At its February meeting, the Assembly Housing Committee considered three bills that would preempt local planning and permit the development of Accessory Dwelling Units (ADUs) on property zoned for single or two-family residential uses. The committee merged the three bills into ACS for A-2792, A-4370, and A-2489; however, they did not advance the legislation. The Senate companion bill, SCS for S-2347 and S-1106 was reported out of Senate Community and Urban Affairs Committee on February 15. It was amended and substituted on the Senate floor February 25. The SCS for S-2347 and S-1106 awaits consideration by the full Senate.
The legislation would prohibit municipalities from restricting the development of ADUs and establish the criteria for such development. ADUs will be permitted as a right if the ADU is used or intended to be used by the property owner, family members, or non-paying guests.
Within 90 days of the bill’s enactment municipalities would be required to adopt an ordinance incorporating the provisions of the bill. The ordinance must provide that:
- An ADU may only be developed on a lot upon which a single-family dwelling or two-family dwelling is a permitted use, unless the applicable municipal zoning ordinance permits development of an accessory dwelling unit at other locations.
- An ADU must contain at least 300 square feet of complete independent living facilities per unit.
- The height of a proposed ADU must not exceed the height of the primary dwelling.
- An ADU shall not be located closer than five feet from the lot line.
- An ADU may provide direct exterior access that is separate from the direct exterior access for the primary dwelling.
- Additional off-street parking for an ADU shall not be required; and
- The installation of fire sprinklers shall not be required in an ADU that is within, or an extension to, a preexisting primary dwelling that is not required to install fire sprinklers.
A municipal land use ordinance may include one or more of the following provisions:
- Reasonable landscaping standards for detached accessory dwelling units.
- Architectural review requirements for an application for development of an ADU within an area designated as a historic district, if the development requires either new construction or exterior modification of an existing structure.
- An ADU shall not be rented for a period of less than 30 days and may include penalties that may be imposed upon the owner of an ADU that violates this paragraph.
- An ADU is a permitted use in addition to those types of zoning districts identified in the bill; or
- The maximum size of an ADU that is constructed separately from a primary dwelling shall be limited to square footage that is not in excess of 60% of the lot’s buildable area.
The bill also requires municipalities to certify to the Department of Community Affairs within 60 days of the adoption of the municipal ordinance. A municipality that fails to comply may be subject to penalties or other actions deemed appropriate by the Department of Community Affairs.
The bill does permit a municipality to deny an ADU application if the proposed site is located within an area with insufficient public sewer or water service or with severe constraints on the use of wells or septic tanks to render the addition of the ADU hazardous to public health. Denial is also allowed when the site location cannot accommodate a 300-square-foot structure without violating the minimum side-yard or rear-yard setback of five feet from the lot line.
A municipality will have 60 days from the submission of a completed application to make a written decision on the application. Otherwise, the application is considered deemed approved, unless the applicant agrees to an extension. If the application is denied, the written decision must include a detailed explanation of the denial and provide recommendations to correct any deficiencies. Please note if the application is for a single family or two-family with an ADU, upon the applicant’s request, the municipality can act upon both applications within the timeframe the governs single family or two-family applications. However, a municipality cannot impose any conditions or requirements on the ADU beyond those provided in the bill.
In regard to utility connections for an ADU created within an existing or extension of a primary dwelling, a municipality cannot require the installation of a new or separate utility connection between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU is constructed together with a new single-family dwelling. If the ADU is created as a separate structure not part of the existing primary dwelling, the municipality can require the installation of a new or separate utility connection between the ADU and utility. The connection can be subject to a connection fee or capacity charge that cannot be more than half the fee charged for a new primary dwelling and cannot exceed the reasonable cost of providing the service.
The League opposes this legislation as it undermines municipal land use planning that carefully considers availability of water, sewer capacity, parking, and infrastructure needs of the community. Municipalities already have the authority to permit ADUs, but to mandate the allowance of ADUs in all municipalities removes local control to shape policies that meet the needs of their community.
We urge you to consider adopting the sample resolution opposing the legislation and urging the legislature to reject this legislation and preserve local autonomy in municipal planning to develop Accessory Dwelling Units if and where it sees fit.
Contact: Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120.