Bill Text: NJ S2347 | 2024-2025 | Regular Session | Comm Sub
Bill Title: Concerns development of accessory dwelling units and related municipal land use regulations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-02-15 - Reported from Senate Committee as a Substitute, 2nd Reading [S2347 Detail]
Download: New_Jersey-2024-S2347-Comm_Sub.html
SENATE COMMITTEE SUBSTITUTE FOR
SENATE, Nos. 2347 and 1106
STATE OF NEW JERSEY
221st LEGISLATURE
ADOPTED FEBRUARY 15, 2024
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
Senator BRITNEE N. TIMBERLAKE
District 34 (Essex)
SYNOPSIS
Concerns development of accessory dwelling units and related municipal land use regulations.
CURRENT VERSION OF TEXT
Substitute as adopted by the Senate Community and Urban Affairs Committee.
An Act concerning accessory dwelling units and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.) and P.L.1993, c.30 (C.45:22A-43 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 secondary 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.
"Buildable area" means that area within the rear yard of a lot on which a primary dwelling is located that is beyond a five-foot setback line from the side and rear property lines.
"Commissioner" means the Commissioner of Community Affairs.
"Department" means the Department of Community Affairs.
"Principal dwelling unit" means a single-family or two-family dwelling proposed or existing on a residential lot, except that a "principal dwelling unit" shall not mean a townhouse unit on an individual lot.
"Single-family dwelling" means any structure that contains a single-family dwelling unit on an individual lot, including structures that are attached to other single-family dwellings with a common party wall commonly known as "semi-detached" houses, "row houses" or "townhouses."
"Tandem parking" means parking two or more automobiles on a driveway or another location on a lot, aligned so that one automobile is parked immediately behind the other.
"Two-family dwelling" means any structure that contains two separate dwelling units on an individual lot, whether separated horizontally or vertically.
3. a. A municipality shall adopt one of the model land use ordinances prescribed by the Commissioner of Community Affairs pursuant section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), in a manner consistent with the standards and procedures set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).
b. (1) A municipality that adopts land use regulations concerning accessory dwelling units pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which are not identical to one of the two model ordinances promulgated by the commissioner pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), except as to technical distinctions necessary for the adoption of the municipal land use regulations, shall submit the land use regulations to the Department of Community Affairs within 60 days of the date of adoption of the regulations.
(2) The Department of Community Affairs shall review land use regulations concerning accessory dwelling units that a municipality submits pursuant to paragraph (1) of this subsection, and shall notify the municipality, within 60 days of the date the department receives a municipality's land use regulations, of any provision in the regulations that do not comply with the provisions and intent of P.L. , c. (C. ) (pending before the Legislature as this bill). If the department does not notify a municipality that a provision of its land use regulations do not comply with the provisions and intent of P.L. , c. (C. ) (pending before the Legislature as this bill) within 60 days of the date the department receives a municipality's land use regulations, the regulations shall be deemed approved.
(3) 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 and intent of P.L. , c. (C. ) (pending before the Legislature as this bill), the municipality shall either:
(a) amend the regulations to conform them with the provisions and intent of P.L. , c. (C. ) (pending before the Legislature as this bill); or
(b) respond to the departmental notice by setting forth the municipality's reasons why its regulations do not comply with the provisions and intent of P.L. , c. (C. ) (pending before the Legislature as this bill), and requesting the department to approve the municipal regulations.
(4) The department shall review any response from a municipality, giving full consideration to the specific environmental and other conditions affecting that municipality as well as the intent of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall notify the municipality either:
(a) that the municipality may retain all or some part of its land use regulations; or
(b) that the municipality is required to amend provisions of its land use regulations to be consistent with the provisions and intent of P.L. , c. (C. ) (pending before the Legislature as this bill).
(5) Within 60 days of the date of receipt of the department's notice pursuant to subparagraph (b) of paragraph (4) of this subsection, a municipality shall amend its regulations as may be required by the department pursuant to subparagraph (b) of paragraph (4) of this subsection.
(6) If a municipality does not approve an application to develop an accessory dwelling unit, or imposes conditions on the approval of an application to develop an accessory dwelling unit, the applicant may appeal the decision to the commissioner. If the commissioner determines that the municipality's reasons for withholding approval or imposing conditions on the approval of an application to develop an accessory dwelling unit are inconsistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), notwithstanding whether the municipal ordinance was approved as a result of inaction by the department as set forth in paragraph (2) of this subsection, the commissioner shall approve the application, and shall levy the cost of the proceedings, including the applicant's legal expenses, if any, against the municipality. In the event of a subsequent judicial appeal of the commissioner's decision, the court shall apply the same standard of review as set forth in this subsection for the commissioner's decision on an appeal.
(7) The department may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) for the purpose of clarifying or supplementing any of the terms, standards, or procedures set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).
4. a. (1) An application to develop an accessory dwelling unit shall be considered and approved by a municipality 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.
(2) A municipal agency shall provide an applicant with a decision on an application to develop an accessory dwelling unit on a lot that contains an existing or proposed single-family or two-family dwelling within 60 days of the date the applicant submits a complete application.
(3) Unless an applicant agrees to toll the 60-day time period allowed for a municipal agency to render a decision on an application pursuant to paragraph (2) of this subsection, if the municipal agency does not act upon a complete application within the 60-day time period, the application shall be deemed approved. 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.
(4) If an application to develop an accessory dwelling unit is submitted together with an application to develop a new single-family dwelling on the same lot, upon the applicant's request, both applications shall be considered and acted upon by the appropriate approving authority as a single application. An approval of an application to develop an accessory dwelling unit that is submitted together with an application to develop a new single-family dwelling on the same lot shall not impose conditions on approval of the accessory dwelling unit beyond those necessary to comply with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), or with municipal land use regulations that are consistent with those provisions.
b. A municipality shall not interpret or apply a provision of any other municipal ordinance, policy, or regulation to unduly or maliciously delay or deny approval of an application to develop an accessory dwelling unit.
c. A municipality shall not
condition approval of an application to develop an accessory dwelling unit upon
the correction of a nonconforming zoning condition.
5. a. (1) An association formed for the management of common elements and facilities of a planned real estate development, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), shall not, after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), adopt or enforce a restriction, covenant, bylaw, rule, regulation, master deed provision, or provision of a governing document prohibiting or unreasonably restricting the development or use of an accessory dwelling unit on a lot zoned for single-family residential use if the proposed accessory dwelling unit is consistent with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) Any covenant, restriction, or condition contained in a deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned real estate development, and any provision of a master deed, bylaw, or other governing document that either prohibits or unreasonably restricts the development or use of an accessory dwelling unit on a lot zoned for single-family or two-family residential use, is void and unenforceable if the proposed accessory dwelling unit is consistent with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. An association may impose design or landscaping conditions on the development of an accessory dwelling unit if the conditions:
(1) are not in excess of conditions generally imposed within the planned real estate development; and
(2) do not unreasonably increase the cost to construct, do not effectively prohibit the construction of, and do not extinguish the ability to otherwise construct, an accessory dwelling unit consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. The Commissioner of Community Affairs shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall include but not be limited to:
a. The promulgation of two model ordinances as provided in subsections b. and c. of this section. Each municipality shall promulgate one of the two model ordinances to regulate accessory dwelling units in the municipality. A municipal ordinance adopted to fulfill the requirements of this subsection shall be in identical form to a model ordinance, except as to technical distinctions necessary for the adoption of the municipal land use regulations, or as to municipal land use regulations that are approved by the commissioner pursuant to subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The commissioner shall promulgate the first of the two model ordinances required pursuant to subsection a. of this section, which shall be published on the department's Internet website and shall conform to the following requirements:
(1) The model ordinance shall provide that an accessory dwelling unit shall be permitted on a lot that contains a single-family dwelling, and an individual shall be authorized to develop an accessory dwelling unit on a lot owned by the person and located within an area meeting the requirements of paragraph (3) of this subsection, in a manner consistent with the standards and procedures set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) The model ordinance shall provide municipal discretion to 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.
(3) The model ordinance 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.
(4) The model ordinance shall not require:
(a) a passageway between an accessory dwelling unit and a principal dwelling unit;
(b) 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;
(c) a familial, marital, or employment relationship between occupants of a principal dwelling unit and an accessory dwelling unit;
(d) a minimum age requirement for occupants of an accessory dwelling unit, except that nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed as superseding the federal exemptions provided pursuant to 24 C.F.R. 100.301 or any successor federal regulations;
(e) a separate billing of utilities otherwise connected to, or used by, the principal dwelling unit;
(f) 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
(g) periodic renewals for permits for accessory dwelling units;
(5) The model ordinance shall provide that nothing in the model ordinance shall exempt an accessory dwelling unit from:
(a) applicable building code requirements pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.);
(b) the ability of a municipality to prohibit or limit the use of an accessory dwelling unit for short-term rentals or vacation stays; or
(c) 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.
(6) (a) For an accessory dwelling unit created within an existing primary dwelling, or as an extension onto an existing primary dwelling, the model ordinance shall provide that the applicant shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed together with a new single-family dwelling.
(b) For an accessory dwelling unit that is created as a separate structure that is not part of an existing primary dwelling, the model ordinance shall provide that the applicant may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, in which case the connection may be subject to a connection fee or capacity charge that shall be no more than half the fee charged for a new primary dwelling and that shall not exceed the reasonable cost of providing this service.
(7) The model ordinance shall provide 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, that the off-street parking spaces shall not be required to be replaced.
(8) The model ordinance shall provide that a municipal agency shall not approve an application to develop an accessory dwelling unit on a parcel of property unless the applicant is the owner-occupant of an existing or proposed primary dwelling on the property.
(9) The model ordinance shall not impose additional standards beyond those provided for in P.L. , c. (C. ) (pending before the Legislature as this bill) related to the regulation of accessory dwelling units.
c. The commissioner shall promulgate the second of the two model ordinances required pursuant to subsection a. of this section, which shall be published on the department's Internet website and shall conform to the following requirements:
(1) The model ordinance shall provide that an individual shall be permitted to develop one or more accessory dwelling units on a lot owned by the person, and located within an area meeting the requirements of this subsection, in a manner consistent with the standards and procedures set forth in P.L. , c. (C. ) (pending before the Legislature as this bill).
(2) Except as otherwise provided by paragraph (9) of this subsection:
(a) the model ordinance shall provide that an accessory dwelling unit is a permitted use as of right on a lot if a primary dwelling unit 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 for the municipality in which the accessory dwelling unit is located; and
(b) the model ordinance shall offer discretion to a municipality to 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.
(3) The model ordinance shall provide that a provision of a municipal land use regulation that is in place on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) but fails to comply with the requirements of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be null, void, and unenforceable; and
(4) The model ordinance shall provide that an accessory dwelling unit 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. The model ordinance shall specify that a passageway between the primary dwelling and a detached accessory structure shall not be required.
(5) The model ordinance shall provide that an accessory dwelling unit may be rented separately from the primary dwelling, but shall not be sold or otherwise conveyed separately from the primary dwelling.
(6) The model ordinance shall not prohibit an applicant from seeking approval to develop an accessory dwelling unit, either simultaneously with or separately from the development of a primary dwelling.
(7) The model ordinance shall provide the following standards for accessory dwelling units:
(a) The minimum floor area requirement, if any, shall be no greater than 300 square feet.
(b) The maximum floor area requirement, if any, shall be no smaller than 1,200 square feet, except as otherwise provided in paragraph (16) of this subsection.
(c) The maximum height requirement, if any, shall be no less than 20 feet.
(d) A developer shall not be required to install fire sprinklers in an accessory dwelling unit if there is no requirement to install fire sprinklers in the primary dwelling.
(e) (i) There shall be no setback requirements for any accessory dwelling unit 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 accessory dwelling unit.
(ii) There shall be no more than a five-foot sideyard and rearyard setback requirement for any other accessory dwelling unit.
(f) An accessory dwelling unit shall provide direct exterior access separate from the direct exterior access for the primary dwelling.
(g) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit, which may be provided as tandem parking.
(h) If a garage or other covered parking structure or any parking space within such structure is removed in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, that the off-street parking spaces shall not be required to be replaced.
(8) The model ordinance shall provide that any provision of a municipal land use regulation that does not comply with the provisions of this subsection shall be void and shall not be enforced by a municipal agency.
(9) The model ordinance shall permit the rejection of an application to develop an accessory dwelling unit if either:
(a) 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, as determined by a competent authority, so to render the addition of a dwelling unit hazardous to the public health; or
(b) the proposed site is located on a lot so small that an 800 square foot structure cannot be reasonably accommodated without violating the minimum sideyard or rearyard setback requirements of subparagraph (e) of paragraph (7) of this section.
(10) The model ordinance may allow a municipality to establish reasonable landscaping standards for detached accessory dwelling units.
(11) The model ordinance may allow a municipality to impose architectural review requirements for an application proposing to develop an accessory dwelling unit within an area designated as a historic district by a competent state or local authority, if the proposed development requires either new construction or exterior modification of an existing structure.
(12) The model ordinance may allow a municipality to reduce or eliminate off-street parking requirements imposed upon the development of an accessory dwelling unit otherwise applicable under municipal land use regulation or Statewide site improvement standards adopted pursuant to section 4 of P.L.1993, c.32 (C.40:55D-40.4).
(13) The model ordinance shall provide that a municipal agency shall not approve an application to develop an accessory dwelling unit on a parcel of property unless the applicant is the owner-occupant of an existing or proposed primary dwelling on the property.
(14) The model ordinance shall provide municipal discretion to require that an accessory dwelling unit not be rented for a period of less than 30 days.
(15) The model ordinance may allow a municipality to provide that an accessory dwelling unit is a permitted use in zoning districts in addition to those required pursuant to paragraph 2 of this subsection, including but not limited to multifamily and mixed use districts.
(16) The model ordinance may allow a municipality to limit the maximum size of an accessory dwelling unit constructed separately from the primary dwelling to that square footage that is not in excess of 60 percent of the lot's buildable area.
(17) (a) For an accessory dwelling unit created within an existing primary dwelling, or as an extension onto an existing primary dwelling, the model ordinance shall provide that the applicant shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed together with a new single-family dwelling.
(b) For an accessory dwelling unit that is created as a separate structure that is not part of an existing primary dwelling, the model ordinance shall provide that the applicant may be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, in which case the connection may be subject to a connection fee or capacity charge that shall be no more than half the fee charged for a new primary dwelling and that shall not exceed the reasonable cost of providing this service.
(18) Nothing contained in the model ordinance shall supersede provisions of the State Uniform Construction Code, promulgated to effectuate the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), applicable to the construction of an accessory dwelling unit; provided, however, that with respect to an accessory dwelling unit or part thereof being constructed within an existing primary dwelling, the provisions of the Rehabilitation Subcode adopted pursuant to section 5 of P.L.1975, c.217 (C.52:27D-123) shall apply.
(19) A certificate of occupancy for an accessory dwelling unit shall not be issued before the issuance a certificate of occupancy for the primary dwelling.
d. Rules concerning the development of accessory dwelling units in an association formed for the management of common elements and facilities of a planned real estate development, regardless of whether organized pursuant to section 1 of P.L.1993, c.30 (C.45:22A-43), to:
(1) enforce and ensure compliance with the provisions of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) prescribe reasonable penalties for noncompliance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill);
(3) provide guidance to associations subject to this subsection concerning the requirements of the bill; and
(4) to ensure that any restriction, covenant, bylaw, rule, regulation, master deed provision, or provision of a governing document does not prohibit the development of accessory dwelling units, unreasonably restrict the development of accessory dwelling units, and is consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect on the first day of the sixth month next following the date of enactment, except that the commissioner shall be permitted to take anticipatory action necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
