[Amended 12-3-2019 by Ord. No. 19-14[1]]
A.
Accessory apartments. Accessory apartments as defined herein shall be a permitted use in all residential zones of Harmony Township. The following criteria shall apply to the creation of accessory apartments:
(1)
Each new accessory apartment created under the terms of this section shall be deed restricted for occupancy by and affordable to either a qualified low-income household or a qualified moderate-income household, depending upon the extent of the subsidy requested by the owner (i.e., $20,000 for a moderate-income unit and $25,000 for a low-income unit). Said deed restriction shall be applicable for a period of at least 10 years from the date a certificate of occupancy is issued for a new unit in accordance with the terms of the Township's Affordable Housing Ordinance.
(2)
The accessory apartment shall be deed-restricted in accordance with the terms of the Township's Affordable Housing Ordinance, the UHAC Rules and affirmatively marketed in accordance with the terms of the Affirmative Marketing Plan.
(3)
The Board of Health shall certify the adequacy of the existing on-site septic system to accommodate the original dwelling plus the accessory apartment.
(4)
All accessory apartment units shall meet the requirements of N.J.A.C. 5:23-2.4 and 2.5 following the completion of the conversion.
(5)
The property proposed for conversion shall be required to provide parking for the unit in accordance with the Township's parking standards.
(6)
Submissions by applicant.
(a)
An applicant seeking to create an accessory apartment shall submit to the Township and Administrative Agent:
[1]
A sketch of the existing host dwelling floor plan;
[2]
A sketch of the proposed floor plan showing the location, size and relationship of both the accessory apartment and the primary or host dwelling;
[3]
Rough elevations showing the modifications of any exterior building facade to which a change is proposed (i.e., to accommodate a building entrance or new window(s); and
[4]
A site development sketch showing the location of the dwelling and other existing buildings; all property lines; and the required number of parking spaces.
(b)
All plans and elevations shall be clear and concise and drawn to scale of not less than one inch equals four feet for the floor plan(s) and elevation(s) and one inch equals 20 feet for site development plan.
(7)
After the creation of the accessory apartment, the property shall maintain the usual appearance of a single-family detached dwelling and its appurtenant structures and shall remain compatible with the character of the surrounding neighborhood.
(8)
A converted dwelling shall not have more than the existing number of entrances along the front of the building. All new entrances to either the primary (host) or accessory dwelling units shall be located on the sides or rear of the building.
(9)
No new unenclosed exterior stairway shall be allowed on the front of the building.
(10)
No dwelling shall occupy any floor above the second floor, except that existing space above the second floor may be used for storage or sleeping rooms for a second-floor dwelling, provided that all applicable Construction Code requirements are met. No dwelling shall be located in a below-ground basement where the exterior grade is more than half the height of the exterior wall, unless there is at least one exterior facade where the unit is at grade with the ground outside.
(11)
Preexisting unauthorized accessory apartments may be legalized under this section without penalty to the property owner, but with no public subsidy provided, if all of the foregoing criteria as well as the following criteria can be met:
(a)
The unit is currently vacant.
(b)
If the unit is currently in substandard condition, it can be brought up to standard condition before a certificate of occupancy is issued.
(c)
The unit will be affirmatively marketed pursuant to the Township's Affirmative Marketing Plan.
(d)
The unit will be deed restricted for occupancy by and will remain affordable to a qualified affordable household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of the Township's Affordable Housing Ordinance.
[1]
Editor's Note: This ordinance also changed the title of this article from "Development Regulations" to "Accessory Apartment Program."