As used in this article, the following terms
shall have the meanings indicated:
A separate dwelling unit incorporated within or to become
part of an existing detached one-family dwelling which dwelling also
contains a primary dwelling unit.
That portion of a building which is partly or completely
below grade and having at least 1/2 of its height below grade.
A room or group of rooms within a building forming a single
habitable residential unit with permanent facilities for living, sleeping,
cooking, eating and sanitation.
The sum of the gross horizontal areas of the several floors
of a dwelling, excluding garage areas and cellar floor areas. Such
gross horizontal areas shall be measured from the outside walls of
the dwelling, without deduction for hallways, stairs, closets, thickness
of walls, columns or other features.
A natural person only and not a corporation, partnership
or other similar entity.
The main dwelling unit constituting the space remaining in
such dwelling after the creation of an accessory dwelling unit.
Upon proper application and hearing as herein
provided, one accessory dwelling unit shall be permitted as a conditional
use in any existing detached one-family dwelling in any residential
district in the Borough, provided that the Planning Board finds and
determines that the following conditions have been met:
A.
The dwelling for which a permit for an accessory dwelling
unit is sought shall be situated on a lot having a minimum area of
10,000 square feet.
B.
The dwelling for which such permit is sought shall
have been occupied as a detached one-family dwelling pursuant to an
initial certificate of occupancy issued at least 10 years prior to
the filing of an application for approval of an accessory dwelling
unit.
C.
Either the accessory dwelling unit or the primary
dwelling unit shall constitute the domicile of the person or persons
who own the lot on which the dwelling house is situated.
D.
At least one of the persons occupying either the accessory
dwelling unit or the primary dwelling unit of the dwelling shall be
62 years of age or older.
E.
The accessory dwelling unit shall be occupied as a
residence by no more than three persons.
F.
The accessory dwelling unit shall have a minimum floor
area of 100 square feet, but shall not be greater than 25% of the
total floor area of the building.
G.
No changes shall be made to the exterior of the dwelling
which would detract from its external appearance as a detached one-family
dwelling, except that a separate door to serve as an entrance and
exit for such accessory dwelling unit may be installed, provided it
does not abut the front yard of the lot. There shall be no separate
utility meters for the accessory dwelling unit.
I.
An accessory dwelling unit may not be situated or
contained within a cellar or garage.
J.
The sanitary disposal system for the dwelling, either
existing or as may be modified to accommodate the accessory dwelling
unit, shall be inspected and approved by the board of health.
K.
The accessory dwelling unit as proposed shall comply
with all other ordinances and regulations of the Borough.
L.
The granting of such application for a conditional
use shall not substantially impair the visual aspect of the immediate
neighborhood of which the dwelling is a part or the surrounding area.
A.
No building permit shall be issued for the creation
of an accessory dwelling unit unless a conditional use approval therefor
has been granted by the Planning Board.
B.
For a conditional use approval for an accessory dwelling
unit, the procedure shall be as follows:
(1)
An application shall be submitted to the clerk of
the Planning Board, in writing, in duplicate, on forms supplied by
the Planning Board, furnishing pertinent data such as the names, addresses
and ages of the owners, the names, addresses, and ages of the persons
who are intended to occupy the primary dwelling unit and the accessory
unit and an identification, by street number and lot and block designation,
of the property involved.
(2)
The application shall be accompanied by 10 copies
of the current survey of the property prepared by a licensed engineer
or land surveyor depicting the boundaries of the lot and all existing
structures and improvements on the property.
(3)
The application shall also be accompanied by 10 copies
of a proposed floor plan drawn by a licensed architect or engineer
depicting all proposed interior and exterior changes to the dwelling,
including the relation of the accessory dwelling unit to the primary
dwelling unit, the location of any proposed additional exterior doors,
any proposed additional parking spaces and any proposed modifications
to the existing sanitary disposal system.
(4)
The fee for such application shall be $200, plus $1,000
as an escrow for engineering and legal expenses.
[Amended 11-17-2003 by Ord. No. 833-03; 8-16-2004 by Ord. No. 852-04]
C.
Upon filing of a complete application for an accessory dwelling unit as a conditional use, the Planning Board shall conduct a hearing in accordance with the provisions of § 218-37.
E.
A list of property owners to whom the applicant is required to give notice shall be furnished in accordance with the provisions of § 218-39.
F.
The Planning Board shall render its decision not later
than 95 days from the filing of a complete application.
G.
Any such approval granted by the Planning Board shall
expire unless the construction with respect thereto shall have been
actually commenced within 120 days of the Planning Board's determination
on the application, except that the running of the period of limitation
herein shall be tolled from the date of filing an appeal from the
Planning Board's decision to a court of competent jurisdiction until
the termination in any manner of such appeal or proceeding.
I.
Within 30 days of the completion of all construction with respect to the creation of such accessory dwelling unit and written notification thereof by the applicant, the Construction Code Official shall conduct a physical inspection of the dwelling, including the accessory dwelling unit, to determine whether all such construction complies with all ordinances of the Borough including, but not limited to, the provisions of Chapter 100, Article II, Housing. If the Construction Code Official finds and determines that all such ordinances have been complied with, (s)he shall issue a certificate of occupancy for the accessory dwelling unit upon the payment of a fee of $25.
[Amended 8-16-2004 by Ord. No. 852-04]
A.
On or before the first of January next following the
issuance of a certificate of occupancy for an accessory dwelling unit,
and on or before each and every January 1 next ensuing, the owner
of the dwelling for which such certificate of occupancy was granted
shall file in the office of the Construction Code Official a sworn
affidavit in the form prescribed by the Borough Clerk, which shall
state that there has been no change in the conditions upon which the
approval was originally granted.
B.
If such owner shall fail to file any affidavit as
herein required, the certificate of occupancy issued for the accessory
dwelling unit shall automatically be revoked, and the Construction
Code Official shall notify the owner, in writing, of such revocation.
C.
Any continued occupancy of such accessory dwelling
unit following notice of revocation shall constitute a violation of
this section.
A.
Upon the transfer of title by the owner of a dwelling
in which an accessory dwelling unit is contained, the certificate
of occupancy issued with respect to such accessory dwelling unit shall
automatically expire upon the later of:
(1)
The 180th day after the recordation of such transfer
in the Office of the Bergen County Clerk; or
(2)
The expiration of a written lease for such accessory
dwelling unit, provided that in no event shall such continued use
of the accessory dwelling unit under a written lease extend beyond
a period of one year from the date of recordation of such transfer
in the Office of the Bergen County Clerk, unless within such time
period a new certificate of occupancy for such accessory dwelling
unit is issued in the name of the new record owner of the property.
B.
Before any new certificate of occupancy may be issued,
the Construction Code Official shall conduct a physical inspection
of the dwelling, including the accessory dwelling unit, in order to
determine that, other than with respect to the new ownership of the
dwelling, there has been no change in the conditions upon which the
original certificate of occupancy was granted.
C.
If the Construction Code Official finds and determines
that there has been no such change in conditions, (s)he shall issue
a new certificate of occupancy for the accessory dwelling unit upon
the payment of a fee of $50.
[Amended 8-16-2004 by Ord. No. 852-04]
A.
Upon the death of the person 62 years or older, or
the permanent vacation of such person from the accessory dwelling
unit or primary dwelling unit in the dwelling for which approval hereunder
was granted, the owner of such dwelling shall have a grace period
within which the certificate of occupancy shall continue in full force
and effect. Such grace period shall consist of the longer of either:
(1)
One hundred eighty days; or
(2)
The time remaining in the term of a written lease
for the accessory dwelling unit, provided that in no event shall such
continued use of the accessory dwelling unit under a written lease
extend beyond a period of one year from the date of the death of the
person 62 years of age or older, or the permanent vacation of such
person from the accessory dwelling unit or primary dwelling unit.
B.
If, by the expiration of such period, no other person
or persons being 62 years of age or older shall have commenced occupancy
of the accessory or primary dwelling unit, the certificate of occupancy
issued for the accessory dwelling unit shall automatically be revoked,
and the Construction Code Official shall notify the owner, in writing,
of such revocation.
C.
Any continued occupancy of such accessory dwelling
unit as an accessory dwelling unit following notice of revocation
shall constitute a violation of this section.
The Construction Code Official shall have the right to conduct inspections in order to determine compliance or continued compliance with the provisions of this section in accordance with the provisions of § 100-13.
Any accessory dwelling unit approved by the Planning Board as a conditional use pursuant to the terms and provisions of this article shall be deemed abandoned, and the certificate of occupancy with respect thereto shall automatically expire upon any change in or noncompliance with the conditions set forth in § 255-56.
The creation, maintenance or occupancy of any accessory dwelling unit other than in accordance with the provisions of this article shall constitute a violation of this article and shall be punishable as provided by Article XX.
