[HISTORY: Adopted by the Township Council of the Township of East Brunswick 9-13-65 as Ord. No. 65-27 and as Ch. XXV of the Revised General Ordinances. Section 49-8 added at time of adoption of Code; see Ch. l, General Provisions, Art. I. Other amendments noted where applicable.]
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]
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:
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.
Change in the front entry design, approach and landscaping.
Change in fenestration.
Change in exterior finish material on all four (4) sides.
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.
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:
[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.