The Township Council 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; tends to impair the
value of both improved and unimproved real property in such areas
with attendant deterioration of conditions affecting the health, safety
and general welfare 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 real 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 and general welfare of the
community.
Except as provided in this chapter, not more than one (1) building
permit shall hereafter be issued for any dwelling to be erected in
a housing development consisting of two (2) or more houses if the
dwelling is substantially the same in exterior design and appearance
as any neighboring dwelling situated on the same or opposite side
of the street within one hundred fifty (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 side lines of each lot or parcel as extended
and measured along the center line of the street.
[Amended 6-13-66 by Ord. No. 66-27-A]
A. Houses of the same model within the specified distance from each
other shall be considered substantially the same in exterior design
and appearance unless there is a substantial change in the exterior
appearance, including the following:
(1) Change in the silhouette which may include changes in the roof design,
chimneys, overhangs, fascias, porches, porticos, breezeways, orientation
of the garage, detached garages, etc.
(2) Change in the front entry design, approach and landscaping.
(4) Change in exterior finish material on all four (4) sides.
B. But, under no circumstances may more than two (2) houses of the same
model be built on consecutive lots on the same side of the street
or, in the alternative, opposite each other, regardless of the changes.
C. For the purposes of this chapter, basic house design refers to split-level,
ranch, bilevel, two-story, cape cod, colonial, or an architectural
design which in the judgment of the Construction Official will be
consistent with the intent of this chapter. Model refers to a basic
house design having substantially the same basic exterior dimensions
and floor plan. Variation in room sizes or reversal of the floor plans,
front to back or side to side, shall not constitute a separate floor
plan.
[Amended 1-25-82 by Ord. No. 82-435]
In addition to the requirements specified in §
49-3, there shall be a variety of separate basic house designs in every housing development and in no event less than the following:
Total Number of Houses in the Development
|
Minimum Number of Separate Basic House Designs
|
---|
4 to 7
|
2
|
8 to 15
|
3
|
16 to 25
|
4
|
26 to 40
|
5
|
41 and over
|
5, plus one for every 20 additional houses or any part thereof.
|
[Amended 6-13-66 by Ord. No. 66-27-A; 10-23-78 by Ord. No. 78-75]
To ensure conformity with the provisions of this chapter, no building permit shall hereafter be issued for more than one (1) dwelling in any housing development, except as provided for in §
49-6, until an engineer's survey or architect's drawing of the entire tract or of the section then being developed has been submitted to the Chief Construction Official, showing thereon or on a schedule attached thereto the model number, type and design of each house, with proper street and lot numbers for each house. The survey or drawing shall also show the dimensions of each house, its exact location on the lot with setbacks and width or depth of all yard spaces and shall be accompanied by a picture, rendering or sketch of each basic house design and the changes in each model for houses within the specified distance referred to in §
49-2. In the event of any change in the layout of the development, location of various houses or change in the design of any house, a revised or amended plan and application shall be filed and approved before such work is started.
[Amended 10-23-78 by Ord. No. 78-75]
To further ensure 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 East Brunswick may, at its discretion,
require an affidavit or a performance guaranty, approved as to form
by the Township Attorney, that the subdivision will be developed so
that the intent and purpose of this chapter is satisfied. The Chief
Construction Official is also hereby authorized to require a similar
affidavit or performance bond before issuance of more than one (1)
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 for any land area not required to be
subdivided.
[Amended 10-23-78 by Ord. No. 78-75; 1-11-82 by Ord. No. 81-429]
Appeals from any decision of the Chief Construction Official
under the provisions of this chapter shall be taken to the Construction
Board of Appeals, and relief may be granted by the Construction Board
of Appeals when, in his opinion, such relief is not detrimental to
the public interest. The Construction Board of Appeals shall schedule
a hearing on the appeal within the time permitted by the Rules governing
the Construction Board of Appeals after receiving written notice thereof,
and it shall return its decision within ten (10) days after completion
of the hearing. The Construction Board of Appeals may convene the
Advisory Building Safety Committee for the purpose of soliciting their
advice, but the opinion of the Committee shall only be advisory.
[Added 2-13-78 by Ord. No. 78-302]
Any owner or 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 the penalties provided for in Chapter
1, General Provisions, Article
I.