Accessory apartments shall be permitted in all zones located in the Borough and shall be subject to the bulk and yard requirements of the zone in which the unit is located.

There shall be water and sewer infrastructure available to serve any proposed accessory apartment.

An accessory apartment shall consist of no fewer than two rooms, one of which shall be a full bathroom, and shall contain a living space, sleeping space, cooking facilities, a kitchen sink, and complete sanitary facilities for the exclusive use of its occupants.

Each accessory apartment shall be served by a separate entrance that provides direct access to the outdoors.

Accessory apartments shall comply with all other applicable statutes and regulations of the State of New Jersey and shall be constructed in accordance with all applicable building codes.

Accessory apartments shall be exempt from the required bedroom mix governing the provision of affordable housing as permitted in N.J.A.C. 5:93-5.9.[1]

Each accessory apartment shall be affirmatively marketed to the region in accordance with N.J.A.C. 5:93-11.1[2] and the Borough's Affirmative Marketing Plan.

The Borough shall provide a subsidy for accessory apartment program of $25,000 for a moderate-income unit, $35,000 for a low-income unit and $50,000 for a very-low-income unit to subsidize the creation of each accessory apartment. Such subsidy may be used to fund actual construction costs or to provide compensation for the reduced rental rates needed to ensure the affordability of the unit. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough to ensure that: i) the subsidy is used to create the accessory apartment; and ii) the apartment meets requirements of this section and all applicable regulations governing accessory apartments in effect at the time of creation.

Affordability controls shall be established for each accessory apartment created in accordance with the provisions of this section. Such affordability controls shall remain in place for a minimum of 10 years and shall be included in a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located. Such deed or declaration of covenants shall run with the land and limit the subsequent rental or sale of the unit so as to ensure the continued affordability of the unit until the expiration of affordability controls.

Accessory apartments shall maintain affordability for either moderate- or low-income households in accordance with applicable regional income limits. The maximum rent for accessory apartments, inclusive of the cost of utilities, shall be affordable to households earning no more than 60% of area median income. Accessory apartments for very-low-income households shall be affordable to households earning no more than 50% of area median income. Accessory apartments for very-low-income households shall be affordable to households earning no more than 30% of area median income. The rents of accessory apartments shall be based on the number of bedrooms in accordance with N.J.A.C. 5:80-26.4.

The rents of all accessory apartments, inclusive of utilities, created through the Borough's accessory apartment program shall be distributed such that the average rents do not exceed 57.5% of median income. The average affordability of accessory apartments within the Borough shall be verified and maintained by the Borough's administrative agent.

Accessory apartments may be age-restricted provided that each age-restricted accessory apartment is applied toward the Borough's age-restricted cap. Any accessory apartment may be deemed ineligible to be age-restricted by the Borough if the Borough's age-restricted cap has been met.

The Borough of Manasquan shall administer or designate an administrative entity to administer the Borough's accessory apartment program. The administration of the accessory apartment program shall include advertising and affirmatively marketing the accessory apartments, completing income qualification activities for prospective renters, determining monthly rents and annual rental increases, maintaining a waiting list, distributing the subsidy used to create or maintain the affordability of the accessory apartments, securing certificates of occupancy, qualifying properties for the appropriateness of accessory apartments, administering the application process, filing deed restrictions and/or covenants, ensuring the average affordability of the Borough's accessory apartment program, and preparing and filing monitoring reports as required.

The Borough shall only deny an application for an accessory apartment if the project does not conform to applicable state affordable housing provisions, the Borough's development ordinance, or this section. All application denials shall be in writing and shall clearly state the reason(s) for denial.

Applicants seeking to create an accessory apartment shall submit the following to the Borough:

If any provision of this section is determined to be invalid by a court of competent jurisdiction, then such provisions shall be severed and the remaining provisions of this section shall continue to be valid.