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Bergenfield, NJ Accessory Structures: ADU Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

ADU rules in Bergenfield, NJ, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Governing section
Borough Code § 186-63.25
Program cap
10 creditable accessory apartments
Floor area limit
Cannot exceed principal dwelling's area
Subsidy
$25,000 low- / $20,000 moderate-income unit
Permit fees
Waived for qualifying units
Bedroom count
Not restricted by the program

Summary

Bergenfield permits accessory apartments as part of its affordable-housing program under Borough Code § 186-63.25, but only where the underlying Zoning Ordinance allows the use in that district and the unit is affordable to a low- or moderate-income household. No more than 10 citywide count toward the program, and the unit cannot exceed the principal dwelling's floor area.

ACCESSORY APARTMENT A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site. ... (1) Accessory apartments as may be permitted pursuant to the Bergenfield Zoning Ordinance for various zoning districts, provided the units are affordable to low- and moderate-income households. ... (8) No accessory apartment created as a result of this article or these regulations shall exceed the gross floor area of the existing principal dwelling on the lot. (9) Municipal building permit fees shall be waived in all cases involving affordable accessory apartment development under this section.

Full Breakdown

19 as a self-contained dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance created within an existing home, through conversion of an existing structure, by an addition, or by building a new accessory structure on the same lot. 25 folds accessory apartments into the Borough's Mount Laurel/Fair Housing Act compliance mechanism: the unit is permitted only where the Bergenfield Zoning Ordinance already allows an accessory apartment in that district, and it must be affordable to a low- or moderate-income household. No accessory apartment created under this article may exceed the gross floor area of the existing principal dwelling on the lot, though the program places no cap on the number of bedrooms inside it.

Before a unit is created, the appropriate utility authority must certify sufficient water and sewer capacity, or, for a well/septic lot, that added capacity meets NJDEP standards. The Borough is capped at crediting no more than 10 accessory apartments toward its fair share obligation, and must pay a subsidy of at least $25,000 per low-income unit or $20,000 per moderate-income unit created. Municipal building permit fees are waived for a qualifying unit, though an annual license and inspection fee may still apply. An owner applying to create one submits a floor plan sketch, exterior elevation drawings showing any facade changes, and a site development sketch showing property lines, the proposed addition, minimum building setbacks and required parking to the Borough's designated administrative agent.

Violations & Fines

An application can be denied only if the accessory apartment does not conform to COAH's requirements or § 186-63.25 itself, and every denial must be in writing with the reasons clearly stated. Beyond the housing-program terms, Chapter 186's general zoning penalty at Borough Code § 186-114 applies: up to a $500 fine or 90 days' imprisonment per violation, with each day a violation continues after a 10-day notice to cure counting as a separate offense.

Frequently Asked Questions

Can I build an accessory apartment anywhere in Bergenfield?
Only where the Bergenfield Zoning Ordinance already permits an accessory apartment for that district, and only as part of the Borough's affordable housing program under § 186-63.25. The unit must be rented to a low- or moderate-income household, so a market-rate in-law suite outside the program is not authorized by this section.
Is there a size limit on an accessory apartment?
Yes. Under § 186-63.25A(8), no accessory apartment created under this article may exceed the gross floor area of the existing principal dwelling on the lot. The program does not, however, limit how many bedrooms the unit contains.
Do I need to pay building permit fees?
No. Section 186-63.25A(9) waives municipal building permit fees for accessory apartments created under the affordable housing program, though an annual license and inspection fee may still be charged to the unit owner once it is occupied.

Sources & Official References

Other rules in Bergenfield

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How Bergenfield compares: Easiest Cities to Build an ADU·Compare Bergenfield to another location·View the New Jersey accessory structures overview

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