[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 252.
Housing and rental property standards — See Ch. 335.
Land use and development regulations — See Ch. 348.
[1]
Editor's Note: This ordinance repealed former Ch. 273, Dwellings, Design and Appearance of, adopted 11-27-1973 by Ord. No. 1378 as Ch. 79 of the 1973 Code.
The Township Council of the Township of Toms River hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such area; tends to impair the value of both improved and unimproved real properties in such areas with attendant deterioration of conditions affecting the health, safety and morals of the inhabitants thereof and the community at large; and tends to deprive the municipality of tax revenue and destroys a proper balance between the taxable value of rural property in such areas and the cost of municipal services provided therefor. It is the purpose of this chapter to prevent these and other harmful effects of uniformity in the design and appearance of dwellings erected in any housing development in the same residential neighborhood and thus to promote and protect the health, safety, morals and general welfare of the community, purposes set forth in N.J.S.A. 40:55-30 et seq.[1]
[1]
Editor's Note: N.J.S.A. 40:55-30 et seq. was repealed by L. 1975, c. 291.
Except as provided in this chapter, no more than one building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within 150 feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
Houses within such specified distances from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
A. 
The same basic dimensions and floor plans are used without substantial differentiation of one or more external elevations.
B. 
The same basic dimensions and floor plans are used without substantial change in orientation of the houses on the lots.
C. 
The height and design of the roofs are without substantial change in design and appearance.
D. 
The size, type and location of windows and doors in the front elevation are without substantial differentiation.
In addition to the requirements specified in § 273-3, there shall be not less than three separate basic house designs in every housing development consisting of eight houses, and not less than four basic house designs in every housing development of 15 houses, and not less than five basic designs in every development consisting of 25 houses.
To insure conformity with provisions of this chapter, no building permit shall hereafter be issued for more than one dwelling in any housing development, except as provided in § 273-6, until an engineer's survey or architect's drawing of the entire tract, or part to be developed, has been submitted to the Construction Official showing thereon, or on a schedule attached thereto, the model number, type or design of each house, with the proper street and lot numbers for each house, its exact location on the lot with setbacks and width and depth of all yard spaces. In the event of subsequent desired change in basic design, application therefor shall be filed with and approved by the Construction Official before such work is started.
To further insure conformity with the provisions of this chapter in respect to new subdivisions for the purpose of a housing development, the Planning Board of the Township of Toms River may, at its discretion, require an affidavit or a performance guarantee approved as to form by the Township Council that the subdivision will be developed as a whole so that the intent and purpose of this chapter is satisfied. The Construction Official is also hereby authorized and directed to require a similar affidavit or performance bond before issuance of more than one building permit in any housing development or part thereof for any subdivision heretofore approved by the Planning Board prior to the enactment of this chapter or to any land area not required to be subdivided.
Appeals for relief from the provisions of this chapter may be taken to the Township Council, and relief may be granted by said body when such relief is not detrimental to the public interest and the denial of such relief would work an unusual hardship upon the appellant.
No detached garage building shall be permitted when space for a garage is already provided or included within premises attached to a dwelling.
Any owner, lessee, or other person or persons who permits, takes part or assists in any violation of any provision of this chapter shall, upon conviction, for each and every violation thereof, and for each and every day that such violation thereof continues, be subject to a fine of not more than $400 or be subject to imprisonment in the county jail for a period not exceeding 90 days, or both.