For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
DE-ICING MATERIALS
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind-driven rainfall).
A.
A fabric frame structure is a permanent structure if it meets
the following specifications:
(1)
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
(2)
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
(3)
The structure shall be erected on an impermeable slab;
(4)
The structure cannot be open sided; and
(5)
The structure shall have a roll-up door or other means of sealing
the access way from wind-driven rainfall.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
RESIDENT
A person who resides on a residential property where de-icing
material is stored.
This chapter shall be enforced by the Mantua Township Police
Department and/or other municipal officials of the Borough of Wenonah
during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this chapter shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows:
A. Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine in an amount not less than $25, nor more than $50; upon a second
violation, a fine in an amount not less than $50, nor more than $100;
and upon a third or subsequent violation, a fine in an amount not
less than $100, nor more than $250; and/or a period of community service
not to exceed 10 days. Whenever such person shall have been officially
notified or by service of a summons in a prosecution, or in any other
official manner, that said person is committing a violation, each
day's continuance of such violation after such notification shall
constitute a separate offense, punishable by a like fine or penalty.
Each section, subsection, sentence, clause, and phrase of this
chapter is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this chapter to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this chapter.
This chapter shall be in full force and effect from and after
its adoption and any publication as may be required by law.