Township of Howell, NJ Article XIV Residential Design Standards

[Amended 12-16-2002 by Ord. No. O-02-49; 3-16-2004 by Ord. No. O-04-07; 6-30-2009 by Ord. No. O-09-29; 6-30-2009 by Ord. No. O-09-30; 5-25-2010 by Ord. No. O-10-14]

§ 188-117 General.

A. Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. Where either an Official Map or Master Plan have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in the approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities, or installed in required locations to enable future connections with approved systems or contemplated systems, and shall be adequate to handle all present and probable future development.

B. Character of the land. Land which the approving authority finds to be in areas identified in the natural resources inventory as having severe or moderate soil characteristics particularly as the land relates to flooding, improper drainage, steep slopes, rock formations, soil conditions, adverse topography, utility easements, or other features which can reasonably be expected to be harmful to the health, safety, and general welfare of the present or future inhabitants of the development and/or its surrounding areas shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this chapter and all other regulations.

C. Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established, and that the access road is adequately improved.

D. Development name. The proposed name of the development shall not duplicate, or too closely approximate, the name of any other development in the Township. The approving authority shall have final authority to designate the name of the development which shall be determined at the sketch plat stage.

E. Recycling. Every application shall show the location of all recyclable material storage areas as required pursuant to § 188-32.

§ 188-118 Streets.

A. All development shall be served by paved streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, conform with the topography as far as practicable, and allow for continued extension into adjoining undeveloped tracts.

B. When a development adjoins land capable of being developed or subdivided further, suitable provisions shall be made for optimum access from the adjoining tract to existing or proposed street.

C. Local streets shall be designed to discourage through traffic.

D. In all residential zones, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location, or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reserve strip controlled by the Township or county. That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery grown trees to a depth of not more than a twenty-five-foot buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the highway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five feet in height, they shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.

E. In all development the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines. In the interest of public safety the Board of Fire Commissioners does not support any waivers to Subsection E. All private roads shall meet the standards as though they are public roads.

Street Classification	ROW Width (feet)	Traffic Lanes	Width Between Curbs (feet)	Total Utility and Right-of-Way Outside the Curb* (feet)
Arterial	86	4 at 12 feet	64	22
Collector	60	2 at 12 feet	40	20
Primary local	56	2 at 10 feet	36	20
Secondary local	56	2 at 10 feet	36	16

*Shall be grass stabilized topsoil, minimum four inches deep.

(1) Dead-end streets and culs-de-sac. All dead-end streets and culs-de-sac shall be, at a minimum, designed in accordance with the Residential Site Improvement Standards.

(2) One-way streets. The minimum width of any one-way street is to be 36 feet. If the street is a divided one-way street, it shall be 30 feet wide with no parking on one side.

F. No development showing reverse strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the governing body.

G. In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Howell permitting the Township to enter upon these lands for the purposes provided for and expressed in the Subdivision Ordinance of the Township of Howell." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for any maintenance or performance guarantees. If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

H. Longitudinal grades on all local streets shall not exceed 10%, nor 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 4/10 of 1%. Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practice.

I. Intersecting street center lines shall be nearly at right angles as possible and in no case shall they be less than 60° at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall have at least 250 feet between the two street center lines. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street with the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines: arterial at 40 feet; collector at 30 feet; and local streets at 20 feet. No local streets shall be part of a four-way intersection.

J. Sight triangles shall be provided as required § 188-28.

K. All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade, or portion thereof, and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street, and 550 feet for an arterial street. Intersections shall be desired with as flat a grade as practical with the advice of the Municipal Engineer.

L. No streets shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.

M. Minimum pavement requirements.

(1) The minimum requirement for the pavement of the street shall be in accordance with the Residential Site Improvement Standards. All materials for roadway construction shall conform to the current New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction. The surface course shall be FABC Type I-5 stone mix composition, the base course shall be bituminous stabilized base course Type I-1, stone mix composition, and the soil aggregate shall be broken stone in conformance with Section 901 of the state specifications.

(2) All subgrades shall be prepared in accordance with the applicable requirements of the standard specifications. Prior to the construction of any subbase, base or pavement course, all soft or yielding portions of the subgrade which do not attain the required stability will be removed and replaced with suitable material, and the whole surface of this subgrade shall be uniformly compacted. Any proposal by the developer to stabilize the subgrade shall be subject to approval of the Township Engineer.

(3) Bituminous base courses for use with bituminous concrete pavements shall be constructed in accordance with the standard specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single-lift maximum thickness not exceeding four inches. Prior to placement of a bituminous surface course, the finished surface of any underlying subbase shall receive a prime coat in accordance with the requirements of the standard specifications. In addition, prior to the placement of the surface course, the pavement section shall be cored in accordance with the state specifications for determination on composition, air voids, and thickness. If the previously placed pavements do not adhere to the requirements contained herein, then the Township Engineer will make a determination on the corrective measures to be undertaken. The coring shall be performed by a certified testing lab, employed by the developer, and directed by the Township Engineering Department.

(4) During the placement of the surface course, the developer and/or his or her contractor shall provide the labor and containers to take samples of the top material for testing. The developer shall employ a certified testing lab to perform the testing and reports.

(5) No bonding reductions will be considered until the various test results for the items requested in the reduction have been fully analyzed and determined to comply with the ordinance and NJDOT requirements.

§ 188-119 Residential driveways.

A. All residential dwellings shall be served by a paved or concrete driveway. Pavers are acceptable and shall be permitted as well.

B. No driveway shall be constructed in such a way as to create a drainage problem on an adjacent property or Township road.

C. No driveway shall be constructed closer than five feet from any property line.

D. Single lot driveways less than 150 feet in length shall be a minimum of 12 feet wide.

[Amended 11-14-2016 by Ord. No. O-16-22]

E. Single lot driveways over 150 feet in length shall conform to the requirements of § 188-166, Emergency access, Subsection B. The first 150 feet shall be paved and the balance of the driveway shall be designed to accommodate emergency vehicles for a minimum of 28,000 pounds.

[Amended 11-14-2016 by Ord. No. O-16-22]

F. All driveways shall have a fourteen-foot minimum height clearance.

G. Paved residential driveways shall be constructed of four inches of compacted dense graded aggregate (DGA) or approved equal in accordance with the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction, latest edition. The DGA shall be placed on the properly shaped, graded and compacted subgrade. A minimum of 2 1/2 inches of hot mix asphalt (HMA) base course shall be placed on the DGA followed by at least 1 1/2 inches of HMA surface course to be placed as the final layer of the driveway. All materials shall conform to the latest edition of the NJDOT specifications and will change as the NJDOT updates its requirements without further amendments hereto.

[Amended 11-14-2016 by Ord. No. O-16-22]

H. Concrete driveways shall be constructed a minimum of six inches thickness. The concrete shall have a compressive strength of 4,500 pounds per square inch after 28 days. A bituminous expansion joint filler 1/2 inch thick shall be installed every 10 feet.

I. The Planning Board or Zoning Board, as the case may be, may approve stone pavers driveway or pattern stamped concrete driveway design. A construction detail must be provided subject to its approval.

J. To accommodate side entrance garages, the distance from the garage door to the edge of the driveway shall be a minimum of 30 feet. A turnaround area is also required.

K. A residential dwelling shall not be serviced by a common driveway. Every residential dwelling must be served by a driveway.

L. All accessory structures shall comply with Section 503 of the 2015 International Fire Code.

[Added 11-14-2016 by Ord. No. O-16-22]

§ 188-120 Street signs.

Street signs shall be metal on metal posts of the type, design and standard required in the Street Ordinance or, if there is no street ordinance in effect at the time, then as approved by the approving authority on advice of the Municipal Engineer or in accordance with the New Jersey Department of Transportation. The location of the street signs shall be determined by the Engineer but there shall be at least two street signs furnished at each four-way intersection and one street sign at each T-intersection. All signs shall be installed free of visual obstruction.

§ 188-121 Streetlighting.

A. The intent of lighting is to ensure that it contributes to the character and safety of the site and its use without disturbing adjacent development. Lighting shall be provided within parking areas and along pedestrian walkways. Lighting fixtures shall be limited to heights of 30 feet or 16 feet as determined by the appropriate board and there shall be a two-hundred-foot distance between each pole. All lighting shall be shielded from producing off-site glare, either through exterior shields or through optical design inside the fixture. The light intensity provided at ground level shall be determined by the appropriate board. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. The type of light source used on buildings, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. Lighting along pedestrian walkways should be decorative. The lighting along walkways and commercial areas may consist of the following lighting fixtures that are shown in the Jersey Central Power and Light Municipal Lighting Handbook, dated September 2007:

(1) Colonial Post Top Standard Luminaire.

(2) Ornate Colonial Post Top Luminaire — I.

(3) Standard Cobra Head Luminaire on thirty-foot pole.

B. The use of low-pressure sodium or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited for commercial only.

C. All fixtures and poles shall be "contributor fixtures and poles." The cost of the fixtures and the poles is the sole responsibility of the applicant/developer.

§ 188-122 Street trees.

All street trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and be of a species approved by the approving authority. Trees shall be planted 40 feet to 60 feet apart and parallel to but no less than 20 feet from the curbline and shall be balled and burlapped, nursery grown, free from insects and disease, will be hardy and thrive in the area and be true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.

§ 188-123 Bikeways.

Bikeways shall be required at the approving authority's discretion depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route plan adopted by the Planning Board. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways shall generally not exceed a grade of 3%, except for short distances, and they shall be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall have a minimum four-inch base of gravel, crushed stone or slag on the subgrade and a two-inch FABC-2 surface course. Where separate bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade. Bikeways designated for one-way travel shall only be located along streets. Minimum width for bikeways built in locations other than along streets is eight feet.

§ 188-124 Blocks.

A. Block length, width and acreage shall be sufficient to accommodate the size lot required in that zoning district and to provide for convenient access, circulation control, and traffic safety.

B. Blocks over 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks and/or bikeways between lots may be required in locations deemed necessary by the approving authority, and shall be at least eight feet wide and be straight from street to street. Blocks over 1,500 feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.

§ 188-125 Curbs and gutter.

Concrete curb with gutter, or concrete curb, or Belgian Block curb shall be installed along every street within the development and at intersections with Township roads, county roads and state highways, as directed. The standard curb section to be used shall not be more than 10 feet in length, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Concrete curbs shall be six inches by 18 inches, using Class B concrete having a twenty-eight-day compressive strength of 3,000 psi. At locations specified by the approving authority, the curbing shall be designed to provide a ramp for bicycles and/or wheelchairs.

§ 188-126 (Reserved)

§ 188-127 Easements.

A. Easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 25 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or Township departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines, unless the New Jersey Residential Site Improvement Standard requires a different width and location.

B. Floodplains, riparian, wetland, farmland, perimeter, stream corridor and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. All of these easements shall be labeled as buffer and conservation easements dedicated to the Township of Howell. These easements shall be identified by a monument or marker placed every 75 feet along the boundaries of such easement.

C. Structures, disturbance, storage of material, parking of vehicles or the removal of trees and ground cover shall be prohibited in any type of conservation easement or floodplain except for the following purposes: the removal of dead and diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes. Such activities shall be permitted within the wetlands and wetland transition areas only in accordance with the New Jersey Freshwater Wetlands Protection Act.

D. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "__________ easement dedicated to the Township of Howell."

E. Any type of conservation easement shall be posted with the appropriate materials as determined by the Township Engineer. The markers shall state "conservation easement" with the Howell logo. The markers may be purchased from the Township or from an approved vendor. If purchased from the Township, the fee for a concrete conservation easement survey marker shall be $100. The markers shall be attached to four-inch-by-four-inch posts made of concrete. The location of the markers shall be shown on the plat. The marker shall be installed flush with the ground so that it may be seen at all times. These markers must be installed prior to receiving a certificate of occupancy.

F. All deeds of easement and dedication must be deeded to the Township of Howell in a format approved by the Township Engineer and Township Attorney prior to the recording of any such deeds. All deeds approved by the Township Engineer and Township Attorney shall be recorded simultaneously with the appropriate map. All original recorded deeds must be returned to the Township of Howell.

§ 188-128 Fire protection.

A. Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Township Fire Department or Municipal Engineer and in accordance with Fire Insurance Rating Organization Standards.

B. Where streams or ponds exist, or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams, or similar on-site or off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and in accordance with fire insurance rating organization standards.

§ 188-129 Lakes.

Any lake constructed to provide waterfront lots for a residential development shall have a minimum area covered by water of at least five acres and an average depth of water of not less than four feet from May 1 to September 1 of each year.

§ 188-130 Lots.

Lot dimensions and area shall not be less than the requirements of the zoning provisions. Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

§ 188-131 Public utilities.

All public services shall be connected to an approved public utilities system where one exists.

A. The developer shall arrange with the servicing utility for the underground installation of the utilities distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

B. The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines but the service connections from the utilities, overhead lines shall be installed underground. In the case of existing overhead utilities, shall a road widening, or an extension of service, or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.

C. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round.

D. On any lot where by reason of soil conditions, rock formations, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this section, the developer may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 188-137, Exceptions. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.

E. Any installation under this section to be performed by a servicing utility shall be exempt from requiring performance guarantees, but shall be subject to inspection and certification by the Municipal Engineer.

§ 188-132 Sidewalks.

[Amended 5-21-2019 by Ord. No. O-19-29]

A. Sidewalks shall be constructed on both sides of all proposed streets, along the entire frontage of the subject property, and in other selected locations determined by the Board to be in the interest of public safety and proper pedestrian circulation. Sidewalks shall be at least four feet wide and four inches thick, except at points of vehicular crossing, where they shall be at least six inches thick with welded wire fabric reinforcement. The sidewalk subgrade shall be a minimum of six inches thick of compacted porous material approved by the Township Engineer prior to placement of any concrete. Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet. Provide one-half-inch-wide preformed bituminous expansion joints at intervals not exceeding 20 feet. Contraction joints shall be cut into the concrete sidewalk between the expansion joints at every four feet. All concrete shall be air-entrained, having a twenty-eight-day compressive strength of 4,500 psi.

B. The Township Planning Board and Zoning Board of Adjustment may grant a waiver from the required installation of sidewalks in appropriate cases if the waiver is reasonable and proper as related to a particular development and the absence of sidewalks does not violate the safety, health and welfare of present or future residents. Said waiver may be granted at the request of the developer or on the reviewing agency's own initiative. In addition to the foregoing, both the Planning Board and Zoning Board shall be guided in their decision big any applicable laws and regulations. This provision shall be administered strictly, and if the applicant fails to dispel all negative aspects of applicant's alternate proposal raised by the Planning Board, Zoning Board or any of its consultants or other agencies of the Township, the waiver shall be denied.

[Amended 7-14-2020 by Ord. No. O-20-13]

C. Upon the granting of such a waiver, the developer shall be required to pay to the Township of Howell an amount equal to the reasonable cost of installing sidewalks, said amount to be determined at a rate of $7 per square foot. Minor subdivision applications shall be exempt from this requirement. All funds collected by the Township of Howell from developers as set forth above shall be maintained in a Sidewalk Trust Fund account which is hereby authorized and created, the proceeds of which shall be made available to install sidewalks throughout the Township of Howell where properly authorized by the Mayor and Council.

[Amended 7-14-2020 by Ord. No. O-20-13; 9-14-2021 by Ord. No. O-21-27]

D. Nothing contained herein shall affect the right of the Township of Howell to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or other statutory rights granted to municipalities. In the case of residential sidewalks, nothing in this section shall grant relief from, or preempt the Residential Site Improvement Standards as required by law.

[Added 9-14-2021 by Ord. No. O-21-27]

§ 188-133 through § 188-134. (Reserved)

§ 188-135 (Reserved) [1]

[1] Editor's Note: Former § 188-135, Alternates to curbs and sidewalks in major subdivisions, was repealed 5-21-2019 by Ord. No. O-19-29.

§ 188-136 Duty of compliance by applicant; effect of county review.

Regulation of the development of land and the attachment of reasonable conditions to development applications is an exercise of valid police power delegated by the state to this municipality. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication, improvements, and the use of the land so as to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. Where County Planning Board review or approval is required on a subdivision, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval of the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the municipal approving authority shall be null and void and new resolution shall be adopted which considers the County Planning Board's report.

§ 188-137 Exceptions.

A. The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the design standards of Article XIV of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

B. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer being required to make further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 188-138 Look-alike requirements.

A. Design of buildings. No building or other structure shall hereinafter be erected, constructed, placed, altered, or enlarged in any residence in any residential zone which shall be substantially similar in appearance to any neighboring residential unit, as hereinafter defined, then in existence for which a building permit has been duly issued and remains valid, unless such building shall vary in a reasonably substantial manner. In determining whether a building varies in a substantially reasonable manner a unit must either be of a different model type than a neighboring residential unit (e.g., colonial vs. ranch vs. contemporary, etc.) or be different in at least three of the following criteria:

(1) Orientation of house on lot (e.g., garage location);

(2) Garage entry (e.g., front, side or rear entry);

(3) Type of fenestration (e.g., double hung vs. casement vs. circle top, etc.);

(4) Number of windows and location of windows and doors on street elevation;

(5) Roofline design (e.g., hip, dutch, gable, gambrel, mansard, etc.);

(6) Roof pitch (provided there is at least a three-foot or greater difference in the rise over the run of the roofline);

(7) Substantial change of floor plan which alters street elevation (e.g., larger capacity garage, one- vs. two- vs. three-car, additional bedrooms, additional family room or den, etc.);

(8) Facade treatments (e.g., brick vs. stone vs. aluminum/vinyl, etc.);

(9) Landings, porches or other prominent ornamentation on street facade; or

(10) Color of street facade.

B. Neighboring residential unit defined. In relation to the premises with respect to which a building or structure is sought to be erected, constructed, placed, altered, or enlarged, a building or structure shall be deemed to be a neighboring residential dwelling unit, building or structure if the lot or lots upon which it or any part of it has been or will be located is one of the following:

(1) Any building lot facing the same side of the street upon which the building or structure to be located on said premises will front, which is either the first or second lot next along the street in either direction from said premises, except with regard to intervening street which would be considered as if it were a separate lot.

(2) The two closest building lots which are across and facing the street upon which said premises will front.

C. Submission of floor plans required. Prior to the issuance of a building permit, the Director of Land Use shall require the applicant to submit floor plans and elevations, including descriptions of materials to be used thereon, drawn to a scale of 1/4 inch equals one foot for review and approval. All reviews for compliance with this section shall occur within the time period prescribed in statutes authorizing and providing for the approval of building permits, including but not limited to the Uniform Construction Code.[1]

[Amended 8-15-2016 by Ord. No. O-16-15]

[1] Editor's Note: See Ch. 108, Construction Codes, Uniform.