All accessory apartments shall meet the following conditions:
A. Accessory apartments are permitted in the A Residential Zoning District,
provided the units are affordable to low- and moderate-income households.
Accessory apartments may be developed as low-income or moderate-income
units (accessory apartments may be limited to only low- or only moderate-income
units as determined in the Fair Share Plan).
B. Accessory apartments shall comply with all applicable statutes and
regulations of the State of New Jersey in addition to all building
codes.
C. At the time of initial occupancy of the unit and for at least 10
years thereafter, the accessory apartment shall be rented only to
a household which is either a low- or moderate-income household.
D. Rents of accessory apartments shall be affordable to low- or moderate-income
households as per COAH and UHAC regulations.
E. 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 the subsequent rental or sale of
the unit and the accessory apartment.
F. The appropriate utility authority must certify that there is water
and sewer infrastructure with sufficient capacity to serve the proposed
accessory apartment. Where the proposed location is served by an individual
well and/or septic system, the additional capacity necessitated by
the new unit must meet the appropriate NJDEP standards.
G. The Township of South Hackensack accessory apartment program shall
not restrict the number of bedrooms in any accessory apartment.
H. No accessory apartment created as a result of this article or these
regulations shall exceed the gross floor area of the existing principal
dwelling on the lot.
The maximum number of creditable accessory apartments shall
be equal to no more than 10 or an amount equal to 10% of the Township
of South Hackensack's fair share obligation, whichever is greater
(Additional units may be approved by COAH if the municipality has
demonstrated successful completion of its accessory apartment program.).
South Hackensack shall designate an administrative entity to
administer the accessory apartment program that shall have the following
responsibilities:
A. The administrative agent shall administer the accessory apartment
program, including advertising, income qualifying prospective renters,
setting rents and annual rent 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 affordable accessory
apartment program in accordance with the UHAC.
B. The administrative entity shall only deny an application for an accessory
apartment if the project is not in conformance with COAH's requirements
and/or the provisions of this section/article. All denials shall be
in writing with the reasons clearly stated.
C. In accordance with COAH requirements, South Hackensack shall provide
at least $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. The subsidy may be used
to fund actual construction costs and/or to provide compensation for
reduced rental rates.
Property owners wishing to apply to create an accessory apartment
shall submit to the administrative entity:
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 modifications 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.