No more than one accessory apartment unit shall be permitted.

The accessory apartment unit shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.

An accessory apartment unit shall, for a period of at least 10 years from the date of the issuance of a Certificate of Occupancy, be rented only to a very low, low or moderate income qualified household as is defined by applicable Council on Affordable Housing ("COAH") and Uniform Housing Affordability Controls ("UHAC") regulations at the time of initial occupancy of the unit.

Rents of accessory apartment units shall be affordable to very low, low and moderate income households as per applicable COAH and UHAC regulations, or by Court Order, and shall include a utility allowance.

Rent increases shall be in accordance with COAH or Court approved percentages.

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory unit is located running with the land and limiting its subsequent rental or sale within the requirements of paragraphs 2, 3, 4 and 5 above.

Each accessory apartment unit shall have living/sleeping space, cooking facilities, a kitchen sink 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 unit shall have a separate door with direct access to the outdoors.

The potable water supply and sewage disposal system for the accessory apartment unit shall be adequate to service the unit.

During the period in which affordability controls are in place, the accessory apartment unit shall be affirmatively marketed to the housing region in accordance with applicable COAH and UHAC regulations, as well as subsection 22-7.35, Affirmative Marketing of Affordable Housing Units.

Accessory apartment units may be located in an existing accessory building so long as the existing building footprint of the building is maintained. Any additions to a principal or accessory building to accommodate an accessory unit shall conform to the setback requirements for principal buildings in the district.

New freestanding accessory buildings containing accessory apartment units shall conform to the setback requirements for principal buildings in the district.

Accessory apartment units are exempt from bedroom mix requirements in N.J.A.C. 5:93-7.3.

To increase the viability of the Borough's accessory apartment program, and to help subsidize the physical creation of accessory apartment units, the Borough will increase the minimum $10,000 per accessory apartment required by N.J.A.C. 5-93-5.9(a)(2) by providing $25,000 for a moderate income accessory apartment unit, $35,000 for a low income accessory apartment unit and $50,000 for a very low income accessory apartment unit.

All standards and requirements of the zone district, except as modified by this section, shall apply.

The lot must contain a conforming principal dwelling except as otherwise permitted pursuant to subsection 22-7.3, Nonconforming Uses, Buildings and Structures.

The total number of parking spaces required shall be met on site in compliance with RSIS for the principal dwelling and accessory apartment. The accessory apartment parking demand is calculated using the "Garden Apartment" classification. If parking for an accessory apartment is added, screening is required sufficient to minimize the visual impact on abutters, such as evergreen or dense deciduous plantings, walls, fences, or a combination.

Exterior alterations are permitted provided they are in keeping with the architectural integrity of the structure, and the look, character and scale of the surrounding neighborhood as viewed from the street, including, but not limited to, the following considerations:

The administrative responsibilities of the Administrative Agent includes, but is not limited to, advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing the securing certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory unit program.

Applicants for accessory apartment units shall submit required application forms and documentation directly to the Borough's Zoning Officer, who shall transmit application material to the Borough's Administrative Agent. The Borough's Administrative Agent shall only approve an application for an accessory apartment unit if the project is in conformance with applicable COAH and UHAC requirements, the Borough's Zoning Ordinance and Development Regulations, any applicable Court orders or Court approved agreements, and this section. All approvals or denials shall be in writing with the reasons clearly stated.

In accordance with applicable COAH or UHAC requirements, the Borough shall subsidize the physical creation of a very low, low and moderate-income accessory apartment unit in accordance with current COAH and UHAC minimum requirements or such additional amount as determined necessary by the Borough or the Court to create either a low and moderate-income unit meeting COAH and UHAC requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough ensuring that; (1) the subsidy shall be used to create the accessory apartment unit; and (2) the unit shall meet the requirements of this Ordinance and all applicable COAH and UHAC regulations.

Applicants shall submit the same information required for an application for a single family dwelling, along with the following additional requirements:

The Zoning Officer shall process the application in accordance with normal procedures. The issuance of a development permit or any affirmative action by a municipal agency shall be preceded by or conditioned upon approval by the Borough's Administrative Agent pursuant to this section.