The purpose of this article is to assist the Borough in meeting
its state-mandated affordable housing obligation by creation of opportunities
to provide for very-low-, low- and moderate-income housing.
For the purpose of this article, the following terms shall have
the meanings indicated:
ACCESSORY APARTMENT
A second dwelling unit on a lot containing a single-family
dwelling, which existed at the time of the adoption of this article,
which second unit may be located within a principal structure, added
to a principal structure or located in a separate accessory building.
The creation of such a dwelling unit shall be clearly incidental to
the primary use of the property as a single-family dwelling and shall
in no way confer upon the property owner any future rights to subdivide
the existing lot in order to place each unit on a separate lot such
a subdivision and the structures involved could conform to all municipal
zoning standards. Accessory apartments shall conform to the requirements
of the New Jersey Council on Affordable Housing.
All accessory apartments shall comply with the following:
A. Accessory apartments shall be a permitted accessory use in the R-10
Zone only.
B. Accessory apartments shall conform to all of the bulk requirements
of the R-190 Zone. For the purposes of this article, detached accessory
apartments shall be considered structures and accessory apartments
attached to a principal dwelling shall be considered a principal structure.
C. The minimum lot size for accessory apartments shall be 10,000 square
feet, except that where a property which is less than 10,000 square
feet already contains an existing accessory structure which can be
converted into an otherwise conforming accessory apartment without
increase in its building footprint, such a unit can be counted as
a qualifying accessory apartment, subject to all of the provisions
and limitations specified herein.
D. Accessory apartments shall comply with all applicable codes and standards
of the State of New Jersey and the Borough of Cresskill. Each apartment
shall contain at least 500 square feet of gross floor area, a minimum
of two rooms and shall also contain a bathroom and kitchen facilities.
Accessory apartments shall also have a separate entrance and, where
attached to a principal structure, shall not have direct internal
access between the dwelling units.
E. At the time of initial occupancy, accessory apartments shall be rented
only to a household which is either a very-low-, low- or moderate-income
household in accordance with the rules and definitions of the New
Jersey Council on Affordable Housing (COAH). Rents shall be affordable
to very-low-, low- and moderate-income households and include appropriate
utility allowances, in accordance with COAH regulations. Cresskill
Borough's current obligation is nine accessory apartments.
F. Properties containing accessory apartments shall be deed-restricted
to ensure that the accessory apartment shall be rented only to an
income-eligible household for a period of at least 10 years from issuance
of a certificate of occupancy for the accessory apartment. Said deed
restriction shall run with the land and shall be assignable to all
successors or heirs.
G. Each accessory apartment shall be connected to adequate potable water
and sewage disposal systems.
H. Accessory apartments shall be affirmatively marketed in accordance
with the Uniform Housing Affordability Controls (UHAC) regulations
and Cresskill's Affirmative Marketing Plan, within the housing region
of the Borough of Cresskill.
I. The maximum height of any detached accessory structure containing
an accessory apartment shall not exceed the maximum height permitted
for accessory structures in the zone. However, if the detached accessory
structure lies fully within the legal building envelope (i.e., not
within any yard setback) for a principal structure then its maximum
height shall not exceed the maximum height permitted for principal
structures in the zone.
J. The Borough of Cresskill accessory apartment program shall not restrict
the number of bedrooms in any accessory apartment.
K. In no case shall a detached accessory structure be located closer
to a public street than the principal structure, except in the case
of the existing accessory structure where no expansion is required.
L. A minimum of one off-street parking space shall be provided for an
accessory apartment, in addition to the off-street parking already
provided on site for the principal structure.
M. No accessory apartment created as a result of this article or these
regulations shall exceed the gross floor area of the existing principal
dwelling on the lot.
The provisions of this article accessory apartments shall become
null and void, having no further force or effect, upon the issuance
of a building permit for the ninth accessory apartment within the
Borough of Cresskill, provided at least one of those units is rented
to a very-low-income household. The administrative provisions shall
remain in full force and effect, unless otherwise modified, until
the last deed restriction expires.