Accessory apartments shall only be permitted in the Affordable Housing Overlay Zones.

Accessory apartments shall be defined as stated under the Borough's Affordable Housing Ordinance.[1]

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

The accessory apartment shall, for a period of at least 10 years from the date of the issuance of the certificate of occupancy for the unit, be rented only to a duly qualified (at the time of initial occupancy) very-low-, low- or moderate-income household based upon a rent level calculated to be affordable to such household in accordance with the criteria set forth in the Borough's Affordable Housing Ordinance;

Affordable rent levels for accessory apartments shall be calculated to include a deduction for tenant-paid utilities (a utility allowance);

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 in accordance with the foregoing requirements for the entire term of the deed restriction;

Each accessory apartment shall have living/sleeping space, a complete kitchen and complete sanitary facilities for the exclusive use of its occupants. It shall consist of no less than two rooms, one of which shall be a full bathroom;

The accessory apartment shall have a separate door with direct access to the outdoors;

The potable water supply and sewage disposal system for the accessory apartment shall be demonstrated to be adequate;

The accessory apartment shall be affirmatively marketed throughout the Borough's housing region; and

In the case of an accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an accessory apartment under this section, all of the requirements of this section shall apply, except that no subsidy shall be provided by the Borough.

The administrative agent shall administer the accessory apartment program including advertising, income qualifying prospective tenants, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory apartment program;

The administrative agent shall only deny an application for an accessory apartment if the project is not in conformance with all of the requirements of the municipal development ordinance, including this section, or the Borough's Affordable Housing Ordinance.[2] All denials shall be in writing with the reasons clearly stated; and

The Borough shall provide up to $25,000 to subsidize the physical creation of an accessory apartment conforming to all applicable requirements. Prior to the grant of any subsidy, the property owner shall enter into a written agreement with Fair Haven Borough insuring that i) the subsidy shall be used only to create the accessory apartment and ii) the apartment shall meet all applicable requirements of the Borough of Fair Haven.

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

Rough elevations showing the modification 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 structures; all property lines; proposed addition if any, along with minimum building setback lines; the required parking spaces for both dwelling units; and any man-made conditions which might affect the proposal.