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 and are subject to all applicable provisions of § 348-11.3 exclusive of § 348-11.3E which requires specific bedroom distributions. The Township's accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.

The affordable accessory apartment shall be rented only to a household which is either a low- or moderate-income household at the time of initial 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 as stated in N.J.A.C. 5:80-26.1 et seq.

The maximum number of affordable accessory apartments to be developed in the Township under the provisions of this section shall be 10.

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 or sale within the requirements of Subsections C and D.

The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.

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 a private entrance.

There shall be a minimum of two on-site parking spaces provided exclusively for the affordable accessory apartment. These spaces will be in addition to the number of required spaces for the existing residential dwelling unit.

No accessory apartment created as a result of this section or these regulations shall exceed the gross floor area of the existing principal dwelling on the lot.

The affordable accessory apartment program shall be affirmatively marketed in accordance with the provisions of N.J.A.C. 5:80-26.15.

In the case of an affordable accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an affordable accessory apartment under this section, all criteria set forth in the section shall apply, except that no subsidy shall be provided by the Township of Toms River.

The AH administrator shall be responsible for all administrative aspects of the affordable accessory apartment program, including advertising, income qualifying prospective renters, 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, monitoring reports and affirmative marketing.

The AH administrator shall only deny an application for an affordable accessory apartment if the project is not in conformance with COAH's requirements and/or provisions of this section. All denials shall be in writing with the reasons clearly stated.

The Township of Toms River shall provide at least $25,000 per unit to subsidize the creation of each low-income accessory apartment or $20,000 per unit to subsidize the creation of each moderate-income accessory apartment. Subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township of Toms River ensuring that the subsidy shall be used to create the accessory apartment and the apartment shall meet the requirements of this section and COAH regulations.

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

Rough elevations showing the modification of any exterior building facade to which changes are proposed.

A site development sketch showing the location of the existing dwelling and other existing buildings, all property lines, along with the minimum building setback lines, the required parking spaces for both dwelling units and any natural or man-made condition which might affect construction.