At Last: Scarsdale Board of Trustees Passes New Code for Standby Generators

Though residents continued to make noise about decreased noise requirements for permanent standby generators, the Scarsdale Village Trustees passed resolutions clearing the way for the installation of louder standby generators at their meeting on January 22, 2013.

The trials of Hurricane Sandy increased public pressure for revisions of the former Village Code that had a highly restrictive clause preventing residents on smaller lots from legally installing standby generators. After residents were without power during the storm, some for as long as twelve days, residents called for the passage of new provisions that were already in the works. Since 2011, the Planning Board held four hearings on the new law, and the Village Board another five, seeking to strike a compromise between those who object to noise and their neighbors who wanted an alternative source of energy during storm emergencies.

They passed two resolutions, the first prescribing the setbacks from the rear and side yards for permanent standby generators, detailing when they could be used and the times of day they could be run for weekly maintenance.

Here are the new setback requirements by zone:

Rear Lot Line:
AA-1 District: 15 feet
A-1 District: 10 feet
A-2, A-2a or A3 Districts: five feet
A-4, A-5 Districts; 3 feet

Side Lot Line:
AA-1 District: 20 feet
A-1, A-2 or A-2a Districts: 10 feet
A3 District: five feet
A-4, A-5 Districts; 3 feet

(To determine your district, see the instructions below*)

The generators can only be used during an electrical power outage and maintenance can take place from Monday – Friday between 8:00 am and 9:00 pm and on Saturdays, Sundays and holidays between 10 am and 5 pm. All permanent standby generators must have an electrically operated auto-transfer switch.

The local law governing noise was also amended to allow the standby generators to emit 70 decibels of noise as measured 23 feet from the unit except for generators on smaller lots in the A3, A4 and A5 districts which can measure 66 decibels when measured at 23 feet. This last provision was modified from 65 decibels to 66 when Trustee Brodsky learned that a popular and affordable generator made by Generac ran at 66 decibels.

The new code did not pass without discussion. Lisa Runyon from Brown Road said she lives on a small lot and the noise from a generator three doors away kept her awake during the storm. She asked the Board to require those on small lots to purchase quieter brands and to turn off the generators between 11 pm and 7 am to allow their neighbors to sleep. However, Karen Brew from Ferncliff Road took the opposite stance, urging the Trustees not to discriminate against those on smaller lots. She said during power outages, "we need to have our minimal needs met" and said, "I feel that in these situations, noise is the least of the concerns."

Trustee Harrison made an eleventh hour attempt to propose an amendment to the law to require screening on three sides of the generator, a proposal that had been discussed and rejected at the Law Committee meeting. The amendment failed to be seconded. He also spoke out of turn and rambled on about generators, refusing to comply with the Mayor and follow procedures. Trustee Steves supported the measures but said, "I will vote yes because it is the best law we could put forward and balance concerns of all the neighbors. We will not provide a quiet community in the event of the storm. There will be noise; however it appears that the community wants these (generators) without restrictions. This is a time when the community should be considerate of their neighbors. People have rights to do things but they have neighbors as well."

According to Tom Monahan of Yost & Campbell, "The change in the law in Scarsdale brings the town in line with other municipalities and will allow many residents to take charge of their own power needs , a comforting thought in light of the ever increasing threat of storms and power outages we all face." Monahan, who is president of Yost & Campbell has been installing HVAC systems for 74 years and is now an authorized Power Pro Generac dealer based in Mt. Vernon.

 

*Here's how to determine the district of your house and setback requirements:
1. Go to 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.