ASSEMBLY HOUSING COMMITTEE
STATEMENT TO
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, Nos. 2792, 4370, and 2489
STATE OF NEW JERSEY
DATED: FEBRUARY 10, 2025
The Assembly Housing Committee adopts an Assembly
Committee Substitute for Assembly Bill Nos. 2792, 4370, and 2489.
As substituted, this bill permits the development of accessory
dwelling units (ADUs), as defined in the bill, on property zoned for
single- or two-family residential use and requires a municipality to
adopt one of two model ordinances promulgated by the Commissioner
of Community Affairs (commissioner) pursuant to the bill.
Specifically, this bill requires a municipality to adopt one of the
two model land use ordinances prescribed by the commissioner, and
requires that municipal land use regulations, which differ from one of
the two model land use ordinances, are to be submitted to the
Department of Community Affairs within 60 days of the date of
adoption for approval, pursuant to the procedures and approval process
provided in the bill.
The bill further requires that an application to develop an ADU is
to be considered and approved as a ministerial action, without public
hearing, and without review beyond that necessary to determine
compliance with the provisions of the bill. The bill requires a
municipal agency to provide an applicant with its decision on an
application to develop an ADU within 60 days of the date the applicant
submits a complete application. Unless the applicant agrees to toll this
60-day time period, if the municipal agency does not act upon the
application within the 60-day time period, the application is to be
deemed approved.
If an application to develop an ADU is submitted together with an
application to develop a new single-family dwelling on the same lot,
upon the applicant’s request, the appropriate municipal agency is to
consider and act upon both applications as a single application. The
bill would prohibit a municipal agency from imposing conditions,
beyond those necessary to comply with the provisions of the bill, upon
the approval of an application to develop an ADU, if the application is
submitted together with an application to develop a new single-family
dwelling on the same lot.
Additionally, the bill would prohibit a municipality from: 2
interpreting and applying a provision of any other municipal
ordinance, policy, or regulation so to delay or deny approval
of an application to develop an ADU; or
conditioning approval of an application to develop an ADU
upon the correction of a nonconforming zoning condition.
The bill also provides that associations formed for the management
of common elements and facilities of a planned real estate
development are prohibited from adopting or enforcing a restriction,
covenant, bylaw, rule, regulation, master deed provision, or governing
document provision that prohibits or unreasonably restricts the
development or use of an ADU on a lot zoned for single-family
residential use if the proposed ADU is consistent with the bill’s
requirements. Under the bill, any such provisions are void and
unenforceable if the ADU is consistent with the requirements of the
bill, but certain conditions on the development of an ADU, such as
certain landscape conditions, that do not unreasonably increase the
cost to construct an ADU, are permitted.
The bill requires the commissioner to adopt rules and regulations
as necessary to implement the provisions of the bill, which are to
include the promulgation of two model ordinances as provided by the
bill, one of which every municipality that seeks to promulgate any
municipal land use regulations concerning ADUs is required to adopt
in identical form, 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 the
procedures set forth in the bill. The model ordinances are to be
published on the department’s Internet website and conform to distinct
requirements as specifically set forth in the bill.
The bill would take effect on the first day of the sixth month
following the date of enactment, except that the commissioner would
be permitted to take anticipatory action necessary to effectuate the
provisions of the bill.