Except as herein otherwise provided:
A. 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used, for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
B. 
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located.
C. 
No off-street parking area or loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
D. 
No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located or unless a variance has been granted therefrom.
E. 
No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.
[Amended 12-13-2007 by Ord. No. 2007-26]
The height limitations of this chapter shall not apply to church spires, non-commercial antennas, belfries, cupolas, chimneys, ventilators, skylights, solar heating equipment, focal point features such as clock tower or spire, and other mechanical appurtenances usually carried above the normal roofline, provided that no fire hazard is created, and provided that such exception covers not more than 10% of the roof or ground area. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornament without windows above the building height limit by not more than five feet. Quasi-public buildings and public buildings, schools, churches and other similar permitted uses may exceed the height limit herein established, provided that such uses shall increase the front, rear and side yards one foot for each foot by which such building exceeds the height limit established for the district within which the use is located, but in no case shall any building have a height greater than 50 feet.
All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of one footcandle over the entire area. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences, and overhead sky glow. No lighting shall shine directly or reflect into windows, or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be of a rotating, pulsating, beam, or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting, and similar characteristics shall be subject to the site plan approval by the approving authority. The objective of these specification is to minimize undesirable off-site effects.
Natural features such as trees, brooks, swamps, hilltops, and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
No lot shall have erected upon it more than one principal permitted use. No more than one principal building shall be permitted on one lot except that commercial uses, shipping centers, apartments and condominium projects, and industrial complexes, all receiving site plan approval, may be permitted to have more than one building on a lot in accordance with standards of the zoning district in which it is located.
[Amended 1-26-2017 by Ord. No. 2017-01]
No billboards shall be erected. No sign of any type shall be permitted to obstruct driving vision, traffic signals, sight triangles, and traffic direction and identification signs.
A. 
Animated, flashing, and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash, or display movement or the illusion of movement are prohibited.
B. 
Attached signs. Attached signs shall be affixed parallel to the wall to which they are attached and the face of the sign shall project no more than 12 inches from the surface of the wall.
C. 
Height. The uppermost part of an attached sign shall not exceed the base of the second floor window sill in a two or more story structure, or the base of the roof or 25 feet, whichever is lower, in either a one-story structure or a structure without windows. The uppermost part of a freestanding sign shall not exceed 20 feet. The lowest portion of any sign which projects above an area traversed either by motor vehicles or pedestrians shall be at least 15 feet and 10 feet, respectively.
D. 
Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. No sign shall be permitted that has a beam, beacon or flashing illumination. All signs lighted exteriorly shall have the light source shielded from adjoining lots, streets, and interior drives. All lights shall be either shielded or have translucent fixtures to reduce off-site effects.
E. 
Location. Attached signs may be located anywhere that does not conflict with any height, obstruction to vision, and similar regulation of this chapter. Freestanding signs shall be located only in the front yard and shall be no closer to a side lot line than the minimum side yard for the principal building, but in any event no closer to a street right-of-way than 20 feet and not located in any sight triangle.
F. 
Maintenance. Signs shall be constructed to durable materials, maintained in good condition and not allowed to become dilapidated.
G. 
Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 1/2 the building setback, but need not exceed 15 feet from all street and property lines. Signs shall not exceed eight square feet for residential advertising or 35 square feet for commercial and industrial uses. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. Real estate signs do not require a building permit. No more than one sign shall be permitted along each street on which the building has frontage. Real estate signs shall be permitted only on the lot which the sign is advertising.
H. 
Sign areas and dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used. Street number designations, postal boxes, family names or residences, on-site traffic directional and parking signs, signs posting property as "private property," "no hunting," or similar purposes, and "danger" signs around utility and other danger areas are permitted, but are not to be considered in calculating the sign area. The maximum dimension in any direction along the surface of a sign shall be 10 feet.
I. 
Temporary signs. No more than one sign advertising the name of the building under construction, general contractor, sub-contractor, financing institution, any public agencies or officials, and the professional personnel who worked on the project are permitted on a construction site beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy for the structure or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 32 square feet.
J. 
A Variable Message Sign (VMS) is a traffic control device for which the message can be changed manually, electronically, mechanically or electromechanically to provide motorists with information. The use of VMS is prohibited except that a temporary permit for a period of no more than seven to 10 days may be issued for non-profit events by the Zoning Officer in his or her discretion, based upon the submission of an application and considering the suitability of the proposed location and the potential impact on traffic, visibility or other considerations.
[Amended 3-14-2019 by Ord. No. 2019-04]
Storage of mobile homes or manufactured homes is specifically prohibited. The outdoor storage of an unoccupied recreational vehicle, motor homes, travel trailer, camper or boat shall be permitted on single-family properties, provided that:
A. 
Such storage shall not be located closer than three feet from any side or rear lot line or 10 feet from any street line.
B. 
Travel trailer, camper or boat shall not exceed 35 feet in length and eight feet in width.
C. 
Only one such trailer, camper, boat shall be permitted to be stored outdoors in any required yard area on any single-family residential lot.
D. 
No travel trailer, camper or boat stored in conformance with this subsection shall remain in such storage for longer than 12 consecutive months.
E. 
Any such vehicles stored in accordance with this subsection shall not be occupied and shall not be provided with utility connections other than required for vehicle maintenance and shall not be used for the storage of any non-recreational material.
F. 
Automobiles, station wagons, pickups or panel trucks, jeep vehicles, travel-alls and similar types of vehicles used for commercial purposes are permitted in all zones with less than a total registered gross weight of 12,000 lbs. Trucks and other commercial vehicles, not mentioned above, shall not be parked overnight or stored overnight in any residential zone except for vehicles engaged in construction parked or stored on an active construction site.
G. 
No trailer, auto trailer, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency for the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction provided a temporary permit has been issued for its use by the building inspector. This subsection shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises or the recreational use of same in campgrounds in conformance with all applicable ordinances and codes. The use of one recreational vehicle/travel trailer/motor home/camper may be permitted, for the purpose of security, upon those seasonal businesses, such as marinas, from March 1 to December 31 of each year. The aforementioned vehicle, as used for security purposes, must be removed and absent from the property between January 1 and February 28 of each year.
[Amended 8-14-2014 by Ord. No. 2014-12]
A. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter.
C. 
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter.
D. 
No principle structure shall be constructed closer than 20 feet to the water's edge of any stream, lake, lagoon or other body of water, except for the R-50 Residential Zone (see § 215-4.14F(1)(c)). In addition, no accessory structure shall be constructed closer than 15 feet to the water's edge of any stream, lake, lagoon or other body of water.
E. 
Additions or alterations to existing single-family dwellings that remain within the existing footprint of the enclosed roofed area shall be permitted.
F. 
Within any residential zone, no heating, ventilating and/or air-conditioning units, ducts, heaters, furnaces, well pumps or other aboveground mechanicals shall be placed within four feet of any property line nor within any front yard setback. For lots within areas of special flood hazard as set forth in § 185-7, air conditioning units may be placed within two feet of any property line but shall not be placed within any front yard setback.
G. 
Access ramps. Access ramps for handicapped individuals shall be exempt from the building setback requirements for the particular zoning district.
H. 
Unroofed patios, decks or terraces shall be considered part of the principal structure and shall not extend into any yard area unless such unroofed patio, deck or terrace does not rise more than 18 inches above ground level.
I. 
In order to accommodate elevated building construction in areas of special flood hazard as set forth in § 185-7, unroofed entrance porches or steps may encroach into the required front yard setback as required to elevate the building to the minimum of the ABFE or the BFE, plus any required freeboard. No such encroachment shall exceed five feet.
J. 
In order to accommodate elevated building construction in areas of special flood hazard as set forth in § 185-7, unroofed entrance porches or steps may encroach into the required side yard setback as required to elevate the building to the minimum of the ABFE or the BFE, plus any required freeboard, provided the unroofed entrance porches or steps do not extend more than five feet from the principle structure. Unroofed entrance porches or steps may not be located within five feet of any property line.
A. 
Types:
(1) 
Permanent underground.
(2) 
Permanent aboveground: aboveground pools equipped with fences built above the top level of the pool.
(3) 
Temporary aboveground: aboveground pools not equipped with fences built above the top of the pool.
B. 
Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulation and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.
C. 
Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.
D. 
An application for a permit to construct a private swimming pool shall include a plot plan or survey of the property clearly showing the location of the proposed pool with setback distances from the property lines and distances from buildings and structures on the property. The plan shall be adequate for the Construction Official to clearly identify the proposed pool location in the field.
E. 
Pools that are less than 24 inches deep or having a surface area less than 250 square feet, except when such pools are permanently equipped with a water-re-circulation system or involve structural materials, shall not require a permit.
F. 
If required by the Construction Official, the application for an in-ground swimming pool shall include a grading plan showing existing and proposed grades and the proposed flow of surface drainage. This plan shall also show the location of the proposed pool and any appurtenances and be signed and sealed by a professional engineer licensed to practice in the State of New Jersey.
G. 
Pump location.
(1) 
A pump or a filtration or pumping station for a private residential swimming pool shall be situated a minimum of 15 feet from the rear lot line.
(2) 
The location of a pump of a filtration or pumping station for a private residential swimming pool shall meet the minimum required side yard setback distances for principal buildings, as specified in this chapter, for the zoning district within which the property is located.
H. 
Enclosure.
(1) 
In-ground pools shall be surrounded entirely by a fence, with no openings greater than a two-inch square, and shall be capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high above grade and no more than six feet in height, and, if made of wire, they must be of the chain-link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.
(2) 
Permanent aboveground pools constructed with an attached deck and fence being at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart need no additional fencing.
(3) 
Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering, securely fastened or locked in place unless enclosed by a fence meeting the requirements for a permanent underground pool.
I. 
Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and shall be equipped with a lock and key or padlock and chain and shall be kept locked, except when the pool is in use.
A. 
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township requirements or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
B. 
Where a building lot has frontage on a street which the Master Plan or the Official Map of the Township or the Subdivision and Site Plan Resolution of the County of Ocean indicates is proposed for right-of-way widening or the street does not conform to the minimum right-of-way width requirements in this chapter or the above-indicated documents, the required front yard setback shall be measured from such required or proposed right-of-way line.
C. 
Access to every lot shall conform to the standards of the State Highway Access Management Code or any county or Municipal Access Management Code adopted.
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level and no obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point on each street line located 25 feet from the intersection of the street lines.
Where two or more lots created by the filing of a map pursuant to the Map Filing Law[1] prior to establishment of the Planning Board have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 46:26b-1 et seq.
[Amended 6-27-2002 by Ord. No. 2002-017; 12-12-2002 by Ord. No. 2002-040; 10-23-2014 by Ord. No. 2014-16]
Unless otherwise specified in this Chapter, accessory buildings shall conform to the following regulations:
A. 
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this Chapter for principal buildings within the appropriate zone.
B. 
Accessory buildings shall not exceed 15 feet in height.
C. 
Accessory buildings or structures must be located on the same lot as the principal use to which they are an accessory.
D. 
Accessory buildings shall not occupy a front yard setback in any zone and no more than 35% of the available rear yard area in any zone. Accessory ground-mounted solar energy systems on single family residential lots shall be exempt from the 35% rear yard requirement.
E. 
Detached accessory buildings shall not be located closer to the street than the front building line of the principal structure and shall be governed by the individual zoning district requirements for the side and rear yard setback limits.
F. 
Any building with a gross floor area in excess of 900 square feet or containing living space shall not be considered an accessory building.
[Amended 3-25-2010 by Ord. No. 2010-06; 3-14-2019 by Ord. No. 2019-04]
A. 
Purpose. An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Little Egg Harbor so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. 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 Section clearly demonstrates a different meaning. When not inconsistent with the contest, words used in the present tense include the future, words used in the plural number shall 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system or conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Little Egg Harbor or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport Stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening, slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. 
Prohibited conduct. No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
(1) 
Already meets the design standard below t control passage of solid and floatable materials; or
(2) 
Is retrofitted or replaced to meet the standard in Subsection D below prior to the completion of the project.
D. 
Design standard. Storm drain inlets identified in Subsection C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(3) below.
(1) 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a) 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
(2) 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
(3) 
This standard does not apply:
(a) 
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(b) 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactures treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[1] 
A rectangular space four and give-eights inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[2] 
A bar screen having a bar spacing of 0.5 inch.
(c) 
Where flows are conveyed through a trash truck rack that has parallel bars with one-inch spacing between the bars; or
(d) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
E. 
Enforcement. This chapter shall be enforced by the Code Enforcement Official of the Township of Little Egg Harbor.
[Added 12-14-2023 by Ord. No. 2023-34]
A. 
Purpose. The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This section establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately owned), including residences, in the Township of Little Egg Harbor, to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article 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 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.
STORM DRAIN INLET
The point of entry into the storm sewer system.
C. 
De-icing material storage requirements.
(1) 
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
(a) 
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
(b) 
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
(c) 
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
(d) 
Loose materials shall be covered as follows:
[1] 
The cover shall be waterproof, impermeable, and flexible;
[2] 
The cover shall extend to the base of the pile(s);
[3] 
The cover shall be free from holes or tears;
[4] 
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
[5] 
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
[a] 
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
(e) 
Containers must be sealed when not in use; and
(f) 
The site shall be free of all de-icing materials between April 16 and October 14.
(2) 
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 to April 15.
(3) 
All temporary and/or permanent structures must also comply with all other local ordinances, including building and zoning regulations.
(4) 
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this chapter are met. Inspection records shall be kept on site and made available to the municipality upon request.
(a) 
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
D. 
Exemptions.
(1) 
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.
(2) 
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection C above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(3) 
This section does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.
E. 
Enforcement. This section shall be enforced by the Township Police Department and/or the Code Enforcement Official for Little Egg Harbor Township during the course of ordinary enforcement duties.
F. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in penalties/fines as follows: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $1,250; or by a period of community service not exceeding 90 days.