Any affordable housing units within the Township of Moorestown shall adhere to the requirements of Chapter
97 of the Code of the Township of Moorestown and the uniform housing affordability controls, N.J.A.C. 5:80-26.1 et seq., as each may be amended or superseded.
[Added 7-22-2019 by Ord. No. 14-2019]
A. Intent and purpose. It is the intent and purpose of this section
to allow for the creation of affordable accessory apartments in the
Township of Moorestown in accordance with N.J.A.C. 5:93-5.9 as a means
of meeting its affordable housing obligations. An affordable accessory
apartment is a self-contained residential dwelling unit with a kitchen,
bathroom, sleeping quarters, and a private entrance that is occupied
by a low- or moderate-income household. It is the purpose of this
program to help meet the municipality's fair share housing obligation
through the creation and subsidization of no more than 15 conversions
of existing single-family dwellings to two-family dwellings, additions
to same or conversions of existing outbuildings suitable for such
purposes to accommodate affordable accessory apartments.
B. Program oversight. The affordable accessory apartment program shall
be restricted, regulated and administered consistent with the Township's
affordable housing regulations, the Uniform Housing Affordability
Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair
Housing Act (N.J.S.A. 52:27D-301 et seq.). The program shall be administered
by the Township's Administrative Agent who shall have the following
responsibilities:
(1)
Advertising, income qualifying prospective renters, setting
rents and annual rent increases, maintaining a waiting list, distributing
the subsidy, verifying 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.
(2)
The Administrative Agent 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. All denials shall
be in writing with the reasons clearly stated.
C. Property qualification requirements.
(1)
Only existing owner-occupied properties containing a single-family
detached dwelling on a 15,000-square-foot or larger lot shall be eligible
for the affordable accessory apartment program, and only one affordable
accessory apartment per lot shall be permitted.
(2)
The accessory apartment shall not exceed 1,200 square feet in
floor area.
(3)
One off-street parking space, which may be a stacked space,
shall be provided for the accessory apartment.
(4)
Any existing construction code deficiencies shall be corrected
in the structure which will contain the subsidized accessory apartment;
the standard for evaluating any rehabilitation activity on the existing
dwelling unit shall be the BOCA National Existing Structures Code;
an evaluation of the structure shall be undertaken and certified by
the Township's Construction Code Official.
(5)
The subsidized accessory apartment unit shall only be rented to a low- or moderate-income household which has obtained a certificate of eligibility in accordance with the provisions of the Township's Affordable Housing Ordinance (§
97-1 et seq.).
D. Limitation on number of units. The total number of affordable accessory
apartments created through this program shall be limited to no more
than 15 total units.
E. Procedure for application.
(1)
In order to obtain approval to create an affordable accessory
apartment, a property owner shall submit an application on forms to
be created by the Administrative Agent, and shall submit the following
documentation with the completed application:
(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.
(2)
The property owner shall also obtain and submit written confirmation
from the public works department that there is water and sewer infrastructure
with sufficient capacity to serve the proposed affordable 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.
(3)
The Administrative Agent shall review an application, and all
documentation submitted therewith, and shall approve or deny the application
within 30 calendar days.
F. Procedure following approval, restrictions, subsidy, and termination.
(1)
The Administrative Agent shall refer a prospective qualified
renter to the property owner who shall then make an appropriate, written
contractual agreement with the qualified renter, the form of which
must be approved by the Administrative Agent.
(2)
Prior to the commencement of a qualified renter's occupancy,
the property owner shall agree, in writing, to comply with all of
the requirements for renting and rerenting to a low- or moderate-income
household as established by ordinance, rule or statute.
(3)
Once a qualified renter takes initial occupancy of the affordable
accessory apartment, and for at least 10 years thereafter, the affordable
accessory apartment shall be rented only to a household which is either
a low- or moderate-income household.
(4)
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 for at least 10 years.
(5)
In accordance with COAH requirements and the Township's affordable
housing agreements with FSHC, the Township shall provide at least
$30,000 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. This subsidy may be used to fund actual construction
costs and/or to provide compensation for reduced rental rates.
(6)
Upon the expiration of the lease in existence at the conclusion
of the ten-year deed or declaration of covenants and restrictions,
the approval to use the property as a two-family dwelling shall expire,
and the use of the affordable accessory apartment must terminate.
Thereafter, the property owner must restore the property to a single-family
dwelling.
G. Exemption. Affordable accessory apartments created under this program
shall be exempt from the bedroom mix requirements of N.J.A.C. 5:93-7.3
as it may be amended or superseded.