Governor’s Executive Budget package

Transit Oriented Development Proposal – A.9006/S.8006 – Part EE

In addition to the ADU proposal, the Governor’s proposed budget would also impose a uniform transit oriented development (TOD) mandate by requiring cities, villages, and towns to permit development of at least 25 dwelling units per acre on any residentially-zoned (or un-zoned) land located within one-half mile of

  1. any New Jersey Transit, MTA, Metro-North, or Port Authority rail station located between one-half mile and 60 miles from New York City,
  2. any bus stop or station with designated parking for riders located between one-half mile and 60 miles from New York City, and
  3. any Long Island Railroad station not located within New York City.

Cities, villages, and towns would not be permitted to enact regulations that “effectively prevent” the development of 25 dwelling units per acre.  Moreover, cities, villages, and towns would be required to amend their comprehensive plans and local land use regulations to conform to this density requirement.

Accessory Dwelling Units – A.9006/S.8006 – Part AA

As part of the FY 2023 Executive Budget, Governor Hochul proposed amending State law to impose a statewide land use regulation allowing accessory dwelling units (ADUs) to be constructed on any property on which single-family and multifamily residences could be developed.

Specifically, the Governor’s proposal would require cities, villages, and towns to enact local land use regulations that provide for the creation and occupancy of ADUs.  Local governments would be able to:

  1. Designate area(s) within the municipality where ADUs are permitted, except that ADUs would have to be allowed on (a) any property zoned for single-family and multifamily residential use and (b) all pre-existing non-conforming residential use property; and
  2. Impose reasonable ADU standards, including but not limited to, height, landscape, architectural review, and maximum unit size standards, so long as such standards (a) do not “unreasonably restrict the creation” of ADUs and (b) comply with minimum and maximum floor area and square footage requirements established by the State law.

Local governments would not be able to impose parking requirements for ADUs except where the immediately adjacent street(s) does not permit year-round on-street parking and the ADU is more than one-half mile from public transportation, in which case the local government would be able to require one off-street parking space per ADU.  Moreover, if a garage, carport, or covered parking structure were (a) demolished in conjunction with the construction of an ADU or (b) converted to an ADU, then the local government would not be permitted to require replacement of the lost off-street parking spaces.

In addition, the Governor’s proposal would prohibit local governments from allowing ADUs to be rented out for terms shorter than 30 days, notwithstanding any previously enacted local regulation allowing such short-term rentals.