Home Generator Law: Sign a Petition for Change

Scarsdale Village code relating to the installation of home generators has become a hot topic. During Hurricane Sandy, those who had installed a generator or hooked up a temporary one were able to remain in their homes in relative comfort -- while those without had the choice of freezing or leaving. The lengthy wait for restoration of power left many at the mercy of an unreliable utility company. Now there’s renewed interest in installing a generator but the current Village Code regarding generators is highly restrictive. The noise and setback requirements have made it difficult to get a permit to install one.

The Scarsdale Village Planning Board is in the process of reviewing proposed changes to the law and will discuss them at their next meeting on November 28 at 8 pm at Scarsdale Village Hall. Here is a letter from Jane Veron, Chair of the Planning Board with an update on the law. Below her note, find a letter about the current law from Scarsdale resident Michael Hokin and a link to sign a petition to urge the Mayor and Trustees to amend the law.

(from Jane Veron) I am writing to update the community on the Planning Board's recent and continuing review of the current permanent emergency generator law. Residents may not have followed the Board's previous discussions but now, in Sandy's wake, understandably seek answers. The Board is keenly aware of the widespread need for residential emergency back up support given the increased frequency and severity of storms resulting in extended power outages. Over the past three months, the Board has examined proposed amendments to the law adopted in October 2006, seeking to ease restrictions.

In September 2012, at the request of the Village Board, the Planning Board began to evaluate proposed amendments, addressing the placement and noise restrictions that apply to permanent emergency generators. Specifically, the proposal would permit generators to be located at the sideyard setback in addition to the rear setback and would raise the noise limit for permanent emergency generators from 55 to 65 decibels. The Board also identified other aspects of the law for reevaluation, including the 20-foot setback and the five-year recertification provision.

To inform its judgment, the Board has gathered information from a variety of sources. The Board studied generator laws in nearby municipalities, obtained decibel level specifications of market-ready generators, reviewed variance applications seeking setback relief, and listened to testimony from residents and land use professionals. The Board understands residents' frustrations arising from the difficulty and expense of complying with the code's current standards and also recognizes the inherent dangers and challenges associated with non-regulated portable generators.

At its next regularly scheduled Planning Board meeting, which will be held on November 28 at 8 pm at Village Hall, the Board will again discuss potential revisions to the generator law. At the conclusion of its deliberations and study, the Planning Board will submit a recommendation to the Village Board regarding proposed changes to the legislation. The Village Board will then consider the Planning Board's recommendation and determine whether to enact new legislation. As always, the Planning Board welcomes input from the public. Please feel free to send your written comments in advance of the meeting to planning@scarsdale.com or to join us that night. The Board listens attentively to the community and strives to meet its long term needs for safety and security.

Jane Veron
Planning Board Chair

(From Scarsdale Resident Michael Hokin)

Mayor Flisser and Mr. Gatta:
Over the past eight years, we have lost power at least once a year when a storm occurs. It can be caused by snow, rain, or wind. It doesn’t matter the cause; we reliably lose power and it takes longer each time to have it restored. As a matter of fact, the frequency with which we lose power is laughable versus other neighborhoods in Scarsdale. Post tropical storm Sandy takes the cake with respect to the duration of power lost to our home and many others in the Village. As i write this letter, we are still without power. Certainly, Con Ed can accept some responsibility for the frequency of these blackouts, but the real issue is stop gap measures for homeowners in the event of a blackout. I am writing to protest the existing onerous regulations governing the installation of natural gas generators and suggest that the new norm in violent weather patterns necessitates a significant easing of these

The current strict policy for permanent natural gas installation is fallacious on many levels. One of the basic concerns of the village is the avoidance of noise. Power outages are NOT limited to one home. The outages encompass a neighborhood. Therefore, the concern with noise is ridiculous since everyone in proximity has no power. We have witnessed this first hand this past week as the sounds in the neighborhood are reminiscent of a logging camp. It sounds AS IT SHOULD during a power outage. Currently there is no policy against temporary gasoline generators NOR SHOULD THERE BE. The rules for safer and more permanent installation of natural gas, propane, or diesel generators should be promulgated. I think noise ordinances need to be overlooked during periods of duress or when exceptional circumstances dictate. Professionally installed generators are safer, operate more efficiently, and can raise property values.

Furthermore, breaching a noise ordinance is something that is done regularly when an outdoor party is thrown on a Friday. The safety and well-being for an entire community, I would argue, is entirely different. Also, dark neighborhoods invite criminal behavior. Permanently installed generators drastically reduce this likelihood since they remain on at night. On the contrary, It is advised to turn gasoline powered generators off at night.

Other advantages with natural gas include the following:

- burns safer with hookup to a circuit breaker instead of through an outlet which can cause fires unlike gasoline

- No noxious emissions unlike gasoline

- No problems with the unavailability of gas , gas containers , and oil which we witnessed first hand

Although the Village has good intentions, the rules are outdated and have increased the likelihood of harm and noise to the greater population. Many would have installed natural gas units years ago if it weren’t for these strict rules in place. It’s time for the Village to re-examine these rules. The process for approval should be streamlined as well. It is too time consuming at this time. Like we have seen this past week, people will take matters into their own control when it comes to the safety of their family. This deserves IMMEDIATE attention and resolution and I would appreciate if you could forward this letter to the other Trustees.

Thank you for your consideration.

Michael Hokin

(Petition from Scarsdale Residents)

Greenacres resident Harry Wilson who ran for NYS Comptroller a few years back has started a petition on Change.org to get Mayor Flisser and the Village Trustees to relax the home-generator laws. He is asking Scarsdale residents who advocate change to sign it. Click on this link to add your name to the list.