Bill Text: NJ A4370 | 2024-2025 | Regular Session | Introduced
Bill Title: Concerns development of accessory dwelling units and related municipal land use regulations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - Introduced, Referred to Assembly Housing Committee [A4370 Detail]
Download: New_Jersey-2024-A4370-Introduced.html
Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
SYNOPSIS
Concerns development of accessory dwelling units and related municipal land use regulations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning accessory dwelling units and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Legislature finds and declares that:
(1) Accessory dwelling units are a valuable form of housing and present a way to expand the State's housing supply that is both cost-effective and consistent with sound planning and environmental principles.
(2) Accessory dwelling units provide housing for family members, the elderly, in-home health care providers, individuals with disabilities, and others, often at below-market prices within existing neighborhoods with little to no cost to municipalities.
(3) Homeowners who develop accessory dwelling units can benefit from added income and an increased sense of security.
(4) Allowing accessory dwelling units in single-family and two-family residential zones will make it possible to expand New Jersey's rental housing stock, and meet current and future housing demand.
(5) Accessory dwelling units offer low-cost housing within existing neighborhoods while maintaining the architectural character of a neighborhood.
(6) Accessory dwelling units should therefore be considered an essential component of New Jersey's housing supply.
b. It is the intent of the Legislature that municipal land use regulations shall provide for the creation of accessory dwelling units consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), and that no provision of a regulation shall restrict the ability of a property owner to develop an accessory dwelling unit consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Accessory dwelling unit" means a second dwelling unit that:
a. is attached or detached, or located within or appurtenant to a permitted principal dwelling unit or single-family dwelling unit of greater square footage;
b. is located on the same lot as a permitted principal dwelling unit; and
c. has facilities and provisions for independent living, including space for sleeping, food preparation, and sanitation
"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
"Applicant" means a developer or homeowner submitting an application for development of an accessory dwelling unit.
3. a. An accessory dwelling unit shall be permitted on a lot that contains a single-family dwelling. Municipalities shall adopt or amend existing land use regulations to authorize a person to develop an accessory dwelling unit on a lot owned by the person, and located within an area meeting the requirements of subsection c. of this section, in a manner consistent with the standards and procedures set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).
b. 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, except for residential density 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 an accessory dwelling unit on any individual lot that contains a single-family dwelling.
c. Land use regulations adopted or amended pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall provide that an accessory dwelling unit 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.
d. A municipal zoning ordinance shall be prohibited from requiring:
(1) a passageway between an accessory dwelling unit and a principal dwelling unit;
(2) an exterior door for an attached accessory dwelling;
(3) any more than one parking space for an accessory dwelling unit; existing and available on-street parking shall satisfy this requirement; no parking space shall be required if the accessory dwelling unit is located within one half-mile of public transportation service;
(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;
(7) a minimum floor area for any dwelling unit that is greater than the minimum floor area set pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and any regulations adopted thereafter; or
(8) periodic renewals for permits for accessory dwelling units;
e. Nothing in this section shall exempt an accessory dwelling unit from:
(1) applicable building code requirements pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.);
(2) the ability of a municipality to prohibit or limit the use of an accessory dwelling unit for short-term rentals or vacation stays; or
(3) 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.
f. A municipal agency shall 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 fire sprinklers are not required for the principal dwelling unit located on the same lot.
g. An accessory dwelling unit shall not be considered a new residential use for the purpose of calculating or imposing connection fees or capacity charges for a purveyor of water and sewer service, unless the accessory dwelling unit is constructed together with a new single-family dwelling unit on the same lot, or requires the installation of a new or separate utility connection directly to the accessory dwelling unit.
h. If a garage or other covered parking structure or any parking space within the structure is removed in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the municipality shall not require that those off-street parking spaces be replaced.
i. A municipality may include an owner-occupancy requirement in its enabling ordinance that requires the main unit or the accessory unit to be occupied by the property owner, but may not dictate which unit shall be owner-occupied. The ordinance may state penalties and remedies for non-compliance.
j. A municipality may not impose additional standards beyond those provided for in this section related to the regulation of accessory dwelling units.
4. a. (1) An application to develop an accessory dwelling unit shall be considered and approved as a ministerial action without a public hearing, and without review beyond what is necessary to determine compliance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) or, if the municipality has adopted land use regulations consistent with those provisions, the municipality's land use regulations.
(2) If the municipal agency does not act upon a complete application within the 60-day time period, the application shall be deemed approved unless an applicant agrees to toll the 60-day time period allowed for a municipal agency to render a decision on an application. A municipal agency may charge a reasonable fee to cover the costs associated with reviewing and approving an application to develop an accessory dwelling unit.
b. A municipality shall not interpret and apply a provision of any other municipal ordinance, policy, or regulation so to delay or deny approval of an application to develop an accessory dwelling unit.
5. This act shall take effect immediately.
STATEMENT
This bill permits an accessory dwelling unit on a lot that contains a single-family dwelling. Municipalities are to adopt or amend existing land use regulations to authorize a person to develop an accessory dwelling unit on a lot owned by the person, and located within an area meeting the requirements of the bill.
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, except for residential density controls, as are required for the same principal dwelling unit without the accessory dwelling unit, as long as the restrictions do not prohibit the construction of an accessory dwelling unit on any individual lot that contains a single-family dwelling,
Land use regulations adopted or amended pursuant to the bill are to provide that an accessory dwelling unit 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 requires that a municipal zoning ordinance is to be prohibited from requiring:
1) a passageway between an accessory dwelling unit and a principal dwelling unit;
2) an exterior door for an attached accessory dwelling;
3) more than one parking space for an accessory dwelling unit; existing and available on-street parking are to satisfy this requirement; no parking space is to be required if the accessory dwelling unit is located within one half-mile of public transportation service;
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;
7) a minimum floor area for any dwelling unit that is greater than the minimum floor area set pursuant to the "State Uniform Construction Code Act" and any regulations adopted thereafter (UCC); or
8) periodic renewals for permits for accessory dwelling units.
Nothing in the bill is to be interpreted to exempt an accessory dwelling unit from:
1) applicable building code requirements pursuant to the UCC;
2) the ability of a municipality to prohibit or limit the use of an accessory dwelling unit for short-term rentals or vacation stays; or
3) sewerage system related requirements where a private sewerage system is being used, provided that approval for an accessory dwelling unit is not to be unreasonably withheld.
A municipal agency is not to 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 sprinklers are not required for the principal dwelling unit located on the same lot.
An accessory dwelling unit is not to be considered a new residential use for the purpose of calculating or imposing connection fees or capacity charges for a purveyor of water and sewer service, unless the accessory dwelling unit is constructed together with a new single-family dwelling unit on the same lot, or requires the installation of a new or separate utility connection directly to the accessory dwelling unit.
The bill provides that if a garage or other covered parking structure or any parking space within the structure is removed in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the municipality is not to require that those off-street parking spaces be replaced.
A municipality may include an owner-occupancy requirement in its enabling ordinance that requires the main unit or the accessory unit to be occupied by the property owner, but may not dictate which unit is to be owner-occupied. The ordinance may provide for penalties and remedies for non-compliance.
The bill provides that a municipality may not impose additional standards beyond those provided for in this bill related to the regulation of accessory dwelling units.
The bill provides that an application to develop an accessory dwelling unit is to be considered and approved as a ministerial action without a public hearing, and without review beyond that necessary to determine compliance with the provisions of the bill or, if the municipality has adopted land use regulations consistent with those provisions, the municipality's land use regulations.
If the municipal agency does not act upon a complete application within the 60-day time period, the bill provides that the application is to be deemed approved unless an applicant agrees to toll the 60-day time period allowed for a municipal agency to render a decision on an application. A municipal agency may charge a reasonable fee to cover the costs associated with reviewing and approving an application to develop an accessory dwelling unit.
Lastly, the bill provides that a municipality is not to interpret and apply a provision of any other municipal ordinance, policy, or regulation so to delay or deny approval of an application to develop an accessory dwelling unit.
