[HISTORY: Adopted by the Mayor and Council of the Borough
of Essex Fells 9-17-2013 by Ord. No. 2013-936. Amendments noted
where applicable.]
GENERAL REFERENCES
Noise — See Ch. 185.
For the purposes of this chapter, the terms herein are defined
as follows:
The loss of primary power due to power outage beyond the
control of the property owner.
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.
No generator shall hereafter be permanently installed to serve
any existing dwelling erected on a lot located in the Borough of Essex
Fells, unless such generator meets the requirements of this chapter
and a permit to do so is first obtained from the Building Department.
Generators shall be located in the rear yard or the side yard of the
lot. All generators permanently installed shall be screened with fencing,
shrubbery or other landscaping at least four feet in height as approved
by the Building Inspector. All screening or fencing 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 Borough of Essex Fells. 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 Inspector.
Except for generators serving a public purpose and owned and
operated by the Borough, generators permanently placed on the ground
or a pad shall be allowed only as follows:
A.
Only one permanent generator with an output of not more than 22 kW
is allowed.
[Amended 5-17-2022 by Ord. No. 2022-1059]
B.
The generator shall be set back a minimum of 10 feet from the side
or rear property line and no greater than 15 feet from the principal
structure.
[Amended 9-18-2018 by Ord. No. 2018-1003]
C.
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
International Plumbing Code New Jersey Edition and the International
Residential Code New Jersey Edition.
D.
The footprint of the generator, including the pad, will not be counted
as impervious coverage.
E.
The footprint, including the pad and cover, shall not exceed 12 square
feet and a height of four feet.
F.
The generator shall be used only during periods of emergency or for
periodic testing and necessary maintenance operations.
G.
The generator shall be exempt from the provisions of Chapter 185, Noise, of the Borough Code only when used for emergency purposes, testing or repairs and when outfitted with a working muffler.
H.
The exhaust of the generator shall, as much as practically feasible,
be vented upwards or directed away from neighboring properties.
I.
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 Thursday only (excluding holidays), between the hours
of 11:00 a.m. and 12:00 p.m. or 2:00 p.m. and 3:00 p.m.
J.
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.
The application for the installation of a generator in accordance
herewith, on forms supplied by the Building Department, shall be accompanied
by a survey prepared by a licensed land surveyor of the State of New
Jersey, 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. In the event
a gas generator is being proposed, the applicant shall obtain a letter
from the supplier confirming that there is adequate gas pressure supplied
to the property to handle the generator.
Every application for the installation of a generator to serve
a dwelling, building, or other structure shall be accompanied by a
fee in the amount of $100.
No generator shall be placed in operation, or routinely tested,
unless and until inspected and approved by the Essex Fells Building
Department.
Any person, firm, corporation or other entity who shall violate
any of the provisions of this chapter shall, upon conviction, be subject
to a fine not exceeding $500, and each day that such violation shall
continue shall be deemed a separate offense.
[Added 12-2-2014 by Ord. No. 2014-957]
The Board of Adjustment shall have jurisdiction to grant variances
from any land use regulation set forth in this chapter in accordance
with the provisions of the Municipal Land Use Law[1] and the Code of the Borough of Essex Fells.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
