Bill
A 4370
Allows ADUs as-of-right in single-/two-family zones statewide, restricts parking/occupancy rules, and mandates ministerial 60-day approvals to boost housing supply.
Note on source documents and inconsistency
- The bill header supplied (A-4370) carries the short title “Designates a portion of the state highway system as the Trooper Edward L. Cunningham Memorial Bridge.”
- The full text included with your request, however, is a different measure: an “Introduced Version” that would add statewide rules on accessory dwelling units (ADUs) to municipal land-use law. Because the attached legislative text is substantive and complete for the ADU measure, this summary treats that ADU text as the primary content of A-4370A while noting the apparent title/label discrepancy.
Summary — purpose and intent
- The attached bill establishes statewide standards to authorize accessory dwelling units (ADUs) in single‑family and two‑family residential zones. Its purpose is to expand affordable and accessory housing options by requiring municipalities to allow ADUs as-of-right under specified conditions, limit local restrictions, and streamline approval procedures.
Key provisions and changes
- Definitions: An “accessory dwelling unit” is a second dwelling unit (attached/detached or within/appurtenant to the primary home) on the same lot with independent living facilities (sleeping, cooking, sanitation).
- As‑of‑right authorization: Municipalities must adopt or amend land‑use rules to permit ADUs on lots with an existing or proposed primary dwelling located in zones permitting single‑ or two‑family homes.
- Prohibited local requirements: Municipal ordinances may not require:
- a passageway connecting ADU and primary unit;
- an exterior door on an attached ADU;
- more than one off‑street parking space for an ADU (on‑street parking counts; no parking required if within 1/2 mile of public transit);
- familial, marital, employment, or minimum‑age relationships between occupants of the two units;
- separate utility billing where utilities are otherwise connected;
- minimum floor area greater than State Uniform Construction Code minimums; or
- periodic permit renewals for ADUs.
- Permitting and timing: ADU applications must be treated as ministerial approvals (no public hearing). Municipal agencies must decide within 60 days on a complete application; failure to act results in deemed approval (unless the applicant agrees to toll the deadline).
- Building codes and other limits: ADUs remain subject to the State Uniform Construction Code and other applicable building code requirements. Municipalities may prohibit or limit short‑term/vacation rentals of ADUs. Approval for ADUs using private sewer systems may not be unreasonably withheld.
- Utilities and fees: ADUs are not considered a new residential use for water/sewer connection fees or capacity charges unless the ADU requires a new/separate utility connection or is constructed concurrently with a new single‑family home.
- Parking structures converted to ADUs: If a garage/covered parking is removed or converted to create an ADU, the municipality may not require replacement of those off‑street spaces.
- Owner‑occupancy: Municipalities may include an owner‑occupancy requirement but cannot mandate which unit (main or accessory) the owner must occupy.
Who would be affected
- Homeowners: Expanded ability to create ADUs (rental income, housing family/ caregivers).
- Renters: Increased supply of lower‑cost units in established neighborhoods.
- Municipalities: Required to revise zoning ordinances to conform; limited discretion to impose additional ADU standards; must process ADU applications ministerially within 60 days.
- Utilities and service providers: Limits on assessing connection or capacity fees for ADUs except in specified cases.
- Developers/homeowners converting garages or building detached ADUs: streamlining of permitting and parking rules.
Procedural and timeline notes
- Introduced in the Assembly: May 16, 2024; referred to Assembly Housing Committee.
- Later referrals and actions: Referred to Transportation (2/4/2025); combined with A2792/2489 (ACS) on 2/10/2025; amended and recommitted to Transportation and printed as A-4370A on 5/7/2025.
- Sponsor: Assemblyman David McDonough (primary).
- Related/companion bills: S-2347 and S-291 (senate companions); prior‑session bills A-7223, A-9522 listed.
Bottom line
- The attached A-4370A text would make ADUs broadly permitted as‑of‑right in single‑ and two‑family zones across New Jersey, restrict certain municipal requirements, and create a 60‑day ministerial approval deadline — measures intended to increase housing supply and simplify homeowner creation of accessory units. Note that the document header indicating a memorial bridge designation appears inconsistent with the substantive ADU text provided.
Compiled from official sources — confirm details with the bill’s official record.
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