Ordinance No. 20-23

Introduced: November 23, 2020
Public Hearing: December 14, 2020
Status: Pending

Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending Chapter 330 Entitled "Land Development" to Regulate Multi-Generational Family Accommodations

Note: Strikeouts are deletions. Underlines are added material.

WHEREAS, the Township of Vernon (“Township”) seeks to ensure that single family dwellings are not being improperly converted or utilized as two-family dwellings; and

WHEREAS, there are multi-generational family accommodations present in the Township and there is a need to clarify the status of these types of dwellings; and

WHEREAS, a determination has been made that there is a need to update the Township of Vernon's municipal code to regulate multi-generational family accommodations.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Township of Vernon, County of Sussex, and State of New Jersey, as follows:

SECTION 1
Chapter 330, Article II, Section 330-5 shall be amended to include the following definition in proper alphabetical order:

MULTI-GENERATIONAL FAMILY ACCOMMODATIONS

A dwelling area similar to those sometimes called a “mother-daughter apartment,” serving as secondary living space for a relative or relatives. The living space shall be connected with a door to the remainder of the residence and may have separate kitchen appliances pursuant to the applicable federal, state and local codes. The accessory apartment must share a common entrance and may not have a separate exterior entrance. The dwelling area shall be considered an accessory apartment. Before the accessory apartment can be occupied, the property owner must obtain a zoning permit by: 1) completing a zoning application accompanied with a $50.00 application fee and 2) completing a notarized form supplied by the Township specifying the persons permitted to occupy the accessory apartment and agreeing to remove all kitchen appliances when the named person no longer resides in the accessory apartment (“Occupancy Form”). The Occupancy Form must be recorded with the office of the Sussex County Clerk and proof of recording must be provided to the Township before a zoning permit will be issued. The failure of the property owner to obtain the zoning permit shall be a basis for the imposition of fines in accordance with § 330-215 of the Code.

SECTION 2
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 3
Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4
This Ordinance shall take effect immediately as provided by law.

Note: Strikeouts are deletions. Underlines are added material.