Accessory apartments are permitted by the Zoning Ordinance in the B-1 district, provided the units are affordable to low- and moderate-income households. Accessory apartments may be developed as low-income or moderate-income units (accessory apartments may be limited to only low- or only moderate-income units as determined by the Borough’s affordable housing regulations).

Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.

At the time of initial occupancy of the unit and for at least ten (10) years thereafter, the accessory apartment shall be rented only to a household which is either a low- or moderate-income household and shall be administered consistent with the Borough’s affordable housing regulations.

All costs associated with administration and affirmative marketing shall be borne by the developer, as set forth in the Borough’s affordable housing regulations.

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental or sale of the unit and the accessory apartment.

The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.

The Borough of Avalon accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.

No accessory apartment created as a result of this section or these regulations shall exceed the gross floor area of the existing principal dwelling on the lot.

Municipal building permit fees shall be waived in all cases involving affordable accessory apartment development under this section. An annual license and inspection fee, if required, shall be paid by unit owners.

The Borough of Avalon shall provide at least thirty thousand ($30,000) dollars per unit to subsidize the creation of each very low-income accessory apartment, twenty-five thousand ($25,000) dollars per unit to subsidize the creation of each low-income accessory apartment, or twenty thousand ($20,000) dollars per unit to subsidize the creation of each moderate-income accessory apartment. Subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates.

All accessory apartments shall be constructed on site.

All accessory apartments be in conformance with the requirements of the New Jersey Fair Housing Act. N.J.S.A. 52:27D-301 et seq. (“FHA”); applicable regulations of the New Jersey Council on Affordable Housing (“COAH”); applicable requirements of the Courts of the State of New Jersey; and all applicable regulations on affordability controls and other regulations of the New Jersey Housing and Mortgage Finance Agency (“NJHMFA”) including, without limitation, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. (“UHAC”).

All costs associated with administration and affirmative marketing shall be borne by the developer, as set forth in the Borough’s affordable housing regulations.

A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;

Rough elevations showing the modifications of any exterior building facade to which changes are proposed; and

A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units; and any man-made conditions which might affect construction.