[Amended 11-20-2019 by Ord. No. 15-2019]
A.
Purpose.
(1)
Accessory apartments are established in conjunction with the Township of West Amwell's affordable housing program, and the rules and regulations established herein shall be designed to ensure that each accessory apartment established hereunder shall be and remain creditworthy under the rules and regulations of the New Jersey Council on Affordable Housing (COAH), as may be modified by a court of competent jurisdiction. The Township reserves the right to rescind or repeal this section at any time after the satisfaction of the Township's affordable housing obligations as specified in its certified housing plan.
(2)
Not more than 11 accessory apartments shall be created under this program.
(3)
At least two accessory apartments will be occupied by very-low-income households. At least four accessory apartments will be occupied by low-income households. Not more than five accessory apartments will be occupied by moderate-income households.
(4)
Accessory apartments shall be occupied by households meeting the income eligibility standards established by COAH or a court of competent jurisdiction as set forth in any agreement or deed restriction for a period of not less than 10 years. Two accessory apartments shall be subject to such occupancy restriction for a period of not less than 30 years.
B.
Permitted use. Accessory apartments shall be a permitted use in all zones in West Amwell that permit single-family residential uses, provided that the appropriate approval of the existing or proposed septic system and potable water supply can be obtained.
C. ACCESSORY APARTMENT
Definition. For the purpose of this section "accessory apartment" shall be defined as follows:
A second dwelling unit located on a lot containing a single-family dwelling. Such a dwelling may be located within the principal structure, added to a principal structure, or located in a detached accessory building.
D.
The creation of such a dwelling unit shall be clearly accessory 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. A deed restriction shall be applied to properties with accessory apartments specifying that such units may not be subdivided off in the future. The owner of the principal dwelling shall reside in the principal dwelling or the apartment at all times.
E.
Apartments shall be established and maintained in a manner consistent with the rules and regulations of COAH, as may be modified by a court of competent jurisdiction, and all building codes.
F.
The rents for accessory apartments, including an allowance for utilities, shall be affordable to qualified households as per COAH and UHAC regulations, as may be modified by a court of competent jurisdiction.
G.
Accessory apartments shall be marketed in a manner consistent with the affirmative marketing requirements of the New Jersey Council on Affordable Housing, as modified by a court of competent jurisdiction.
H.
Standards.
(1)
Lot area. Accessory apartments shall be permitted on lots of 20,000 square feet or greater. Accessory apartments can be established on lots of less than 20,000 square feet, where an existing structure already exists that can be modified or altered to create an accessory apartment as long as all other standards of this chapter are met.
(2)
The property on which the accessory apartment is proposed must be a conforming lot in terms of minimum required lot area, lot frontage, lot width, and lot depth. If the property on which the accessory apartment is proposed is subject to previously approved bulk variances, the addition of the accessary apartment shall not exacerbate the conditions requiring those variances.
(3)
Roadway access. The property on which the accessory apartment is proposed must abut and have direct driveway access to a public roadway.
(4)
Unit size and type.
(a)
Accessory apartments shall contain at least 500 square feet of gross floor area and no more than 1,200 square feet, excluding garage space. No bedroom shall have a net floor area of less than 80 square feet.
(b)
Each unit must contain a minimum of two rooms (one of which must be a bedroom) plus a bathroom. The bathroom must contain a flush toilet, sink, and bathroom tub or shower. Each unit must provide living/sleeping space, kitchen facilities, and complete sanitary facilities for the exclusive use of its occupants. All rooms must be accessible from within the apartment.
(5)
The accessory apartment shall be separate from the primary residence and private and secure from all attached units. Units attached to a principal dwelling must have and maintain a separate entrance to the outdoors or to a hall from which there is direct access to the outdoors without passing through any other unit. The accessory apartment shall not have its entrance located within the principal structure.
(6)
If the apartment is located on the second 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.
(7)
Parking.
(a)
A minimum of one off-street parking space per bedroom shall be provided for an accessory apartment situated in the side yard or rear yard only, provided that no more than two spaces shall be required in addition to existing on-site parking. Such parking spaces shall be reserved for use by the occupants of the accessory apartment. In no case can the parking provided for an accessory apartment result in a reduction of the existing parking for a principal dwelling below two spaces.
(b)
Where new paved or gravel driveways or parking areas are proposed, a minimum five-foot setback from any side or rear property line shall be maintained. Landscaping and/or solid fencing shall be provided to screen such areas from adjacent properties and shall be depicted on the proposed site plan.
(8)
Building setbacks. No new accessory apartment shall be located in any front yard setback. Building setbacks should be consistent within the zoning district and be within the building envelope.
(9)
There shall be no more than one accessory apartment on any lot.
(10)
The property must be in compliance with all applicable building and health codes.
I.
Building height. Notwithstanding the building height limitations that apply to accessory structures elsewhere in the Township's zoning regulations, structures containing an accessory apartment which is developed in a manner consistent with this section shall be permitted to build up to 2 1/2 stories and not exceeding 35 feet.
J.
Building permits; certificate of occupancy.
(1)
A certificate of occupancy shall be required prior to the occupancy of the accessory apartment by the initial tenant consistent with the Township Code.
(2)
Prior to the issuance of a certificate of occupancy for the initial tenant of the accessory apartment, there shall be a deed restriction recorded applying to the property running with the land that sets forth the applicable affordability controls.
(3)
Prior to the issuance of a building permit and/or certificate of occupancy for an accessory apartment, a zoning permit application, site plan and architectural plans (signed and sealed by the appropriate professional) shall be submitted to the Zoning Officer for review to determine compliance with this section and other applicable zoning requirements. Plans shall accurately depict the location, size and appearance of the proposed structure. Any construction relative to the creation of an accessory apartment shall be architecturally treated in a manner which is consistent with the appearance of other structures on site.
(4)
Prior to the issuance of any approvals herein, the property owner shall submit proof that the proposed or existing septic system and potable water supply meets all requirements of the Board of Health or other applicable government agency.
(5)
In addition, before a building permit and/or certificate of occupancy is issued, the applicant shall have entered into and recorded an agreement with the Township specifying that the proposed accessory apartment will be constructed, occupied and maintained in a manner consistent with the requirements of COAH (as modified by a court of competent jurisdiction), including:
(a)
The appropriate length of deed restriction;
(b)
The status of the units as very-low-, low-, or moderate-income units;
(c)
The method and timing of payments/subsidies being paid by the Township; and
(d)
Any other relevant or pertinent items consistent with the intent and purpose of this section and this program in general.
(6)
If the unit is located on the second floor, prior to the issuance of building permits or a certificate of occupancy, the Construction Code Official shall inspect the unit for proper ingress and egress.
(7)
The property owner must submit an affidavit of continuing use every two years.
K.
Illegally created apartments. In the case of any accessory apartment created illegally or without the proper approvals or permits which the property owner desires to legitimize as an accessory apartment under this section, all of the requirements of this section shall apply.