The "Minimum Yards" specified for the subject zoning district in the schedule entitled "Schedule B Zoning Requirements"[1] as referenced within subsection 35-801.4b, shall be adhered to, provided that any existing yard dimension that is less than a minimum required dimension shall be permitted to remain, but shall not be made less by providing the "Affordable Accessory Apartment."

All "Affordable Accessory Apartments" shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes.

The "Affordable Accessory Apartment" shall be rented only to a household which is either a "low" or a "moderate" income household at the time of occupancy of the unit.

The "Affordable Accessory Apartment" shall, for a period of at least 10 years from the date of the issuance of a Certificate of Occupancy, be rented only to "low" or "moderate" income households.

Rents of "Affordable Accessory Apartments" shall be affordable to "low" or "moderate" income households in accordance with the applicable provisions at N.J.A.C. 5:93-7.4 of COAH's "Substantive Rules," and shall specifically include an allowance for utilities in accordance with N.J.A.C. 5:93-7.4(h).

No more than 10 "Affordable Accessory Apartments" shall be permitted within the Borough of Tenafly.

There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the "Affordable Accessory Apartment" is located running with the land and limiting its subsequent rental to the requirements of paragraph d and e hereinabove.

Each "Affordable Accessory Apartment" 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 "Affordable Accessory Apartment" shall have a separate door with direct access to the outdoors.

The "Affordable Accessory Apartments" shall be affirmatively marketed as "low income housing" to households within the "Northeast Housing Region" consisting of Bergen, Hudson, Passaic and Sussex Counties, in accordance with COAH's "Substantive Rules" and the "Affirmative Marketing Plan" provisions in subsection 35-814.6.

In the case of an existing accessory apartment previously created illegally on the subject property, the owner is entitled to legitimize the accessory apartment as an "Affordable Accessory Apartment" under the terms of this chapter, provided that all of the requirements of this chapter and all related COAH criteria shall apply.