The Borough of Old Tappan has determined that it will use the following mechanisms to satisfy its affordable housing obligations, as follows.
A. 
Old Tappan Borough's rehabilitation program shall be designed to renovate deficient housing units occupied by low- and moderate-income households such that, after rehabilitation, these units will comply with the New Jersey State Housing Code pursuant to N.J.A.C. 5:28.
B. 
Both owner-occupied and renter-occupied units shall be eligible for rehabilitation funds.
C. 
All rehabilitated units shall remain affordable to low- and moderate-income households for a period of 10 years (the control period). For owner-occupied units the control period will be enforced with a lien, and for renter-occupied units the control period will be enforced with a deed restriction.
D. 
The Borough of Old Tappan shall dedicate a minimum of $10,000 for each unit to be rehabilitated through this program, reflecting the minimum hard cost of rehabilitation for each unit.
E. 
The Borough of Old Tappan shall adopt a resolution committing to fund any shortfall in the rehabilitation programs for Old Tappan Borough.
F. 
The Borough of Old Tappan shall designate, subject to the approval of COAH, one or more administrative agents to administer the rehabilitation program in accordance with N.J.A.C. 5:96 and 5:97. The administrative agent(s) shall provide a rehabilitation manual for the owner-occupancy rehabilitation program and a rehabilitation manual for the rental-occupancy rehabilitation program to be adopted by resolution of the governing body and subject to approval of COAH. Both rehabilitation manuals shall be available for public inspection in the office of the Municipal Clerk and in the office(s) of the administrative agent(s).
G. 
Units in a rehabilitation program shall be exempt from N.J.A.C. 5:97-9 and Uniform Housing Affordability Controls (UHAC), but shall be administered in accordance with the following:
(1) 
If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is rerented prior to the end of controls on affordability, the deed restriction shall require the unit to be rented to a low- or moderate-income household at an affordable rent and affirmatively marketed pursuant to N.J.A.C. 5:97-9 and UHAC.
(2) 
If a unit is renter-occupied, upon completion of the rehabilitation, the maximum rate of rent shall be the lesser of the current rent or the maximum permitted rent pursuant to N.J.A.C. 5:97-9 and UHAC.
(3) 
Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.
(4) 
Applicant and/or tenant households shall be certified as income-eligible in accordance with N.J.A.C. 5:97-9 and UHAC, except that households in owner-occupied units shall be exempt from the regional asset limit.
All supportive and special needs housing, including group homes, shall conform to the provisions of N.J.A.C. 5:97-6.10.
All municipally sponsored affordable housing, including group homes, shall conform to the provisions of N.J.A.C. 5:97-6.7, and all units shall comply with N.J.A.C. 5:97-9 and UHAC.
A. 
Purpose. The accessory apartment program is hereby enacted for the purpose of providing additional opportunities for low- and moderate-income housing in the Borough of Old Tappan by permitting accessory apartments in residential zones.
B. 
All accessory apartment units shall meet the following conditions:
(1) 
The area and bulk requirements of the zone in which the accessory apartment is created shall be met.
(2) 
Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.
(3) 
The accessory apartment shall be rented only to a household which is either a low- or moderate-income household at the time of initial occupancy of the unit.
(4) 
The accessory apartment shall, for a period of at least 30 years from the date of the issuance of a certificate of occupancy, be rented only to a low- or moderate-income household.
(5) 
Rents of accessory apartments shall be affordable to low- or moderate-income households as per Council on Affordable Housing (COAH) regulations and shall include a utility allowance.
(6) 
No more than 10 accessory apartments shall be permitted in the Borough to address the Borough's fair share obligation.
(7) 
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 within the requirements of Subsection B(3) and (4) above.
(8) 
Each accessory apartment 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 less than two rooms, one of which shall be a full bathroom.
(9) 
The accessory apartment shall have a separate door with direct access to the outdoors.
(10) 
There shall be a potable water supply, and the apartment must be served by a central sewer collection system and may not be on septic.
(11) 
The accessory apartment shall be affirmatively marketed to the housing region.
(12) 
In the case of an accessory apartment created illegally or without proper permits which the property owner desires to legitimize as an accessory apartment under this chapter, all of the requirements of this chapter in addition to meeting COAH criteria shall apply, except that no subsidy needs to be provided by the municipality.
C. 
The administrative agent as defined in Article II of this chapter is to administer the accessory apartment program.
(1) 
The administrative agent shall administer the accessory apartment program, including advertising, income qualifying prospective renters, setting rents and annual rental 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 accessory apartment program;
(2) 
The administrative agent shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements, Land Use and Development, of the Code of the Borough of Old Tappan, or this chapter. All denials shall be in writing with the reasons clearly stated; and
(3) 
In accordance with COAH requirements, the Borough of Old Tappan shall provide up to 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. Prior to the grant of such subsidy, the property owner shall enter into a written agreement with the Borough of Old Tappan insuring that:
(a) 
The subsidy shall be used to create the accessory apartment; and
(b) 
The apartment shall meet the requirements of this chapter and COAH regulations.
(4) 
Application requirements. Applicants for the creation of 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 modification 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.