[Added 10-20-2020 by Ord. No. 3008-20; amended 1-19-2021 by Ord. No. 3014-21]
Accessory dwelling units shall be allowed in the R-1-4, R-1-5, R-1-7, and R-2-4 Zones as a permitted use. Notwithstanding the foregoing, an ADU shall not be a permitted use on any property that has been designated as historic by the Historic Preservation Commission of the Township of Maplewood unless it complies with all of the requirements set forth herein and receives a certificate of appropriateness, as defined in Township Code § 271-76, from the Township Historic Preservation Commission.
As used in this article, the following terms shall mean:
A group of interrelated rooms that:
Constitutes an entirely self-contained portion of a principal,
one-family dwelling, or is located in an accessory building on the
same lot as a principal, one-family dwelling;
Is owned by the owner of the principal, one-family dwelling;
Contains complete housekeeping facilities for only one family;
Has no cooking facilities, food preparation facilities, sanitary
facilities or enclosed space in common with any other part of the
building and which is located, except vestibules, entrances, porches,
garages, or laundries, heating or air conditioning rooms or equipment;
and
Complies with all building and fire codes.
That portion of a dwelling unit which is either completely
below grade or whose height is at least one half below grade.
An individual designated as such by the Township.
A single unit providing complete independent living facilities
for one or more persons living as a single housekeeping unit that
includes provisions for living, sleeping, eating, cooking and sanitation.
An individual designated as such by the Township.
The sum of the gross horizontal areas of the residence's
floors, excluding garage areas, existing accessory structures, and
cellar floor areas. The gross horizontal areas shall be measured from
the outside walls of the residence, without deducting for hallways,
stairs, closets, thickness of walls, columns or other features.
A natural person only and not a corporation, partnership
or other similar legally constructed entity.
The original living unit in the residence constituting the
space on whose size the ADU was created.
The lot on which the existing one-family residence is sited.
An existing, detached one-family residence.
An individual designated as such by the Township.
A.
One ADU shall be a permitted use in any residence or in any garage
or accessory structure on the property lot located in the R-1-4, R-1-5,
R-1-7 or R-2-4 Zone in the Township, if the Zoning Officer finds that
the following conditions have been met:
(1)
The residence for which the permit is sought shall be a detached
one-family residence.
(2)
Either the ADU or the primary dwelling unit shall be the domicile
of the person(s) who own(s) the property lot.
(3)
The ADU shall be occupied as a residence by no more than three persons.
(4)
In no case shall the ADU be more than 40% of the living area of a
principal dwelling unit, no more than 800 square feet, nor less than
300 square feet, nor have more than two bedrooms.
(5)
An ADU may not be situated or contained within a cellar.
(6)
The sanitary disposal system for the residence, either existing or
as modified to accommodate the ADU, shall be inspected and approved
by the Construction Official.
(8)
There shall be no more than one accessory dwelling unit per lot.
(9)
The accessory dwelling unit shall be used only for residential purposes
for one family.
(10)
If the accessory dwelling unit is fully handicapped accessible
under New Jersey's Barrier Free Sub Code, the property shall be granted
an increase of 5% of the total maximum floor area allowed which can
be applied either to the principal dwelling or to the accessory dwelling
or both.
(11)
No balconies or decks shall be associated with an accessory
dwelling unit.
(12)
An accessory dwelling unit that is attached to the principal
single-family dwelling shall utilize the same exterior materials and
colors as the principal single-family dwelling. The ADU shall preserve
the physical housing stock and the architectural and landscaping character
of residential neighborhoods.
(13)
There shall be no external entrance that faces a street and
that is separate from any other external entrance to any building
on the same lot facing the same street.
A.
An accessory dwelling unit (ADU) may not be created until the Zoning
Officer determines that it meets the following requirements for designation:
(1)
The applicant for an ADU must fill out an application for a zoning
review on a form prescribed by the Township Zoning Division in the
Department of Community Development. The application shall include
pertinent data such as the names and addresses of the owners, and
an identification, by street number and lot and block designation,
of the residence involved.
(2)
The application shall be accompanied by a current survey of the property,
prepared by a licensed engineer or land surveyor, depicting the boundaries
of the lot and all existing structures and improvements on the property.
(3)
The application shall also be accompanied by a proposed floor plan
which shall be drawn by a licensed architect or engineer, if reasonably
required by the Construction Official, depicting all proposed interior
and exterior changes to the residence and ADU, including the relation
of the ADU to the primary dwelling unit, the location of any proposed
additional exterior doors, and any proposed modifications to the existing
sanitary disposal system. All proposed changes and/or additions must
comply with the Uniform Construction Code (UCC).[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(4)
Within 10 business days of when the application for an ADU is complete,
the Zoning Officer shall schedule a meeting with the applicant. Within
10 business days of the meeting with the applicant, the Zoning Officer
shall render a final decision and notify the applicant by regular
mail and email whether the proposed ADU may be deemed permitted.
A.
If the Zoning Officer approves the proposed ADU, the applicant must
commence construction within 120 days of the Zoning Officer's determination,
or the Zoning Officer may revoke the permit.
B.
If the Zoning Officer denies the proposed ADU, the applicant may
appeal the decision of the Zoning Officer to the Township Zoning Board
of Adjustment within 45 days of the receipt of the denial from the
Zoning Officer. Thereafter, the appeal shall be deemed untimely.
C.
An applicant unable to commence construction of an ADU within 120
days of the Zoning Officer's determination may appeal to the Zoning
Officer for an extension of the designation in excess of 120 days
for good cause shown.
D.
Construction of the ADU must be completed within 180 days of the
issuance of the ADU permit. The Construction Official may grant reasonable
extensions based upon extraordinary circumstances.
A.
On or before January 1 of every year, starting with the first January
following the issuance of the initial certificate of occupancy for
an ADU, the property owner to whom the certificate of occupancy was
issued shall file a sworn affidavit in the form prescribed by the
Township Department of Community Development, stating that there has
been no change in the conditions upon which the ADU was originally
approved and that the owner resides in either the primary residence
or the ADU.
B.
If the owner of the property lot fails to file any affidavit as herein
required, the certificate of occupancy issued for the ADU shall automatically
be revoked within 20 days, and the Construction Official shall so
notify the lot owner, in writing, of the revocation. The failure to
file the required affidavit shall result in a fine of $500.
C.
Any continued occupancy of the ADU following notice of revocation
of the certificate of occupancy shall subject the owner of the property
lot to a fine of $500 for the first 30 days in which the ADU continues
to be occupied. Thereafter, the fine shall be $500 per day for each
day that the ADU continues to be occupied.
A.
The applicant constructing an approved ADU must comply with all existing
procedures established by the Construction Division in the Department
of Community Development regarding applications, permits, fees, and
inspections, except that the applicant must schedule a final inspection
with the Construction Official and the Fire Official within 20 days
of when construction of the ADU is complete.
B.
The Construction Official and Fire Official shall conduct a physical
inspection of the primary dwelling unit and the ADU to determine whether
the construction complies with the terms on which the approval was
given. If the Construction Official and Fire Official determine that
the construction complies with Township ordinances and the Uniform
Construction Code,[1] (s)he shall issue a certificate of occupancy for the ADU
upon the payment of a fee of $100.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
A.
If the owner of a property lot in which an ADU is permitted transfers
title to the property lot, the new owner shall apply, as herein, for
a certificate of continued use of the ADU upon the terms and conditions
contained herein. Such new application shall be filed within 60 days
of the transfer of the property.
B.
Upon the Construction Official determining that there have been no
changes in condition, the Construction Official shall issue a new
certificate of continued use for the ADU upon the payment of a fee
of $100.
C.
An ADU may not be sold independently of the primary residence.
D.
When listing the property for sale with an approved ADU, the owner
of the property shall disclose to all prospective buyers that the
property contains an approved ADU. The Township shall confirm same
on the certificate of continued use.
The Construction Official and Fire Official shall have the right
to conduct inspections to determine compliance with the provisions
of this article.
The New Jersey Law Against Discrimination shall apply to this
article and to all ADUs within the Township of Maplewood.
The creation, maintenance or occupancy of any ADU other than
in accordance with the provisions of this article shall constitute
a violation of this article and shall be punishable to the property
owner by a fine of $500 per day.
