Township of Moorestown, NJ Article XXXI Township-Wide Affordable Housing Requirements

[Added 12-10-2018 by Ord. No. 23-2018]

§ 180-123 Mandatory affordable housing set-aside.

A. In addition to specific zoning districts with required income restrictions intended to create affordable housing, there shall apply Township-wide within any zoning district a mandatory set-aside of affordable housing that shall apply to any multiple dwelling or townhouse development, including the residential portion of a mixed-use project, meeting the following criteria:

(1) The number of dwellings proposed results in a net increase of five or more dwellings than would otherwise be permitted by the existing development regulations; and

(2) Results in a gross density of six units per acre or greater.

B. Such requirement shall apply regardless of whether the additional dwellings are by an adopted zoning amendment, a use variance granted by the Zoning Board, adoption of a redevelopment plan, or amended redevelopment plan, except as exempted in Subsection C, below.

C. This requirement shall not apply to residential expansions, additions, renovations, replacement, single-family detached, single-family semidetached, or any other type of residential development that does not result in a net increase in the number of dwellings or gross density as established in Subsection A, above; or any property specifically identified as providing affordable housing in the duly adopted Housing Element and Fair Share Plan of the municipality.

D. The presumptive apportionment of affordable low- and moderate-income units shall be a minimum of 20% for dwellings offered for sale and a minimum of 15% when offered for rent. The calculation of the number of units to be constructed shall be as required by Chapter 97. Any fractional unit shall be rounded up to the next whole number.

E. Any property subdivided or developed in such a manner that has the effect of preventing the development of low- and moderate-income dwellings in accordance with this section shall be considered null and void. The board of jurisdiction may impose reasonable conditions to ensure compliance with this subsection.

F. Nothing in this section precludes the municipality from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this section consistent with N.J.S.A. 52:27D-311(h) and any other applicable law.

G. This requirement does not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

§ 180-124 Relationship to Chapter 97 and uniform housing affordability controls.

Any affordable housing units within the Township of Moorestown shall adhere to the requirements of Chapter 97 of the Code of the Township of Moorestown and the uniform housing affordability controls, N.J.A.C. 5:80-26.1 et seq., as each may be amended or superseded.

§ 180-125 Affordable accessory apartments.

[Added 7-22-2019 by Ord. No. 14-2019]

A. Intent and purpose. It is the intent and purpose of this section to allow for the creation of affordable accessory apartments in the Township of Moorestown in accordance with N.J.A.C. 5:93-5.9 as a means of meeting its affordable housing obligations. An affordable accessory apartment is a self-contained residential dwelling unit with a kitchen, bathroom, sleeping quarters, and a private entrance that is occupied by a low- or moderate-income household. It is the purpose of this program to help meet the municipality's fair share housing obligation through the creation and subsidization of no more than 15 conversions of existing single-family dwellings to two-family dwellings, additions to same or conversions of existing outbuildings suitable for such purposes to accommodate affordable accessory apartments.

B. Program oversight. The affordable accessory apartment program shall be restricted, regulated and administered consistent with the Township's affordable housing regulations, the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) and the New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.). The program shall be administered by the Township's Administrative Agent who shall have the following responsibilities:

(1) Advertising, income qualifying prospective renters, setting rents and annual rent increases, maintaining a waiting list, distributing the subsidy, verifying certificates of occupancy, qualifying properties, handling application forms, filing deed restrictions and monitoring reports, and affirmatively marketing the affordable accessory apartment program in accordance with the UHAC.

(2) The Administrative Agent shall only deny an application for an accessory apartment if the project is not in conformance with COAH's requirements and/or the provisions of this section. All denials shall be in writing with the reasons clearly stated.

C. Property qualification requirements.

(1) Only existing owner-occupied properties containing a single-family detached dwelling on a 15,000-square-foot or larger lot shall be eligible for the affordable accessory apartment program, and only one affordable accessory apartment per lot shall be permitted.

(2) The accessory apartment shall not exceed 1,200 square feet in floor area.

(3) One off-street parking space, which may be a stacked space, shall be provided for the accessory apartment.

(4) Any existing construction code deficiencies shall be corrected in the structure which will contain the subsidized accessory apartment; the standard for evaluating any rehabilitation activity on the existing dwelling unit shall be the BOCA National Existing Structures Code; an evaluation of the structure shall be undertaken and certified by the Township's Construction Code Official.

(5) The subsidized accessory apartment unit shall only be rented to a low- or moderate-income household which has obtained a certificate of eligibility in accordance with the provisions of the Township's Affordable Housing Ordinance (§ 97-1 et seq.).

D. Limitation on number of units. The total number of affordable accessory apartments created through this program shall be limited to no more than 15 total units.

E. Procedure for application.

(1) In order to obtain approval to create an affordable accessory apartment, a property owner shall submit an application on forms to be created by the Administrative Agent, and shall submit the following documentation with the completed application:

(a) A sketch of floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building or in another structure;

(b) Rough elevations showing the modifications of any exterior building facade to which changes are proposed; and

(c) A site development sketch showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units; and any man-made conditions which might affect construction.

(2) The property owner shall also obtain and submit written confirmation from the public works department that there is water and sewer infrastructure with sufficient capacity to serve the proposed affordable accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.

(3) The Administrative Agent shall review an application, and all documentation submitted therewith, and shall approve or deny the application within 30 calendar days.

F. Procedure following approval, restrictions, subsidy, and termination.

(1) The Administrative Agent shall refer a prospective qualified renter to the property owner who shall then make an appropriate, written contractual agreement with the qualified renter, the form of which must be approved by the Administrative Agent.

(2) Prior to the commencement of a qualified renter's occupancy, the property owner shall agree, in writing, to comply with all of the requirements for renting and rerenting to a low- or moderate-income household as established by ordinance, rule or statute.

(3) Once a qualified renter takes initial occupancy of the affordable accessory apartment, and for at least 10 years thereafter, the affordable accessory apartment shall be rented only to a household which is either a low- or moderate-income household.

(4) There shall be 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 for at least 10 years.

(5) In accordance with COAH requirements and the Township's affordable housing agreements with FSHC, the Township shall provide at least $30,000 per unit to subsidize the creation of each low-income accessory apartment, or $20,000 per unit to subsidize the creation of each moderate-income accessory apartment. This subsidy may be used to fund actual construction costs and/or to provide compensation for reduced rental rates.

(6) Upon the expiration of the lease in existence at the conclusion of the ten-year deed or declaration of covenants and restrictions, the approval to use the property as a two-family dwelling shall expire, and the use of the affordable accessory apartment must terminate. Thereafter, the property owner must restore the property to a single-family dwelling.

G. Exemption. Affordable accessory apartments created under this program shall be exempt from the bedroom mix requirements of N.J.A.C. 5:93-7.3 as it may be amended or superseded.

§ 180-126 (Reserved)