[Added 11-8-2001 by Ord. No. 01-7]
[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."
[Added 12-3-2002 by Ord. No. 02-12]
A.
Applicability.
This section establishes regulations applicable to all designated
low- and moderate-income housing units in the Township of Harmony
and is intended to be consistent with the provisions of N.J.A.C. 5:93
et seq., effective June 6, 1994, and the Fair Housing Act of 1985.
B.
Low-income affordability.
Except for inclusionary developments constructed pursuant to low-income
tax credit regulations:
(1)
At least
1/2 of all units within each inclusionary development shall be affordable
to low-income households.
(2)
At least
1/2 of all rental units shall be affordable to low-income households.
(3)
At least
1/3 of all units in each bedroom distribution pursuant to N.J.A.C.
5:93-7.3 shall be affordable to low income households.
C.
Required bedroom
mix.
(1)
The inclusionary
developments that are not restricted to senior citizens shall be structured
in conjunction with realistic market demands so that:
(2)
Low- and
moderate-income units restricted to senior citizens may utilize a
modified bedroom distribution such that, as a minimum, the total number
of bedrooms provided in senior citizen units equals the number of
senior citizen low- and moderate-income housing units within the inclusionary
development.
(3)
The number
of senior citizens' affordable housing units provided within any inclusionary
development shall not exceed 25% of the total number of affordable
housing units constructed.
D.
Affordability
standards.
(1)
Size and
income criteria.
(a)
In conjunction
with realistic market information, the following housing size criteria
shall be used in determining maximum rents and sales prices:
(b)
Median
income by household size shall be established by a regional weighted
average of the uncapped Section 8 income limits published by HUD as
per N.J.A.C. 5:93-7.4(b).
(c)
The maximum
average rent and price of low- and moderate-income units within each
inclusionary development shall be affordable to households earning
57.5% of median income.
(d)
Moderate-income
sales units shall be available for at least three different prices,
and low-income sales units shall be available for at least two different
prices.
(e)
For both
owner-occupied and rental units, the low- and moderate-income units
shall utilize the same heating source as the market units within an
inclusionary development.
(f)
Low-income
units shall be reserved for households with a gross household income
less than or equal to 50% of the median income approved by COAH; moderate-income
units shall be reserved for households with a gross household income
less than 80% of the median income approved by COAH.
(g)
The regulations
outlined in N.J.A.C. 5:93-9.15 and 5:93-9.16 shall be applicable for
purchased and rental units.
(2)
For rental
units:
(a)
One rent
may be established for a low-income unit and one for a moderate-income
unit for each bedroom distribution.
(b)
Gross
rents, including an allowance for utilities, shall be established
so as not to exceed 30% of the gross monthly income of the appropriate
household size, per N.J.A.C. 5:93-7.4(a). The utility allowance shall
be consistent with the utility allowance approved by HUD for use in
New Jersey.
(3)
For sales
units:
(a)
The initial
price of a low- and moderate-income owner-occupied housing unit shall
be established so that after a down payment of 5%, the monthly principal,
interest, homeowner's insurance, property taxes (based on the restricted
value of the low- and moderate-income unit) and condominium or homeowner
fee do not exceed 28% of the eligible gross monthly income.
(b)
Master
deeds of inclusionary developments shall regulate condominium or homeowner
association fees or special assessments of low- and moderate-income
purchasers at 80% of those paid by market purchasers for the moderate-income
units and 50% of those paid by market purchasers for the low-income
units. These percentages are consistent with the requirement of N.J.A.C.
5:93-7.4(e). Once established within the Master Deed, these percentages
shall not be amended without prior approval from COAH.
(c)
The general
provisions concerning uniform deed restrictions, liens and enforcement
through certificate of occupancy or reoccupancy set forth at N.J.A.C.
5:93-9.3 shall apply.
(d)
A certificate
of reoccupancy shall be required for any occupancy of a low- or moderate-income
sales unit resulting from a resale, per N.J.A.C. 5:93-9.3(c).
(e)
Municipal,
state, nonprofit and seller options regarding sales units shall be
consistent with N.J.A.C. 5:93-9.8. Municipal rejection of repayment
options for sales units shall be consistent with N.J.A.C. 5:93-9.9.
(f)
The continued
application of options to create, rehabilitate or maintain low- and
moderate-income sales units shall be consistent with N.J.A.C. 5:93-9.10.
(g)
Eligible
capital improvements prior to the expiration of controls on sales
units shall be consistent with N.J.A.C. 5:93-9.11.
(h)
The regulations
detailed in N.J.A.C. 5:93-9.12-9.14 shall be applicable to low- and
moderate-income sales units.
E.
Phasing of development.
(1)
Low- and
moderate-income units provided in inclusionary residential developments
shall be constructed in accordance with the schedule set forth at
N.J.A.C. 5:93-5.6(d):
|
Minimum Percentage of Low/Moderate Income
Units Completed
|
Percentage of Market Housing Units Completed
|
|---|---|
|
0%
|
25%
|
|
10%
|
25% + 1 unit
|
|
50%
|
50%
|
|
75%
|
75%
|
|
100%
|
90%
|
|
100%
|
(2)
A design
of inclusionary developments that integrates low- and moderate-income
units with market units is encouraged, per N.J.A.C. 5:93-5.6(e).
F.
Affordability
controls. To provide assurances that low- and moderate-income units
are created with controls on affordability over time and that low-
and moderate-income households will occupy and continue to occupy
these units, the Township of Harmony will designate Affordable Housing
Management Services (AHMS) with the responsibility of ensuring the
affordability of sales and rental units over time. AHMS shall be responsible
for those activities detailed in N.J.A.C. 5:93-9.1(a). The developer
shall be responsible for the per unit costs of contracting with AHMS.
(1)
AHMS shall
utilize the verification and certification procedures outlined in
N.J.A.C. 5:93-9.1(b) in placing households in low- and moderate-income
units.
(2)
Newly constructed
low- and moderate-income sales units shall remain affordable to low-
and moderate-income households for at least 30 years. AHMS shall require
all conveyances of newly constructed units to contain the deed restriction
and mortgage lien adopted by COAH and referred to as Appendix E at
N.J.A.C. 5:93.
(3)
Housing units
created through the conversion of a nonresidential structure shall
be considered new housing units and shall be subject to thirty-year
controls on affordability. AHMS shall require an appropriate deed
restriction and mortgage lien subject to COAH's approval.
(4)
Rehabilitated
units:
(a)
Rehabilitated
owner-occupied single family housing units that are improved to code
standard shall be subject to affordability controls for at least six
years.
(b)
Rehabilitated
renter-occupied housing units that are improved to code standard shall
be subject to affordability controls for at least 10 years.
(5)
Rental units:
(a)
Newly
constructed low- and moderate-income rental units shall remain affordable
to low- and moderate-income households for at least 30 years. AHMS
shall require an appropriate deed restriction and mortgage lien subject
to COAH's approval.
(b)
Affordability
controls in accessory apartments shall be for a period of at least
10 years, except if the apartment is to receive a rental bonus credit
pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability
shall extend for 30 years.
(c)
Alternative
living arrangements shall be controlled in a manner suitable to COAH,
that provides assurances that such a facility will house low- and
moderate-income households for at least 10 years, except that if the
alternative living arrangement is to receive a rental bonus credit
pursuant to N.J.A.C. 5:93-5.13, then the controls on affordability
shall extend for 30 years.
G.
Affirmative marketing.
All newly created low- and moderate-income housing units shall be
affirmatively marketed in accordance with the Township's affirmative
marketing plan or in accordance with other procedures established
by AHMS and approved by COAH. The developer shall be responsible for
all costs of advertising, preparation of material, publication, printing
and distribution associated with the implementation of the affirmative
housing plan.
H.
Designation of
inclusionary residential development site. The following site and
applicable zone is hereby designated to meet the Township of Harmony's
entire affordable housing obligation as outlined in the Housing Element
of the Master Plan adopted by the Land Use Board on May 30, 2000:
|
Site
|
Zone
|
|---|---|
|
Lot 4, Block 37
|
AH
|
[Added 12-3-2002 by Ord. No. 02-12]
A.
Applicability.
(1)
This section
shall apply to all developments containing low- and moderate-income
housing units in the Township of Harmony.
(2)
An affirmative
marketing plan is a regional strategy designed to attract buyers and/or
renters of all majority and minority groups within the housing region,
regardless of sex, age or number of children, to the affordable housing
units created within the Township. The plan prohibits discrimination
in the sale, rental, financing or other services related to such housing
on the basis of race, color, sex, religion, handicap, age (except
for designated senior citizens' units), familial status, family size
or national origin.
(3)
The Township
of Harmony is located in the northwest housing region of the state
(Region 2) which includes Essex, Morris, Union and Warren Counties.
(4)
The developer/owner/seller
of the low- and moderate-income housing units shall be responsible
for all costs of advertising, preparation of material, publication,
printing and distribution associated with the implementation of the
affirmative marketing plan.
B.
Required outreach.
(1)
Newspapers/Publications:
(a)
All newspaper
articles, advertisements, announcements and requests for applications
pertaining to low- and moderate-income housing units shall appear
in the following daily regional newspapers/publications:
(b)
All newspaper
articles, advertisements, announcements and requests for applications
pertaining to low- and moderate-income housing units shall appear
in the following weekly newspapers/publications:
[1]
Free
Press.
(c)
The primary
marketing shall take the form of at least one press release sent to
the above publications and a paid display advertisement (at least
four column inches) in each of the above newspapers. Additional advertising
and publicity shall be on an "as needed" basis.
(d)
The advertisement
shall include a description of the:
[1]
Street
address(es) of the units;
[2]
Directions
to the housing units;
[3]
Number
of units currently available;
[4]
Anticipated
dates of future available units;
[5]
Number
of bedrooms per available unit;
[6]
Range
of sales prices and monthly rents available;
[7]
Sizes
of available units;
[8]
Income
limit information;
[9]
Where
and how applications may be obtained, including business hours at
each location.
(3)
Applications/Information:
(a)
The following
are the locations where applications and information packets to be
used as part of the affirmative marketing plan shall be made available;
[1]
Harmony
Township Municipal Building;
[2]
Warren
County Library (all branches);
[3]
Union
County Library (all branches);
[4]
Morris
County Library (all branches);
[5]
Essex
County Library (all branches);
[6]
Developer's
sales office;
[7]
Major
employers in the area, including but not limited to the following:
[8]
Churches
and houses of worship in the area, including all churches and houses
of worship in Harmony, Belvidere, Lopatcong, Pohatcong, Phillipsburg
and Alpha.
(b)
Flyers
and copies of applications and information packets shall be sent to
the following community contract organizations, agencies, officials
and departments:
[1]
Warren
County Director of Social Services;
[2]
Morris
County Director of Social Services;
[3]
Essex
County Director of Social Services;
[4]
Union
County Director of Social Services;
[5]
Warren
County Office on Aging;
[6]
Morris
County Office on Aging;
[7]
Essex
County Office on Aging;
[8]
Union
County Office on Aging;
[9]
Warren
County Rental Assistance Office (local DCA office);
[10]
Morris
County Rental Assistance Office (local DCA office);
[11]
Essex
County Rental Assistance Office (local DCA office);
[12]
Union
County Rental Assistance Office (local DCA office);
[13]
Warren
County Housing Agency;
[14]
Morris
County Housing Agency;
[15]
Essex
County Housing Agency;
[16]
Union
County Housing Agency;
[17]
Warren
County Board of Realtors;
[18]
Morris
County Board of Realtors;
[19]
Essex
County Board of Realtors;
[20]
Union
County Board of Realtors;
[21]
Warren
County Community Development Office;
[22]
Morris
County Community Development Office;
[23]
Essex
County Community Development Office;
[24]
Union
County Community Development Office;
[25]
Warren
County Department of Human Services;
[26]
Morris
County Department of Human Services;
[27]
Essex
County Department of Human Services;
[28]
Union
County Department of Human Services.
(c)
The following
is a listing of community contact person(s) and/or organization(s)
that will aid in the affirmative marketing program:
C.
Administration.
(1)
Affordable
Housing Management Services (AHMS) shall have the responsibility to
income-qualify low- and moderate-income households; to provide for
the initial occupancy of low- and moderate-income units with income
qualified households; to continue to qualify households for reoccupancy
of units as they become vacant during the period of affordability
controls; to assist with advertising and outreach to low- and moderate-income
households; and to enforce the terms of the deed restriction and mortgage
loan, per N.J.A.C. 5:93-9.1. The Township Clerk is the designated
contact person in the Township of Harmony to act as liaison to AHMS.
(2)
Owners and
developers of low- and moderate-income housing units shall be required
to affirmatively market their affordable units, as provided herein.
(3)
The developer
shall arrange with a local lending institution or other third party
to offer counseling services to low- and moderate-income applicants
on subjects such as budgeting, credit issues, mortgage qualification,
rental lease requirements and landlord/tenant law.
(4)
In order
to ensure a sufficient supply of qualified applicants, the advertising
process shall continue until at least 10 income-eligible applicants
have applied for each low- and moderate-income unit available or until
all of the available low- and moderate-income units within the Township
have been sold or rented, whichever occurs first.
(5)
The Township
of Harmony shall comply with the monitoring and reporting requirements
of N.J.A.C. 5:93-11.6 and 12.1. AHMS shall either submit the appropriate
documentation to the Township Clerk so that the monitoring and reporting
requirements can be fulfilled or shall submit the monitoring and reporting
documentation directly to COAH.
D.
Prequalification
and selection.
(1)
Households
that apply for low- and moderate-income housing shall be prescreened
by AHMS for income eligibility by comparing their total income to
the current low- and moderate-income limits adopted by COAH. Applicants
will be notified as to their eligibility status.
(2)
Having prescreened
applicants for income eligibility, AHMS shall analyze the income and
household size of each applicant to determine which of the available
low- and moderate-income housing units the applicant is qualified
to occupy.
(3)
AHMS shall
interview each applicant to verify the applicant's income and review
the applicant's credit history. Applicants shall be required to submit
income verification for each household member 18 years of age or older.
This process shall be utilized in establishing the final certified
applicant group.
(4)
If there
is more than one certified applicant for an available low- and moderate-income
unit, placement shall be made on a first-come/first-served basis,
considering the date the application was first received by AHMS.
(5)
The process
described above shall begin at least 120 days before the issuance
of a certificate of occupancy for an affordable dwelling unit and
shall continue until all low- and moderate-income units are occupied
and for as long as there are deed-restricted affordable units within
the municipality.
(6)
A waiting
list shall be maintained by AHMS for the purpose of facilitating the
initial sales and rentals and any resales and rerentals after all
of the low- and moderate-income units have been initially occupied.
AHMS shall update the waiting list annually by contacting prospective
applicants and determining their continuing eligibility for and interest
in the program.
(7)
Households
who live or work within the housing region shall be given preference
over households from outside of the housing region for the first 30
days that a unit becomes available. If no qualified households from
within the housing region can be found within 30 days, the unit may
be sold or rented to a household from outside the housing region.
