[Amended 7-12-2001 by Ord. No. 340]
The duty of enforcing and administering the provisions of this
chapter is hereby conferred upon the Zoning Officer. He shall have
such powers as conferred upon him by this chapter and those powers
which may be reasonably implied. The Zoning Officer shall be appointed
by the Township Committee and shall receive such compensation as the
Township Committee shall from time to time determine. The Zoning Officer
may, in addition to his appointment under this chapter, act as the
Township Building Inspector. The Township Committee may also appoint
a Deputy Zoning Officer for the term of one year beginning the first
day of January who shall receive such compensation for his/her services
as shall be fixed by ordinance of the Township Committee and who,
during the absence, disability or unavailability of the Zoning Officer,
shall have all the powers of the Zoning Officer and shall perform
the functions and duties of such office. Said Deputy Zoning Officer
may also assist the Zoning Officer in performance of his or her duties,
but only when directed to do so by the mayor or Township Committee.
It shall be the duty of the Zoning Officer or his duly authorized
assistant to cause any plans, buildings or premises to be examined
or inspected to determine that they are not in violation of the provisions
of this chapter. He shall have the right to enter any building or
premises by appointment during normal daytime working hours in the
course of his duties.
A.
When the Zoning Officer determines that any plans, building or premises
are in violation of the provisions of this chapter, he shall issue
an order in writing to the responsible party to remedy such conditions.
Said written order shall specify the nature of the violation found
to exist, the remedy ordered and the time permitted for such action.
B.
The Zoning Officer shall order discontinuance of illegal uses of
land, buildings or structures; removal of illegal buildings or structures
or of additions, alterations or structural changes thereto; discontinuance
of any illegal work being done; and shall take any other action authorized
by this chapter or the provisions of applicable New Jersey laws to
ensure compliance with or to prevent violation of Zoning Ordinance
requirements.
No building or other structure shall be erected, moved, added
to or structurally altered and no lot shall be cleared, graded or
otherwise prepared for an open land use without a proper use permit,
conditional use permit or certificate of occupancy being issued therefor
by the Zoning Officer. No zoning permit shall be issued unless the
proposed use or structure is in conformity with the provisions of
this chapter, except upon written order of the Board of Adjustment[1] and/or the Planning Board.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
Recognizing that certain uses, activities and structures are
necessary to serve the needs and convenience of the Township and at
the same time recognizing that such uses may be or may become harmful
to the public health, safety and general welfare if located and operated
without proper consideration being given to existing conditions and
the nature of surrounding buildings and uses, such uses are hereby
designated conditional uses. In addition to other powers conferred
by this chapter, the Planning Board shall have the power to authorize
the granting of a permit for conditional uses under the terms and
conditions established by this chapter and in accordance with the
following stipulations and guiding principles:
A.
The use for which application is being made is specifically authorized as a conditional use in the Schedule of District Regulations[1] or in Article X or XI of this chapter for the zone in which it will be located.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
B.
The design, arrangement and location of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration afforded the character of the neighborhood and zone,
the conservation of property values, the avoidance of congestion of
vehicular traffic or the creation of any unnecessary hazard.
D.
In approving an application under this chapter, the Board may impose
any modification or conditions it deems necessary to carry out the
intent of this chapter or to protect the health, safety or general
welfare of the public.
In order to protect and preserve the road network of the Township, ensure the efficient and safe movement of traffic, promote the development of a well-ordered community, further the objectives of comprehensive planning and best serve and protect the public health, safety and general welfare, no public, professional, commercial, industrial or other nonresidential or nonagricultural use and no multiple-family dwelling use, except for a development consisting of two-family dwellings, shall be permitted, nor shall any zoning permit be issued or occupancy permit countersigned for such uses, until site plan approval has been received according to the procedures of Part 1, § 75-7, and the requirements below and in § 75-67.
A.
Preliminary site plan submission requirements. In addition to the
information required for a zoning permit, materials to be submitted
with each application for site plan review shall clearly show the
conditions on and adjacent to the site at the time of the application,
the features of the site which are being incorporated into the proposed
use or building and the appearance and function of the proposed use
or building. Site plans shall be signed and sealed by either a New
Jersey licensed professional engineer or registered architect. They
shall be drawn in black on white at a scale of not less than one inch
equals 50 feet. As a minimum, the application shall provide the following
information, including plans for both before and after conditions:
(1)
The location, design and dimensions of each use and building.
(2)
The building or use setback distances from all property lines.
(3)
Special relationships to any existing buildings or structures in
the general vicinity.
(4)
The location, dimensions and arrangement of streets, vehicular accessways,
off-street parking and loading and unloading areas.
(5)
The location and dimensions of sidewalks, recreation and landscaped
areas.
(6)
The location, design and dimensions of open areas, buffer areas,
screening arrangements and public easements.
(7)
The amount, location, sizes and species of landscape materials.
(8)
Lighting of buildings, signs and grounds.
(9)
Size, type and location of signs.
(10)
The location, size and direction of flow of all streams, brooks,
ditches, lakes and ponds.
(11)
Contours at two-foot intervals for slopes averaging 5% or greater
and one-foot contours for slopes less than 5%, unless determined by
the Township Engineer to be unnecessary in whole or in part.
(12)
Plans and design data for storm drainage facilities.
(13)
The location, arrangement and description of water supplies
and sewage disposal facilities.
(14)
At a minimum, the floor plan and front elevation of all proposed
principal buildings and all contemplated accessory buildings and structures.
(15)
The Tax Map sheet, block and lot numbers.
(16)
The name and address of owner, developer, and person preparing
the plan.
(17)
A key map showing the location of the site and its relation
to surrounding areas.
(18)
A certificate from the Tax Collector that all taxes are paid
to date.
(19)
Such other data and plans as the Planning Board may require
to properly take action on the application.
(21)
For all developments that will be required to provide affordable housing units in accordance with the provisions of § 75-36.1, Growth Share and Affordable Housing, six copies of an analysis of the growth share obligation created by the proposed development and a detailed explanation of how the applicant proposes to meet said obligation as set forth in § 75-36.1, and a plan for the affirmative marketing, screening, and selection of occupants of the low- and moderate-income units shall be provided. This plan shall conform to the regulations of the New Jersey Council on Affordable Housing, the Alloway Township Fair Share Plan, and Affirmative Marketing Ordinance. Details shall be provided regarding the applicant's plan for providing the affordable units and in doing so the applicant's compliance with the provisions of said COAH regulations and other relevant Township ordinances.
[Added 3-15-2007 by Ord. No. 401]
A1.
Additional preliminary site plan submission
requirement for land mining operations. In addition to the foregoing
information required for site plan review, any land mining operation
shall submit the following information:
[Added 2-8-1991 by Ord. No. 270]
(1)
An accurate map at a scale of not less than 50 feet to the inch,
including:
(a)
The location of the production site, the excavation area, setbacks
from existing property and street lines and proposed access roads.
(b)
Detailed topographic information (contours at two-foot intervals
for slopes averaging 5% or greater and one-foot contours for slopes
less than 5%), showing the existing surface contours and drainage
patterns and the proposed surface contours and drainage patterns following
the termination of the excavation and restoration of the site.
(2)
A grading plan shall be submitted to indicate the extent and manner
of excavation. The plan shall indicate the ultimate depth and contours
for the entire site as well as ultimate depth and contours of each
cell (five-acre maximum).
(3)
Results of one soil profile pit shall be submitted per each five
acres of excavation area. The profile plan shall be made from January
1 to April 1 to clearly indicate the depth to seasonal high water
table.
(6)
A traffic impact study and analysis report prepared by a New Jersey
licensed professional engineer specializing in traffic engineering.
(7)
Sufficient information on the plans and in the impact statement as
determined by the Board and Township Engineer, to demonstrate conformance
with the design standards and conditions of this section.
(8)
All freshwater wetlands and wetland transition areas on the site
shall be delineated and verified by the New Jersey Department of Environmental
Protection.
(9)
A plan prepared by a New Jersey licensed engineer showing location
and details of proposed monitoring wells and a program for sampling
and monitoring groundwater in the highest water table entering and
leaving its site, by a New Jersey certified laboratory, to determine
any adverse effect of the land mine on safe drinking water standards.
B.
Final site plan submission requirements. In addition to the information
required for preliminary site plan submission, the final submission
shall show compliance with all conditions of preliminary approval.
C.
In connection with all site plan reviews, the Planning Board shall
also, on the advice of the Township Engineer, determine the amount
of the performance guaranty that should be filed with the Township
prior to the issuance of any zoning permit or certificate of occupancy
to ensure the timely installation of all improvements as shown on
the site plan or required by the Planning Board, such as but not limited
to drainage, street improvement, recreational areas, landscaping,
off-street parking and loading areas, lighting, sidewalks and sanitary
sewer and water lines. The performance bond or other security shall
be approved by the Planning Board as to substance and by the Township
Solicitor as to form. The provisions of N.J.S.A. 40:55D-53 shall govern
said bonds and the completion, inspection and approval of said improvements
and the payment of inspection fees.
C1.
Performance guaranty for land mining
operation.
[Added 2-8-1991 by Ord. No. 270]
(1)
Before any permit, license, conditional use, site plan approval or
certificate of occupancy may be issued for any land mining operation,
the owner and operator shall file with the Township Clerk a performance
guaranty. This may be a performance bond issued by an insurance company
authorized to do business in the State of New Jersey or may be any
security, including cash, that is approved by the Township Committee.
Such performance guaranty shall be in an amount not to exceed 120%
of the amount sufficient, in the opinion of the Planning Board based
on recommendations by the Township Engineer, to assure the installation
and maintenance of the required improvements and to assure the rehabilitation
and any required monitoring of the site of operations, after having
considered the area and depth of the excavation or proposed excavation
along with any facts relevant to the cost of improving, maintaining,
rehabilitating and monitoring the site. Any performance guaranty shall
be approved as to form by the Township Solicitor.
(2)
Any such performance guaranty shall be accompanied by an agreement
recordable as a deed in the County Clerk's office, signed by the applicant
and landowner, if a different person, approved as to form by the Township
Solicitor, granting the municipality and its agents the right of access
to inspect the premises at any time and to install and maintain required
improvements and to perform all necessary rehabilitation and monitoring
of the site of operations in the event of forfeiture of the performance
guaranty.
(3)
In the event of default, forfeiture shall be taken by the Township
Committee after finding of default by the Township Committee after
a public hearing held by the Township Committee on not less than 10
days' written notice, mailed to the principal and surety at their
last known post office addresses, which notice shall be complete upon
mailing. Forfeiture shall also be taken by the Township Committee
upon a determination by it that a land mining operation has been abandoned,
after a public hearing as provided above, or when, on the basis of
a formal complaint and after a public hearing as provided above, the
Township Committee finds that a public nuisance or hazardous condition
has been permitted to exist for a period of 30 days by the owner or
operator of a land mining operation after due notice thereof to the
owner or operator by the Township Engineer or Zoning Officer.
(4)
The performance guaranty may be released by the Township Committee
upon a finding by the Township Committee of satisfactory installation
and maintenance of required improvements and restoration and monitoring
of the completed project area. Portions of the performance guaranty
may be released by the Township Committee upon its finding that proportional
required improvements have been completed or that proportional stages
of restoration or monitoring have been accomplished in accordance
with the above-listed operating standards and restoration standards
and with the terms of the permit, license, conditional use, site plan
approval or certificate of occupancy.
D.
Supervision.
(1)
All required improvements shall be installed under the supervision and inspection of a designated representative of the Township, the cost thereof to be borne by the developer under the fee provisions of Part 5 of this chapter.
(2)
All construction stakes and grades thereon shall be set by a professional
engineer in the employ of the developer or his contractor, and a duplicate
copy of the notes made therefrom shall be filed with the Township
Engineer.
(3)
No construction work shall commence without the Township Engineer
being properly notified. Such notice shall be given at least one week
before said commencement of work.
In reviewing any site plan application, the Planning Board shall be guided by any pertinent Comprehensive Plan recommendations, policies and proposals, any specific standards relating to particular uses contained in Article X of this chapter and the following general site design standards:
A.
Environmental considerations.
(1)
Every effort shall be made to either preserve the landscape in its
natural state or to improve existing site conditions in keeping with
adjacent areas.
(2)
Wherever possible, excessive cut or fill should be avoided, floodplains
respected and, where necessary, erosion control measures, including
terracing, stilling ponds, surface-water retention basins, grassed
slopes, grassed swales, etc., shall be incorporated in the design.
(3)
In the orientation and siting of buildings, the unique characteristics
of the site shall be taken into account with consideration given to
relating buildings and accessory uses to the topography of the site,
creating desirable focal points, preserving a natural view, providing
desirable space enclosures and respecting the established character
of the surrounding neighborhood.
(4)
In reviewing a site plan, the reviewing authority shall take into consideration the effect of the development upon all aspects of the environment as outlined in the environmental impact statement requirements, as well as the sufficiency of the applicant's proposal in his environmental impact statement for dealing with any immediate or projected adverse environmental effects. The reviewing authority may require, as a condition of approval of the application, that steps be taken to minimize the adverse environmental impact during and after construction, and no final approval shall be issued until all such requirements shall have been complied with or compliance is guaranteed by a performance guaranty meeting the standards, requirements and procedures set forth in §§ 75-66C and 75-104.1 of this chapter.
[Added 8-8-1991 by Ord. No. 271]
B.
The site plans shall provide for the development of the project as
a unified whole with design features that will tie principal, accessory
and other site structures together and relate site features successfully
and harmoniously to similar elements in surrounding buildings or structures.
In criticizing these aspects of the site plan, the Board shall consider
the building materials to be used, the use of color and texture, the
massing of architectural elements, the nature and positioning of windows,
doors and other building features, advertising structures and elements,
building height, paving materials, landscape materials and pedestrian
and vehicle accommodations and furnishings. In the case of auto parking
areas, truck loading areas, utility buildings and structures and similar
accessory areas and structures, special consideration shall be given
to the use of screen planting or other screening methods where said
features or structures are incongruous with the existing or contemplated
character of adjacent areas.
C.
Standards and procedures for determining surface drainage requirements
in connection with site plan review shall be those contained in the
Site Plan Review Resolution of the County of Salem. Said standards
and procedures are hereby adopted by reference as a part of this chapter.
D.
Additional site design standards for land mining operations. Any
land mining operation shall also meet the following site design standards:
[Added 2-8-1991 by Ord. No. 270]
(1)
Any tract of land proposed for earth excavation or land mining shall
be at least 25 acres in area unless it is contiguous to land already
used by an active land mining operation, in which case, it shall be
at least 10 acres in area and coordination of restoration plans shall
be required.
(2)
All excavations, land disturbance activities or the stockpiling of
material shall not be carried out or located closer than 200 feet
to any property or street lines.
(3)
No excavation or soil removal shall be deeper than two feet above
the seasonal high water table.
(4)
Haulage roads located within 200 feet of a public right-of-way or
property used for residential purposes shall be paved with a dustproof
surface.
(5)
Proof of legal right of access to land mining sites must be shown
where no frontage on a public road or highway exists, and access easements
or rights-of-way shall not pass through predominantly residential
areas.
(6)
No more than five acres of land shall be excavated or disturbed and
unrestored at any one time.
(7)
There shall be a two-hundred-foot wide buffer zone around the perimeter
of the site kept free of all activities and uses other than an entrance
lane. In this buffer area, trees and natural vegetation shall be left
undisturbed. If there are no trees or natural vegetation to form a
screen, there shall be plantings of six-foot high evergreen trees
on spacing of 12 feet by 12 feet throughout those parts of the buffer.
Trees in the buffer area shall be maintained by replanting them on
a semiannual basis with six-foot-high evergreen trees and any areas
where trees died or are destroyed by any cause so as to maintain at
all times at least a staggered spacing of 12 feet by 12 feet of evergreens
or mature trees in all parts of the buffer area.
(8)
Between the two-hundred-foot buffer and the mining operation there
shall be seven-foot high chain link fence of commercial grade topped
with triple strand angled barbed wire with a security gate of similar
structure and height as the fence to permit access for the access
road, and it shall be kept locked except during operating hours. Duplicate
keys to this gate shall be provided to the local fire company and
to the Township Zoning Officer.
(9)
A continuous twenty-five-foot wide service road shall be established
and maintained between the excavation and the buffer zone and shall
encircle the excavation. This service road shall be suitable for passage
for emergency vehicles and have no more than a four-percent grade
or cross-sectional slope.
(10)
Between the fence and the excavation there shall be an earthen
berm surrounding the excavation, eight feet high with a slope of 5:1,
if permanent, and a slope of three to one (3:1), if temporary, in
order to provide additional screening of site, sound and dust. There
shall be no operations performed between the buffer zone and the adjacent
berm.
(11)
The entire mining operation and restoration of the site shall
be completed within 10 years of the first final site plan approval.
(12)
Site plan approval shall be applied for and obtained pursuant
to the Township ordinance.
(13)
There shall be no excavations in freshwater wetlands or freshwater
wetland transition areas.
(14)
The owner of the premises shall give to the Township a recordable
grant easement for access to the site by the Township of Alloway and
its agents for the purpose of its inspections and for restoration
in the event that the landowners neglect or fail to comply with or
perform the conditions of the approval. Said document shall be approved
as to form by the Township Solicitor and accepted by the Township
Committee.
(15)
The inside edge of the buffer area, i.e., the boundary of the
buffer zone on the side next to the excavation, shall be indicated
by the chain link fence to be erected or by permanent markers set
at intervals of 200 feet and at corners so that the inside buffer
line can be easily determined in the field. These permanent markers
shall be iron stakes at least four inches in diameter with fluorescent
coating and extending six feet above grade.
(16)
There shall be no operation on Saturdays and Sundays or at any
time other than in the daylight between the hours of 7:00 a.m. and
5:00 p.m.
(17)
No graded or backfilled area shall be permitted to collect stagnant
water.
(18)
No ponding of water during or after cessation of operations
shall be permitted.
(19)
There shall be no excavation within 500 feet of any nonindustrial
or nonresidential building or within 500 feet of any residential structure
not on the subject premises.
(20)
The back-up beepers on all equipment and trucks entering or
used at the site shall not exceed the required minimum Occupational
Safety and Health Administration and state safety regulations by more
than 5%.
(21)
At least three down-gradient and one up-gradient monitoring
wells shall be installed and a sampling and monitoring program by
a New Jersey certified laboratory shall be carried out by the applicant
for the life of the operation, plus five years, to determine any effect
of the land mine on safe drinking water standards.
(22)
Restoration. All excavation areas shall be restored according
to the following restoration standards:
(a)
Submission of a proposed plan for landscaping and rehabilitating
the mined area and other areas used in the mining operation, including:
[1]
A comprehensive plan for reforestation of any pit or cavity
created by the mining.
[2]
A description of areas to be topsoiled, seeded and planted and
the amount and type of plantings.
[3]
A comprehensive plan for restoration of any pit or cavity created
by the mining or, if the pit or cavity is to be left unfilled as an
improvement to the land, a comprehensive plan to reshape the sides
and prevent erosion.
[4]
Disposition of all roads, buildings and equipment utilized in
connection with the mining activities.
(b)
Restoration shall be a continuous process, and each portion
of the parcel shall be restored within six months after resource extraction
is completed for that portion.
(c)
All restored areas shall be graded so as to conform to the natural
contours of the parcel; the slope of surface of restored surfaces
shall not exceed one-foot vertical to three feet horizontal.
(d)
Topsoil shall be restored to a minimum four-inch depth with
topsoil meeting the current New Jersey Department of Transportation
Standard Specifications for Bridge and Road Construction.
(e)
Drainage flows, including direction and volume, shall be restored
to the maximum extent practical to those flows existing at the time
the resource extraction operation was initiated, but in no case shall
the finished final condition of the area permit stagnant water to
collect.
(f)
All equipment, machinery and structures, except for structures
that are useable for recreational purposes or any other use authorized
for the area, shall be removed within six months after the resource
extraction operation is terminated and restoration is completed.
(g)
Reclamation shall, to the maximum extent practical, result in
the reestablishment of the vegetation association which existed prior
to the extraction activity and shall include at least one of the following:
[1]
The planting of a minimum of 1,000 one-year-old natural native
species to the area per acre.
[2]
Stabilization of exposed areas by established ground cover vegetation.
[3]
Cluster planting of characteristic native species to the area,
including oak and such other trees as blackjack oak, bear oak, chestnut
oak, black oak, maple, pine, pitch pine or such other trees as are
natural to the area, not limited to those listed herein, and such
shrubs, including but not limited to black huckleberry, sheep laurel
and mountain laurel, at a spacing sufficient to ensure establishment
of these species.
(h)
All slopes and other dry excavated areas shall be graded and
covered with topsoil, fertilized, mulched and reseeded so as to establish
a firm cover of grass or other vegetation sufficient to prevent erosion.
In the case of formerly wooded areas, restoration shall be accomplished
in accordance with a planting scheme arranged in conjunction with
the State Forester.
(i)
The applicant shall demonstrate that the final restoration plan
shall render the site reasonably usable for at least one use that
is permitted in that zoning district.
A.
All applications for zoning permits shall be accompanied by plans
in duplicate drawn to scale, showing the actual dimensions and shape
of the lot to be built upon, the exact size and location on the lot
of any buildings already existing and the location and dimensions
of the proposed building or alteration. The application shall include
such other information as reasonably may be required by the Zoning
Officer, including such things as existing or proposed open land uses,
existing or proposed accessory buildings or structures, the number
of families, housekeeping units or rental units the building is designed
to accommodate and such other matters as may be necessary to determine
conformance with and provide of the enforcement of this chapter. One
copy of the plan shall be returned to the applicant by the Zoning
Officer after he has marked such copy either as approved or disapproved
and has attested the same by his signature. The second copy of the
plans similarly marked shall be retained by the Zoning Officer.
It shall be unlawful to use or occupy or to permit the use or
occupancy of any building or premises, or both, or part thereof, hereinafter
created, erected, changed, converted or wholly or partly enlarged
in its use or structure until a certificate of occupancy shall have
been countersigned by the Zoning Officer stating that the proposed
use of the building or lands conform to the requirements of this chapter.
Following the completion of construction, reconstruction or alteration
of any buildings or any change in the use of a structure or land parcel,
the applicant shall transmit by registered mail to the Zoning Officer
a letter stating that such construction has been completed or that
a new or changed use is being proposed. Within seven days of receipt
of this letter, the Zoning Officer shall make all necessary inspections
of the completed structure and/or proposed use to determine conformance
with the terms of this chapter. A certificate of occupancy shall be
countersigned only if the Zoning Officer finds that the requirements
of this chapter or applicable supplementary actions of the Board of
Adjustment,[1] Planning Board or governing body have been complied with.
[1]
Editor’s Note: The Zoning Board of Adjustment was abolished and the functions of the Planning and Zoning Boards combined 5-20-2010 by Ord. No. 443 (Rev.), which ordinance also provided for the deletion of any other reference to the “Zoning Board of Adjustment” in the Township Code inconsistent with said ordinance. See also § 75-6J.
[Added 4-21-2016 by Ord.
No. 485]
The Planning Board shall render its decision not later than
120 days after the date an appeal is taken from the decision of an
administrative officer or of the submission of a complete application
for development to the Board pursuant to N.J.S.A. 40:55D-70. Failure
of the Board to render a decision within such one-hundred-twenty-day
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
[Added 4-21-2016 by Ord.
No. 485]
Any variance from the terms of this chapter hereafter granted
by the Planning Board permitting the erection or alteration of any
structure or structures or permitting a specified use of any premises
shall expire by limitation unless such construction or alteration
shall have been actually commenced on each and every structure permitted
by said variance or unless such permitted use has actually been commenced
within one year from the date of entry of the judgment or determination
of the Planning Board; except, however, that the running of the period
of limitation herein provided shall be suspended from the date of
filing an appeal from the decision of the Planning Board to the Township
Committee or to a court of competent jurisdiction until the termination
in any manner of such appeal or proceeding.
For each and every violation of any provision of this chapter,
the owner, contractor or other persons interested as general agent,
architect, building contractor, owner, tenant or any other persons
who commit, take part or assist in any violation of this chapter or
who maintain any building or premises in which any violation of this
chapter shall exist and who shall have refused to abate said violation
within five days after written notice shall have been served upon
them either by mail or by personal service, or such further time as
is provided in said notice, shall for each and every violation be
imprisoned in the Salem County Jail for a period not exceeding 90
days or be fined not exceeding $500, or both, at the discretion of
the court before whom a conviction may be had. Each and every day
that such violation continues after such notice shall be considered
a separate and specific violation of this chapter.
