The residence for which the permit is sought shall be a detached single-family residence.

The ADU shall be used only for residential purposes for single families.

There shall be no more than one ADU per lot.

Either the ADU or the PDU shall be the domicile of the person(s) who own(s) the property lot.

The total floor area of an attached ADU shall not exceed 40% of the floor area of the PDU, up to a maximum floor area of 800 square feet, whichever is greater, except that ADUs that are restricted to occupancy by low- and moderate-income families in accordance with the requirements of the Uniform Housing Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq. or successor regulations, shall not exceed 50% of the floor area of the PDU, or 1,200 square feet, whichever is greater. In addition to the foregoing, if the accessory dwelling unit is fully handicapped accessible under New Jersey's Barrier Free Subcode, the property as a whole shall be granted an increase of 5% of the total maximum floor area allowed, which can be applied either to the PDU or to the ADU, or both.

To qualify for the increased total floor area as stated in § 33-56(e) as an ADU to be used for low- and moderate-income families, applicants must file a deed restriction on the property on which the ADU is located in accordance with the requirements of N.J.A.C. 5:80-26.11 and Attachment 2[1] of these Development Regulations, for the time periods stated therein.

Applicants must provide mathematical computations of the "floor area" for both units on the plot plans, and these calculations must be taken from the exterior dimensions of the outside walls. The computation of floor area includes the total area of all of the stories of all structures on the lot, measured from the outside faces of the exterior walls or from the exterior roof edges where the structure has no walls and including the following, although not by way of limitation: interior balconies and mezzanines, roofed and/or enclosed areas such as sheds, barns, garages, and carports.

Total floor area of a proposed garage attached to a detached ADU shall not exceed the allowable combined square footages otherwise allowed on the lot or unless a variance is obtained.

Detached ADU are limited to 24' in height.

Setbacks of at least 4' from the side and rear lot lines is required for an ADU that is being constructed above a permitted detached accessory structure. The setbacks only apply to the added space above the accessory structure and the ADU can be constructed wholly or partly above the accessory structure, including extending beyond the accessory structure walls.

All newly constructed ADUs must comply with the required front and exterior side yard setbacks and a minimum side and rear setback of 4' (except any required fire setbacks).

Any garage, carport, patio, or other accessory structure(s) attached to an ADU are subject to the regular setback and height regulations of the Zoning Ordinance.

An ADU attached to the primary residence must comply with the required main building setbacks.

An ADU shall provide one parking space. The parking space shall be located within the setbacks and in an existing driveway as tandem parking.

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 or their designee, and shall meet all requirements of the current New Jersey Uniform Plumbing Subcode.

If the ADU is fully handicapped accessible under New Jersey's Barrier Free Subcode, 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.

No balconies or decks shall be associated with an ADU.

An ADU that is attached to the principal single-family dwelling shall utilize the same exterior materials and colors as the principal single-family dwelling.

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.

The ADU shall be used in a manner consistent with Chapter 23, Lodging Places Other Than Hotels/Motels, of the Township Code.

The ADU as proposed shall comply with all existing Township ordinances, zoning ordinances, and the New Jersey Uniform Construction Code.

The applicant for an ADU must fill out an application for a zoning review on a form prescribed by the Zoning Officer. 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.

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, with all existing and proposed setbacks and coverage calculations.

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 New Jersey Uniform Construction Code.

Within 10 business days of when the application for an ADU is complete, 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.

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 Building Department, 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.

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.

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.

The applicant constructing an approved ADU must comply with all existing procedures established by the Building Department 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.

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 New Jersey Uniform Construction Code, they shall issue a certificate of occupancy for the ADU upon the payment of a fee of $100.

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 requirements contained herein. Such new application shall be filed within 60 days of the transfer of the property.

Upon the Construction Official or their designee 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.

An ADU may not be sold independently of the primary residence.

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 Teaneck.