New Jersey Assembly Bill A2082

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 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.