[Amended 4-4-2018 by Ord. No. 2018-02]
A. 
As set forth in the settlement agreement, the fair share obligation of the Township consists of a three-unit rehabilitation obligation, a 27-unit prior round obligation, and a two-unit prospective need obligation.
B. 
The Township shall comply with the terms of the settlement agreement.
C. 
The Township of Lebanon has determined that it will use the following mechanisms to satisfy its affordable housing obligations: rehabilitation, accessory apartments, and market-to-affordable buy down.
A. 
The Township of Lebanon'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. 
Eligibility.
(1) 
Household eligibility.
(a) 
Only owners of houses or structures within Lebanon Township are eligible for the rehabilitation assistance provided under this chapter. For owner-occupied units, the owner shall be determined to be income eligible as a low- or moderate-income household as herein defined, in accordance with this chapter. For renter-occupied units, the tenant household shall be determined to be income eligible as low- or moderate-income, in accordance with this chapter.
(b) 
Owners of vacant units which are found to be eligible for assistance under this chapter shall enter into an agreement or deed restriction, that the unit will either be rented or sold to a low- or moderate-income eligible household as provided in this chapter and the rent or sales price of the unit shall be restricted for a term of years as outlined herein.
(2) 
Unit eligibility.
(a) 
A dwelling unit which is proposed to be rehabilitated under this chapter must be found to be a substandard housing unit in accordance with N.J.A.C. 5:97-1.1 et seq., as may be amended by the decision in Mount Laurel IV or a court of competent jurisdiction. A "substandard housing unit" is defined as a unit that was built prior to 1950 and is overcrowded or one with health and safety code violations that require the repair or replacement of a major system. A major system shall include a roof, plumbing (including wells), heating, electricity, weatherization, sanitary plumbing (including septic systems) and/or a load bearing structural system. Upon rehabilitation, housing deficiencies shall be corrected and the house shall be brought up to code standard. The standard for evaluating rehabilitation activity shall be the local property maintenance code or, if none is available, the BOCA National Existing Structures Code. The rehabilitation activity shall not include luxury improvements, the purchase of appliances (with the exception of stoves) or improvements that are strictly cosmetic.
(b) 
All rehabilitated units shall remain affordable to low- and moderate-income households for a period of 10 years (the control period). Owners of units rehabilitated under this chapter shall be bound by 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 of the unit and the accessory apartment, the form of which shall be prepared by the Township Attorney in conformance with the Act.
C. 
Terms of rehabilitation program.
(1) 
The assistance provided under this chapter shall be available until three units of deficient housing have been satisfactorily rehabilitated within the Township's period of substantive certification or judgment of repose.
(2) 
The Township 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.
(3) 
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:
(a) 
If a unit is vacant, upon initial rental subsequent to rehabilitation, or if a renter-occupied unit is re-rented 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.
(b) 
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.
(c) 
Rents in rehabilitated units may increase annually based on the standards in N.J.A.C. 5:97-9.
(d) 
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.
A. 
An accessory apartment shall be occupied by a low-income household meeting the income eligibility standards established by COAH for a period as set forth in any agreement or deed restriction, but not less than 10 years. The owner of the principal dwelling shall reside in the principal dwelling or the apartment at all times.
B. 
No more than one accessory apartment shall be created under this program.
C. 
Accessory apartments are permitted in existing principal or accessory buildings on lots in the following zones and according to the following area, yard and bulk requirements:
(1) 
On any lot in any zone where approval of the proposed septic system can be obtained.
D. 
Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey, in addition to all building codes.
E. 
The rents for the accessory apartment, including an allowance for utilities, shall be affordable to a low-income household as per COAH and UHAC regulations.
F. 
The accessory apartment shall have living and sleeping space, cooking facilities, a kitchen sink, and complete sanitary facilities for the exclusive use of its occupants.
G. 
The accessory apartment shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, wash basin and bathroom tub or shower.
H. 
All rooms shall be accessible from within the apartment.
I. 
The accessory apartment shall be separate from the primary residence and private and secure from all attached units.
J. 
The apartment shall have direct access to the outdoors or directly to a hall from which there is direct access to the outdoors without passing through any other unit, and the accessory apartment shall comply with all requirements of the applicable building codes.
K. 
If the apartment is located on the second or third floor, there shall be at least two means of access to the outdoors, available at all times, as approved by the Construction Official. Exterior stairways for the accessory apartment shall be located at the rear or side of the structure.
L. 
No apartment shall be located above the third floor.
M. 
The net floor area of the apartment shall be at least 400 square feet, and no bedroom shall have a net floor area of less than 80 square feet.
N. 
An accessory apartment shall be permitted in a principal building, or in an accessory building existing at the time of the adoption of this chapter. The accessory apartment shall occupy no more than 1,200 square feet of the principal or existing accessory building.
O. 
At least two off-street parking spaces, or one off-street parking space per bedroom, whichever is greater, shall be provided for each apartment, situated in the side yard or rear yard only.
P. 
An accessory building in which a supplementary apartment is built may not be used for any other purpose, except for the storage of vehicles and equipment normally used on residential or agricultural lots or the operation of a residential or agricultural workshop, provided that large quantities of toxic or hazardous materials are not stored in the building.
Q. 
The sanitary disposal system serving the accessory apartment shall be approved by the Board of Health.
A. 
A market to affordable program is established to permit the subsidization of units rented to low- and moderate-income households through a written agreement with the property owner. Subject to the provisions of Subsection B(3) below, the market to affordable program shall produce one low-income unit.
B. 
The following provisions shall apply to the market to affordable program:
(1) 
At the time it is offered for rental, the eligible unit may be new, pre-owned, or vacant.
(2) 
The unit shall be certified to be in sound condition as a result of an inspection performed by a licensed building inspector.
(3) 
The municipality will provide a minimum of $30,000 to subsidize the low-income unit, with additional subsidy depending on the market prices or rents in a municipality.
C. 
The unit shall comply with N.J.A.C. 5:97-9 and UHAC with the following exceptions:
(1) 
Bedroom distribution [N.J.A.C. 5:80-26.3(b) and (c)];
(2) 
Low/moderate income split [N.J.A.C. 5:80-26.3(a)]; and
(3) 
Affordability average [N.J.A.C. 5:80-26.3(d) and (e)].
All owners of assisted units under the programs set forth in this chapter shall enter into an agreement with the Township, and a deed restriction and/or lien shall be filed, stipulating that the owner agrees to comply with this chapter and the Act for the specified terms as outlined herein.