§ 149-1. Definitions.

Unless otherwise stipulated within the Planning and Zoning Ordinances of the Township, the following definitions shall apply throughout:

ACCESSORY BUILDING

A subordinate building or structure on the same lot with a main building or a portion of the main building occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.

ADMINISTRATIVE OFFICER

The Township Manager for the Planning Board or the Zoning Officer for the Zoning Board of Adjustment.

ALTERATION OF BUILDING

A change in the supporting members of a building; an addition to or diminution of a building; a change in use from that permitted in one zone district to a use permitted in another; a conversion of a building or part thereof; or removal of a building from one location to another.

APARTMENT HOUSE

A grouping of at least 100 dwelling units in one structure which are attached one to the other by a common wall or ceiling horizontally and vertically built in conformity with an approved development application.

APARTMENT, SMALL GARDEN

A garden apartment not exceeding 2 1/2 stories in height and consisting of a total of not more than 30 apartment units, with each containing not more than two nor less than one bedroom and designed for residential occupancy for one family.

APARTMENT UNITS

A suite of one or more rooms designed and used exclusively as the residence or sleeping place of one or more persons or by one family.

BOARDINGHOUSE or LODGING HOUSE or ROOMINGHOUSE

A dwelling having one kitchen and used for the purpose of providing lodging, or both meals and lodging, for pay or compensation of any kind, whether computed by day, week or month, to persons occupying such dwellings, other than members of a family.

[Amended 6-13-2016 by Ord. No. 2016-18]

BULK REQUIREMENTS

The requirements of this chapter regulating rear, side and front yard setbacks; frontage and building line requirements; height of structures; and lot coverage of structures.

COMMERCIAL VEHICLE

A vehicle defined by the Motor Vehicle and Traffic Laws of the State of New Jersey (N.J.S.A. 39:1-1) as a truck, truck tractor, trailer, farm tractor, pole trailer, omnibus, school bus or any other type or style of vehicle that has a commercial registration, other than an automobile pickup truck or a van-type vehicle smaller than a parcel delivery van.

COMMON OWNERSHIP

Ownership of two or more contiguous parcels of real property by one person, or by two or more persons owning such property jointly, as tenants by the entirety or as tenants in common.

COMMUNITY RESIDENCE

A residence for the developmentally disabled, as more particularly defined in N.J.S.A. 40:55D-66.1 et seq.

[Added 12-3-1979 by Ord. No. 1979-12; amended 6-22-1992 by Ord. No. 1992-5]

CORNER LOT

A lot at the junction of and having frontage on two or more intersecting streets.

DETACHED SINGLE-FAMILY

A building physically detached from other buildings or portions of buildings, which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities.

[Added 2-25-1991 by Ord. No. 1990-20A]

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable propriety interest in such land.

DRAINAGE RIGHT-OF-WAY

The lands required for the installation of storm water sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage, in accordance with N.J.S.A. 58:1.

DUPLEX

A building on one lot containing two dwelling units with a closed partition between the units, with two independent means of ingress and egress for each unit and with separate utilities for each unit, including but not limited to water, sewer and electrical connections.

[Added 2-25-1991 by Ord. No. 1990-20A]

DWELLING or APARTMENT

A building, or portion thereof, designed or used exclusively as the residence or sleeping place to one or more persons, including one-family, two-family and multiple dwellings, apartment-hotels and boarding- and lodging houses, but not including motels, tourist cabins, trailers, trailer courts or mobile homes.

DWELLING, ONE-FAMILY

A building and/or dwelling unit designed for and occupied by one family.

[Added 12-11-1995 by Ord. 1995-21]

DWELLING UNIT

A room, or series of connected rooms, designed for permanent residency, containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. The dwelling shall be self-contained and shall not require the use of outside stairs, passing through another dwelling unit or indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

[Amended 6-25-1984 by Ord. No. 1984-11; 2-25-1991 by Ord. No. 1990-20A]

FAMILY

One or more persons occupying a dwelling unit, who are living together as a stable and permanent living unit, being a traditional family unit, or the functional equivalent thereof.

[Added 12-11-1995 by Ord. No. 1995-21]

FINAL PLAT

The final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

FLOOR AREA; GROSS FLOOR AREA

The area of all usable enclosed floors in a residential building. The area of all floors in a building other than residential is the gross floor space, that is, the exterior dimensions of the building times the number of floors.

HEIGHT OF BUILDING

The vertical distance from the lowest ground elevation around the foundation to the level of the highest point of the roof surface if the roof is flat or, in the case of sloping roofs, to a point 1/2 the distance between the top of the uppermost plate and the highest point of the roof.

LOT

A parcel of land which is or may lawfully be occupied by one main building and accessory buildings, including the yards required by this chapter. In the event that more than one plot or lot as set forth on any map filed in the Burlington County Clerk's office or lot as set forth on the present or future Assessment Maps of the Township of Mount Holly is used, in part or in full, with one or more other such plots or lots for the erection of a building and its accessories, including yards required by this chapter, the aggregate of all such plots or lots shall, for the purpose of this chapter, be deemed to be one "lot."

LOT AREA

The total square unit contents included within lot lines.

MAJOR SUBDIVISION

Any subdivision not classified as a minor subdivision.

MASTER PLAN

A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board.

MINOR SUBDIVISION

Any subdivision containing not more than three lots fronting on an existing street, not involving any new street or the extension of municipal facilities or off tract improvements and not adversely affecting the development of the remainder of the parcel or adjoining property.

MULTIPLE-FAMILY DWELLING

A building designed or occupied by two or more dwelling units.

NONCONFORMING LOT

A lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE

A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

OFFICIAL MAP

A map adopted in accordance with Article 5 of the Municipal Land Use Law or any prior act authorizing such adoption.

ONE-FAMILY OR SINGLE-FAMILY RESIDENTIAL BUILDING

A building designated for or occupied exclusively by one family.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PARKING AREA

An open area, other than a street or other public way, used for the parking of motor vehicles and available for public use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.

PARKING SPACES

Accommodations for off-street motor vehicle parking which shall have an area of not less than 200 square feet per vehicle, exclusive of access drives or aisles, and shall be a minimum of 10 feet in width measured perpendicular to the axis of the length, with adequate provision for ingress and egress to all parking spaces.

PERFORMANCE GUARANTY

Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PLANNED UNIT DEVELOPMENT

A cluster of two or more apartment houses, townhouses or single-family dwellings on a single lot or tract of land, designed as a unified development with appropriate landscaping, common open spaces, common maintenance and other common facilities and services.

PLAT

The map of a subdivision.

PRELIMINARY PLAT

The preliminary map indicating the proposed layout of the subdivision which is submitted to the Municipal Clerk for Planning Board consideration and tentative approval and meeting the requirements of this chapter.

PRIVATE GARAGE

A detached accessory building or portion of a main building used only for the storage of a passenger vehicle or vehicles and not more than one commercial vehicle. Each bay in the garage shall not exceed 12 inches by 20 inches.

PUBLIC GARAGES

Any building, premises or land in which or upon which a business, service or industry involving the storage, maintenance, washing or servicing of motor vehicles is conducted or rendered.

PUBLIC USES

Uses owned and operated by an agency having general governmental powers.

REVIEW BOARD

The agency of the Township of Mount Holly that is responsible for the approval of the application for development under consideration.

SECRETARY, MOUNT HOLLY PLANNING BOARD

The Township Manager of Mount Holly Township.

SIGN, SIGNS, SIGNBOARD or BILLBOARD

Includes every sign, billboard, ground sign, roof sign, sign printed on the exterior surface of a building or structure or displayed in a window thereof, illuminated sign, temporary sign, awning, banner or canopy and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed out of doors in view of the general public or in a window otherwise so placed as to be visible from a street, public place or adjoining private property in view of the general public.

SINGLE-OWNERSHIP

Ownership by one person or by two or more persons, whether jointly or as tenants by the entirety or as tenants in common, of a separate parcel of real property not adjacent to the land in the same ownership.

SITE PLAN

A development of one or more lots on which is shown:

A. 

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

B. 

The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and

C. 

Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Reviewing Board.

SKETCH PLAT

The sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of this chapter.

SMALL DUPLEX DEVELOPMENT

A development consisting entirely of duplex dwelling units or a combination of single-family detached and duplex units found by the Planning Board to meet the standards elsewhere contained in § 149-93B. Apartments and townhouses are to be specifically excluded from a small planned duplex development.

[Added 2-25-1991 by Ord. No. 1990-20A]

STREET

Any street, avenue, boulevard, road, land, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter streets shall be classified as follows:

A. 

Through streets are those which carry traffic from interior streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.

B. 

Interior streets are those which are used primarily for access to abutting properties.

C. 

Marginal access streets are streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.

D. 

Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVISION

A. 

The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created:

(1) 

Divisions of land found by the Planning Board to be for agricultural purposes where all resulting parcels are five acres or larger in size;

(2) 

Divisions of property by testamentary or intestate provisions;

(3) 

Divisions of property upon court order; and

(4) 

Conveyances so as to combine existing lots by deed or other instrument.

B. 

The term "subdivision" shall also include the term "resubdivision."

TOWNHOUSE

One of a series of more than one dwelling units which are attached to other dwelling units horizontally by a common wall together with individual rear and/or front yards designed as an integral part of each unit, built in conformity with an approved development application.

YARDS

A. 

FRONT YARD

An open unoccupied space except by a use as hereinafter permitted extending across the full width of the lot between the front street line and the front line of the nearest building to such street line.

B. 

REAR YARD

A space unoccupied, except by an accessory building or use as hereinafter permitted, extending across the full width of the lot between the rear line of any building, other than an accessory building, and the rear lot line.

C. 

SIDE YARD

An open unoccupied space except by a use as hereinafter permitted on the same lot with the building, between the building and the side lot line, extending from the front yard to the rear yard.

Editor's Note: Repealed by P.L. 1981, c. 262. See N.J.S.A. 58:1A-1 et seq.

Added 6-25-1984 by Ord. No. 1984-11