The purpose of this article is to provide housing
opportunities to fulfill the Chester Township's affordable housing
obligation. The intent is to encourage the creation of affordable
accessory apartments within new or existing dwellings in Chester Township.
In all residential zones an affordable accessory
apartment may be created within a principal dwelling or in an accessory
structure located on the same lot as the principal dwelling, subject
to the standards set forth herein.
The affordable accessory apartment shall be
occupied by a low- or moderate-income household as defined in the
Substantive Rules of the New Jersey Council on Affordable Housing,
N.J.A.C. 5:93-1.1 et seq., as supplemented and amended.
No lot shall contain more than two dwelling
units. A lot shall contain a principal dwelling unit and not more
than one affordable accessory apartment which may be located in the
principal residence or in an accessory structure.
An affordable accessory apartment shall be permitted
within a principal dwelling, provided that the lot conforms to the
area and bulk requirements of the residential zone district in which
it is located. If the affordable apartment is to be located in an accessory
structure, the lot shall be a minimum of 10 acres, and the structure
containing the affordable unit shall conform to the bulk standards
for an accessory structure.
An affordable accessory apartment shall be subject
to the following design standards:
A. The floor area of an affordable accessory apartment
shall not comprise of more than 25% of the aggregate floor area of
the dwelling in which it is located, except that an affordable unit
located in an accessory structure on the same lot as the principal
dwelling shall not exceed 1,000 square feet of floor area. In no case
shall an accessory apartment contain less than 350 square feet of
floor area.
B. Access to any affordable accessory apartment shall
be provided with an exterior entrance separate from the principal
dwelling entrance.
C. There shall be no sign, separate driveway access,
separate exterior entrance or other visible evidence of an accessory
apartment which is observable from any abutting street.
D. Off-street parking shall be provided for any vehicles
used by the occupants of the affordable accessory apartment. A minimum
of two parking spaces shall be provided for each dwelling unit on
the lot. On-street parking is prohibited.
E. The affordable accessory unit shall include living/sleeping
space, cooking facilities and a complete sanitary facility for the
exclusive use of its occupants. It shall consist of not less than
two rooms, one of which shall be a full bathroom, but shall have no
more than two bedrooms.
F. The dwelling structure, if occupied by two households,
shall comply with all requirements for a two-family dwelling in accordance
with the New Jersey Building Code and all other applicable laws and housing regulations
of the state and Township.
Prior to the issuance of a construction permit
for any work related to the creation of an affordable accessory apartment
within an existing structure or by an addition to an existing dwelling,
the owner of the dwelling shall obtain a determination from the Township
Board of Health as to whether modifications to any individual subsurface
sewage disposal system will be necessary by reason of the creation
of the accessory apartment. Any required modifications to such a system
shall be made in compliance with all applicable laws and regulations.
An affordable accessory apartment shall not
be occupied except in accordance with a currently valid affordable
accessory apartment permit issued by the Zoning Official.
A. Every affordable accessory apartment permit shall be valid for a term ending on December 31 of the year in which it is issued and shall, upon application, be renewed annually, provided that the accessory apartment is occupied by a low- or moderate-income household as required by §
113-286. However, an initial permit or any renewal thereafter shall expire immediately in the event that the unit is vacated or a change occurs in the household occupying the unit which renders the occupant ineligible in accordance with §
113-286.
B. If an affordable accessory apartment permit expires by reason of Subsection
A above, the affordable accessory apartment shall be vacated and shall not again be occupied unless and until a new permit is applied for and issued by the Zoning Official.
C. Application for an affordable accessory apartment
permit shall be made upon a form provided by the Zoning Official.
The application shall require a certification that the above standards
and conditions are in effect. Prior to the issuance of an affordable
accessory apartment permit, the owner-occupant of the dwelling or,
in the event that the dwelling is leased, the owner and tenant of
the dwelling shall execute an affordable accessory apartment occupancy
agreement with the Township prepared by the Township in recordable
form which shall provide that the affordable accessory apartment shall
be occupied only in accordance with the provisions of a currently
valid affordable accessory apartment permit and that the Township
may take appropriate legal action to enforce the provisions of the
agreement.
[Amended 6-2-1997]
Upon approval of an application to create an affordable accessory apartment, the Township, on behalf of the property, shall file a deed recorded in the Morris County Clerk's office containing a restriction in the form adopted by COAH and set forth in N.J.A.C. 5.93-9.2, Appendix E, to the effect that the unit shall remain available and affordable to a low- or moderate-income household for a period of at least 10 years. The county filing fee is to be paid by the owner of the property. If the affordable accessory apartment is not occupied by a low- or moderate-income household as required by §
113-286, it shall be removed and the structure shall comply with all the requirements for a single-family detached dwelling.
The applicant shall provide a plan for the proposed
construction which provides sufficient information to determine that
all ordinance requirements will be satisfied.
The maximum number of affordable accessory apartments
permitted under this article shall be the number that the Township
is permitted to apply toward its fair share obligation of low- and
moderate-income housing in accordance with the applicable regulations
of the New Jersey Council on Affordable Housing.
Building permit fees and all similar Township
fees shall be waived in all cases involving affordable accessory apartment
development under this article.