[Added 5-4-2021 by Ord.
No. 15-21[1]]
[1]
Editor's Note: This ordinance also repealed former Art. LVI,
Requirements for Developments Increasing the Township's Growth Share
Obligation for Affordable Housing, added by Ord. No. 23-05, as amended
by Ord. No. 20-06.
All accessory apartments shall meet the following conditions:
A.
Provided the units are affordable to very-low-, low- and moderate-income
households, accessory apartments shall be permitted as conditional
uses in all residential zones provided the accessory apartment is
located on a property with a residential use. Accessory apartments
may be developed as very-low-income, low-income or moderate-income
units.
B.
Accessory apartments shall comply with all applicable statutes and
regulations of the State of New Jersey in addition to all building
codes as well as all municipal affordable housing requirements.
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 very-low-, low- or moderate-income household.
D.
Rents of accessory apartments shall be affordable to very-low-, low-
or moderate-income households as per the FHA and 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 its subsequent rental or sale of
the unit and the accessory apartment. The deed or declarations shall
be reviewed and approved by the Township Attorney prior to recording;
and such document must be recorded prior to the issuance of a building
permit or, if no building permit needs to be issued, prior to the
issuance of the certificate of occupancy.
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 Denville Accessory Apartment Program shall not restrict
the number of bedrooms in any accessory apartment.
H.
No accessory apartment created as a result of this section 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 six (additional units may be approved by
the state or the courts if the municipality has demonstrated successful
completion of its accessory apartment program).
The Township of Denville 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 applicable statutory
or regulatory 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, the Township of Denville shall
provide at least $30,000 per moderate-income unit, $40,000 per low-income
unit, and $50,000 per very-low-income unit to subsidize the creation
of each accessory apartment. 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.
D.
Applicants shall provide septic and well details to support their
application.
A.
Accessory apartments are permitted on residentially improved lots,
provided that only one additional accessory apartment per lot is permitted.
B.
The accessory apartment shall have living and sleeping space, cooking
facilities, a kitchen sink and complete sanitary facilities for the
exclusive use of its occupants.
C.
The accessory apartment shall consist of not less than two rooms,
one of which shall be a bathroom containing a flush toilet, wash basin,
and bathroom tub or shower.
D.
All rooms shall be accessible from within the apartment.
E.
The accessory apartment shall be private and secure from all attached
units.
F.
The apartment shall have direct access to the outdoors or directly
to a hall from which there is direct access to the outdoors without
passing through any other unit, and the accessory apartment shall
comply with all requirements of the applicable building codes.
G.
If the apartment is located on the second or third floor, there shall
be at least two means of access to the outdoors, available at all
times, as approved by the Construction Official. Exterior stairways
for the accessory apartment shall be located at the rear or side of
the structure.
H.
No apartment shall be located above the third floor.
