| (3.1) | Affordable Accessory Apartment Unit. [Added 11-27-2000 by Amendment 14; amended 8-10-2005 by Amendment 24; 2-12-2020 by Ord. No. 2020-001] |
| | (a) | General requirements and conditions. Affordable accessory apartment units shall be permitted as a conditional use in all zoning districts in the Township of Alexandria, provided that the use and buildings shall adhere to the following minimum standards and conditions and the use shall be accessory to a permitted principal use on the land: |
| | | [1] | No more than one affordable accessory apartment unit per lot shall be permitted. |
| | | [2] | No more than a total of three affordable accessory apartment units shall be created under this subsection through July 2025. |
| | | [3] | The affordable accessory apartment unit shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all local building codes. |
| | | [4] | An affordable accessory apartment unit 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 qualified household as defined by applicable Council on Affordable Housing (COAH) and Uniform Housing Affordability Controls (UHAC) regulations at the time of initial occupancy of the unit. |
| | | [5] | Rents of affordable accessory apartment units shall be affordable to very-low-, and moderate-income households as per applicable COAH and UHAC regulations, or by Court order, and shall include a utility allowance. |
| | | [6] | Rent increases shall be in accordance with COAH or Court-approved percentages. |
| | | [7] | There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the affordable accessory unit is located running with the land and limiting its subsequent rental or sale within the requirements of Subsection H(a)[2], [3], [4] and [5] above. |
| | | [8] | Each affordable accessory apartment unit 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 fewer than two rooms, one of which shall be a full bathroom consisting of at least a toilet, sink, shower and door separating the bathroom unit from the other rooms in the unit. |
| | | [9] | The affordable accessory apartment unit shall have a separate door with direct access to the outdoors. |
| | | [10] | The potable water supply and sewage disposal system for the affordable accessory apartment unit shall be adequate to service the unit. Department of Health certification of the adequacy of the sewage disposal system serving the units shall be submitted with a conditional use application for an affordable accessory apartment. |
| | | [11] | During the period in which affordability controls are in place, the affordable accessory apartment unit shall be affirmatively marketed to the housing region in accordance with applicable COAH and UHAC regulations, as well as § 53-5.15, Affirmative marketing requirements. |
| | | [12] | Affordable accessory apartment units may be located in an existing accessory building so long as the existing building footprint of the building is maintained. Any additions to a principal or accessory building to accommodate an affordable accessory unit shall conform to the setback requirements for principal buildings in the district. |
| | | [13] | New freestanding accessory buildings containing affordable accessory apartment units shall conform to the setback requirements for principal buildings in the district. |
| | | [14] | Affordable accessory apartment units are exempt from bedroom mix requirements in N.J.A.C. 5:93-7.3. |
| | | [15] | A municipal affordable housing trust fund subsidy of $10,000 per moderate-income affordable accessory apartment units and $11,980 per low-income affordable accessory apartment unit shall be provided to create the affordable accessory apartment unit. |
| | (b) | Other requirements. |
| | | [1] | All standards and requirements of the zone district, except as modified by this section, shall apply. |
| | | [2] | The lot must contain a conforming principal dwelling except as otherwise permitted pursuant to Chapter 115, Article IX, Nonconforming Uses and Structures. |
| | | [3] | The total number of parking spaces required shall be met on site in compliance with RSIS for the principal dwelling and accessory apartment. The accessory apartment parking demand is calculated using the "Garden Apartment" classification in RSIS. If parking for an accessory apartment is added, screening is required sufficient to minimize the visual impact on adjoining residential uses, which shall include evergreen or dense deciduous plantings, walls, fences, or a combination or a combination of the four. |
| | | [4] | Exterior alterations are permitted, provided that they are in keeping with the architectural integrity of the structure, and the look, character and scale of the surrounding neighborhood as viewed from the street, including, but not limited to, the following considerations: |
| | | | [a] | The exterior finish material should be the same or visually consistent in type, size, and placement, as the exterior finish material of the remainder of the building; |
| | | | [b] | The roof pitch should be consistent with the predominant roof pitch of the remainder of the building; |
| | | | [c] | Trim should be consistent in type, size, and location as the trim used on the remainder of the building; |
| | | | [d] | Windows should be consistent with those of the remainder of the building in proportion and orientation; |
| | | | [e] | Exterior staircases should be designed to minimize visual intrusion and be complementary to the existing building. |
| | (c) | Administrative entity. The Township's designated Administrative Agent is the entity that will administer the Township's accessory apartment program. The Administrative Agent shall administer the program in accordance with applicable COAH and UHAC regulations and pursuant to the following procedures and requirements |
| | | [1] | The administrative responsibilities of the Administrative Agent include, but are not limited to, advertising, income qualifying prospective renters, setting rents and annual rental increases, maintaining a waiting list, distributing the subsidy, securing the certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports and affirmatively marketing the accessory unit program. |
| | | [2] | Applicants for accessory apartment units shall submit required application forms and documentation directly to the Township's Zoning Officer, who shall transmit application material to the Township's Administrative Agent. The Township's Administrative Agent shall only approve an application for an accessory apartment unit if the project is in conformance with applicable COAH and UHAC requirements, the Township's Zoning Ordinance and Development Regulations, any applicable Court orders or Court-approved agreements, and this section. All approvals or denials shall be in writing with the reasons clearly stated. |
| | | [3] | In accordance with applicable COAH or UHAC requirements, the Township shall subsidize the physical creation of an affordable accessory apartment unit in accordance with current COAH and UHAC minimum requirements or such additional amount as determined necessary by the Township or the Court to create either a low- and moderate-income unit meeting COAH and UHAC requirements. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Township ensuring that: (1) the subsidy shall be used to create the affordable accessory apartment unit; and (2) the unit shall meet the requirements of this section and all applicable COAH and UHAC regulations. |
| | (d) | Submission requirements and application procedures. Applicants for the creation of an affordable accessory apartment unit shall submit an application for a development permit and the required application information to the Township's Zoning Officer, who shall submit a copy of the application to the Township's Administrative Agent, the administrative entity for the program. |
| | | [1] | Applicants shall submit the same information required for an application for a single-family dwelling, along with the following additional requirements: |
| | | | [a] | For an affordable accessory apartment unit located within a principal building, a sketch of the floor plan(s) of the unit showing the location, size and relationship to both the affordable accessory apartment unit and the primary dwelling unit in the building. |
| | | | [b] | For an affordable accessory apartment unit located in an accessory building, the floor plan(s) of the affordable accessory apartment unit and for all other rooms and building elements in the accessory building not used for residential purposes and their use (i.e., storage, garage, etc.). |
| | | | [c] | Elevations showing any new construction and modifications of any exterior building facades to which changes are proposed. |
| | | | [d] | A site development sketch showing the location of the principal building and accessory buildings, all property lines, proposed additions if any, along with the minimum building setback line, the required parking spaces for both dwelling units, and any site conditions which might affect development. |
| | | [2] | The Zoning Officer shall process the application in accordance with normal procedures. The issuance of a development permit or any affirmative action by a municipal agency shall be preceded by or conditioned upon approval by the Township's Administrative Agent pursuant to this section. |
| | (e) | Conversion of existing accessory apartment unit. Accessory apartment units created prior to the adoption of this subsection or without proper permits may be converted to a low- and moderate-income affordable accessory unit under the provisions of this section consistent with N.J.A.C. 5:93-5.9 of COAH's Prior Round regulations. All the requirements of this section and applicable COAH and UHAC regulations shall apply, except that the Township shall not provide a subsidy unit. |