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Bayonne council adopts resolution opposing state bill to permit ADUs as of right
Summary
The council voted to oppose proposed New Jersey legislation that would require municipalities to permit accessory dwelling units (ADUs) 'as of right,' citing loss of local land-use control and concerns about parking, infrastructure and fire safety.
The Bayonne City Council on May 14 adopted a resolution opposing pending New Jersey legislation that would broadly permit accessory dwelling units (ADUs) "as of right," saying the bill would curtail municipal zoning authority and raise practical safety and infrastructure concerns.
Council members reviewed a summary from the New Jersey State League of Municipalities read at the meeting, which said the proposed bill would require municipalities to permit ADUs on single- and two-family lots, set a 300‑square‑foot minimum for an ADU, eliminate local restrictions on off‑street parking and limit municipalities’ ability to deny ADUs on zoning grounds. The summary also said municipalities would have 90 days to adopt an ordinance implementing the statute if enacted.
City staff and Director Skilnor told the council the measure would remove local control over use and zoning, potentially letting small backyard structures be converted to habitable units without local veto. Council members raised concerns about ventilation and egress in small structures, parking impacts, sewer and utility capacity, and whether the state standard would be workable in a dense, urban setting like Bayonne.
Council members stressed they were not opposing the goal of increasing housing supply but said the bill’s statutory design would limit local ability to address safety, infrastructure and parking impacts. One council member described the legislation’s execution as problematic even if the policy intent was well-meaning.
The council moved from the usual letter-of-support practice to adopt a formal resolution of opposition, and the council recorded its vote in favor of CR8. Staff said the resolution and League materials will be used to inform the city’s communication with state lawmakers.
The council did not take any binding land-use action on local zoning tonight; the resolution is a policy statement intended for state-level advocacy and does not change local ordinances.
