A1985

An Act promoting equitable residential development throughout the State, 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. P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the “Desegregate New Jersey Act.”

2. As used in sections 2 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):

“Accessory dwelling unit” means a second dwelling unit that:

(1) is attached or detached, or located within or appurtenant to the permitted principal dwelling unit;

(2) is located on the same lot as the permitted principal dwelling unit;

(3) contains no less than 30 percent of the net floor area of the principal dwelling unit, or one thousand square feet, whichever is less; and

(4) has facilities and provisions for independent living, including sleeping, food preparation, and sanitation.

“Developable site” means a site that:

(1) is either vacant or contains a single-family residence;

(2) has access to appropriate water and sewer infrastructure, and is consistent with the applicable areawide water quality management plan, including the wastewater management plan, or is included in an amendment to the areawide water quality management plan submitted to and under review by the Department of Environmental Protection; and

(3) is not subject to a development restriction established pursuant to a law, other than a municipal zoning ordinance, that prohibits the intended development of the site.

“Dwelling unit” means a structure, or portion thereof, which serves primarily as a residence for one or more persons.

“Live work unit” means a building, or space within a building, that may be used jointly for commercial and residential purposes by a person or persons living within such building or space and where the commercial purposes are not authorized as customary and incidental accessory home occupation use.

“Main street corridor” means a portion of any public road, not less than one-quarter of a mile and not more than three-quarters of a mile in length that satisfies at least two of the following:

(1) encompasses an intersection of two state routes;

(2) encompasses a state route and a federal route;

(3) has at least 50 percent of the frontage along such portion being used for office, retail, service, mixed use development or general commercial purposes; and

(4) is served by public transportation.

“Mixed use development” means a development which includes both a non-residential development component and a residential development component.

"Multiple dwelling" means the same as that term is defined pursuant to subsection (k) of section 3 of P.L.1967, c.76 (C.55:13A-3).

“Transit station" means a rail station, bus rapid transit station, ferry terminal, or bus terminal.

3 a. On a developable site in an area in which a municipal zoning ordinance permits single-family residential development, the municipality shall permit an accessory dwelling unit to be added to the site and no such accessory dwelling unit shall be required to be part of a municipality’s affordable housing requirement set by the Council on Affordable Housing in the Department of Community Affairs.

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 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 these developments in violation of subsection a. of this section.

c. 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 accessory dwelling unit, except as required pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.);

(3) any more than one parking space for an accessory dwelling unit or fees in lieu of parking;

(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; or

(7) periodic renewals for permits for accessory dwelling units.

d. Nothing in this section shall exempt an accessory dwelling unit from:

(1) applicable municipal building code requirements;

(2) the ability of a municipality to require owner occupancy or to prohibit or limit the use of an accessory dwelling unit for short-term rentals or vacation stays; or

(3) other 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.

e. The municipal agency reviewing a permit application for an accessory dwelling unit shall make a decision regarding the application no later than 65 days after receipt of such application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw the application.

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 such sprinklers are not required for the principal dwelling unit located on the same developable site.

g. A municipality, sewer utility, or water utility, shall not consider an accessory dwelling unit to be a new residential use for the purpose of calculating connection fees or capacity charges for utilities, including water and sewer service, unless an accessory dwelling unit was constructed with a new single-family dwelling unit on the same developable site, or requires the installation of a new or separate utility connection directly to an accessory dwelling unit. A municipality, sewer utility, or water utility, shall not impose a related connection fee for connection of an accessory dwelling unit.

h. If a municipality fails to adopt or amend the municipality’s master plan, zoning ordinance, land use ordinance, or other regulations by June 1, 2022, for the purposes of complying with the provisions of this section, any noncompliant provisions of the municipality’s existing master plan, zoning ordinance, land use ordinance, or other regulation shall be null and void and a municipal agency shall approve or deny applications for accessory dwelling apartments in accordance with the requirements for regulations set forth under the provisions of this section until such municipality adopts or amends a master plan, zoning ordinance, land use ordinance, or other regulations that are in compliance with this section. A municipality may not use or impose additional standards beyond those set forth in this section related to the regulation of accessory dwelling units.

4. a. A municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), shall allow, without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and without minimum parking requirements, mixed use developments with at least four dwelling units, mixed use developments with at least four live work units, and multifamily housing with at least four dwelling units, that are:

(1) at a minimum density of fifteen units per acre; and

(2) in at least 50 percent of the lot area served by water and sewer infrastructure and within a one-half-mile radius of a municipality's primary transit station.

b. A municipality may dedicate, through the municipality’s zoning ordinance, up to 50 percent of the municipality’s zoning obligations under subsection a. of this section within the area between a one-half-mile radius and a one-mile radius of the municipality’s primary transit station, but only if the dedicated land area for these developments is located on a public right of way that directly connects to a municipality’s primary transit station with adequate sidewalks, crosswalks, and other similar pedestrian facilities.

c. A municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), shall allow, without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and without minimum parking requirements, multifamily housing with at least four dwelling units or at least two types of multiple dwellings:

(1) in any municipality with:

(a) a population of at least 500 persons per square mile according to the latest federal decennial census; or

(b) a minimum population of 7,500 in the preceding calendar.

(2) in at least 50 percent of the lot area within a one-quarter-mile distance from at least one main street corridor.

If a municipality does not have a clearly identifiable main street corridor, a municipality shall recognize multifamily housing or at least two types of multiple dwellings as a permitted use, through the municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), in contiguous land encompassing an area of one-quarter square miles.

d. For any development or housing allowed pursuant to subsections b. and c. of this section that includes 10 or more dwelling units, at least one out of every 10 newly developed dwelling units shall be used to meet the affordable housing obligations of a municipality in which these dwelling units are developed. If a municipality has satisfied the total number of affordable housing units required in that municipality by the Council on Affordable Housing in the Department of Community Affairs, then there shall be no additional affordable housing requirement for that municipality as required by this section.

e. For any development or housing constructed pursuant to subsections b. and c. of this section, the municipal agency reviewing such an application shall make a decision on the application for the development or housing no later than 65 days after receipt of the application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw such application.

f. If a municipality fails to adopt or amend a master plan, zoning ordinance, land use ordinance, and other regulations by June 1, 2022, for the purposes of complying with the provisions of this section, any noncompliant provision of an existing master plan, zoning ordinance, land use ordinance, or other regulation shall become null and void and a municipality shall approve or deny applications for housing developments in accordance with the requirements for regulations set forth under the provisions of this section until such municipality adopts or amends a master plan, zoning ordinance, land use ordinance, or other regulation in compliance with this section.

g. A municipality shall not use or impose standards that burden an applicant through unreasonable costs or delays the development of housing, and shall not condition the approval of housing described pursuant to subsections b. and c. of this section on the correction of a nonconforming use, structure, or lot.

5. This act shall take effect immediately.

STATEMENT

The bill, named the “Desegregate New Jersey Act,” promotes equitable residential development throughout the State.

This bill provides that on a developable site in an area in which a municipal zoning ordinance permits single-family residential development, the municipality would permit an accessory dwelling unit to be added to the site and no such accessory dwelling unit is to be required to be part of a municipality’s affordable housing requirement set by the Council on Affordable Housing in the Department of Community Affairs.

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 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 these developments.

Under the bill, a municipal zoning ordinance would be prohibited from requiring:

(1) a passageway between an accessory dwelling unit and a principal dwelling unit;

(2) an exterior door for an accessory dwelling unit, except as required pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.);

(3) any more than one parking space for an accessory dwelling unit or fees in lieu of parking;

(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; or

(7) periodic renewals for permits for accessory dwelling units.

Under the bill, nothing would exempt an accessory dwelling unit from:

(1) applicable municipal building code requirements;

(2) the ability of a municipality to require owner occupancy or to prohibit or limit the use of an accessory dwelling unit for short-term rentals or vacation stays; or

(3) other 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.

The bill provides that the municipal agency reviewing a permit application for an accessory dwelling unit shall make a decision regarding the application no later than 65 days after receipt of such application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw the application.

Under the bill, a municipal agency would 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 such sprinklers are not required for the principal dwelling unit located on the same developable site.

The bill provides that a municipality, sewer utility, or water utility, would not consider an accessory dwelling unit to be a new residential use for the purpose of calculating connection fees or capacity charges for utilities, including water and sewer service, unless an accessory dwelling unit was constructed with a new single-family dwelling unit on the same developable site, or requires the installation of a new or separate utility connection directly to an accessory dwelling unit. A municipality, sewer utility, or water utility, would not impose a related connection fee for connection of an accessory dwelling unit.

Under the bill, a municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62) would grant permitted use, would allow without requiring a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and would not require minimum parking requirements if there are mixed use developments with at least four dwelling units, mixed use developments with at least four live work units, and multifamily housing with at least four dwellings units that are:

(1) at a minimum density of fifteen units per acre; and

(2) in at least 50 percent of the lot area served by water and sewer infrastructure and within a one-half-mile radius of a municipality's primary transit station.

Under the bill, “Live work unit" means a building, or space within a building, that may be used jointly for commercial and residential purposes by a person or persons living within such building or space and where the commercial purposes are not authorized as customary and incidental accessory home occupation use.

The bill provides that a municipality may dedicate up to 50 percent of this area between a one-half-mile radius and a one-mile radius of a municipality’s primary transit station only if the dedicated land area for these developments is located only a public right of way that directly connects to a municipality’s primary transit station with adequate sidewalks, crosswalks, and other similar pedestrian facilities.

Under the bill, a municipal zoning ordinance would grant permitted use, would not require a use variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), and would not require minimum parking requirements if there are multifamily housing or at least two types of multiple dwellings:

(1) in any municipality with:

(a) a population of at least 500 persons per square mile according to the latest federal decennial census; or

(b) a minimum population of 7,500 in the preceding calendar.

(2) in at least 50 percent of the lot area within a one-quarter-mile distance from at least one main street corridor.

The bill defines “Main street corridor” to mean a portion of any public road, not less than one-quarter of a mile and not more than three-quarters of a mile in length that satisfies at least two of the following:

(1) encompasses an intersection of two state routes;

(2) encompasses a state route and a federal route;

(3) has at least 50 percent of the frontage along such portion being used for office, retail, service, mixed use development or general commercial purposes; and

(4) is served by public transportation.

If a municipality does not have a clearly identifiable main street corridor, a municipality would permit the use of multifamily housing or at least two types of multiple dwellings through the municipal zoning ordinance adopted pursuant to section 49 of P.L.1975, c.291 (C.40:55D-62), in contiguous land encompassing an area of one-quarter square miles.

Under the bill, any development or housing that includes 10 or more dwelling units, at least one out of every 10 newly developed dwelling units would be used to meet the affordable housing obligations of a municipality in which these dwelling units are developed. If a municipality has satisfied the total number of affordable housing units required in that municipality by the Council on Affordable Housing in the Department of Community Affairs, then there would be no additional affordable housing requirement for that municipality as required under the bill.

The bill provides that for any development or housing constructed under the bill, the municipal agency reviewing such an application would make a decision on the application for the development or housing no later than 65 days after receipt of the application, except that an applicant may consent to one or more extensions of no more than an additional 65 days or may withdraw such application.