Upper Township City Zoning Code
§ 20-14.4
Affordable Housing Programs.
[Added 3-9-2026 by Ord. No. 005-2026]
a.
Pursuant to amended UHAC regulations at N.J.A.C. 5:80-26.1 et seq. and, in addition, pursuant to P.L. 2024, c. 2 and specifically to the amended FHA at N.J.S.A. 52:27D-311.m, "All parties shall be entitled to rely upon regulations on municipal credits, adjustments, and compliance mechanisms adopted by the Council on Affordable Housing unless those regulations are contradicted by statute, including but not limited to P.L. 2024, c.2, or binding court decisions." These crediting mechanisms are expressed as way of an example, and the list is non-exhaustive of potential crediting mechanisms, and any crediting requirements shall be pursuant to the regulatory, statutory, or legal requirements detailing the crediting mechanism. While not anticipated, should there be a conflict between this subsection and the regulatory requirements for crediting of the following mechanisms, the pertinent valid regulations shall control.
b.
Rehabilitation Programs.
c.
Accessory Apartment program in accordance with Subsection 20-4.19 and the following: (per N.J.A.C. 5:93-5.9 as may be updated per various sections in N.J.A.C. 5:97-6.8).
1.
An accessory apartment program shall provide very-low-, low- and moderate-income units.
2.
Per N.J.A.C. 5:97-6.8(c)1, at the time of initial occupancy of the unit and for at least 10 years thereafter, the accessory apartment shall be rented only to income eligible households consistent with the income category and rent structure of the unit.
3.
Rents of accessory apartments shall be established using the same methodology of affordable rental units discussed herein.
4.
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental for the duration of the control period.
5.
The municipal accessory apartment program shall not restrict the number of bedrooms in any accessory apartment.
6.
Per N.J.A.C. 5:97-6.8(b)2, the municipality shall provide a minimum of $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.
d.
Market to Affordable program.
e.
Extension of Controls Program.
f.
Assisted Living Residence.
g.
Supportive Housing and Group Homes.
