Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
SYNOPSIS
New Jersey Housing Opportunity Act; enhances opportunities for housing production.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain residential development regulations, designated as the New Jersey Housing Opportunity Act, 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 New Jersey Housing Opportunity Act.
2. a. As used in this section, accessory dwelling unit means a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed or existing primary dwelling, within an existing or proposed structure that is accessory to a dwelling on the same lot, constructed in whole or part as an extension to a proposed or existing primary dwelling, or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling.
b. Notwithstanding any other provision of law, rule, or regulation to the contrary, prior to the first day of the fourth month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), a municipal governing body shall provide for at least one of the following in the municipalitys development regulations:
(1) set the minimum lot size for single-family residential development within a residential district at no more than one-quarter acre;
(2) permit development of a two-unit dwelling on each lot that is located within a single-family residential district; or
(3) permit development of an accessory dwelling unit on each lot that is located within a single-family residential district.
c. If a municipalitys development regulations are not consistent with subsection b. of this section after the first day of the fourth month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the municipalitys development regulations shall be interpreted and applied as providing for a minimum lot size for single-family residential development within a residential district at no more than one-quarter acre, consistent with paragraph (1) of subsection b. of this section.
d. The provisions of this section shall not apply to:
(1) a dwelling located within a historic district; or
(2) a residential lot that is subject to a covenant or restriction, recorded prior to the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), requiring development of the lot in a different manner than set forth in subsection b. of this section.
3. This act shall take effect immediately.
STATEMENT
This bill would require revision of municipal development regulations in order to enhance opportunities for the development and occupancy of housing, in appropriate locations, throughout the State. The bill directs each municipalitys governing body to ensure that its development regulations are consistent with at least one of the bills three alternatives within four months of the bills enactment. The bill would require each municipal governing body to provide, in its development regulations, for either:
a minimum lot size of no more than one-quarter acre for single-family residential development within a residential district;
development of a two-unit dwelling on each lot located within a single-family residential district; or
permit development of an accessory dwelling unit on each lot that is located within a single-family residential district.
The bill defines the term "accessory dwelling unit" to mean a residential dwelling unit that provides complete independent living facilities with a private entrance for one or more persons, consisting of provisions for living, sleeping, eating, sanitation, and cooking, including a stove and refrigerator, and is located within a proposed or existing primary dwelling; within an existing or proposed structure that is accessory to a dwelling on the same lot; constructed in whole or part as an extension to a proposed or existing primary dwelling; or constructed as a separate detached structure on the same lot as the existing or proposed primary dwelling.
Under the bill, failure of a municipality to comply with one of these three alternative requirements will result in the bills first alternative, a minimum lot size for development of a dwelling in each residential district at no more than one-quarter acre, to be applicable for the municipality, and would prohibit the municipality from enforcing any development regulation to the contrary.
The bill provides that its provisions do not apply to dwellings located within historic districts or to residential lots that are subject to certain covenants or restrictions.