[Added 2-25-2019 by Ord. No. 19-963-C]
This article is hereby enacted for the purpose of providing
additional opportunities for low- and moderate-income housing in the
Borough of Saddle River by permitting accessory apartments in certain
designated zones within the Borough.
As used in this article, the following terms shall have the
meanings indicated:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance which
is created to be occupied by a low- or moderate-income household.
The accessory apartment may be created within an existing dwelling
unit, may be created within an existing structure on the lot or be
an addition to an existing home or accessory building.
An accessory unit deed restricted for occupancy by a low-
or moderate-income household as defined by Uniform Housing Affordability
Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC"), and New Jersey Council
on Affordable Housing (COAH) Prior Round regulations, N.J.A.C. 5:93-1
et seq.
A.
General requirements and conditions. Accessory apartments shall be
permitted as a conditional use in the R-1 Zone subject to site plan
approval by the Planning Board. All accessory apartment units shall
meet the following minimum standards and conditions:
(1)
The area and bulk requirements of the zone in which the accessory
apartment is created shall be met.
(2)
Accessory apartments shall comply with all applicable statutes and
regulations of the State of New Jersey in addition to all building
codes.
(3)
The 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.
(4)
The 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 a low- or moderate-income household as is defined by applicable
COAH and UHAC regulations at the time of initial occupancy of the
unit.
(5)
Rents of accessory apartments shall be affordable to low- and moderate-income
households as per COAH and UHAC regulations, or by court order, and
shall include a utility allowance.
(6)
Rent increases shall be in accordance with COAH or court-approved
percentages.
(7)
No more than 10 accessory apartments shall be permitted in the Borough
to address the Borough's fair share obligation.
(9)
Each 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.
(10)
The accessory apartment shall have a separate door with direct
access to the outdoors.
(11)
The potable water supply and sewage disposal system for the
accessory apartment unit shall be adequate to service the unit.
(12)
During the period in which affordability controls are in place,
the accessory apartment shall be affirmatively marketed to the housing
region in accordance with applicable COAH and UHAC regulations, as
well as subsection 11-7.35,[1] Affirmative Marketing of Affordable Housing units.
[1]
Editor's Note: So in original.
(13)
Accessory apartment units may be located in an existing accessory
building so long as the existing building footprint of the building
is maintained. Any additions to a principal or accessory building
to accommodate an accessory unit shall conform to the setback requirements
for principal buildings in the district.
(14)
New freestanding accessory buildings containing accessory apartment
units shall conform to the setback requirements for principal buildings
in the district.
(16)
To increase viability of the Borough's accessory apartment program,
and to help subsidize the physical creation of accessory apartment
units, the Borough will increase the minimum $10,000 per accessory
apartment required by N.J.A.C. 5-93-5.9(a)(2)[3] by providing $25,000 for a moderate-income accessory apartment
unit, $35,000 for a low-income accessory apartment unit and $50,000
for a very-low-income accessory apartment unit.
[3]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
(17)
In the case of an accessory apartment created illegally or without
proper permits which the property owner desires to legitimize as an
accessory apartment under this article, all of the requirements of
this article in addition to meeting COAH criteria shall apply, except
that no subsidy needs to be provided by the municipality.
B.
Other requirements.
(1)
The lot must contain a conforming principal dwelling except as otherwise
permitted, nonconforming uses, building and structures.
(2)
The total number of parking spaces required shall be met on site
in compliance with RSIS for the principal dwelling and accessory apartment.
The accessory apartment parking demand is calculated using the "Garden
Apartment" classification. If parking for an accessory apartment is
added, screening is required sufficient to minimize the visual impact
on abutters, such as evergreen or dense deciduous plantings, walls,
fences, or a combination.
(3)
Exterior alterations are permitted provided they are in keeping with
the architectural integrity of the structure, and the look, character
and scale of the surrounding neighborhood as viewed from the street,
including, but not limited to, the following considerations:
(a)
The exterior finish material should be the same or visually
consistent in type, size, and placement, as the exterior finish material
of the remainder of the building;
(b)
The roof pitch should be consistent with the predominant roof
pitch of the remainder of the building;
(c)
Trim should be consistent in type, size, and location as the
trim used on the remainder of the building;
(d)
Windows should be consistent with those of the remainder of
the building in proportion and orientation;
(e)
Exterior staircases should be designed to minimize visual intrusion
and be complementary to the existing building.
The Borough's designated administrative agent is the entity
that will administer the Borough's accessory apartment program. The
administrative agent shall administer the program in accordance with
applicable COAH and UHAC regulations and pursuant to the following
procedures and requirements:
A.
The administrative responsibilities of the administrative agent include,
but are not limited to, advertising, income qualifying prospective
renters, setting rents and annual rental increases, maintaining a
waiting list, distributing the subsidy, securing the securing certificates
of occupancy, qualifying properties, handling application forms, filing
deed restrictions and monitoring reports and affirmatively marketing
the accessory unit program.
B.
Applicants for accessory apartment units shall submit required application
forms and documentation directly to the Borough's Zoning Officer,
who shall transmit application material to the Borough's administrative
agent. The Borough's administrative agent shall only approve an application
for an accessory apartment unit if the project is in conformance with
applicable COAH and UHAC requirements, the Borough's Zoning Ordinance
and Development Regulations,[1] any applicable court orders or court-approved agreements,
and this section. All approvals or denials shall be in writing with
the reasons clearly stated.
C.
In accordance with applicable COAH or UHAC requirements, the Borough
shall subsidize the physical creation of a low- and moderate-income
accessory apartment unit in accordance with current COAH and UHAC
minimum requirement or such additional amount as determined necessary
by the Borough or the court to create either a low- or moderate-income
unit meeting COAH and UHAC requirements. Prior to the grant of such
subsidy, the property owner shall enter into a written agreement with
the Borough ensuring that; 1) the subsidy shall be used to create
the accessory apartment unit; and 2) the unit shall meet the requirements
of this article and all applicable COAH and UHAC regulations.
Applicants for the creation of an accessory apartment unit shall
submit an application for a development permit and the required application
information to the Borough's Zoning Officer, who shall submit a copy
of the application to the Borough's administrative agent, the administrative
entity for the program.
A.
Applicants shall submit the same information required for an application
for a single family dwelling, along with the following additional
requirements:
(1)
For an accessory apartment unit located within a principal building,
a sketch of the floor plan(s) of the unit showing the location, size
and relationship to both the accessory apartment unit and the primary
dwelling unit in the building.
(2)
For an accessory apartment unit located in an accessory building,
the floor plan(s) of the accessory apartment unit and for all other
rooms and building elements in the accessory building not used for
residential purposes and their use (i.e., storage, garage, etc.).
(3)
Elevations showing any new construction and modifications of any
exterior building facades to which changes are proposed.
(4)
A site development sketch showing the location of the principal building
and accessory buildings, all property lines, proposed additions if
any, along with the minimum building setback line, the required parking
spaces for both dwelling units, and any site conditions which might
affect development.
B.
The Zoning Officer shall process the application in accordance with
normal procedures. The issuance of a development permit or any affirmative
action by a municipal agency shall be preceded by or conditioned upon
approval by the Borough's administrative agent pursuant to this section.
Accessory apartment units created prior to the adoption of this
subsection or without proper permits may be converted to a low- and
moderate-income accessory unit under the provisions of this section
consistent with N.J.A.C. 5:93-5.9[1] of COAH's Prior Round regulations. All the requirements
of this section and applicable COAH and UHAC regulations shall apply,
except that the Borough shall not provide a subsidy unit.
[1]
Editor's Note: The provisions of N.J.A.C. 5:93 expired 10-16-2016.
