S 1786 — Concerns development of accessory dwelling units and related regulations.

S1786 1R [First Reprint] SENATE, No.

  CURRENT VERSION OF TEXT      IntroducedAs Pendingreported Technicalby Reviewthe bySenate LegislativeCommunity Counsel.and Urban Affairs Committee on June 1, 2026, with amendments.

     b.  It is the intent of the Legislature that municipal land use regulations authorize, not prohibit or restrict, the development of accessory dwelling units, which comply with the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).         2. 2.    (New section)  As used in sections 1 through 7 of P.L.    , c.    (C.        through C.        ) (pending before the Legislature as this bill):

or constructed as a separate, detached structure on the same lot as a primary dwelling.       "Accessory structure" means a structure that is accessory, and incidental to, a primary dwelling.

     "Accessory structure" means a structure that is accessory, and incidental to, a primary dwelling.

     "Buildable area" means that area within1[within the rear yard of a lot on which a primary dwelling is located that is beyondbeyond] contained within the boundaries of the front setback and1 a five-foot setback line from the side and rear property lines.

     "Complete independent living facilities" means space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or1[or] and1 sanitation.

        "Personal1["Personal purpose" means occupancy of an accessory dwelling unit by the property owner, family members, or non-paying guests, and excludes the use of the accessory dwelling unit as a rental property for compensation.compensation.]1      "Primary dwelling" means a single-family or two-family dwelling proposed or existing on a lot 1[in an area in which single-family and two-family dwellings are permitted uses]1.

     "Primary"Single-family dwelling" means a1[a single-familydwelling that is detached or two-familysemi-detached, dwellingincluding proposeda row house or existingtownhouse onthat ais lotnot inpart anof areaa inplanned whichreal single-familyestate anddevelopment, two-familyas dwellingsdefined arepursuant permittedto uses.subsection h.

    of "Single-familysection dwelling"3 meansof P.L.1977, c.419 (C.45:22A-23), which contains a dwelling unit designed for residential use by one family on an individual lot in an area in which single-family dwellings are permitted uses.] any structure that iscontains detacheda orsingle-family semi-detached,dwelling unit on an individual lot, including structures that are attached to other single-family dwellings with a rowcommon houseparty wall commonly known as "semi-detached houses," "row houses," or townhouse"townhouses."1      "Two-family dwelling" means a dwelling that iscontains nottwo partseparate ofdwelling aunits, plannedwhether realseparated estatehorizontally development,or asvertically, definedwhich pursuantare todesigned subsectionfor h.residential use by two families on an individual lot 1[in an area in which two-family dwellings are permitted uses]1.

of section 3 of P.L.1977, c.419 (C.45:22A-23), which contains a dwelling unit designed for residential use by one family on an individual lot in an area in which single-family dwellings are permitted uses.       "Two-family3.    dwelling" means a dwelling that contains two separate dwelling units, whether separated horizontally or vertically, which are designed for residential use by two families on an individual lot in an area in which two-family dwellings are permitted uses.         3.  (New section)  a.  No municipal ordinance or resolution shall prohibit or restrict the development of an accessory dwelling unit that complies with the requirements of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) if the municipality: municipality:      (1)  has a population density of less than 9,000 people per square mile, as determined by the most recent federal decennial census;

or      (2) (1)   has a population density of greaterless than or equal to 9,000 people per square mile, as determined by the most recent federal decennial census,census; and has adopted an ordinance or resolution to permit the development of accessory dwelling units as of the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).       The proposed or actual use of an accessory dwelling unit shall be a permitted use as of right if the accessory dwelling unit is used or intended to be used for personal purposes.  The provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall not apply to a municipality that has adopted an ordinance or resolution permitting and providing a reasonable opportunity for the development of accessory dwelling units, which has taken effect on or before January 1, 2025, and still remains in effect.

or      b.   (2)   (1) has Withina 90population daysdensity of greater than or equal to 9,000 people per square mile, as determined by the effectivemost daterecent offederal P.L.    , c.    (C.        ) (pendingdecennial beforecensus, and has adopted an ordinance or resolution to permit the Legislaturedevelopment of accessory dwelling units as thisof bill),the aeffective municipalitydate thatof meetsP.L.    , c.    (C.        ) (pending before the requirementsLegislature ofas subsectionthis a.bill).

     The proposed or actual use of thisan sectionaccessory dwelling unit shall adoptbe a municipalpermitted ordinanceuse incorporatingas of right 1[if the accessory dwelling unit is used or intended to be used for personal purposes]1.  The provisions of P.L.    , c.    (C.        )P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and shall follownot theapply requirementsto ofa themunicipality ordinancethat inhas approvingadopted an ordinance or denyingresolution anpermitting applicationand providing a reasonable opportunity for the development of an accessory dwelling unit.units, which has taken effect on or before January 1, 2025, and still remains in effect.

     (2) b.    A(1)  municipalityWithin that90 hasdays a population density of greater than or equal to 9,000 people per square mile, as determined by the most recent federal decennial census, that has not adopted a municipal ordinance to permit the development of accessory dwelling units as of the effective date of P.L.    , c.    (C.       (C.        ) (pending ) (pending before the Legislature as this bill)bill), anda electsmunicipality tothat adoptmeets such ordinance shall incorporate the provisionsrequirements of subsection c.a.

of this section shall adopt a municipal ordinance incorporating the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and shall follow the requirements of the ordinance in approving or denying an application for development of an accessory dwelling unit.

     (2)   A municipality that has a population density of greater than or equal to 9,000 people per square mile, as determined by the most recent federal decennial census, that has not adopted a municipal ordinance to permit the development of accessory dwelling units as of the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and elects to adopt 1[such] an1 ordinance shall incorporate the provisions of subsection c.

     (1)   An1[An] an1 accessory dwelling unit may only be developed on a lot upon which a single-family dwelling or two-family dwelling is a permitted use, unless the applicable municipal zoning ordinance permits development of an accessory dwelling unit at other locations;

     (2)   An1[An] an1 accessory dwelling unit shall contain at least 3001[300] the minimum amount of1 square feet1[feet ofof] footage for1 complete independent living facilities per unit;unit 1as provided in the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.)1;

     (3)   The1[The] the1 height of a proposed accessory dwelling unit shall not exceed the height of the primary dwelling;

     (4)   An1[An] an1 accessory dwelling unit shall not be located closer than five feet from the lot line;

     (5)   An1[An] an1 accessory dwelling unit may provide direct exterior access that is separate from the direct exterior access for the primary dwelling;

     (6)   Additional1[Additional] additional1 off-street parking for an accessory dwelling unit shall not be required;

and1[and]1      (7)   The1[The] the1 installation of fire sprinklers shall not be required in an accessory dwelling unit that is within, or an extension to, a preexisting primary dwelling that is not required to install fire sprinklers.sprinklers 1;

and      (8)   an accessory dwelling unit developed on or after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) shall not be rented for a period of less than 30 days and may set forth penalties that may be imposed upon the owner of an accessory dwelling unit that violates this paragraph1.

     (3)   an1[an accessory dwelling unit shall not be rented for a period of less than 30 days and may set forth penalties that may be imposed upon the owner of an accessory dwelling unit that violates this paragraph;

     (4)  (4)]1           an accessory dwelling unit is a permitted use in addition to those types of zoning districts identified in P.L.    , c.    (C.        ) (pending before the Legislature as this bill);

or      (5)  1[(5)  the maximum size of an accessory dwelling unit that is constructed separately from a primary dwelling shall be limited to a square footage that is not in excess of 60 percent of the lot’s buildable area.area] (4)  a primary dwelling with an accessory dwelling unit shall be subject to the same dimensional controls and other controls, except for residential density controls, as required for the same primary dwelling without the accessory dwelling unit, as long as those restrictions do not prohibit the construction of an accessory dwelling unit on any individual lot that contains a single-family dwelling.

     e.     Notwithstanding any provision of P.L.    , c.    (C.        ) (pending before the Legislature as this bill) to the contrary, in the case of a lot located within a planned real estate development, as defined pursuant to subsection h.

of section 3 of P.L.1977, c.419 (C.45:22A-23), a municipality or common interest community association may impose and enforce reasonable regulations, by ordinance or through governing documents, concerning:

     (1)   stormwater management and drainage;

     (2)   utility capacity and utility connections;

     (3)   fire safety and emergency vehicle access;

     (4)   parking allocation and access to private streets or driveways;

     (5)   protection of common elements and common property;

     (6)   architectural standards consistent with the governing documents of the planned real estate development;

and      (7)   the allocation of any proportionate increase in common expenses directly attributable to the development or operation of an accessory dwelling unit.

     Any regulation adopted pursuant to this subsection shall be reasonable, uniformly applied, and shall not operate to prohibit, unreasonably restrict, or materially delay the development of an accessory dwelling unit otherwise permitted pursuant to P.L.    , c.    (C.        ) (pending before the Legislature as this bill)1.

or      b.    the proposed site is located on a lot that cannot accommodate a 3001[300 square footfoot]1 structure without1that violatingmeets the minimum sideyardsize orpursuant rearyardto setback requirements of paragraph (4)(2) of subsection c.

of section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).bill)1 without violating the minimum sideyard or rearyard setback requirements of paragraph (4) of subsection c.