Trustees Law Committee Recommends Easing Noise Requirements for Emergency Generators

The Law Committee of the Board of Trustees met on Monday night to discuss amendments to Village Code Chapters 310 – "Zoning" and 205 "Noise" regarding permanent emergency standby generators. Discussion focused on concerns about sound resulting from weekly generator maintenance. The proposed law states that in Residence A districts, generators "shall not exceed 70 decibels on the A scale as measured 23 feet from the unit." The law imposes a different requirement for generators placed in side yards, as permanent standby generators "placed in the side yard in the A3, A4 and A5 zoning districts shall not exceed 65 decibels on the A scale as measured 23 feet from the unit ...". In the current code, the maximum decibel level is 55.

Although most of the Committee agreed with the proposed version of the law, several Committee members and an audience member did express unease about the higher decibel numbers, particularly in regard to side yard setbacks, because of their potential impact on neighbors. Bob Harrison voiced his concern that the noise will actually be greater than 70 decibels for those whose neighbors place their generators 3 or 4 feet from the property line. David Lee also expressed his wish to be "sensitive to people adjoining the smaller lots," where generators will be closer to the property line. Village resident Jeff Osterman stated that it would not be prohibitively expensive for homeowners to purchase generators with sound reducing capabilities and argued that the proposed law does not provide incentives for homeowners to purchase generators that exercise at decibels lower than 70. However, the majority of the Committee was in favor of the increased decibel requirements, with Chair Stacey Brodsky advocating for the Committee to "substantially liberalize" the rules as the majority of residents have requested. Kay Eisenman supported this, stating that the noise is "one of the inconveniences we seem to be willing to face at this point in time." Although Ms. Brodsky suggested increasing the side yard decibel amount to 70, the Committee ultimately agreed to keep the 65 decibel side yard distinction and to refer the changes to the Village Board, which will consider them on January 22nd.

The Committee did discuss noise abatement fencing but ultimately decided not to require it, as it would be an added expense and a fencing requirement coupled with various setback requirements would make adhering to ventilation and fire safety rules difficult. According to the proposed law, if property owners suspect that the generator exceeds the law's sound specifications, they can request that the Village test their neighbor's generator.
See below for a chart of setback requirements by zone, as well as instructions to find out in which zone your house is sited.

Here's how to determine the zone of your house.
1. Navigate your Internet browser to www.scarsdale.com, the Scarsdale Village website;
2. About half way down the home page is the section titled "Interactive";
3. In the Interactive box, click the link to "Online Property Inquiry";
4. The next screen contains a pull down box containing street names in the Village database. Find the street name about being inquired about and click on that street name;
5. The next screen contains a pull down box containing numbered street addresses for that street and the user should click on the specific address being inquired about;
6. The next screen will contain the information contained in the Village database about this property, including what zone it is in, assessment information, tax information and permit information back to when the house was originally built.

(This chart and instructions were compiled and supplied to Scarsdale10583 by Bill Kay)

Contributor Lindsay Dembner lives in Scarsdale. She is an English major turned lawyer currently pursuing employment in higher education and education nonprofits