generators in certain residences without zoning or planning board approval.

NJ S1173

Establishes limits on zoning restrictions for certain electric battery storage equipment installation.

NJ A3134

Establishes limits on zoning restrictions for certain electric battery storage equipment installation.

NJ A2125

Requires compliance with notice and approval process under MLUL for construction of free-standing structures on certain publicly-owned property.

NJ S219

Establishes limits on zoning restrictions for certain electric battery storage equipment installation.

NJ A1469

Establishes limits on zoning restrictions for certain electric battery storage equipment installation.

NJ A5752

Allows municipalities to adopt certain zoning ordinances pertaining to outdoor firing ranges.

NJ S4360

Allows municipalities to adopt certain zoning ordinances pertaining to outdoor firing ranges.

NJ S1532

Provides that solar and photovoltaic energy facilities and structures on farmland are not inherently beneficial use, per se, for purposes of zoning approvals.

NJ S2848

Provides that solar and photovoltaic energy facilities and structures on farmland are not inherently beneficial use, per se, for purposes of zoning approvals.

Similar Bills

NJ A3401

Authorizes installation of automatic standby generators in certain residences without zoning or planning board approval.

CA SB277

Land use: zoning regulations.

CA AB1505

Land use: zoning regulations.

AZ SB1634

Municipal real property; sale; valuation

HI SB3240

Relating To Agricultural Buildings And Structures.

AZ HB2674

Housing supply study committee

HI HB672

Relating To Housing Capacity.

HI SB938

Relating To Housing Capacity.