Two bills that were combined (S-1106 and S-2347) advanced out of the Senate Community and Urban Affairs Committee. The legislation would authorize owners of property zoned for single- or two-family residential use to develop accessory dwelling units (ADUs) on their property as a permitted use as of right.
The committee substitute requires the Department of Community Affairs (DCA) to draft two model ordinances consistent with the standards and procedures set forth in the bill related to ADUs and would require a municipality to adopt one of these model ordinances. A municipality would be authorized to adopt land use regulations that are not identical with these model ordinances but prior to adoption would need to get approval from the DCA.
The bill further provides that if a municipality does not approve an application for the development of an ADU or imposes conditions on the approval of an application, then the applicant would be able to appeal the municipal decision to the DCA. If the DCA Commissioner determines the municipality’s reason withholding approval or imposing conditions are inconsistent with the bill, then the DCA Commissioner is required to approve the application and the municipality would bear the costs for the appeal along with the applicant’s legal fees.
The bill also provides for certain statewide standards for the construction of ADUs including maximum height and square footage requirements. It also prohibits sewer connection fees for ADUs.
The League opposes this legislation because of the strict preemption of local land use and zoning controls. While there are no doubt benefits to be derived from the construction of ADUs, those benefits are only possible with effective local planning and management.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481, x137.