Harmony Township City Zoning Code
ARTICLE IX
Accessory Apartment Program
§ 525-56 Accessory apartments.
[Amended 12-3-2019 by Ord. No. 19-14[1]]
A.
Accessory apartments. Accessory apartments as defined herein shall be a permitted use in all residential zones of Harmony Township. The following criteria shall apply to the creation of accessory apartments:
(1)
Each new accessory apartment created under the terms of this section shall be deed restricted for occupancy by and affordable to either a qualified low-income household or a qualified moderate-income household, depending upon the extent of the subsidy requested by the owner (i.e., $20,000 for a moderate-income unit and $25,000 for a low-income unit). Said deed restriction shall be applicable for a period of at least 10 years from the date a certificate of occupancy is issued for a new unit in accordance with the terms of the Township's Affordable Housing Ordinance.
(2)
The accessory apartment shall be deed-restricted in accordance with the terms of the Township's Affordable Housing Ordinance, the UHAC Rules and affirmatively marketed in accordance with the terms of the Affirmative Marketing Plan.
(3)
The Board of Health shall certify the adequacy of the existing on-site septic system to accommodate the original dwelling plus the accessory apartment.
(4)
All accessory apartment units shall meet the requirements of N.J.A.C. 5:23-2.4 and 2.5 following the completion of the conversion.
(5)
The property proposed for conversion shall be required to provide parking for the unit in accordance with the Township's parking standards.
(6)
Submissions by applicant.
(a)
An applicant seeking to create an accessory apartment shall submit to the Township and Administrative Agent:
[1]
A sketch of the existing host dwelling floor plan;
[2]
A sketch of the proposed floor plan showing the location, size and relationship of both the accessory apartment and the primary or host dwelling;
[3]
Rough elevations showing the modifications of any exterior building facade to which a change is proposed (i.e., to accommodate a building entrance or new window(s); and
[4]
A site development sketch showing the location of the dwelling and other existing buildings; all property lines; and the required number of parking spaces.
(b)
All plans and elevations shall be clear and concise and drawn to scale of not less than one inch equals four feet for the floor plan(s) and elevation(s) and one inch equals 20 feet for site development plan.
(7)
After the creation of the accessory apartment, the property shall maintain the usual appearance of a single-family detached dwelling and its appurtenant structures and shall remain compatible with the character of the surrounding neighborhood.
(8)
A converted dwelling shall not have more than the existing number of entrances along the front of the building. All new entrances to either the primary (host) or accessory dwelling units shall be located on the sides or rear of the building.
(9)
No new unenclosed exterior stairway shall be allowed on the front of the building.
(10)
No dwelling shall occupy any floor above the second floor, except that existing space above the second floor may be used for storage or sleeping rooms for a second-floor dwelling, provided that all applicable Construction Code requirements are met. No dwelling shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.
(11)
Preexisting unauthorized accessory apartments may be legalized under this section without penalty to the property owner, but with no public subsidy provided, if all of the foregoing criteria as well as the following criteria can be met:
(a)
The unit is currently vacant.
(b)
If the unit is currently in substandard condition, it can be brought up to standard condition before a certificate of occupancy is issued.
(c)
The unit will be affirmatively marketed pursuant to the Township's Affirmative Marketing Plan.
(d)
The unit will be deed restricted for occupancy by and will remain affordable to a qualified affordable household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of the Township's Affordable Housing Ordinance.
[1]
Editor's Note: This ordinance also changed the title of this article from "Development Regulations" to "Accessory Apartment Program."
§ 525-57 Affordability standards.
[Added 12-3-2002 by Ord. No. 02-12]
A.
Applicability. This section establishes regulations applicable to all designated low- and moderate-income housing units in the Township of Harmony and is intended to be consistent with the provisions of N.J.A.C. 5:93 et seq., effective June 6, 1994, and the Fair Housing Act of 1985.
B.
Low-income affordability. Except for inclusionary developments constructed pursuant to low-income tax credit regulations:
(1)
At least 1/2 of all units within each inclusionary development shall be affordable to low-income households.
(2)
At least 1/2 of all rental units shall be affordable to low-income households.
(3)
At least 1/3 of all units in each bedroom distribution pursuant to N.J.A.C. 5:93-7.3 shall be affordable to low income households.
C.
Required bedroom mix.
(1)
The inclusionary developments that are not restricted to senior citizens shall be structured in conjunction with realistic market demands so that:
(2)
Low- and moderate-income units restricted to senior citizens may utilize a modified bedroom distribution such that, as a minimum, the total number of bedrooms provided in senior citizen units equals the number of senior citizen low- and moderate-income housing units within the inclusionary development.
(3)
The number of senior citizens' affordable housing units provided within any inclusionary development shall not exceed 25% of the total number of affordable housing units constructed.
D.
Affordability standards.
(1)
Size and income criteria.
(a)
In conjunction with realistic market information, the following housing size criteria shall be used in determining maximum rents and sales prices:
(b)
Median income by household size shall be established by a regional weighted average of the uncapped Section 8 income limits published by HUD as per N.J.A.C. 5:93-7.4(b).
(c)
The maximum average rent and price of low- and moderate-income units within each inclusionary development shall be affordable to households earning 57.5% of median income.
(d)
Moderate-income sales units shall be available for at least three different prices, and low-income sales units shall be available for at least two different prices.
(e)
For both owner-occupied and rental units, the low- and moderate-income units shall utilize the same heating source as the market units within an inclusionary development.
(f)
Low-income units shall be reserved for households with a gross household income less than or equal to 50% of the median income approved by COAH; moderate-income units shall be reserved for households with a gross household income less than 80% of the median income approved by COAH.
(g)
The regulations outlined in N.J.A.C. 5:93-9.15 and 5:93-9.16 shall be applicable for purchased and rental units.
(2)
For rental units:
(a)
One rent may be established for a low-income unit and one for a moderate-income unit for each bedroom distribution.
(b)
Gross rents, including an allowance for utilities, shall be established so as not to exceed 30% of the gross monthly income of the appropriate household size, per N.J.A.C. 5:93-7.4(a). The utility allowance shall be consistent with the utility allowance approved by HUD for use in New Jersey.
(3)
For sales units:
(a)
The initial price of a low- and moderate-income owner-occupied housing unit shall be established so that after a down payment of 5%, the monthly principal, interest, homeowner's insurance, property taxes (based on the restricted value of the low- and moderate-income unit) and condominium or homeowner fee do not exceed 28% of the eligible gross monthly income.
(b)
Master deeds of inclusionary developments shall regulate condominium or homeowner association fees or special assessments of low- and moderate-income purchasers at 80% of those paid by market purchasers for the moderate-income units and 50% of those paid by market purchasers for the low-income units. These percentages are consistent with the requirement of N.J.A.C. 5:93-7.4(e). Once established within the Master Deed, these percentages shall not be amended without prior approval from COAH.
(c)
The general provisions concerning uniform deed restrictions, liens and enforcement through certificate of occupancy or reoccupancy set forth at N.J.A.C. 5:93-9.3 shall apply.
(d)
A certificate of reoccupancy shall be required for any occupancy of a low- or moderate-income sales unit resulting from a resale, per N.J.A.C. 5:93-9.3(c).
(e)
Municipal, state, nonprofit and seller options regarding sales units shall be consistent with N.J.A.C. 5:93-9.8. Municipal rejection of repayment options for sales units shall be consistent with N.J.A.C. 5:93-9.9.
(f)
The continued application of options to create, rehabilitate or maintain low- and moderate-income sales units shall be consistent with N.J.A.C. 5:93-9.10.
(g)
Eligible capital improvements prior to the expiration of controls on sales units shall be consistent with N.J.A.C. 5:93-9.11.
(h)
The regulations detailed in N.J.A.C. 5:93-9.12-9.14 shall be applicable to low- and moderate-income sales units.
E.
Phasing of development.
(1)
Low- and moderate-income units provided in inclusionary residential developments shall be constructed in accordance with the schedule set forth at N.J.A.C. 5:93-5.6(d):
Minimum Percentage of Low/Moderate Income Units Completed | Percentage of Market Housing Units Completed |
|---|---|
0% | 25% |
10% | 25% + 1 unit |
50% | 50% |
75% | 75% |
100% | 90% |
100% |
(2)
A design of inclusionary developments that integrates low- and moderate-income units with market units is encouraged, per N.J.A.C. 5:93-5.6(e).
F.
Affordability controls. To provide assurances that low- and moderate-income units are created with controls on affordability over time and that low- and moderate-income households will occupy and continue to occupy these units, the Township of Harmony will designate Affordable Housing Management Services (AHMS) with the responsibility of ensuring the affordability of sales and rental units over time. AHMS shall be responsible for those activities detailed in N.J.A.C. 5:93-9.1(a). The developer shall be responsible for the per unit costs of contracting with AHMS.
(1)
AHMS shall utilize the verification and certification procedures outlined in N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income units.
(2)
Newly constructed low- and moderate-income sales units shall remain affordable to low- and moderate-income households for at least 30 years. AHMS shall require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Appendix E at N.J.A.C. 5:93.
(3)
Housing units created through the conversion of a nonresidential structure shall be considered new housing units and shall be subject to thirty-year controls on affordability. AHMS shall require an appropriate deed restriction and mortgage lien subject to COAH's approval.
(4)
Rehabilitated units:
(a)
Rehabilitated owner-occupied single family housing units that are improved to code standard shall be subject to affordability controls for at least six years.
(b)
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
(5)
Rental units:
(a)
Newly constructed low- and moderate-income rental units shall remain affordable to low- and moderate-income households for at least 30 years. AHMS shall require an appropriate deed restriction and mortgage lien subject to COAH's approval.
(b)
Affordability controls in accessory apartments shall be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability shall extend for 30 years.
(c)
Alternative living arrangements shall be controlled in a manner suitable to COAH, that provides assurances that such a facility will house low- and moderate-income households for at least 10 years, except that if the alternative living arrangement is to receive a rental bonus credit pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability shall extend for 30 years.
G.
Affirmative marketing. All newly created low- and moderate-income housing units shall be affirmatively marketed in accordance with the Township's affirmative marketing plan or in accordance with other procedures established by AHMS and approved by COAH. The developer shall be responsible for all costs of advertising, preparation of material, publication, printing and distribution associated with the implementation of the affirmative housing plan.
H.
Designation of inclusionary residential development site. The following site and applicable zone is hereby designated to meet the Township of Harmony's entire affordable housing obligation as outlined in the Housing Element of the Master Plan adopted by the Land Use Board on May 30, 2000:
Site | Zone |
|---|---|
Lot 4, Block 37 | AH |
§ 525-58 Affirmative marketing plan.
[Added 12-3-2002 by Ord. No. 02-12]
A.
Applicability.
(1)
This section shall apply to all developments containing low- and moderate-income housing units in the Township of Harmony.
(2)
An affirmative marketing plan is a regional strategy designed to attract buyers and/or renters of all majority and minority groups within the housing region, regardless of sex, age or number of children, to the affordable housing units created within the Township. The plan prohibits discrimination in the sale, rental, financing or other services related to such housing on the basis of race, color, sex, religion, handicap, age (except for designated senior citizens' units), familial status, family size or national origin.
(3)
The Township of Harmony is located in the northwest housing region of the state (Region 2) which includes Essex, Morris, Union and Warren Counties.
(4)
The developer/owner/seller of the low- and moderate-income housing units shall be responsible for all costs of advertising, preparation of material, publication, printing and distribution associated with the implementation of the affirmative marketing plan.
B.
Required outreach.
(1)
Newspapers/Publications:
(a)
All newspaper articles, advertisements, announcements and requests for applications pertaining to low- and moderate-income housing units shall appear in the following daily regional newspapers/publications:
(b)
All newspaper articles, advertisements, announcements and requests for applications pertaining to low- and moderate-income housing units shall appear in the following weekly newspapers/publications:
[1]
Free Press.
(c)
The primary marketing shall take the form of at least one press release sent to the above publications and a paid display advertisement (at least four column inches) in each of the above newspapers. Additional advertising and publicity shall be on an "as needed" basis.
(d)
The advertisement shall include a description of the:
[1]
Street address(es) of the units;
[2]
Directions to the housing units;
[3]
Number of units currently available;
[4]
Anticipated dates of future available units;
[5]
Number of bedrooms per available unit;
[6]
Range of sales prices and monthly rents available;
[7]
Sizes of available units;
[8]
Income limit information;
[9]
Where and how applications may be obtained, including business hours at each location.
(3)
Applications/Information:
(a)
The following are the locations where applications and information packets to be used as part of the affirmative marketing plan shall be made available;
[1]
Harmony Township Municipal Building;
[2]
Warren County Library (all branches);
[3]
Union County Library (all branches);
[4]
Morris County Library (all branches);
[5]
Essex County Library (all branches);
[6]
Developer's sales office;
[7]
Major employers in the area, including but not limited to the following:
[8]
Churches and houses of worship in the area, including all churches and houses of worship in Harmony, Belvidere, Lopatcong, Pohatcong, Phillipsburg and Alpha.
(b)
Flyers and copies of applications and information packets shall be sent to the following community contract organizations, agencies, officials and departments:
[1]
Warren County Director of Social Services;
[2]
Morris County Director of Social Services;
[3]
Essex County Director of Social Services;
[4]
Union County Director of Social Services;
[5]
Warren County Office on Aging;
[6]
Morris County Office on Aging;
[7]
Essex County Office on Aging;
[8]
Union County Office on Aging;
[9]
Warren County Rental Assistance Office (local DCA office);
[10]
Morris County Rental Assistance Office (local DCA office);
[11]
Essex County Rental Assistance Office (local DCA office);
[12]
Union County Rental Assistance Office (local DCA office);
[13]
Warren County Housing Agency;
[14]
Morris County Housing Agency;
[15]
Essex County Housing Agency;
[16]
Union County Housing Agency;
[17]
Warren County Board of Realtors;
[18]
Morris County Board of Realtors;
[19]
Essex County Board of Realtors;
[20]
Union County Board of Realtors;
[21]
Warren County Community Development Office;
[22]
Morris County Community Development Office;
[23]
Essex County Community Development Office;
[24]
Union County Community Development Office;
[25]
Warren County Department of Human Services;
[26]
Morris County Department of Human Services;
[27]
Essex County Department of Human Services;
[28]
Union County Department of Human Services.
(c)
The following is a listing of community contact person(s) and/or organization(s) that will aid in the affirmative marketing program:
C.
Administration.
(1)
Affordable Housing Management Services (AHMS) shall have the responsibility to income-qualify low- and moderate-income households; to provide for the initial occupancy of low- and moderate-income units with income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan, per N.J.A.C. 5:93-9.1. The Township Clerk is the designated contact person in the Township of Harmony to act as liaison to AHMS.
(2)
Owners and developers of low- and moderate-income housing units shall be required to affirmatively market their affordable units, as provided herein.
(3)
The developer shall arrange with a local lending institution or other third party to offer counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
(4)
In order to ensure a sufficient supply of qualified applicants, the advertising process shall continue until at least 10 income-eligible applicants have applied for each low- and moderate-income unit available or until all of the available low- and moderate-income units within the Township have been sold or rented, whichever occurs first.
(5)
The Township of Harmony shall comply with the monitoring and reporting requirements of N.J.A.C. 5:93-11.6 and 12.1. AHMS shall either submit the appropriate documentation to the Township Clerk so that the monitoring and reporting requirements can be fulfilled or shall submit the monitoring and reporting documentation directly to COAH.
D.
Prequalification and selection.
(1)
Households that apply for low- and moderate-income housing shall be prescreened by AHMS for income eligibility by comparing their total income to the current low- and moderate-income limits adopted by COAH. Applicants will be notified as to their eligibility status.
(2)
Having prescreened applicants for income eligibility, AHMS shall analyze the income and household size of each applicant to determine which of the available low- and moderate-income housing units the applicant is qualified to occupy.
(3)
AHMS shall interview each applicant to verify the applicant's income and review the applicant's credit history. Applicants shall be required to submit income verification for each household member 18 years of age or older. This process shall be utilized in establishing the final certified applicant group.
(4)
If there is more than one certified applicant for an available low- and moderate-income unit, placement shall be made on a first-come/first-served basis, considering the date the application was first received by AHMS.
(5)
The process described above shall begin at least 120 days before the issuance of a certificate of occupancy for an affordable dwelling unit and shall continue until all low- and moderate-income units are occupied and for as long as there are deed-restricted affordable units within the municipality.
(6)
A waiting list shall be maintained by AHMS for the purpose of facilitating the initial sales and rentals and any resales and rerentals after all of the low- and moderate-income units have been initially occupied. AHMS shall update the waiting list annually by contacting prospective applicants and determining their continuing eligibility for and interest in the program.
(7)
Households who live or work within the housing region shall be given preference over households from outside of the housing region for the first 30 days that a unit becomes available. If no qualified households from within the housing region can be found within 30 days, the unit may be sold or rented to a household from outside the housing region.