The Township Council hereby finds that excessive uniformity or similarity
in the exterior design and appearance of buildings erected in the same residential
neighborhood for occupancy as dwellings for single families adversely affects
the desirability of immediate and neighboring areas for residence purposes
and by so doing impairs the benefits of occupancy of existing residential
property in such areas, impairs the stability and value of both improved and
unimproved real property in such areas, prevents the most appropriate use
of such real property, prevents the most appropriate development of such areas,
produces degeneration of residential property in such areas, deprives the
Township of tax revenue which it otherwise could receive and destroys a proper
balance in relationship between the taxable value of real property in such
areas and the costs of the municipal services provided therefor and for some
or all of these reasons results in a substantial depreciation in the property
values of the neighborhood. It is the purpose of this chapter to prevent these
and other harmful effects of excessive uniformity or similarity in the exterior
design and appearance of buildings erected in the same residential neighborhood
for occupancy as dwellings for single families and thus to promote the general
welfare of the community.
In relation to the premises with respect to which the permit is sought,
a building shall be deemed to be a neighboring building if the lot upon which
it or any part of it has been or will be erected is any one of the following
lots as shown on the Tax Map of the Township:
A. Any lot on the street upon which the building to be erected
on the premises would front which is the first or the second lot next along
the street in either direction from the premises, without regard to intervening
street lines.
B. Any lot any part of the street line frontage of which is across such street from the premises or from a lot referred to in Subsection
A of this section.
C. Any lot any part of the street line frontage of which
faces the end of and is within the width of another street if there are less
than two lots between the premises and the end of the other street.
D. Any lot on another street which adjoins the premises.
E. Any lot any part of the street line frontage of which is across another street from the premises or from a lot referred to in Subsection
D of this section; provided, however, that notwithstanding any of the foregoing provisions of this section, no building shall be deemed to be a neighboring building in relation to the premises if its rear elevation faces the street upon which the building which is to be erected on the premises would front. It is further provided that the site plan for each building must show a front setback varying at least five feet from the building on either adjoining property.
An applicant for a building permit for the erection, relocation or exterior
alteration of any building for occupancy as a dwelling for a single family
shall submit, as a part of the application, drawings showing the design of
the exterior appearance of such proposed structure.
In any case in which the Township Construction Official shall deny an application for a building permit solely or partly because of a supposed violation of the provisions of §
109-3, he shall promptly send to the applicant, by prepaid mail, addressed to the address of the applicant set forth in the application, a notice of his action which shall specify the ground or grounds upon which the same is based.
Insofar as it relates to the provisions of §
109-4 of this chapter, action by the Construction Official shall be subject to administrative review only upon an appeal to the Morris County Construction Board of Appeals duly taken under §
109-7.
Any person aggrieved by action of the Construction Official in denying an application for a building permit solely or partly because of a supposed violation of the provisions of §
109-3 and any interested person who claims that action of the Construction Official in granting an application for a building permit violates such provision may take an appeal therefrom to the Morris County Construction Board of Appeals by filing a notice of appeal, which shall specify the grounds thereof, with the Construction Official and with the Morris County Construction Board of Appeals within 15 days from the date on which such action was taken. Upon receipt of such notice of appeal, the Construction Official shall forthwith transmit to the Morris County Construction Board of Appeals all of the papers constituting the record upon which the action appealed from was taken, and such appeal shall be heard by the Morris County Construction Board of Appeals in accordance with the provisions of law governing the hearing of appeals by such Board.