Bill > S1106

Introduced Session

This bill would authorize owners of property zoned for single-family or two-family residential use to develop an accessory dwelling unit (ADU) on their property consistent with Statewide standards for the development of ADUs. The bill would permit each municipality to adopt or amend its land use regulations to be consistent with the bill's Statewide standards. Under the bill, a municipality may authorize a person to develop one or more ADUs on a lot owned by the person and located within a zone in which a single- or two-family dwelling is permitted under the municipal land use regulations. While allowing a municipality to impose some exceptions in adopting its land use regulations regarding the development of ADUs, the bill would require municipal land use regulations to provide that an ADU is a permitted use as of right on a lot if a primary dwelling exists or is being proposed on the lot, and the lot is located within a zone in which a single-family dwelling or a two-family dwelling is permitted under the municipal land use regulations. The bill defines ADU as a residential dwelling unit that provides complete independent living facilities for one or more persons, and is either: located within a proposed or existing primary dwelling; located within a proposed or existing accessory structure; constructed in whole or part as an extension to a proposed or existing primary dwelling; or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling. The bill would require a municipality's land use regulations to provide that:· an ADU may be either located within or attached to the proposed or existing primary dwelling or to a proposed or existing garage or other accessory structure, or detached from the proposed or existing primary dwelling but located on the same lot as the proposed or existing primary dwelling. A municipality would be prohibited from requiring installation of a passageway between a primary dwelling and a detached accessory structure; · an ADU may be rented separately from the primary dwelling, but is prohibited from being sold or otherwise conveyed separately from the primary dwelling; and· a municipality is prohibited from requiring an applicant to seek approval to develop an ADU, either simultaneously with or separately from the development of a primary dwelling. The bill would require municipal land use regulations concerning ADUs to comply with the following standards:· a minimum floor area requirement of no greater than 300 square feet; · a maximum floor area requirement of no smaller than 1,200 square feet;· a maximum height requirement of no less than 20 feet;· no requirement to install fire sprinklers in an ADU if there is no requirement to install fire sprinklers in the primary dwelling;· no setback requirements for an ADU that is located within an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure being converted to an ADU;· no more than a five-foot sideyard and rearyard setback requirement for any other ADU; · an ADU must provide direct exterior access separate from the direct exterior access from the primary dwelling; · no parking requirement for an ADU in excess of one parking space per ADU, which may be provided as tandem parking; and· no requirement to replace an offstreet parking space being removed in conjunction with the construction of, or conversion to, an ADU. If a municipality's land use regulations do not comply with the above requirements, the regulations would be void and unenforceable. The bill sets forth the following specific circumstances under which a municipal agency may deny an application to develop an ADU:· the proposed site is located within an area in which there exists insufficient public sewer or water service, and within which there exists severe constraints on the use of wells and septic tanks, which render the addition of a dwelling unit hazardous to the public health; or · the proposed site is located on a lot so small that an 800 square foot structure cannot be reasonably accommodated without violating the bill's minimum sideyard or rearyard setback requirements. The bill would allow a municipality's land use regulations to:· establish reasonable landscaping standards for detached ADUs;· impose architectural review requirements for an application proposing to develop an ADU within an area designated as a historic district, if the proposed development requires either new construction or exterior modification of an existing structure; · reduce or eliminate off-street parking requirements imposed upon the development of an ADU otherwise applicable under municipal land use regulation or Statewide site improvement standards;· provide that a municipal agency shall not approve an application to develop an ADU on a parcel of property unless the applicant is the owner-occupant of an existing or proposed primary dwelling on the property; · provide that an ADU is prohibited from being rented for a period of less than 30 days; · provide that an ADU is a permitted use in additional zoning districts; and· limit the maximum size of an ADU constructed separately from the primary dwelling to that square footage that is not in excess of 60 percent of the lot's buildable area, as defined in the bill. The bill provides that an application to develop an ADU is to be considered and approved ministerially, without public hearing, and without review beyond that necessary to determine compliance with the provisions of the bill or municipal land use regulations adopted consistent with the bill. The bill would allow a municipal agency to charge a reasonable fee to cover the costs associated with reviewing and approving an application to develop an accessory dwelling unit. The bill requires a municipal agency to provide an applicant with its decision on an application to develop an ADU within 60 days of the date the applicant submits a complete application. Unless the applicant agrees to toll this 60-day time period, if the municipal agency does not act upon the application within the 60-day time period, the application is to be deemed approved. If an application to develop an ADU is submitted together with an application to develop a new single-family dwelling on the same lot, upon the applicant's request, the appropriate municipal agency is to consider and act upon both applications as a single application. The bill would prohibit a municipal agency from imposing conditions, beyond those necessary to comply with the provisions of the bill, upon the approval of an application to develop an ADU, if the application is submitted together with an application to develop a new single-family dwelling on the same lot. Additionally, the bill would prohibit a municipality from:· interpreting and applying a provision of any other municipal ordinance, policy, or regulation so to delay or deny approval of an application to develop an ADU.· conditioning approval of an application to develop an ADU upon the correction of a nonconforming zoning condition.· requiring, for an application to develop an ADU within an existing primary dwelling or as an extension onto an existing primary dwelling, the installation of a new or separate utility connection directly between the ADU and the utility, or imposition of a related connection fee or capacity charge, unless the ADU is being constructed together with a new single-family dwelling. If an application is submitted to develop an ADU as a separate structure, not part of an existing primary dwelling, a municipal agency may require the applicant to install a new or separate utility connection directly between the ADU and the utility, subject to a connection fee or capacity charge of no more than half the fee charged for a new primary dwelling, which fee shall not exceed the reasonable cost of providing this service. The bill would not supersede provisions of the State Uniform Construction Code applicable to the construction of ADUs, however, the bill specifies that the provisions of the Rehabilitation Subcode of the State Uniform Construction Code is to apply to the construction of an ADU within an existing primary dwelling. Additionally, the bill would prohibit issuance of a certificate of occupancy for an ADU under the State Uniform Construction Code prior to issuance of a certificate of occupancy for the primary dwelling. The bill would require a municipality to submit land use regulations it adopts concerning ADUs to the Department of Community Affairs within 60 days of the date of adoption of the municipal land use regulations. The department would review the municipal land use regulations concerning ADUs and notify the municipality within 60 days of the date the department receives a municipality's regulations of any provision in the regulations that does not comply with the bill's provisions. Under the bill, if the department does not notify a municipality, within 60 days of the date the department receives a municipality's land use regulations concerning ADUs, that a provision of the municipal land use regulations does not comply with the bill's provisions, the regulations are to be deemed approved. Within 90 days of the date a municipality receives notice of the department's determination that a provision of the municipality's land use regulations does not comply with the provisions of this bill, the municipality shall either: amend its regulations to conform them with the provisions and intent of the bill; or respond to the department by: asking it to approve the municipal regulations, and explaining the municipality's reasons why its regulations do not comply with the provisions and intent of this bill. In the case of the latter, the department would review the municipality's response, consider the specific conditions affecting that municipality, as well as the intent of this bill, and notify the municipality either: that the municipality may retain all or some part of its land use regulations; or that the municipality is required to amend provisions of its land use regulations to be consistent with the provisions and intent of the bill. Within 60 days of the date of receipt of the department's notice requiring it to amend its land use regulations to be consistent with the provisions and intent of the bill, the municipality is required to amend its regulations. If a municipality does not approve an application to develop an ADU, or imposes conditions on an approval of an application to develop an ADU, the applicant may appeal the decision to the Commissioner of Community Affairs. If the commissioner determines that the municipality's reasons for withholding approval or imposing conditions are inconsistent with the bill's provisions, the commissioner is required to approve the application, and levy the cost of the proceedings, including the applicant's legal expenses, if any, against the municipality. The bill also amends the law governing associations formed for the management of common elements and facilities of a planned real estate development to prohibit the adoption or enforcement of a restriction, covenant, bylaw, rule, regulation, master deed provision, or governing document provision that prohibits or unreasonably restricts the development or use of an ADU on a lot zoned for single-family residential use if the proposed ADU is consistent with the bill's requirements. Under the bill, any provisions of a planned real estate development's governing documents that either prohibit or unreasonably restrict the development or use of an ADU on a lot zoned for single-family or two-family residential use is void and unenforceable if the proposed ADU is consistent with the requirements of the bill. However, the bill specifically authorizes an association to impose design or landscaping conditions on the development of an ADU if the conditions: are not in excess of conditions generally imposed within the planned real estate development; do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an ADU consistent with the provisions of the bill. The bill would also amend the "Fair Housing Act," N.J.S.A.52:27D-301 et al., to require a municipality's master plan housing element to include a plan to promote the creation of ADUs that will be offered at affordable rent for low- and moderate-income households, and to clarify that amounts deposited in the "New Jersey Affordable Housing Trust Fund" may be applied for the purpose of creating ADUs to be occupied by low- and moderate-income households.

Committee Categories

Britnee Timberlake (D)*, 

Combined with S2347 (SCS) (on 02/15/2024)

Official Document