Bill > S1156

Introduced Session

The bill, named the "Desegregate New Jersey Act," promotes equitable residential development throughout the State. This bill provides that on a developable site in an area in which a municipal zoning ordinance permits single-family residential development, the municipality would permit an accessory dwelling unit to be added to the site and no such accessory dwelling unit is to be required to be part of a municipality's affordable housing requirement set by the Council on Affordable Housing in the Department of Community Affairs. The bill provides that a municipal zoning ordinance may require a principal dwelling unit with an accessory dwelling unit to be subject to the same dimensional controls and other controls as are required for the same principal dwelling unit without the accessory dwelling unit, as long as such restrictions do not prohibit the construction of these developments. Under the bill, a municipal zoning ordinance would be prohibited from requiring: (1) a passageway between an accessory dwelling unit and a principal dwelling unit; (2) an exterior door for an accessory dwelling unit, except as required pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.); (3) any more than one parking space for an accessory dwelling unit or fees in lieu of parking; (4) a familial, marital, or employment relationship between occupants of a principal dwelling unit and an accessory dwelling unit; (5) a minimum age requirement for occupants of an accessory dwelling unit; (6) a separate billing of utilities otherwise connected to, or used by, the principal dwelling unit; or (7) periodic renewals for permits for accessory dwelling units. Under the bill, nothing would exempt an accessory dwelling unit from: (1) applicable municipal building code requirements; (2) the ability of a municipality to require owner occupancy or to prohibit or limit the use of an accessory dwelling unit for short-term rentals or vacation stays; or (3) other sewerage system related requirements where a private sewerage system is being used, provided that approval for an accessory dwelling unit shall not be unreasonably withheld. The bill provides that the municipal agency reviewing a permit application for an accessory dwelling unit shall make a decision regarding the application no later than 65 days after receipt of such application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw the application. Under the bill, a municipal agency would not condition the approval of an accessory dwelling unit on the correction of a nonconforming use, structure or lot, or require the installation of fire sprinklers in an accessory dwelling unit if such sprinklers are not required for the principal dwelling unit located on the same developable site. The bill provides that a municipality, sewer utility, or water utility, would not consider an accessory dwelling unit to be a new residential use for the purpose of calculating connection fees or capacity charges for utilities, including water and sewer service, unless an accessory dwelling unit was constructed with a new single-family dwelling unit on the same developable site, or requires the installation of a new or separate utility connection directly to an accessory dwelling unit. A municipality, sewer utility, or water utility, would not impose a related connection fee for connection of an accessory dwelling unit. Under the bill, a municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62) would grant permitted use, would allow without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and would not require minimum parking requirements if there are mixed use developments with at least four dwelling units, mixed use developments with at least four live work units, and multifamily housing with at least four dwellings units that are: (1) at a minimum density of fifteen units per acre; and (2) in at least 50 percent of the lot area served by water and sewer infrastructure and within a one-half-mile radius of a municipality's primary transit station. Under the bill, "Live work unit" means a building, or space within a building, that may be used jointly for commercial and residential purposes by a person or persons living within such building or space and where the commercial purposes are not authorized as customary and incidental accessory home occupation use. The bill provides that a municipality may dedicate up to 50 percent of this area between a one-half-mile radius and a one-mile radius of a municipality's primary transit station only if the dedicated land area for these developments is located only a public right of way that directly connects to a municipality's primary transit station with adequate sidewalks, crosswalks, and other similar pedestrian facilities. Under the bill, a municipal zoning ordinance would grant permitted use, would not require a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and would not require minimum parking requirements if there are multifamily housing or at least two types of multiple dwellings: (1) in any municipality with: (a) a population of at least 500 persons per square mile according to the latest federal decennial census; or (b) a minimum population of 7,500 in the preceding calendar. (2) in at least 50 percent of the lot area within a one-quarter-mile distance from at least one main street corridor. The bill defines "Main street corridor" to mean a portion of any public road, not less than one-quarter of a mile and not more than three-quarters of a mile in length that satisfies at least two of the following: (1) encompasses an intersection of two state routes; (2) encompasses a state route and a federal route; (3) has at least 50 percent of the frontage along such portion being used for office, retail, service, mixed use development or general commercial purposes; and (4) is served by public transportation. If a municipality does not have a clearly identifiable main street corridor, a municipality would permit the use of multifamily housing or at least two types of multiple dwellings through the municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), in contiguous land encompassing an area of one-quarter square miles. Under the bill, any development or housing that includes 10 or more dwelling units, at least one out of every 10 newly developed dwelling units would be used to meet the affordable housing obligations of a municipality in which these dwelling units are developed. If a municipality has satisfied the total number of affordable housing units required in that municipality by the Council on Affordable Housing in the Department of Community Affairs, then there would be no additional affordable housing requirement for that municipality as required under the bill. The bill provides that for any development or housing constructed under the bill, the municipal agency reviewing such an application would make a decision on the application for the development or housing no later than 65 days after receipt of the application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw such application.

Committee Categories

Raj Mukherji (D)*, 

Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee (on 01/09/2024)

Official Document