Upper Township City Zoning Code
§ 20-4.19
Affordable Accessory Apartments.
[Ord. #003-2016]
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.
Definition. An affordable accessory apartment shall be a self-contained residential dwelling unit with a kitchen, bathroom, sleeping quarters and a private entrance which is created to be occupied by a "moderate" income household in accordance with the applicable provisions of the "Substantive Rules" of the New Jersey Council on Affordable Housing (COAH) at N.J.A.C. 5:97-6.8.
d.
Additional Conditions.
1.
The "Affordable Accessory Apartment" shall be rented only to a "moderate" income household at the time of initial occupancy of the unit.
2.
The "Affordable Accessory Apartment" shall, for a period of 30 years from the date of the issuance of a Certificate of Occupancy, be rented only to "moderate" income households.
3.
Rents of "Affordable Accessory Apartments" shall be affordable to moderate income households in accordance with the applicable provisions of N.J.A.C. 5:97-9, and shall specifically include an allowance for utilities in accordance with Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26.1 et. seq.
4.
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.
5.
No more than 10 units of the Township's Affordable Housing Obligation to produce "Affordable Accessory Apartments" shall be permitted.
6.
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 thirty-year deed restriction, the Township may negotiate with the owner to extend affordability controls subject to COAH's expiration of affordability controls procedures.
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.
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.
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 COAH's requirements and/or the provisions of this subsection. All denials shall be in writing with the reasons clearly stated; and
(c)
In accordance with COAH requirements, the Township shall provide at least $20,000 to subsidize the creation of an "Affordable Accessory Apartment" conforming to the requirements of this subsection and COAH requirements.
(d)
Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township insuring that the apartment shall meet the requirements of this subsection and COAH regulations.
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.