[Amended by Ord. No. 95-07]
[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.
Accessory buildings shall be governed by the
following:
A.
The maximum height shall be 15 feet.
B.
Accessory buildings shall not be located in a front
yard, or between the house and the roadway.
C.
Accessory buildings shall be permitted within the
side yard and rear yard setbacks, but shall be a minimum of 10 feet
from the property lines.
D.
Except for the storage of vehicles in garages, accessory
buildings shall be limited to a maximum of 500 square feet in size
or may exceed 500 square feet in size to a maximum of 1,200 square
feet in size if the required setbacks for a principal dwelling are
met.
[Amended by Ord. No. 03-05]
E.
Private
garages shall have space for two motor vehicles for the first 10,000
square feet of lot area, and thereafter one garage space for each
additional 15,000 square feet of lot area, up to a maximum of four
spaces.
[Added 11-18-2015 by Ord.
No. 10-2015]
A.
Fences may be located in the front yard provided that
they shall not exceed four feet in height, measured from the ground
level, and shall be constructed so that at least 50% thereof is open.
B.
Fences and walls located in any side or rear yard
shall not exceed six feet in height measured from the ground level.
C.
All fences or walls shall be symmetrical in appearance;
shall have posts or columns separated by identical distances; shall
consist of material conforming to a definite pattern or size; and
shall be constructed so that the finished side faces outward away
from the property on which it is constructed.
D.
No fence or wall shall be constructed of any material
harmful to humans or animals.
E.
No fence or wall shall be erected along a property
line without a construction permit, and no portion of a fence or wall
shall be located within six inches of any property line. In considering
applications for the erection of a fence or wall, the construction
code enforcement official may require a survey showing the proposed
location of the fence or wall with respect to the existing property
lines.
A.
No retaining wall shall be constructed in excess of
four feet in height unless constructed of reinforced concrete.
B.
No retaining wall shall be of a height greater than
eight feet. In areas where greater height is required, it shall be
accomplished by stepping the retaining walls horizontally one foot
for every four feet of vertical height.
A.
Area. The surface area of a private swimming pool
hereafter constructed or enlarged shall not exceed 25% of the area
of the rear yard.
B.
Location.
(1)
In all cases, the swimming pool shall not be located
in the front yard, and shall comply with all setback requirements
for principal buildings.
(2)
In lieu of a survey, any person may file a certification
with the construction code enforcement official certifying that the
pool will be located in accordance with the requirements of this section.
In the event of a complaint in writing to the construction code enforcement
official by an adjoining property owner that the pool is not located
according to the terms of this chapter, the owner shall furnish a
survey by a licensed surveyor or engineer within 30 days after notice
by the Township of the complaint.
(3)
Fencing. The entire swimming pool area shall be fenced.
The fence shall be a minimum of four feet in height and a maximum
of six feet in height and shall be of such design that it controls
access to the pool area. Where the pool is installed on a corner lot,
and the fence is not a solid fence, the side nearest the street shall
be screened with shrubs not less than four feet in height and forming
a visual barrier.
(4)
Drains. No pool shall drain into a public sanitary
sewer or be located in such a manner that the water from the pool
drains onto another property.
[1]
Editor's Note: Former § 109-121, Accessory apartments,
was repealed 11-20-2019 by Ord. No. 15-2019.
Other accessory structures shall be governed by the requirements of § 109-117 above except for the exceptions listed in the height exceptions subsection.
[Added by Ord. No. 02-04]
A.
Purpose. The purpose of the elder cottage housing
opportunity (ECHO) unit is to provide extended family housing as a
residential accessory structure on a lot with a principal residential
structure. ECHO housing shall provide an alternative to nursing home
and boarding home care so that immediate elderly relatives (62 years
of age or older), or disabled relatives over the age of 18, may live
nearby but not in the same housing unit. This housing is provided
so that it may be installed in an affordable manner and removed easily
at a later date when it is no longer needed. It is the intent of ECHO
housing to provide for the continuing need for mutual support within
the family while maintaining individual independence and financial
security.
B.
Dimensional standards and building standards.
(1)
An ECHO unit shall be considered to be an accessory
use to an existing residential structure and use. However, the ECHO
unit shall meet the side yard and rear yard requirements of the principal
structure.
(2)
Minimum lot area shall be 1.0 acres.
(3)
Maximum square footage of the unit shall be 720 square
feet.
(4)
The ECHO unit shall be placed within the rear yard
and not within the area of the front and side yards. If requested
by the applicant, the Township Planning Board may grant a waiver to
permit a unit in the side yard if it can be shown that the placement
of the unit will have no negative impact upon adjacent properties.
(5)
The ECHO unit shall be positioned on the lot in such
a way as to minimize its visibility from other nearby and abutting
lots. Additional buffering may be required by the Township Planning
Board to meet this criterion.
(6)
The ECHO unit shall be located only upon a lot with
a single-family detached dwelling.
(7)
Only one ECHO unit shall be permitted per lot, and
it shall contain a bathroom, kitchen, living and sleeping facilities.
There shall not be more than two bedrooms.
(8)
The ECHO unit shall be self-contained, barrier-free,
energy-efficient and capable of being moved to another site. The applicant
shall be responsible for preparing the site for installation of the
ECHO unit. It shall be located on masonry block or wooden piers with
adequate tie downs, not on a concrete slab, and shall comply with
the definition of "dwelling."
(9)
If requested by the applicant, and if it can be shown
that the granting of the waiver shall not have a negative impact upon
adjacent properties, the Township Planning Board shall have the right
to grant a waiver to any of the above dimensional standards and building
standards.
C.
Health Department requirements. Written approval of
existing well and septic systems by the County Department of Health
must be submitted along with the application to the Township Planning
Board. The existing system may be expanded if necessary, but a separate
septic system shall not be created for the unit.
D.
Occupancy standards.
(1)
An ECHO unit is for the use and occupancy by not more
than two persons who are related by blood, marriage or adoption to
the owner of the primary dwelling, who must occupy the primary residence
on the premises. The unit may also house one professional caregiver
if the unit is only occupied by one qualified individual. One of the
ECHO unit related occupants shall be 62 years of age or older or disabled
over the age of 18 as defined in Section 223 of the Social Security
Act. The caregiver and/or nonqualified occupant must vacate the unit
within 60 days of the qualified occupant vacating the unit.
(2)
In the event of the death or permanent change of address
of the occupant(s) of the ECHO unit, the owner of the primary dwelling
shall give written notice to the Zoning Officer within 15 days of
the change.
(3)
Within 90 days of the death or permanent change of
address of the occupant(s) of the ECHO unit, the ECHO unit shall be
removed from the premises and written notification of such shall be
given to the Zoning Officer. To facilitate this requirement the unit
shall either be part of an ECHO Housing Unit Program sponsored by
a governmental unit or agency or nonprofit program; or the municipal
agency shall be satisfied that adequate provisions (such as bonding
to ensure the removal of the unit) have been made guaranteeing the
removal of the ECHO unit at the end of the term of the subject occupancy.
(4)
Within 60 days of the removal of the ECHO unit, the
lot shall be restored by the owner of the primary dwelling to the
status prior to the installation of the unit. The owner of the primary
dwelling shall give written notification of such to the Zoning Officer
within this time period, or bonds shall be posted with the Township
to ensure the restoration.
(5)
Application and approval for an ECHO unit shall be considered a minor site plan subject to the review and approval of the Planning Board. Upon submission of the application and checklist, the applicant shall pay an application fee of $100 and establish an escrow in the amount of $500 for professional review, subject to the requirements of Part 2, Article III, of this chapter. Notice of an application for an ECHO unit shall be given in accordance with the provisions of N.J.S.A. 40:55D-12.
(6)
The owner of the primary dwelling shall file an annual
letter with the Township Housing Committee certifying the continuing
compliance by the permittee with the conditions of the original permit
issuance.
