Ordinance No. 21-28

Introduced: August 23, 2021
Public Hearing: September 13, 2021
Status: Failed

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 was a need to clarify the status of these types of dwellings; and

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

WHEREAS, on February 22, 2021, the Vernon Township Council adopted Ordinance #21-08 to address these issues; and

WHEREAS, subsequently, a determination has been made that this legislation should be reintroduced to allow for review by the Township Land Use Board to assess consistency with the Master Plan.

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 shall share a common 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 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 upon final passage and publication as provided by law, however subsequent to the first reading, this ordinance must be referred to the Township Land Use Board for review, which shall be based on whether the ordinance is substantially consistent with the Master Plan. The Land Use Board has a period of thirty-five (35) days after referral to report on the proposed ordinance.

Note: Strikeouts are deletions. Underlines are added material.