As used in this chapter, the following terms shall have the
meanings indicated:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
[Added 10-22-2013 by Ord. No. 25-2013]
Buffer zones, setbacks or other areas, surfaced or natural,
open space or improved space used in connection with the subject premises.
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot.
The Planning Director or the Planning Department Supervisor
of the Township of Mount Olive.
[Amended 11-9-2004 by Ord. No. 34-2004]
Monthly rent (excluding utilities) or monthly home ownership
costs (mortgage, principal and interest, plus taxes, insurance and
condominium or homeowner's association dues) that total no more than
25% of the occupant household's gross monthly income. For sale units,
the sale price may be computed based upon an assumption of a 10% down
payment and a conventional mortgage at prevailing rates. An affordable
low-income unit shall be one which is sold or rented at a sales price
or rent level computed by utilizing the aforementioned formula and
which is based on the relevant household income of a two-person household
for a one-bedroom unit, a three-person household for a two-bedroom
unit and a five-person household for a three-bedroom unit. However,
in the R-5ML Zone only, the computation for a two-bedroom unit shall
be determined by averaging the relevant income limit for a household
of three persons and the income limit for a household of four persons.
Except as otherwise provided in this chapter or by order of a court
of competent jurisdiction, affordable units shall be occupied by low-income
households; however, the sales price or rent level for a particular
unit shall be determined by the aforementioned methodology and not
the income of the household which actually occupies the unit.
Housing developed for the exclusive use and occupancy of
persons 55 years of age or older so as to qualify for the "housing
for older persons" within the meaning of the Fair Housing Amendments
Act of 1998 and any amendments thereto, including but not limited
to the Housing for Older Persons Act of 1995.
[Added 3-22-2005 by Ord. No. 4-2005]
Land which is devoted to the production for sale of plants
and animals, including but not limited to forages and sod crops; grain
and feed crops, dairy animals and dairy products; poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats, including the breeding and raising of any
or all such animals; bees and apiary products; fur animals; or when
devoted to and meeting the requirements and qualifications for payments
or other compensation pursuant to a soil conservation program under
an agreement with an agency of the federal government.
Any change in supporting members of the building or additions
to a structure requiring walls, foundations, columns, beams, girders,
posts or piers, or the moving of a structure.
A device used to transmit and/or receive radio or electromagnetic
waves between terrestrial and/or orbital-based structures.
[Added 4-28-1998 by Ord. No. 5-98]
A dwelling unit in a building having two or more dwelling
units where entranceways, hallways, basements, attics, heating systems,
yards and similar services in the building are shared in common, singularly
or in combination.
A request for a review of the Planning Official's interpretation
of any provision of this chapter or a request for a variance.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
A tree removal plan or forestry management plan which has
been approved by the Planning Board, or other Township agency provided
for in this chapter.
[Amended 10-28-2014 by Ord. No. 22-2014]
The Planning Board of Mount Olive Township.
[Amended 11-9-2004 by Ord. No. 34-2004; 10-28-2014 by Ord. No.
22-2014]
A designated AO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and
indeterminate; and velocity flow may be evident.
The land in the floodplain within a community subject to
a one-percent or greater change of flooding in any given year.
The residue from the burning of wood, coal, coke or other
combustible materials.
The Director of the Department of Public Works and such deputies
as he shall appoint, subject to the approval of the Township Council.
A sign made of flexible materials and supported along one
or more sides or at two or more corners by staples, tape, wire, ropes,
strings or other materials that are not fixed or rigid.
[Added 10-28-2014 by Ord. No. 22-2014]
An establishment in which alcoholic beverages are served,
primarily by the drink and where food or packaged goods may also be
sold.
[Added 10-28-2014 by Ord. No. 22-2014]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
A story partly underground and having more than 1/2 of its
height above ground.[1]
A vertically oriented temporary sign used to advertise grand
openings and other special events in the commercial zone districts.
[Added 10-28-2014 by Ord. No. 22-2014]
Any partially or fully enclosed structure over the water
surface of Budd Lake used exclusively for the storing and mooring
of boats and boating equipment.
[Added 4-28-1998 by Ord. No. 5-98]
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or the supporting foundation
system.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
[Added 4-28-1998 by Ord. No. 5-98]
The area of a lot covered by buildings measured on a horizontal
plane around the periphery of the foundation(s) and including the
area under the roof of any structure supported by columns but not
having walls, as measured around the extremities of the roof above
the columns.
The vertical distance measured to the highest point of the
building from the average elevation of the finished grade five feet
from the foundation.
A self-propelled vehicular structure built as one unit on
a chassis or a portable, vehicular structure built on a chassis designed
to be towed by another vehicle, both designed for temporary living
and containing cooking, sleeping and sanitary facilities; or a portable
vehicular structure built on a chassis designed as a trailer with
a flat top not more than four feet above the ground which can be converted
into a temporary tent erected above the four-foot level for camping
activities.
A building or portion thereof containing the facilities for
washing one motor vehicle using production line methods with a chain
conveyor, blower, system cleaning device or other mechanical devices;
or providing space, water, equipment or soap for the complete or partial
hand-washing of motor vehicles by the customer.
Any structure extending traversely from the main walk.
[Added 4-28-1998 by Ord. No. 5-98]
A story partly underground and having more than 1/2 of its
height below ground.
Township Engineer or a local official who has obtained certification
from Association of State Floodplain Managers and is responsible for
administering Mount Olive's floodplain management regulations.
[Added 10-28-2014 by Ord. No. 22-2014]
A watercourse of definite bed and banks which confines and
conducts continuously or intermittently flowing water.
A development technique based on the dwelling unit density
for the tract which allows the lot sizes for dwellings to be reduced
so that individual segments of the tract have higher densities, provided
that other portions of the tract are left in open space or common
property so that the gross density limitation of the entire tract
is not exceeded.
Any truck, automobile or other motor vehicle of any kind
which either has a commercial vehicle license plate, contains exterior
lettering identifying it as being used for business or other commercial
use, or is designed for or primarily devoted to business or other
commercial use.
[Added 3-25-2008 by Ord. No. 11-2008]
Land and/or water, together with improvements, designed and
intended for ownership, use and responsibility by the tenants and
owner of the dwelling units in the development.
Schools, churches, clubs, lodges or any such building used
by any organized group or by the public generally.
The sketch plat of a subdivision of sufficient accuracy used for the purpose of discussion and classification and meeting the requirements of Article VI of this chapter.
An agreement or covenant running with the land which prohibits
all land or vegetation disturbance in favor of a permanent dedication
to natural open space, each agreement to be entered into between the
applicant and the municipality.
The construction, erection, reconstruction, alteration, conversion,
demolition, removal, repair or equipping of buildings or structures.
The State of New Jersey Uniform Construction Code, including
all duly adopted amendments thereto.
The Attorney for the Township of Mount Olive.
Any area which should not be disturbed by uses incompatible
with the paramount public interest in the management of surface water
runoff and attendant environmental damage. Examples of "critical impact
areas" include but are not limited to lakes, ponds, floodplains and
flood hazard areas, designated streams, corridors, steep slopes, highly
erodible soil, swamps, marshes, bogs, identified aquifer recharge
and discharge areas and heavily wooded areas.
Calendar days.
A structure designed to provide for seating and maneuverability
but which does not provide for the mooring of boats.
[Added 4-28-1998 by Ord. No. 5-98]
A roofless outdoor space built as an aboveground platform
projecting from the wall of a building and is connected by structural
supports at grade or by the building structure.
[Added 10-28-2014 by Ord. No. 22-2014]
The relative size or magnitude of a flood expressed as a
design discharge in cubic feet per second, developed from hydrologic
criteria. It represents a major flood of reasonable expectancy, reflects
both flood experience and flood potential and is the basis of the
delineation of the floodway and the flood hazard area and of the water
surface elevations thereof.
The elevations of the water surface of the floodway design
flood and the flood hazard area design flood as shown on the flood
maps.
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 proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alterations,
relocation or enlargement of any building or other structure or of
any mining excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land, for which permission may be required pursuant to this chapter.
A sign which changes message or copy electronically. The
term "digital" is intended to encompass all electronic message signs,
including L.E.D. and similar lighting technology.
[Added 7-25-2017 by Ord.
No. 17-2017]
A structure which may be comprised of a pier, deck or a slip.
[Added 4-28-1998 by Ord. No. 5-98]
The lands required for the passage of stormwater and the installation and maintenance of stormwater facilities in accordance with Chapter 1 of Title 58 of the Revised Statutes, as amended (N.J.S.A. 58:1A-1 et seq.)
Any watercourse, trench, ditch, depression or other hollow
space in the ground, natural or artificial, which collects or disperses
surface water from land.
A single-family, semidetached dwelling unit having only one
dwelling unit from ground to roof and only one wall in common with
another dwelling unit.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one family.
One dwelling unit in a line of four or more attached dwelling
units, with each dwelling unit extending from the ground to the roof
and having individual outside access.
A building containing one dwelling unit.
A building containing more than two dwelling units.
A detached building containing one dwelling unit.
A nonbasement building built, in the case of a building in
an area of special flood hazard, to have the top of the elevated floor
or, in the case of a building in a coastal high hazard area, to have
the bottom of the lowest horizontal structural member of the elevated
floor elevated above the ground level by means of piling, columns
(posts and piers) or shear walls parallel to the flow of the water
and adequately anchored so as not to impair the structural integrity
of the building during a flood of up to the magnitude of the base
flood. In an area of special flood hazard, "elevated building" also
includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of coastal high hazard, "elevated
building" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
Any person who moves, removes, fills or deposits soil or intends
to move, remove, fill or deposit soil in, onto or upon more than 100,000
square feet of land area; or
Any person who moves, removes, fills or deposits soil in excess
of 1,000 cubic yards to, on or from any land area within the Township
of Mount Olive.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two,
living and cooking together as a single housekeeping unit, though
not related by blood, adoption or marriage, shall be deemed to constitute
a "family."
One or more lots containing a residence, with at least five
additional acres used for agricultural purposes.
A public eating place where food and drink prepared for immediate
consumption are purchased at a counter by the customer and either
eaten on the premises at tables provided therein or eaten in the purchaser's
automobile or eaten off the premises. Those restaurants where food
is consumed only at tables or a counter with seats on the premises
and served by waiters and waitresses shall not be deemed "fast-food
restaurants." "Fast-food restaurants" shall also not include those
retail stores in which food is primarily sold for preparation and
consumption elsewhere, although as a secondary use of the premises,
prepared food may also be sold over the counter for immediate consumption,
such as a delicatessen.
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 meeting the requirements of this chapter.
Lanes of sufficient width for use by fire-fighting equipment,
established in the parking area adjacent to buildings and structures.
The floodway and additional portions of the floodplain that
are subject to flood flow at lesser depths and lower velocities than
the floodway; that are inundated by the flood hazard area design flood;
and that are delineated on the flood maps as "flood hazard areas"
in the Township of Mount Olive.
The Official Map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has provided flood profiles, as well as the Flood Boundary
and Floodway Map and the water surface elevation of the base flood.
The maps identified as such in this chapter and applicable
to the various areas of the Township.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation of runoff
of surface waters from any source.
The relatively flat area adjoining the channel which has
been or may hereafter be covered by floodwater of the stream.
The channel and portions of the adjacent floodplain that carry
the greater part of flood flow at greater depths and velocities than
do the other parts of the floodplain; that constitute the minimum
area required for the passage of flood flows without aggravating flood
conditions upstream and downstream; that are necessary to preserve
the natural regimen of the stream for the reasonable passage of the
floodway design flood; and that are delineated on the flood maps as
"floodway" in the Township of Mount Olive.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A plan of forestry management prepared by the New Jersey
Bureau of Forest Management or a consultant forester who is a graduate
of a school of forestry accredited by the Society of American Foresters.
Any automobile laundry providing exterior and interior washing
and cleaning services for automobiles and other motor vehicles.
Putrescible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food.
A covered container which is rodent-proof, verminproof and
waterproof.
A dwelling containing a minimum of six dwelling units and
not exceeding two stories that contain dwelling units.
A one-story, freestanding structure, not to exceed 1,000
square feet, to provide for the manual or electronic regulating and
monitoring of pedestrian and/or vehicular access within an approved
site plan or subdivision.
[Added 3-22-2005 by Ord. No. 4-2005]
A comprehensive plan for the development of a planned development,
as provided in Section 4 of P.L. 1987, c.129 (N.J.S.A. 40:55D-45.2).
[Added 12-19-2017 by Ord.
No. 24-2017]
The total floor area in a structure measured by using the
outside dimension of the building at each story. The "gross floor
area" of units sharing a common wall shall be measured from the center
of interior walls and the outside of exterior walls. In residential
uses, the "gross floor area" shall exclude the areas of the garage,
attic, open porch or patio, cellar, utility areas, heating and cooling
rooms and all portions of floor areas which have a ceiling height
above them of less than 7.5 feet. In nonresidential structures, the
"gross floor area" shall exclude areas used for utility, heating,
cooling and other mechanical equipment but shall include all other
areas, including cellars, warehousing and storage areas, regardless
of ceiling height.
An establishment that provides facilities for aerobic exercises,
running, jogging, stationary bicycling, exercise equipment including,
but not limited to, free weights and weight-lifting machines, and
instructional classes involving said facilities, and ancillary facilities
such as changing rooms, lockers, showers and saunas.
[Added 10-28-2014 by Ord. No. 22-2014]
An establishment that provides facilities for aerobic exercises,
running and jogging, exercise equipment, and ancillary facilities
such as lockers, showers, and saunas.
[Added 11-23-2010 by Ord. No. 28-2010]
An owner, tenant, trustee, receiver, executor, managing agent
or other person who controls, in whole or in part, any subject premises.
A physician, dentist, lawyer, architect, professional engineer,
accountant, manufacturer's representative, dressmaker, artist, insurance
salesman, teacher who provides instruction to not more than three
pupils at a time or like professional persons, provided that such
occupations shall be conducted entirely within the residential building
and shall be clearly accessory to the use of the dwelling for residential
purposes; and such use shall conform to all applicable ordinance requirements.
Such use shall not change the residential character of the building,
and not more than two persons in addition to the resident occupants
shall be employed therein. No more than 900 square feet or 50% of
the first floor area of the building, whichever is less, shall be
used for such purposes; and no sale of products or articles shall
be offered from the premises. No occupational sounds shall be audible
outside of the building, and no machinery or equipment shall be used
which will cause interference with radio or television reception in
the neighboring residences. The repair, maintenance or outdoor storage
of motor vehicles shall not be permitted as a home occupation.
An incorporated, nonprofit organization operating under a
recorded land agreement through which:
Each lot owner, condominium owner, stockholder under a cooperative
development or other owner of property or interests in the project
shall be a member;
Each occupied dwelling unit is subject to a charge for a proportionate
share of the expenses for the organization activities and maintenance,
including any maintenance costs levied against the association or
the municipality; and
Each owner and tenant has a right to use the common property.
Land which is devoted to the production for sale of fruits
of all kinds, including grapes, nuts and berries; vegetables; nursery,
floral, ornamental and greenhouse products; or when devoted to and
meeting the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agreement
with an agency of the federal government.
A facility offering transient lodging accommodations to the
general public and which may include additional facilities and services,
such as restaurants, meeting rooms, entertainment, personal services
and recreational facilities.
[Added 10-28-2014 by Ord. No. 22-2014]
A church, synagogue, temple, mosque, or other facility that
is used for prayer by persons of similar beliefs.
[Added 10-28-2014 by Ord. No. 22-2014]
Any development which shall have been or shall be classified
as a major subdivision by the Township of Mount Olive Planning Board.
For the purpose of determining income limits, the "housing
region" includes all 11 counties in New Jersey located north of Mercer
and Monmouth Counties.
A total tract comprehensively planned, designed and approved
for industrial or office uses, whether or not the buildings are erected
in one development stage or over a period of time, but where the streets,
utilities and lots and/or tenants' parcels are set forth on a plan
for the entire tract prior to construction of any portion of the tract.
As development takes place in accordance with the approved plans,
changes may be made in the plans for the undeveloped section to accommodate
subsequent land needs, provided that the modifications conform to
logical extensions of installed segments of streets, drainage, utilities
and other facilities.
Any area of land, with or without buildings, devoted to the
storage, keeping or abandonment of junk or debris, whether or not
it is in connection with the dismantling, processing, salvage, sale
or other use or disposition thereof of any material whatsoever.
The contour line made along the edge of a lake at the highest
water level normally maintained for Budd Lake.
[Added 4-28-1998 by Ord. No. 5-98]
Any activity involving the clearing, grading, transporting,
filling of land and any other activity which alters land, topography
and vegetation cover.
One-half hour after sunset of any day to 1/2 hour before
sunrise of the following day.
An off-street berth, but on the same lot with a building
or group of buildings, for the temporary parking of a vehicle while
loading or unloading.
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the lot lines.
The area of a lot covered by an impervious surface such as
a roof or paving.
A development technique based on the minimum lot size permitted
in rural and residential districts which allows for a reduction in
some lot sizes in a tract without increasing the total number of lots
permitted.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the lot
width, except that on curved alignments with an outside radius of
less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 75% of the required
minimum lot width. In the case of a corner lot, either side may be
considered the lot frontage, provided that the minimum frontage requirement
is met for the zone in which the lot is located.
Any line forming a portion of the exterior boundary of a
lot, and is the same line as the street line for that portion of a
lot abutting a street.
The horizontal distance between side lot lines measured at
setback points on each side lot line an equal distance back from the
street line. The minimum lot width shall be measured at the minimum
required building setback line.
A lot at the junction of two or more intersecting streets
where the interior angle of the intersection does not exceed 135°.
Households complying with the requirements and definitions
of low-income households or moderate-income households.
Rental or sales housing complying with the requirements and
definitions of either low-income housing or moderate-income housing.
The lowest floor of the lowest enclosed area (including the
basement). An unfinished or flood-resistant enclosure, usable solely
for the parking of vehicles, building access or storage in an area
other than a basement, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of other applicable nonelevation design requirements.
A household having total gross household income equal to
50% or less of the median household income for households of the same
size and using the median income for household size prepared by the
United States Department of Housing and Urban Development (HUD) for
the region which includes Mount Olive Township (presently the Newark
P.M.S.A.), or if HUD data is not available, equivalent data from other
sources acceptable to the Planning Board.
Those dwelling units which are affordable and which, unless
otherwise provided in this chapter or by order of a court of competent
jurisdiction, are occupied by a low-income household.
A structure extending into the lake from the lake line which
is used for access to moored boats.
[Added 4-28-1998 by Ord. No. 5-98]
Any security other than cash may be accepted by a municipality
for the maintenance of any improvements required by this chapter.
All subdivisions not classified as minor subdivisions.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes, the term "manufactured home" also
includes park trailers, travel trailers and other similar vehicles
placed on a site for greater than 180 consecutive days. For insurance
purposes, the term "manufactured home" does not include park trailers,
travel trailers and other similar vehicles.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
A composite of one or more written or graphic proposals for
the development of the Township of Mount Olive, as set forth and adopted
pursuant to N.J.S.A. 40:55D-28 of the Municipal Land Use Law.
Any subdivision containing not more than three lots, not
involving any new street or road or the extension of off-tract improvements
and not involving property which was formerly part of a tract, for
which subdivision approval has been previously granted dividing the
original tract into three or more lots within a three-year period.
A household earning from 50% to 80% of the median income
for the housing region, adjusted according to household size.
Rental or sales housing affordable to persons earning from
50% to 80% of the median income for the housing region, adjusted according
to household size.
A building or group of buildings in which lodging is provided
to transient guests, offered to the public for compensation, and in
which access to and from each room or unit is through an exterior
door.
[Added 10-28-2014 by Ord. No. 22-2014]
The use of any building, land area or other premises principally
for the display, sale, rental, or lease of new or used automobiles
and may include light trucks or vans, trailers, or recreation vehicles,
and including any vehicle preparation, warranty, or repair work conducted
as an accessory use.
[Added 10-28-2014 by Ord. No. 22-2014]
An establishment primarily engaged in the repair or maintenance
of motor vehicles including brake, muffler, tire repair and change,
lubrication, tune-ups, transmission work, provided it is conducted
within a completely enclosed building.
[Added 10-28-2014 by Ord. No. 22-2014]
To dig; to excavate; to remove; to deposit; to place; to
fill; to grade, regrade, level or otherwise alter or change the location
or contour; to transport; to supply. This term shall not be construed
to include plowing, spading, cultivating, harrowing or disking of
soil or any other operation usually and ordinarily associated with
the tilling of soil for agricultural or horticultural purposes.
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
[Added 4-8-2008 by Ord. No. 13-2008]
The Township of Mount Olive, Morris County, New Jersey.
The topographical pattern or system of drainage of surface
water runoff from a particular site, including the various drainageways
and watercourses which carry surface water only during periods of
heavy rains, storms or floods.
Structures for which the start of construction commenced
on or after the effective date of this chapter.
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and in which dancing and musical entertainment
are permitted.
[Added 10-28-2014 by Ord. No. 22-2014]
Surface water entering a channel from no definable discharge
source.
Any dam, wall, wharf, embankment, levee, dike, abutment,
projection, excavation, channel, rectification, bridge, conduit, culvert,
building, wire, fence, rack, gravel, refuse, fill, structure or matter
in, along, across or projecting into any channel, watercourse or regulatory
flood hazard area which may impede, retard or change the direction
of the flow of water, either in itself or by catching or collecting
debris carried by such water, or that is placed where the flow of
water might carry the same downstream to the damage of life or property.
The examples referred to in this definition are given as examples
and are not intended to limit the scope of the term "obstruction."
A map adopted in accordance with N.J.S.A. 40:55D-32 et seq.
Such a map shall be deemed to be conclusive with respect to the location
and width of the streets, public areas, flood control basins and public
drainageways shown.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
Improvements made outside the lot in question or the original
tract, respectively, to accommodate conditions generated inside the
original tract as the result of the proposed development which shall
include, but not be limited to, installation of new improvements and
extensions and modifications of existing improvements.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel of land or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such "open space," provided that
such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
An open space area within or related to a site designated
as a development and intended for the use or enjoyment of residents
and owners of the development. "Common open space" shall include such
complementary structures and improvements as are necessary and appropriate
for the use or enjoyment of the residents and owners of the development.
An open space (land area) within or related to a development
site, which area shall be left in its natural state and may be used
for passive recreation.
An open space (land area) within or related to a development
site, which area shall be designated for active recreation.
Any person engaged in and controlling the business of conducting
a quarry.
A designated area on the premises of an eating establishment outside the principal building where patrons may sit at tables while consuming food and beverages prepared and served by the eating establishment in accordance with the design and performance standards set forth in § 550-77.1 of this chapter.
[Added 10-17-2017 by Ord.
No. 21-2017]
The owner or owners in fee of the property or a lesser estate
therein, a mortgagee or vendee in possession, an assignee of rents,
receiver, executor, trustee, lessee or any other person, firm or corporation,
directly or indirectly in control of a building, structure or real
property, and shall include any subdivision thereof of the State of
New Jersey.
The extension of the main walls of a building above the roof
level.
[Added 11-9-2004 by Ord. No. 34-2004]
Space provided by a holder for the parking of vehicles on
any subject premises, together with the means of ingress and egress
thereto and the roads and driveways of any subject premises.
An area for the parking of a motor vehicle which is sufficient
to accommodate the exterior extremities of the vehicle, whether in
addition thereto wheel blocks are installed within this area. The
width and length of each space shall be measured perpendicular to
each other regardless of the angle of the parking space to the access
aisle or driveway.
Horses, ponies, cows, cattle, sheep, goats, fowl, pigs and
mules.
A level, landscaped and/or surfaced area, consisting of,
but not limited to, concrete, brick or other masonry material, directly
adjacent to a principal building at grade and not covered by a permanent
roof.
[Added 10-28-2014 by Ord. No. 22-2014]
Any security which may be accepted by the Township of Mount
Olive, including cash.
Any use of land or buildings as permitted by this chapter.
Any individual, firm, association, partnership or corporation
or any group of two or more of them.
Photovoltaic panels and accessory equipment, including but
not limited to conduit and junction boxes, designed and arranged to
utilize solar power to produce electricity for public and/or private
use.
[Added 10-1-2019 by Ord.
No. 19-2019]
Any structure extending lakeward from the lakeline which
is used to moor boats or to which a dock is affixed.[2]
[Added 4-28-1998 by Ord. No. 5-98]
An area with a minimum contiguous or noncontiguous area of
50 acres to be developed as a single entity according to a plan, containing
one or more contiguous clusters or noncontiguous clusters, which may
include appropriate commercial, or public or quasipublic uses all
primarily for the benefit of the residential development.
[Added 12-19-2017 by Ord.
No. 24-2017]
The Planning Board of the Township of Mount Olive.
The map of a subdivision.
Holes and cracks occurring on any paved or unpaved surface
of a parking area.
Trees recommended by the Bureau of Forest Management as best
adapted to the climate, soil and topography of the Township of Mount
Olive. A list of such trees shall be kept on file for the use and
guidance of persons presenting plans for tree planting.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of Article VI of this chapter.
The main purpose for which any lot or building is used.
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Department
of Higher Education. "Private school" shall include nursery schools.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
Includes any municipal offices, libraries, cultural facilities,
community services, police, fire and emergency services facilities
and/or activity sponsored by a municipal agency or authority.
A place where stone, shale or slate is excavated, crushed,
washed, graded or otherwise processed.
Those aspects of the business of conducting a quarry as related
directly to the excavation and processing of stone, shale or slate
and the removal thereof from quarry premises.
Any structure meeting the standards of docks or piers in
this chapter which, in addition, provides boat mooring space at no
charge to the general public or to a neighborhood association.
[Added 4-28-1998 by Ord. No. 5-98]
The reconditioning of the area of land affected by quarrying
operations to restore the same to a productive use after termination
of quarrying operations consistent with the Land Use Ordinance adopted
by the Township.
A written proposal approved by the Planning Board of the
Township for reclamation of the area of land affected by quarrying
operations, including land use objectives, specifications for grading,
the manner and type of vegetation and such maps and other supporting
documents as may be required by the Planning Board.
Includes motor homes, house trailers, converted buses, camper
shells mounted on the walls of a pickup truck's cargo box, camper
cabins within a truck bed, camping and travel trailers, collapsible
camper trailers, boats and boat trailers or any other trailer intended
for recreational use.
[Added 3-25-2008 by Ord. No. 11-2008]
Space allocated for collection and storage of source-separated
recyclable materials.
[Added 4-8-2008 by Ord. No. 13-2008]
All solid wastes, except body wastes, including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
An individual, partnership or corporation or other legal
entity who or which is required to be registered.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space as an appurtenance.
Includes but is not limited to one-family, two-family and
other multiple-family dwellings, including but not limited to garden
apartments, high-rise apartments, townhouses, condominiums and cooperatives.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building.
[Added 10-28-2014 by Ord. No. 22-2014]
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and approved or recorded
according to law, but does not include conveyances so as to combine
existing lots by deed or other instrument.
The total width and length of a street, watercourse, drainage
course, utility path or other way, and within which all improvements,
maintenance and rights of access are confined and, for a street, including
cartway, curbs, sidewalks, bikeways and planting strips.
Nonputrescible solid wastes, excluding ashes, consisting
of both combustible and noncombustible wastes such as paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials.
Housing developed by a nonprofit housing corporation for
persons aged 62 and over or handicapped persons, affordable to low-
or moderate-income households and financed through funds made available,
in whole or in part, by the federal, state or Township government.
Lands and buildings where motor fuel, lubricants, miscellaneous
accessories and services for motor vehicles are dispensed but where
no vehicular painting and/or body work is done and where no junked
or unregistered motor vehicles are kept or stored.
A line drawn parallel to a street line or lot line and drawn
through the point of the building nearest to the street line or lot
line beyond which a building does not project. The minimum yard requirements
shall be the minimum required setbacks. All setbacks from public streets
shall be measured from the proposed right-of-way width as shown on
the adopted Master Plan.
A group of at least six commercial establishments which provide
for the sale of the daily living needs such as food and drugs, as
well as personal services such as apparel and furniture, banking,
professional services and recreation.
A group of two or more commercial establishments which provide
for the sale of the daily living needs such as food and drugs, as
well as personal services such as apparel and furniture, banking,
professional services and recreation.
The land area between the water's edge and the upland property
boundary.
[Added 4-28-1998 by Ord. No. 5-98]
An area abutting two intersecting streets where vision is unobstructed and which area is formed in accordance with the guidelines set forth in the sight triangle section of this chapter, § 550-62.
Includes every sign, billboard, ground sign, wall sign, roof
sign, illuminated sign and sign on awning and canopy, and shall include
any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interests of any person,
firm or corporation when the same is placed out-of-doors in view of
the general public.
The area of a sign shall be computed as the total square
foot content of the background upon which the lettering, illustration
or display is presented. If there is no background, the sign area
shall be computed as the product of the largest horizontal width and
the largest vertical height of the lettering, illustration or display.
This shall not be construed to include the supporting members of any
sign which are used solely for such purpose. For signs with two display
faces, the maximum area requirements shall be permitted on each side.
Signs with more than two display faces are prohibited.
The Zoning Officer, police officers and any other duly authorized
officers of the Township of Mount Olive authorized to enforce this
chapter.
A nonmovable structure made up of one or more signs, which
structure is not affixed to a building but is standing apart therefrom.
Includes any sign supported by upright(s) or brace(s) placed
upon the ground and not attached to any building.
Means any sign which has characters, letters, figures, designs
or outline illuminated by electric lights or luminous tubes as a part
of the sign proper.
A freestanding sign supported primarily by an internal structural
framework or integrated into landscaping or other solid structural
features other than support poles.
[Added 3-22-2005 by Ord. No. 4-2005]
A sign which does not advertise any commercial product or
service and which concerns an issue or topic of general public interest,
including but not limited to candidates for public office.
A sign attached to or erected against a wall of a building,
the display surface of which is parallel to the face of the building
to which the sign is attached.
A sign which is attached or placed on the inside or outside
of an exterior window.
A facility designed to collect silt and eroded soil from
a designated area.
Clustered detached dwelling units each occupied by a single
household grouped around a central motor court such that all units
obtain their driveway access only from the motor court.
The examination of specific development plans for a lot.
Site plan approval by the approving authority shall not be
required for single-family and two-family dwellings, as well as accessory
buildings to agricultural and horticultural uses, unless such uses
are located in a flood hazard area or involve a home occupation. Building
alterations which do not involve a change in use, additional parking
or additional building area shall be exempt. Changes in use which
do not require additional parking shall be exempt.
That portion of a dock designed for the mooring of boats.
[Added 4-28-1998 by Ord. No. 5-98]
Any earth, sand, clay, loam, gravel, humus, rock or dirt
of any kind whatsoever, without regard to the presence or absence
therein of organic matter.
A plan or implementation of a plan for controlling soil erosion
and sediment which follows the Standards for Soil Erosion and Sedimentation
Control in New Jersey, as promulgated by the State Soil Conservation
Committee in accordance with Section 10 of P.L. 1975, c. 291.[3]
Any system, site, equipment or building which is utilized
for the storage, collection, processing, transfer, transportation,
separation, recycling, recovery or disposal of solid waste.
A building designed for single-family residential use containing
not more than eight dwelling units having individual or common points
of external access arranged in groups of four units per level.
[Added 3-22-2005 by Ord. No. 4-2005]
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. 97-348), the date the
building permit was issued, provided that the actual start of construction,
repair, reconstruction, placement or other improvement was within
180 days of the permit date. The "actual start" means either the first
placement of permanent construction of a structure on a site, such
as the pouring of a slab or footings, the installation of piles, the
construction of columns or any work beyond the stage of excavation,
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part
of the main structure.
A sign which does not change its message or copy automatically
by electronic or mechanical means.
[Added 7-25-2017 by Ord.
No. 17-2017]
That portion of a building comprised between one floor and
another. A half story is between a floor and the roof, with a height
of not less than 7.5 feet of clear space above at least 1/3 of the
floor area.
The stream channel and all land on either side of the stream
channel which is within the one-hundred-year floodplain as delineated
by the Federal Emergency Management Agency (FEMA) or the New Jersey
Department of Environmental Protection (NJDEP) or is a sloping area
of 15% or greater contiguous to the stream channel, one-hundred-year
floodplain or state open water. Stream channels shall mean permanent
or intermittent watercourses shown on U.S.G.S. quadrangle maps, the
Morris County Soil Survey or such other authoritative source as the
Planning Board may deem appropriate.
[Added 12-20-2000 by Ord. No. 49-2000]
Any street, avenue, boulevard, road, lane, 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:
Arterial streets are those which are used primarily for fast
or heavy traffic.
Collector streets are those which carry traffic from minor 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.
Minor streets are those which are used primarily for access
to the abutting properties.
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.
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.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on an adopted Master
Plan or Official Map or as required by this chapter, forming the dividing
line between the street and the lot.
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.
The Plumbing Inspector, Electrical Inspector, Fire Marshal
and those officials specifically licensed, authorized or qualified
to enforce any subcodes as defined in the State Uniform Construction
Code Act.
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,
except that the following divisions shall not be considered "subdivisions";
provided, however, that no new streets or roads are involved:
Divisions of land found by the Planning Board to be for agricultural
purposes, where the resulting parcels are five acres or larger in
size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited
to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of this chapter and are shown and designated as separate lots, tracts
or parcels on the Tax Map of the Township of Mount Olive.
"Subdivision" also includes resubdivision.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of classifying subdivisions
in accordance with the provisions of this chapter, and such other
duties relating to land subdivision which may be conferred on this
Committee by the Board.
Any premises which contains, in whole or part, any parking
area servicing any industrial, commercial (retail, wholesale or services
to the public), professional, entertainment, recreational, apartment,
townhouse, planned unit development or multiple-dwelling use or area
or other areas used for purposes or functions to which the general
public is invited, directly or indirectly, the ingress and egress
thereto, roads and driveways therein, buffer zones, setbacks or other
open space in connection therewith with respect to all of said areas
used in connection with such premises.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred. For the purposes of this definition, "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
Any alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
Drainage area tributary to the property in question.
All water produced by rain, flood, drainage, springs and
seeps flowing over the land or contained within a natural or artificial
watercourse.
A plan consistent with the purposes and policies of this
chapter which fully indicates necessary land treatment measures and
techniques, including a schedule for implementation and maintenance.
Any overland flow of water across the ground surface.
All damage or harm to property values, land, vegetation and
water supplies which results or is likely to result when the dispersion
of surface water, typical of land in a meadow of good hydrologic condition
is increased in rate, velocity or quantity. Such damage or harm includes
but is not limited to flooding, soil erosion, siltation and other
pollution of watercourses and diminished recharge of groundwater.
Facilities constructed above or below ground, having a depth
of more than two feet and/or a water surface of 100 square feet or
more and designed and maintained for swimming purposes. Swimming pools
shall include all buildings, structures, equipment and appurtenances
thereto.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more, by weight, of organic matter
and has the ability to support vegetation.
A structure designed to hold antenna(s) for the transmission
and reception of radio waves for cellular telephone, beepers, pagers
and other personal communication devices.
[Added 4-28-1998 by Ord. No. 5-98]
One dwelling unit in a line of three or more attached dwelling
units, with each dwelling unit extending from the ground to the roof
and having individual outside access and no interior facilities, conveniences
or services shared with other dwelling units making up the overall
building.
An area of land compromised of one or more lots adjacent
to one another having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s)intended.
The original land area may be divided by existing street(s) and still
be considered one tract, provided that the frontages on both sides
of the street are opposite one another for a sufficient distance to
enable a convenient, safe street system from one side to the other.
The land area of the existing streets shall not be included in calculating
the area of the "tract."
Lanes for the control and regulation of automobile, truck,
bicycle, other vehicle and pedestrian flow in a parking area.
Any vehicle without independent power which may be mounted
on wheels, designed for being pulled on a street by a motor vehicle
for the purposes of carrying property, with or without exterior lettering
identifying it as being used for business or is designed for or primarily
devoted to business or other intended commercial uses.
[Amended 3-25-2008 by Ord. No. 11-2008]
A container with appropriate covers to receive hand-carried,
discarded paper and trash.[4]
Any woody perennial plant having a diameter greater than
four inches, measured at a point 4 1/2 feet above the ground
(diameter breast height.)
A tract of woodland 10 acres or more dedicated by its owner
to the growing and harvesting of forest crops and certified by the
American Tree Farm System through the New Jersey Tree Farm Committee.
A plan of tree removal and/or planting prepared by the New
Jersey Bureau of Forest Management, a forestry consultant who is a
graduate of a forestry school accredited by the Society of American
Foresters, a landscape architect or a similarly qualified person.
On property of less than five acres, this plan may be prepared by
the property owner.
Services provided to a use including but not limited to sewage
treatment, water supply, gas, electric, telephone and cable television.
A grant of relief from the requirements of this chapter,
which permits construction in a manner that would otherwise be prohibited
by this chapter.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
A place where animals are given medical care and the boarding
of animals is limited to short-term care incidental to the hospital
use.
[Added 10-28-2014 by Ord. No. 22-2014]
A sign which is affixed to an exterior wall of any building,
when such sign shall project not more than 10 inches from the building
wall or parts thereof.
Any building, premises or land in which or upon which the
principal business, operation or industry involves the storage of
goods and materials.
All rivers, streams, brooks, waterways, lakes, ponds, marshes,
swamps, bogs and all other bodies of water, natural or artificial,
public or private, which are contained within, flow through or border
on Mount Olive Township or any portion thereof.
An area drained by a river or river system.
An open space extending between the closest point of any
building and a lot line and a street line. In an apartment, townhouse,
industrial park or other development where more than one building
may be erected on a lot, "yard" shall also be the open space extending
between structures. All "yard" dimensions shall be measured horizontally
and at right angles to either a straight street line, lot line or
building facade or perpendicular to the point of tangent of curved
lines and facades. The minimum distance between buildings in developments
where there is more than one building on a lot shall be the sum of
the two yards of the structures, and in no event shall two structures
be closer to one another than the sum of both yards.
The area extending across the full width of a lot line between
the street line and the building and, for apartments, townhouses,
industrial parks or other developments where more than one building
may be erected on a lot, the "front yard" shall be measured from the
designated front of the building to an imaginary line a designated
distance away from the front of the building.
The open space extending across the full width of the lot
between the rear lot line and the building and, for apartments, townhouses,
industrial parks or other developments where more than one building
may be erected on a lot, the "rear yard" shall be measured from the
designated rear of the building to an imaginary line a designated
distance away from the rear of the building.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
building. The "side yard" for apartments, townhouses, industrial parks
or other developments where more than one building may be erected
on a lot shall be measured from the designated side of the building
to an imaginary line a designated distance away from the side of the
building.
The person designated by the Township Council to enforce
the zoning provisions of this chapter.
A document signed by the Director of Planning, Zoning and
Code Enforcement, or such other designee, which is required as a condition
prior to the commencement or change of use, including the change in
business entity and/or business tenant occupying a building or space,
or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and acknowledge that such
use, structure or building conforms and complies with the provision
of this chapter or that variances or design waivers have been granted
by the approving Board.
[Added 6-15-2004 by Ord. No. 12-2004]
[1]
Editor’s Note: The former definition of “billboard,”
which immediately followed this definition, was repealed 7-25-2017
by Ord. No. 17-2017.
[2]
Editor's Note: The former definition of "planned adult community,"
which definition immediately followed this definition, was repealed
3-22-2005 by Ord. No. 4-2005.
[3]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[4]
Editor's Note: The former definition of "travel trailer,"
which immediately followed this definition, was repealed 3-25-2008
by Ord. No. 11-2008.
