[Added 9-13-2018 by Ord.
No. 17-18]
A.
Accessory housing units (AHUs) afford an opportunity for the development
of small rental units designed to meet the special housing needs of
single persons, persons with fixed or limited income and relatives
of families who live or desire to live in the Borough. Accessory housing
units provide a degree of flexibility for homeowners with changing
economic conditions and/or family structure, while maintaining neighborhood
aesthetics and quality. Accessory housing units are established in
conjunction with the Borough of Rockaway's affordable housing program,
and the rules and regulations established herein shall be designed
to ensure that each accessory housing unit established hereunder shall
be and remain creditworthy under the rules and regulations of the
New Jersey Council on Affordable Housing (COAH) or a successor entity.
The Borough reserves the right to rescind or repeal this section at
any time after the satisfaction of the Borough's affordable housing
obligations as specified in its certified housing plan.
B.
Accessory housing units shall be a permitted use in all residential
zones in Rockaway that permit detached single-family residential uses.
For the purpose of this article, "accessory housing unit" shall
be defined as follows:
A second dwelling unit located on a lot containing a single-family
dwelling. Such a dwelling may be located within the principal structure,
added to a principal structure, or located in a detached accessory
building. The creation of such a dwelling unit shall be clearly accessory
to the primary use of the property as a single-family dwelling and
shall in no way confer upon the property owner any future rights to
subdivide the existing lot in order to place each unit on a separate
lot. Accessory housing units shall be established and maintained in
a manner consistent with the rules and regulations of the New Jersey
Council on Affordable Housing or successor entity.
A.
Only one accessory housing unit shall be allowed on any one lot or
parcel, and the owner of the property shall reside on the premises.
B.
The single-family dwelling unit shall not be a mobile home, condominium,
or located within a cluster development.
C.
The accessory housing unit shall be designed so that the appearance
of the building remains that of a one-family dwelling. Any new entrance
that may be required shall be located on the side or in the rear of
the building. Units within the garage should be constructed to maintain
the look of a residential garage, such that the entry doors should
remain and any decks are constructed to the rear of the structure.
D.
In no case shall there be more than three people residing within
an accessory housing unit.
A.
Lot area. Accessory housing units shall be permitted on lots of 20,000
square feet or greater. Accessory housing units can be established
on lots of less than 20,000 square feet, where an existing structure
already exists that can be modified or altered to create an accessory
housing unit as long as all other standards of this chapter are met.
B.
Unit size and type. Accessory housing units shall contain at least
500 square feet of gross floor area and no more than 1,200 square
feet, excluding garage space. Each unit must contain a minimum of
two rooms plus a bathroom and provide living/sleeping and kitchen
facilities. Units attached to a principal dwelling must have and maintain
a separate entrance and shall not have its entrance located within
the principal structure. No accessory housing units are to be permitted
in the basement. A deed restriction shall be applied to properties
with accessory housing units specifying that such units may not be
subdivided off in the future, or that the structure and lot may not
be converted to a condominium or any other form of legal ownership
distinct from the ownership of the existing single-family dwelling.
C.
Parking. A minimum of one off-street parking space shall be provided
for an accessory housing unit. In no case can the parking provided
for an accessory housing unit result in a reduction of the existing
parking for a principal dwelling below two spaces.
A.
Building height. Notwithstanding the building height limitations
that apply to accessory structures elsewhere in the Borough's Zoning
Regulations, structures containing an accessory housing unit which
is developed in a manner consistent with this section shall be permitted
to build up to two stories and not exceeding 25 feet.
B.
Impervious coverage. The accessory housing unit structure and all
other building and impermeable surfaces shall not exceed the maximum
lot coverage requirements per the Schedule of Zoning Requirements.
A.
Accessory housing units shall have at least one bedroom.
B.
Accessory housing units shall provide off-street parking spaces consistent
with the number of bedrooms, provided that no more than two spaces
shall be required in addition to existing on-site parking, and that
they shall be reserved for use by the occupants of the accessory housing
unit. However, a detached accessory housing unit may not include a
secondary garage (one garage for the primary structure and one garage
for the accessory housing unit structure) separate from the primary
dwelling unless said secondary garage existed prior to the submittal
of development plans for the accessory housing unit.
C.
Building permits.
(1)
Prior to the issuance of a building permit for an accessory
housing unit, a site plan and architectural plans shall be submitted
to the Zoning Officer for review. Plans shall accurately depict the
location, size and appearance of the proposed structure. Any construction
relative to the creation of an accessory housing unit shall be architecturally
treated in a manner which is consistent with the appearance of other
structures on site.
(2)
In addition, before a building permit is issued, the applicant
shall have entered into and recorded an agreement with the Borough
specifying that the proposed accessory housing unit will be constructed,
occupied and maintained in a manner consistent with the requirements
of the New Jersey Council on Affordable Housing or successor entity,
including the appropriate length of deed restriction, the status of
the units as low- or moderate-income units, the method and timing
of payments/subsidies being paid by the Borough and any other relevant
or pertinent items consistent with the intent and purpose of this
section and this program in general.
(3)
Once renovation or construction is complete, the applicant shall
request a certificate of occupancy from the Building Department with
a copy of the recorded deed addendum. There shall be no occupancy
of the accessory unit until the Building Department has issued said
occupancy permit.
D.
Where new paved or gravel driveways or parking areas are proposed,
a minimum five-foot setback from any side or rear property line shall
be maintained. Landscaping and/or solid fencing shall be provided
to screen such areas from adjacent properties and shall be depicted
on the proposed site plan.
E.
Accessory housing units shall be developed for the housing of low-
and moderate-income persons and shall conform to all requirements
of the New Jersey Council on Affordable Housing or successor entity
and the Borough of Rockaway. Such units shall be marketed in a manner
consistent with the affirmative marketing requirements of the New
Jersey Council on Affordable Housing or rules provided by a successor
entity.
F.
The buildings shall be in full compliance with all applicable health
and construction codes.
G.
Public services are to serve both dwelling units.
H.
The owner must submit an affidavit of continuing use every two years
to the Construction Official and the Borough's Affordable Housing
Liaison.
I.
The rents for accessory housing units shall be consistent with COAH
or successor entity rules.
