Aging in Place (ADU’s), Mother/Daughter, Lofts Are Currently Illegal in Berkeley Heights

And That Doesn’t Make Sense

Some would say NJ is in a housing crisis.  Some would say it’s a self-inflicted wound of high taxes and high cost of living that are irreversible while affordable housing was the construction industry’s wet dream of an answer.

Additional Dwelling Units were another answer.  ADUs are a zoning allowance for a second, usually separate unit to the main home on a lot. This is commonly seen as a loft above the garage or mother/daughter suites.

As it stands now, those types of arrangements are not allowed in Berkeley Heights.  The new master plan was supposed to have language modernizing this type of allowance.  Unfortunately, that didn’t happen.

ADUs were to address two issues: illegal lofts/construction workarounds and provide a logical Aging-in-Place option for family members.

To leverage extra space above a garage or increase property value, builders would renovate a home and, if desired, add a loft or suite with its own bath and kitchen but omit things like a sink or stove.  Deeming the unit technically incomplete, the old zoning official would approve this.

Though that official has since been retired, the practice is still unregulated and likely happening. An updated ordinance creating legal but regulative means to designing ADUs would allow lower cost options for seniors to age in place. Maplewood for instance, requires the owner of the property to occupy one of the units and must not be for commercial use (this would include renting). 

This, of course, would provide alternatives to affordable housing development and shift the construction to smaller builders who follow code and whose projects are lower impact.

It is a popular and cost effective option for families: parents may remain close to family, children or grandparents can remain at home but in their own space. I’ve personally known people who grew up in Berkeley Heights, move away and then have applied for affordable housing in town only to be rejected.

Unfortunately, some sitting Republicans made it a political issue by saying it invites a low income rental market. However, given the data from existing ADUs in successful towns and ordinance language that address this, (Maplewood or Montclair) the highly regulated allowance has given seniors in those towns a new pep in their step when having alternatives to the average retirement home.

NJ Senate has also considered legislation providing for all towns to allow ADUs. The bill S345 would require towns to create ordinances allowing Additional Dwelling Units. I will cover the bill in future articles but you can take a look at it here.

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