[Adopted 12-16-2002 by Ord. No. 7-2002]
The purpose of this article is to establish an accessory apartment program
in the Borough of Pemberton in accordance with its municipal obligation to
provide affordable housing within the Borough in accordance with the Borough's
housing and fair share plan.
An accessory apartment program is hereby enacted for the purpose of
providing additional opportunities for low- and moderate-income housing in
Pemberton Borough.
As used in this article, the following terms shall have the meanings
indicated:
An accessory apartment is 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 a 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.
All accessory apartment units shall meet the following conditions:
A.
The bulk requirements of the zone in which the accessory
apartment is created shall be met;
B.
Accessory apartments shall comply with all applicable
statutes and regulations of the State of New Jersey in addition to all local
building codes;
C.
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;
D.
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;
E.
Rents of accessory apartments shall be affordable to
low- or moderate-income households as per Council on Affordable Housing (COAH)
regulations and shall include a utility allowance;
F.
No more than 10 accessory apartments shall be used to
address the Borough of Pemberton's fair share obligation unless a waiver
is granted by COAH;
H.
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;
I.
The accessory apartment shall have a separate door with
direct access to the outdoors;
J.
The potable water supply and sewage disposal system for
the accessory apartment shall be adequate;
K.
The accessory apartment shall be affirmatively marketed
to the housing region; and
L.
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
need be provided by the municipality.
The Borough of Pemberton shall designate an administrative entity to
administer the accessory apartment program.
A.
Housing Affordability Service shall administer the 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 accessory apartment program;
B.
Housing Affordability Service shall only deny an application
for an accessory apartment if the project is not in conformance with COAH's
requirements, the municipal development ordinance or this article. All denials
shall be in writing with the reasons clearly stated; and
C.
In accordance with COAH requirements, the Borough of
Pemberton shall provide at least $10,000 to subsidize the physical creation
of an accessory apartment conforming to the requirements of this section and
COAH requirements. Prior to the grant of such subsidy, the property owner
shall enter into a written agreement with the Borough of Pemberton insuring
that (1) the subsidy shall be used to create the accessory apartment and (2)
the apartment shall meet the requirements of this article and COAH regulations.
Applicants for the creation of an accessory apartment shall submit to
Housing Affordability Service:
A.
A sketch of floor plan(s) showing the location, size
and relationship of both the 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 man-made conditions which might
affect construction.
