Upper Township City Zoning Code
§ 20-4.19
Affordable Accessory Apartments.
[Ord. #003-2016; amended 3-9-2026 by Ord. No. 005-2026]
a.
Purpose. The purpose of the Affordable Accessory Apartments is to accommodate the development and conversion of accessory apartments to provide affordable housing in accordance with the Township's Housing Element and Fair Share Plan.
b.
Where Permitted. Affordable Accessory Apartments are provided on Schedule B Commercial and Mixed-Use Districts.
c.
The definitions of Subsection 20-14.2 shall apply.
d.
Additional Conditions.
1.
The provisions of Subsection 20-14.5-3 shall apply.
2.
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.
3.
No more than 10 units of the Township's Affordable Housing Obligation to produce "Affordable Accessory Apartments" shall be permitted.
4.
The "Affordable Accessory Apartment" program shall be affirmatively marketed to the Housing Region 6 consisting of Atlantic, Cape May, Cumberland and Salem counties in accordance with the "Affirmative Marketing Plan."
e.
At the end of the required deed restriction, the Township may negotiate with the owner to extend affordability controls subject to the expiration of affordability controls procedures in Subsection 20-14.5-5.
f.
At the termination of the deed restriction, the affordable accessory apartment will be permitted to be marketed to the general public without affordability controls if the controls are not extended as provided above.
g.
The "Affordable Accessory Apartment" may be a newly created accessory apartment in the Commercial and Mixed-Use District.
h.
Administration of the "Affordable Accessory Apartment" Program shall be in accordance with the following and § 20-14.
1.
The Township Committee of Upper Township shall designate an administrative entity to administer the "Affordable Accessory Apartment" program in accordance with the following:
(a)
The administrative entity shall administer 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 and monitoring reports, and affirmatively marketing the "Affordable Accessory Apartment" program;
(b)
The administrative entity shall only deny an application for an accessory apartment if the project is not in conformance with § 20-14 and/or the provisions of this subsection. All denials shall be in writing with the reasons clearly stated; and
(c)
Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township ensuring that the apartment shall meet the requirements of this subsection and the requirements of § 20-14.
i.
Application Procedures.
1.
Each application for the creation of an "Affordable Accessory Apartment" shall submit the following information to the designated administrative entity:
(a)
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 or in another structure;
(b)
Rough elevations showing the modification of any exterior building facade to which changes are proposed; and
(c)
A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition if any, along with the minimum building setback lines; the required parking spaces for both dwelling units and any natural or man-made conditions which might affect construction.
