East Hanover Township amends accessory apartment ordinance

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Following a public hearing at its monthly meeting Monday, the East Hanover Township Board of Supervisors unanimously agreed to adopt a zoning ordinance to alter regulations on attached and detached accessory apartments, as well as update nonconforming use rules and further define terms and fence regulations.

Marvin Smith of the planning commission said the ordinance replaces existing language regarding “Elder Cottage Housing.” He said the old language was too restrictive, placing limitations on how the inhabitant could be related to the homeowners, the person’s age, and requiring homeowners to tear down the structure after it was no longer inhabited.

Accessory apartments, Smith explained, are not intended to be rented out. In order to satisfy the new ordinance’s requirements, homeowners must reside in the home or accessory unit, the apartment must house no more than two people, and the apartment must meet size requirements, ranging from 200 square feet to 1,200 square feet.

Plans for accessory apartments must receive a special exception, granted by the zoning hearing board, and meet other requirements including providing off-street parking, sewer and water requirements if applicable, and lot size requirements.

Though homeowners are no longer necessarily required to demolish these accessory apartments upon the planned resident no longer living there, they cannot house another person in the apartment without receiving another special exception. However, Smith said, homeowners could use the apartment for storage, for instance.

Also included in the ordinance is new language concerning nonconforming lots, or existing developments that do not follow current zoning requirements. These structures may have been built prior to the establishment of zoning requirements.

With the old ordinance, Smith explained, the owner of a nonconforming structure was not permitted to demolish and reconstruct the building.

This update allows property owners to partially or completely replace nonconforming structures by right as long as new nonconformities are not created, new structures contain the same building footprint, dwelling units, and max amount of stories, and the permit process is followed.

Property owners would still need to obtain special exception approval from the zoning hearing board if a reconstruction would exceed the original floor area, exceed the amount of dwelling units, or be located outside the building’s original footprint.

The ordinance also redefines several terms and lays out rules for fencing, walls, and hedging, which Smith said were previously under-described. The previous ordinance, Smith said, prohibited fences over 30 inches, whereas the new ordinance details the allowed lengths in various zoning districts and along different portions of a property, as well as describing limits on materials and setbacks.

Supervisors also heard from resident Rodney Eckenrode, who voiced concerns about biosolids being spread on local farms. He said farms on both sides of state Route 934 spread biosolids throughout the year, which he said he worries are also contaminating nearby streams. He said his DEP contact has told him he isn’t allowed to enter the property without permission.

“We all know the dangers of these biosolids; I mean, they spread them over here on our road and literally for two months, we’ll be coughing and hacking, you wake up, your eyes are burning, your throat is burning,” said Eckenrode. “It gets in our house, it gets in our clothes, we can’t get away from it. The PFAs that are being transmitted into the food chain are unbelievable.”

Township manager Erik Harmon explained that the level of regulation on biosolids depends on their quality, and the township is preempted from regulating biosolids as they are regulated by the state.

“I think we would love to help you, except for the fact that we’re not legally able to,” said Harmon. He suggested concerned residents send letters to legislators.

Supervisor Ed Heagy voiced frustration with existing regulations on biosolids and encouraged Eckenrode to reach out to DEP for more information and talk to legislators about the issue. Heagy offered to make contact on the topic.

In other news, supervisors:

• Heard from Smith regarding a possible update to agricultural zoning, which would split agricultural plots into ag and ag transition zones, with more uses permitted in ag transition. This, he said, would allow the township to be more strict in uses permitted on ag-zoned land.
• Heard that the draft 2026 budget expects $1,238,240 in revenues and $1,121,590 in expenditures, and $84,240 and $82,474 in sewer revenues and expenditures respectively. No tax or sewer increase is planned.
• Unanimously agreed to send a letter to legislators voicing concern about data centers and the desire for the local government to be able to regulate this use.
• Heard that the annual Apple Cider Festival at H.M. Levitz Memorial Park raised $4,558 for the park, and heard that some unused products from the event will be saved for volunteers over the next year.

Read More: Despite drizzle, Apple Cider Festival draws guests to Levitz Memorial Park

• Heard that a resident has requested a speed study on Route 934.
• Unanimously approved minutes and payment of bills.

The East Hanover Township Board of Supervisors meets the fourth Monday of each month at 7:30 p.m. These meetings are open to the public and do not require prior registration.