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City of Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
The authority for a municipality to adopt a building code by reference is contained in R.S. 40:49-5.1, et seq.
See also Chapter 13A for local enforcement of the Uniform Fire Safety Code.
See section 2-37 for an Interlocal Services Agreement for Joint Construction Office Services.
A code is hereby adopted establishing rules and regulations for the construction, alteration, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and their service equipment; providing for certain permits and licenses; and providing penalties for its violation. A copy of the code is attached to and made a part of this section without the text of the code being included herein.
The code adopted and established by this section is commonly known as the "Standard Building Code of New Jersey," in particular parts A and B embracing administration, definitions, structural, fire, and general safety requirements, as adopted by the New Jersey Department of Conservation and Economic Development on December 23, 1953; part C embracing elevators, motor stairways and conveyor equipment; part D embracing air conditioning, mechanical ventilation, refrigeration; and part F embracing electrical equipment and wiring, adopted by the New Jersey Department of Conservation and Economic Development on November 16, 1956, together with revision #1 of the "Standard Building Code of New Jersey" effective September 1966, their component manuals, manual supplement #1 adopted September 1964 and manual supplement #2 adopted January 3, 1966, and the rules for the construction of one and two family dwellings which comprise section MB802.O-U of the manual of parts A and B as adopted by the New Jersey Department of Conservation and Economic Development on June 18, 1958. The aforementioned code, revision, manuals and rules are sometimes referred to in this section as the "building code."
Three copies of each of the codes, revision, manuals, supplements and rules described in subsection 11-1.2 have been placed on file in the office of the city clerk and will remain on file there for the use and examination of the public.
The following schedule of fees is hereby established:
a. 
Parts A and B—General Provisions and Structural Fire and General Safety Requirements.
Section B.119.1—New Construction and Alterations. The fees for permits for new construction and alterations shall be in accordance with the provisions of Chapter 11A.
Section B.119.2—Removal of Buildings. The fee for the permit for the removal or the moving of any building shall be as provided in Chapter 11A of this revision.
Section B.119.3—Demolition. The fee for the permit for the demolition or raising of any building shall be as provided in Chapter 11A of this revision.
Section B-119.4—Signs. The fees for signs, billboards and other display structure or decorations on any building, electrical, neon or otherwise, shall be in accordance with the fees as provided in Chapter 11A of this revision.
Section B-119.6—Special Fees, License Fees and Registration Fees. In addition to the provisions concerning special fees, all contractors shall be required to pay registration fees as follows:
Initial Registration Fee
Annual Renewal of Registration Fee
General building contractor
$300.00
$50.00
Brick, block masons, cement & concrete contractors
$100.00
$50.00
Plastering contractor
$100.00
$50.00
Roofing contractors
$100.00
$50.00
Tile setting contractors
$100.00
$50.00
Iron & steel working contractors
$100.00
$50.00
House moving contractors
$100.00
$50.00
Pile driving contractors
$100.00
$50.00
Electric & neon sign & decoration contractors
$100.00
$50.00
Painting contractors
$50.00
$25.00
Plate glass & glazing contractors
$50.00
$25.00
Awning contractors
$50.00
$25.00
Metal storm door & window contractors
$50.00
$25.00
Contractors not otherwise classified
$50.00
$25.00
Owner's license for the construction of a residence structure consisting of not more than two apartments. This license shall be limited to one construction project for such owner's use annually
$50.00
All registrations for contractors shall expire on the last day of December of each year and may be renewed at any time within two years of their expiration date without re-examination of the registrant. Registrations not renewed within two years of their expiration date may not be renewed until the applicant has been re-examined.
b. 
Part C—Elevators, Motor Stairways and Conveyor Equipment. The fees for permits for elevators shall be as provided in Chapter 11A of this revision.
Section C. 203.0—Fees. The fee for any of the permits required under Part C of the code shall be fifteen ($15.00) dollars.
c. 
Part D—Air Conditioning, Mechanical Ventilation and Refrigeration.
Section D. 202. In addition to the provisions set forth requiring a permit or state certificate, it is hereby determined that the fee for the permits so required shall be in accordance with and pursuant to the fees based on the cost of work as set forth at Section B. 119.1.
d. 
Part F—Electrical Equipment and Wiring. The fees for electrical inspection shall be as provided in Chapter 11A, of this revision.
The following amounts are hereby established for indemnity bonds required by the building code:
a. 
Sign Bonds. The owner of every sign shall be bonded in an amount not less than one hundred ($100.00) dollars for the erection and maintenance of the sign or billboard in accordance with the provisions of this code.
b. 
Wrecking Bonds. The owner or person to whom a permit has been issued to wreck, raze or demolish a building shall provide a bond in the amount of one thousand ($1,000.00) dollars, which bond shall require the completion of the work, the clearing and filling in of the site and which will indemnify the city against loss or damage.
c. 
Moving Bonds. The owner of a building to be moved shall furnish a bond in the amount of one thousand ($1,000.00) dollars, which bond shall require the completion of the work and the restoration of the site as provided by this code and indemnify the city against loss or damage.
The building code as adopted by the City of Wildwood is hereby amended by deleting sections B. 107 and F. 201.1.
No person shall construct or maintain any wharf, pier, dolphin, boom, weir, breakwater, jetty, dam, dike, bridge, causeway or other structure below the ordinary high-water line of navigable waters under the jurisdiction of the city without first obtaining a permit from the board of commissioners.
Each applicant for a permit required by this section shall submit to the building inspector complete plans and specifications of the proposed structure. The application shall be accompanied by the payment of the required fee. The fee shall be based on the estimated cost of the work for erecting the structure and shall be in accordance with the schedule established by subsection 11-1.4(a).
The board of commissioners shall issue the required permit upon the certification of the building inspector that the required fees have been paid and that the plans and specifications conform to generally accepted standards for the construction and maintenance of such structures.
Any permit issued under this section may be suspended or revoked for failure to perform the work of constructing or maintaining the structure in accordance with the plans and specifications filed with the building inspector.
This section shall not apply to work performed by the City of Wildwood or its agents or employees.
It is deemed for the best interest of the inhabitants, citizens and taxpayers of the city, that an unobstructed view shall always be maintained of the beach, strand and ocean looking from the present boardwalk between Cedar Avenue and Twenty-sixth Street, and also from any further boardwalk that may be built, erected, constructed and completed between Cedar Avenue and Twenty-sixth Street, of a width of 60 feet, as now contemplated by the city for future use. It is also found that it would be great detriment and cause injury and damage to the city's inhabitants, citizens and taxpayers were buildings for commercial purposes allowed to be erected, constructed and completed on the ocean side of the present boardwalk and any future boardwalk in the location above described.
It shall be unlawful for any person to repair, alter, erect, construct or complete any building to be hereafter used for any commercial purposes, located or hereafter to be located on the southeastwardly side of the present boardwalk or any future boardwalk between Cedar Avenue and Twenty-sixth Street, excepting such open pavilions as the board of commissioners may upon application allow.
Anyone hereafter constructing or reconstructing any bulkheads within the city limits of the City of Wildwood, shall conform to the provisions of this section. The standards provided herein are the minimum standards acceptable to the City of Wildwood; alternate designs, materials and methods of construction may be utilized but must be submitted, signed by a licensed professional engineer where appropriate, to the city engineer for approval prior to issuance of a building permit.
Any bulkheads constructed or reconstructed in this city, along any waterway, shall conform to the following minimum specifications:
a. 
See attached details, sheets 1 through 4 of 4 for typical section and typical elevation.[1]
[1]
Editor's Note: Pursuant to Ordinance No. 719-08, subsection 11-4.12 of the Code of the City of Wildwood cannot be modified or repealed in any manner without consent from the State of New Jersey, Department of Environmental Protection and/or the State Attorney General's Office.
b. 
Round Timber Piles. Round timber piling shall be Southern Pine or Douglas Fir, with a minimum butt diameter of nine to 12 inches, per ASTM D-25 and shall be pressure treated in accordance with C-3, C-18 or AWPB MP- 1, 2 or 4.
Timber pilings shall be cut above the ground swell. Piles shall taper gradually and uniformly from butt to tip, be free of short kinks, and be straight. All knots shall be sound and shall be trimmed close. No knot or knot cluster shall have an average diameter exceeding one-third the diameter of the pile at the point where the knot occurs. Piles shall otherwise be free from defects impairing strength and durability. All piles shall be peeled.
c. 
Wales. Wales shall be either Southern Yellow Pine or Douglas Fir, construction grade. The pressure treatment shall be in accordance with AWPA C-2, C-18 or ASPB MP- 1.
d. 
Sheeting. Sheeting shall consist of No. 2 grade Southern Yellow Pine. The pressure treatment shall be in accordance with AWPA C-2, C-18 or ASPB MP- 1. All sheeting shall be straight with not more than one-half inch deviation in 20 feet length. Sheeting shall be tongue and groove type as shown on the details or vinyl sheeting or equipment approved by New Jersey Department of Environmental Protection.
e. 
Hardware. Hardware shall include, in general, all tie rods, bolts, nuts, washers, bars, plates, shapes, nails and spikes required to complete the structure. All hardware shall be as follows:
1. 
Tire rods — Per ASTM A-36 steel.
2. 
Bolts — Per ASTM A-37 steel.
3. 
Nuts — Per ASTM A-307 or A-563 steel.
4. 
Ogee washers — Per ASTM A-47 for class 30-A cast iron.
5. 
Spikes and nails — common wire per AISI 1010 or 1020 steel.
6. 
All of the above hardware shall be double hot-dip galvanized per ASTM A-123 or A-153, as applicable. All threads to be cut prior to galvanizing. The finish on stainless steel product shall be smooth. Nuts shall have a neat fit for finger turning throughout the length of thread.
7. 
Must be compatible with pressure treated material. Unless otherwise indicated the lengths of nails and spikes shall not be less than twice the nominal thickness of the material being nailed. Each sheet piling shall be fastened to each wale by at least two spikes as shown on the details.
Nuts used on tie rods or bolts must be securely pulled with sufficient bolt thread allowed to give both nuts full grip. No chocking or shimming under bolt heads or nuts will be permitted, except in the case of unusual inequalities when the space may be taken up with additional specification washers.
f. 
Filter Fabric. Filter fabric shall be installed as shown in the details. The material shall be lapped and seamed as necessary. Overlaps shall not be less than 18 inches, and no additional allowance will be made for materials in laps and seams.
g. 
Crushed Stone. Crushed stone shall be installed as shown on the details and shall be size no. 57.
Any bulkheads constructed or reconstructed in this city shall be constructed in accordance with the following method of construction:
a. 
Equipment; Driving Length. Unless otherwise noted, all piling shall be driven vertically. Driving shall be continuous on one pile without interruption. Timber piles shall be driven with a gravity or a steam hammer or, if permitted by the inspector, with a combination of hammer and water jet. If necessary to obtain desired penetration, piles shall be shoed and capped by the contractor.
Gravity hammers for timber piles shall be of sufficient weight to drive the piles to the desired penetration, and the drop of the hammer shall be regulated so as to not damage the piles while being driven.
All piles, including anchor piles, unless otherwise directed, shall be driven a minimum of ten feet into solid ground.
b. 
Sheeting. Sheeting shall be driven so as to avoid creeping and shall be driven plumb straight, and true to line, grade, and proper elevation and to full penetration, as shown on the details. Water jets, hammers, or both may be used to obtain the desired penetration. Any and all sheet piling damaged in driving out-of-line shall be removed or replaced. Sheeting is to be driven so that the tops are even with but not below the wales. Any obstructions encountered shall be removed, if necessary.
c. 
Hardware. Drive bolt and spike holes shall be bored with a bit of 1/16 inch less in diameter than the bolt or spike to be used. Holes on the exposed side of the bulkhead are to be counter bored so that bolt heads and nuts will not protrude past the piling.
d. 
Cleaning and Restorations. The contractor shall be responsible for removing the existing deteriorated bulkhead sections and discarding all material. The existing bulkhead and sections shall be cut off a minimum of four inches below existing grade or that required to construct the new bulkhead. If asphalt paving material, concrete sidewalks, concrete curb and gutter is encountered the contractor will be responsible for removing and discarding the material. The contractor shall be responsible for restoring disturbed areas. After construction of the new bulkhead the area directly behind shall be backfilled with clean fill and graded and crushed stone shall be installed. The contractor shall be responsible for topsoiling and replanting any grassed areas that are disturbed during construction as well as any areas which are outside the existing cartways.
e. 
Storm Drain Outlets. If storm drain outlets are encountered the contractor shall be responsible for extending the storm sewer line utilizing adapters and fittings as necessary, installing the bulkhead around the outlet in accordance with the details and reattaching existing tide flex valves where encountered.
a. 
Application. Prior to the construction or reconstruction of any bulkheads, a zoning permit will have to be obtained from the zoning official an application with accompanying plans and specifications of the bulkhead. Approval from the city engineer is required when the plans and specifications submitted do not conform to the minimum requirements established herein. In addition, a Letter of No Interest or a CAFRA Permit, issued by the NJDEP, should accompany all applications for a zoning permit.
b. 
Fees. A fee of three hundred ($300.00) dollars for the first 60 feet and one ($1.00) dollar per foot for any portion beyond, for a newly constructed, renovated bulkhead. The bulkhead plans shall be prepared by a New Jersey licensed engineer or architect. Prior to backfilling of any bulkhead construction, reconstruction, or repair the city shall perform an inspection to ascertain that the bulkhead has been built to the plans and specifications that were submitted with the permit application. Written notice of completion shall be given to the city inspector prior to backfilling and upon completion supply certification by a licensed engineer or land surveyor as to the elevations of the completed bulkhead height. If it determined that the work that was performed pursuant to the bulkhead permit fails to meet the standards of this section or is not in compliance with the approved plans and specifications, then written notice of final inspection failure shall be transmitted to the owner and contractor of record. This notice shall detail reasons for the inspection failure. Applicants shall correct all deficiencies that resulted in the inspection failure within 20 working days of the written notice of inspection failure. If the violations are not corrected within the 20 working days the applicant shall be deemed to be in violation of this section and subject to all the penalties allowed in subsection 11-4.11.
The height of any bulkhead to be constructed or reconstructed will conform to the height of any contiguous bulkhead, such contiguous bulkhead to comply with any height limitation set forth in this section or amendment hereto. In the event there are two contiguous existing bulkheads, both complying with the specifications contained in this section or any amendment hereto, then the bulkhead to be constructed or reconstructed shall conform in height with at least one of the contiguous bulkheads.
Elevations of such bulkheads will conform to attached detail for typical section and typical elevation.
The zoning official of the City of Wildwood is hereby charged with the responsibility of enforcing or interpreting this section. However, in the event anyone is aggrieved with the action of the inspector, he may appeal to the board of commissioners who shall appoint two officials, who, together with the city engineer, shall determine the issue by majority vote.
The owners or other person in interest in any property upon which any bulkhead heretofore has been or hereafter shall be erected along any navigable waters within this city, other than the Atlantic Ocean, shall keep and maintain the same in such a state of repair as to maintain the filling in of land around and about the same to the grade above mean high tide as established in that area, and to prevent tidal erosion and damage thereto, and to adjacent properties.
It shall be the duty of zoning official, their deputies and agents, from time to time, to inspect all such waterfront properties in this city and to report to the commissioners and notify the owners or occupants of said premises of the existence of a dangerous, rotten or defective bulkhead; or in the absence of a bulkhead, the existence of tidal erosion, flooding and damage thereto, and to adjacent properties, which causes a detriment to the health, safety and welfare of the public. Thereafter, it shall be the duty of the owner, possessor or other persons in interest in said property to forthwith replace, construct, remedy or repair or cause to be replaced, constructed, remedied or repaired such dangerous and defective condition.
Upon the neglect or failure of any such owner, processor or other such person in interest to repair, construct or remedy such damaged, dangerous or defective condition as identified in subsection 11-4.9 within a reasonable period of time, to be determined by the inspector, or immediately upon the discovery of such dangerous and defective conditions, the inspector shall give written notice of the work to be done to the owner or owners of such lands by mail, if their post office address be known, or if not known, then by posting such notice upon the property affected thereby, or by leaving the same with any occupant thereof or by personal service, if the owner be resident of and present within the city. Such notice shall provide for allowing the owner 60 day's time within which to perform the work thereby required, and shall contain notice that for failure to maintain, construct, rebuild or repair and keep such bulkhead, pier or other work and structure, according to the requirements of this section, the governing body shall cause the work to be done, and the cost thereof, together with interest, shall by resolution, be assessed upon the land in front of and along which such bulkhead or other work shall have been constructed as other taxes and liens due this city.
Any person violating any provision of this section shall upon conviction thereof be punished by a fine not exceeding one thousand ($1,000.00) dollars or by imprisonment for a term not exceeding 90 days or both. A separate offense shall be deemed to be committed on each and every day during or on which a violation occurs or continues.
The City of Wildwood shall assure perpetual public access to and use of the entire tidal lands and bulkheads along Susquehanna Avenue at Tacony Road (Otten's Harbor), Mediterranean Avenue (Otten's Harbor), Niagara Avenue (Otten's Harbor), Park Boulevard (Otten's Harbor), Poplar Avenue (Wildwood Canal), Magnolia Avenue (Wildwood Canal), Maple Avenue (Wildwood Canal), Susquehanna Avenue from Cedar Avenue to Lincoln Avenue (Post Creek Basin), and Montgomery Avenue (Post Creek Basin), in the City of Wildwood. All existing on-street parking Susquehanna Avenue at Tacony Road (Otten's Harbor), Mediterranean Avenue (Otten's Harbor), Niagara Avenue (Otten's Harbor), Park Boulevard (Otten's Harbor), Poplar Avenue (Wildwood Canal), Magnolia Avenue (Wildwood Canal), Maple Avenue (Wildwood Canal), Susquehanna Avenue from Cedar Avenue to Lincoln Avenue (Post Creek Basin), and Montgomery Avenue (Post Creek Basin), will be maintained. All public access to the tidal areas and bulkhead shall be provided in a nondiscriminatory manner.
DETAIL 1
BULKHEAD CONSTRUCTION City of Wildwood
(Subsection 11-4.2)
011-4-2 detail1.tif
DETAIL 2
BULKHEAD CONSTRUCTION City of Wildwood
(Subsection 11-4.2)
011-4-2 detail2.tif
DETAIL 3
BULKHEAD CONSTRUCTION City of Wildwood
(Subsection 11-4.2)
011-4-2 detail3.tif
DETAIL 4
BULKHEAD CONSTRUCTION City of Wildwood
(Subsection 11-4.2)
011-4-2 detail4.tif
[1]
Editor's Note: Pursuant to Ordinance No. 719-08, subsection 11-4.12 of the Code of the City of Wildwood cannot be modified or repealed in any manner without consent from the State of New Jersey, Department of Environmental Protection and/or the State Attorney General's Office.
a. 
Vent openings which permit the passage of air and gases from individual residences and/or commercial sanitary sewer lateral connections to the sanitary collector system, and which are not less than ten feet above mean sea level, shall be installed in a manner so as to prohibit the inflow of surface run-off and storm waters to the sanitary system. Existing vent openings not satisfying this criteria shall be modified to prohibit the inflow of surface run-off and storm sewer run-off to the sanitary sewer collector system.
b. 
Where complete sealing of such vent openings is determined to be detrimental to the proper operation of the lateral connection and internal plumbing facilities, or otherwise presents a hazard to the health and safety of the occupants, the vent installation shall be modified or relocated to allow the passage of air and gases without permitting the inflow of surface waters.
c. 
Any vent opening existing at the time of the passage of this section shall be relocated, sealed and/or modified so as to comply with the provisions of this section on or before March 31, 1981.
No person shall discharge, or cause to be discharged, any storm water, surface water, ground water, roof run-off, sub-surface drainage, or water from down spouts, sump pumps, yard rains, yard fountains, ponds or lawn sprays, into any sanitary sewer or combined storm and sanitary sewer within the city. Such discharge shall be only into such sewers as are specifically designated as storm sewers or to a natural outlet which has received prior written approval by the city engineer. No person shall connect roof down spouts, exterior fountain drains, areaway drains, sump pumps, storm water inlets or catch basins, showers, foot baths, or other sources of surface run-off or ground water either directly or indirectly to any sanitary sewer within the city. Any such connection in existence at the time of the passage of this section shall be disconnected, and there shall be compliance with all terms of this section on or before March 31, 1981.
a. 
The costs of modifications, relocations, sealings, new installations, maintenance and/or any other changes required, pursuant to section 11-5.1 and 11-5.2 shall be borne by the property owner.
b. 
If any property owner should fail to comply completely with the requirements of the aforesaid on or before March 31, 1981, the city may undertake such action as it deems necessary and appropriate to correct any and all deficiencies. All costs and expenses incurred by the city therefor shall be a lien upon the premises until paid, and the city shall have the same remedies for the collection thereof, with interest, costs and penalties, as it has by law for collection of taxes upon real estate. Alternatively, the city may proceed as in the case of the abatement of nuisances and shall have all rights, including rights relating to recovery of costs involved, as set forth in such cases at law. Certification as to costs shall be made by the plumbing subcode official or the city engineer.
Compliance with the terms and conditions hereof shall be determined by and in the sole discretion of the municipal plumbing subcode official or the municipal engineer.
Any violation of the provisions of this section shall subject the violator to penalties in accordance with these revised ordinances, including, but not limited to, section 3-12 hereof.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein.
a. 
BUILDING — Shall mean a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. Any structure having less than 100 square floor feet shall be exempt from the provisions of this section.
b. 
CONSTRUCTION OFFICIAL — Shall mean the construction official of the City of Wildwood, County of Cape May, State of New Jersey.
No person shall move or cause to be moved any building over, along or across any highway, street or alley in the city without first obtaining a permit from the construction official.
A person seeking issuance of a permit hereunder shall file an application for such permit with the construction official.
a. 
Form. The application shall be made in writing, upon forms provided by the construction official and shall be filed in the office of the construction official.
b. 
Contents. The application shall set forth:
1. 
A description of the building proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of exterior and interior.
2. 
A legal description of the lot from which the building is to be moved, giving the lot, block and tract number, if located in the city.
3. 
A legal description of the lot to which it is proposed such building be moved, giving lot, block and tract number, if located in the city.
4. 
The portion of the lot to be occupied by the building when moved.
5. 
The highways, streets and alleys over, along or across which the building is proposed to be moved.
6. 
Proposed moving date and hours.
7. 
The name and address of the person who shall perform the moving of the building and who shall be responsible for placing security for damages, etc.
8. 
Any additional information which the construction official shall find necessary to make a fair determination of whether a permit should be issued.
c. 
Accompanying Papers.
1. 
Tax Certificate. The owner of the building to be moved shall file with the application proof that the building and lot from which it is to be removed are free of any liens and that all taxes and any city charges against such building have been paid in full.
2. 
Certificate of Ownership of Entitlement. The applicant, if other than the owner, shall submit, with the application, written evidence of the applicant's right to move the building.
d. 
Fee. The application shall be accompanied by a permit fee in the amount of $25.00 plus the fee or cost for any services required to be rendered by the city.
e. 
Notice to Adjacent Land Owners. Any person seeking issuance of a permit hereunder shall give notice to all property owners within 200 feet in all directions of the property upon which any building is to be placed at least ten days prior to the hearing thereon by the board of commissioners, which shall state the time and place when the board of commissioners shall determine whether a permit shall be issued.
f. 
Application Requirements. A person seeking the issuance of a permit hereunder shall file with the city clerk, pictures of the exterior parts of the building that is to be moved and a plot plan showing the building in its finished form on the location upon which it is to be placed. If, in the opinion of the members of the board of commissioners, such permit would result in a violation of any existing city ordinance, then the board of commissioners may, in its discretion, direct the refusal of the issuance of such permit. Application shall be filed no less than 20 days prior to the date requested for the issuance of the permit.
An application hereunder shall be accompanied by a bond of indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street, passway, fire hydrant, sidewalk, curb or other property of the city which may be caused by or be incidental to the removal of any building over, along or across any street or passway in the city. The form of bond shall be approved by the city solicitor.
a. 
Inspection. The construction official shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit have been met. The construction official shall also inspect both sites after the move has occurred, one site being the former location and the second site being the new location.
b. 
Standards for Issuance. The construction official shall refuse to issue a permit if he finds:
1. 
That any application requirement, or any fee or deposit requirement, has not been complied with.
2. 
That the building is too large to move without endangering persons or property in the city.
3. 
That the building is in such a state of deterioration or disrepair, or is otherwise so structurally unsafe, that it could not be moved without endangering persons and property in the city.
4. 
That the applicant's equipment is unsafe and that persons and property would be endangered by its use.
5. 
That zoning or other ordinances would be violated by the building in its new location.
c. 
Designation of Streets for Removal Route. The construction official shall procure from the city engineer a list of designated streets over which the building may be moved. The construction official shall have the list approved by the chief of police and shall reproduce the list upon the permit in writing. In making their determination, the city engineer and the chief of police shall act to assure maximum safety to persons and property in the city, and to minimize congestion and traffic hazards on public streets.
a. 
Deposit. The construction official shall deposit all fees and deposits, and all bonds or insurance policies with the city treasurer.
b. 
Return Upon Nonissuance. Upon his refusal to issue a permit, the construction official shall return to the applicant all deposits, bonds and insurance policies. Permit fees filed with the application shall not be returned.
c. 
Return Upon Allowance for Expense. After the building has been removed, the construction official shall furnish the mayor and commissioners with a written statement of all expenses incurred in removing and replacing all property belonging to the city, and of all material used in the making of the removal and replacement, together with a statement of damage caused to, or inflicted upon, property belonging to the city, including the removal or replacement of any wires, poles, lamps or traffic signals or other property belonging to the city. The mayor and commissioners shall authorize the construction official to return to the applicant all deposits after the city treasurer deducts the sum sufficient to pay for all the costs and expenses, and for all damage done to the property of the city, if any, by reason of the removal of the building. In the event that the deposit of the applicant is not sufficient to cover all damages, then the applicant shall be liable to the city for any excess thereof. Permit fees deposited with the application shall not be returned.
Every permittee under the provisions of this section shall:
a. 
Use Designated Streets. Move a building only over streets designated for such use in the written permit.
b. 
Notification of Revised Moving Time. Notify the construction official in writing of a desired change in moving date and hours as proposed in the application.
c. 
Notification of Damage. Notify the construction official in writing of any and all damage done to property belonging to the city within 24 hours after the damage or injury has occurred.
d. 
Display Lights. Cause red lights to be displayed during the nighttime on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction and, at all times, erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building.
e. 
Street Occupancy Period. Remove the building from the city streets after four days of such occupancy, unless an extension is granted by mayor and city commissioner.
f. 
Compliance. Comply with the building code, zoning ordinance and all other ordinances and laws upon relocating the building in the city.
g. 
Utilities. The permittee shall notify the city gas and electric service companies to remove their services and shall also be responsible for taking necessary steps in leaving water, sewerage and drainage facilities of old location of building in a safe condition.
Any person who desires to enter into the business of selling movable buildings may submit a plan of location for such operations to the planning board. The board may grant a permit to erect sample buildings upon the submitted location, however, such sample buildings shall be finished in a permanent fashion in so far as their exterior portions are concerned. Application for such permits shall be made according to the usual procedure as set forth hereinabove. In no event shall any person be permitted to have an accumulation of such buildings other than samples as set forth above.
a. 
The construction official, police department, and the city engineer shall enforce and carry out the requirements of this section.
b. 
The permittee shall be liable for any expense, damages, or costs in excess of deposited amounts or securities, and the city solicitor shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such excessive amounts.
c. 
The city shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition where the permittee does not comply with the requirements of this section and the cost thereof shall be charged against the general deposit.
Penalties for violation of this section shall be in accordance with section 3-12 of these revised general ordinances.
Prior ordinance history: Ordinance No. 965.
COMMERCIAL CONTRACTOR
Shall mean a person engaged in the business of making real estate improvements to any property that is not residential or noncommercial property and includes a corporation, partnership, association and any other form of business organization or entity, and its officers, representatives, agents and employees.
NONCOMMERCIAL PROPERTY
Shall mean multi-unit structure other than single or two family used in whole or in part as a place of residence, and all structures appurtenant thereto, and any portion of the lot or site on which the structure is situated which is devoted to the residential use of the structure.
REAL ESTATE IMPROVEMENT
Shall mean the remodeling, altering, renovating, repairing, resorting, modernizing, moving, demolishing, or otherwise improving or modifying of the whole or any part of any residential or noncommercial property. Real estate improvement shall also include insulation installation, and the conversion of existing commercial structures into residential or noncommercial property.
REAL ESTATE IMPROVEMENT CONTRACT
Shall mean an oral or written agreement for the performance of a real estate improvement between a contractor and an owner, tenant or lessee, of a residential or noncommercial property, and includes all agreements under which the contractor is to perform labor or render services for real estate improvements or furnish materials in connection therewith.
RESIDENTIAL CONTRACTOR
Shall mean a person engaged in the business of making or selling real estate improvements and includes a corporation, partnership, association and any other form of business organization or entity, and its officers, representatives, agents and employees.
All persons desiring to become registered commercial contractors in the city shall make application to the construction official, fill out the form provided by the construction official and return it with the license registration fee to the construction official. The construction official may from time to time establish dates and notify all applicants of the time and place when and where they may appear to take the examination. It shall be sufficient for any one member of a firm or corporation to make application, take the examination, be certified and be licensed. Only one registration fee and one annual renewal fee shall be required of any firm or corporation.
a. 
The construction official may adopt rules and regulations for the examination of applicants for licenses under this chapter and shall formulate the necessary questions for the application. The city clerk and construction official shall examine all applications to determine if such applicants qualify for a license under this chapter. The city clerk and construction official shall waive formal examination if the commercial contractor is duly licensed and in good standing as a residential contractor under the New Jersey Contractor's Registration Act (N.J.S.A. 56:8-136), provided that a copy of the license is provided to the construction official.
b. 
Each commercial contractor shall submit the following on forms provided by the city clerk:
1. 
Trade name and type of license applying for.
2. 
Owner/contractor name.
3. 
Address, office telephone number and home phone number.
4. 
Insurance name, address and policy number.
c. 
In addition to the information required in paragraph b above, the applicant shall include the following with the initial application:
1. 
Proof of the commercial contractor's commercial general liability insurance policy in a minimum amount of five hundred thousand ($500,000.00) dollars per occurrence that complies with the requirements of subsection 11-7.8; and
2. 
The licensing or renewal registration fee in the amount specified in subsection 11-7.6.
a. 
Every person who qualifies as determined by the city clerk and construction official shall be licensed by the construction official to engage in and carry on any business or trade set forth in subsection 11-7.6.
b. 
No person shall engage in any work as a residential contractor until he or she has registered with the New Jersey Department of Community Affairs, if such registration is mandated under the New Jersey Contractors' Registration Act (N.J.S.A. 56:8-136), or has been exempt from said registration by any one of the exceptions found in N.J.S.A. 56:8-140.
c. 
No person shall engage in any work as a commercial contractor until he or she has secured a license from the City of Wildwood under the requirements of this section.
d. 
No person who is exempt from registration under the New Jersey Contractors' Registration Act (N.J.S.A. 56-8-136) shall engage in any work as a residential contractor unless such person has secured a license from the City of Wildwood under the requirements of this section.
The construction official is authorized to issue licenses upon the delivery to him of the certification and payment of the license registration fee. The license shall entitle the holder to be designated as a registered contractor, and shall only apply to the person or firm to whom issued.
a. 
License shall run from January 1 to December 31 of each calendar year. Neither the license registration fee nor the annual renewal fee shall be prorated. For contractors, the license registration fee shall be two hundred fifty ($250.00) dollars and the annual renewal fee shall be one hundred fifty ($150.00) dollars. If a license is not renewed during the first three months of the year, prior to March 31, it shall be treated as a new license, however, it shall not be considered a grace period for obtaining such license and any contractor who performs work as a commercial contractor without such license shall be in violation of this chapter.
b. 
For the purpose of this chapter, contractors shall include but be not limited to the following contractors:
1. 
Air conditioning and refrigeration.
2. 
Awning installation.
3. 
Brick and block masons, concrete and cement.
4. 
Building.
5. 
Carpeting installation.
6. 
Carpentry.
7. 
Contractors not otherwise classified, i.e., jobbers.
8. 
Excavating, filing or cleaning of land.
9. 
Floor and wall finishing.
10. 
General.
11. 
House moving.
12. 
Iron and steel.
13. 
Landscape gardening and nursery.
14. 
Locksmiths.
15. 
Metal storm door and window installation.
16. 
Painting.
17. 
Pile driving.
18. 
Plastering.
19. 
Plate glass and glazing.
20. 
Roofing.
21. 
Sign design and erecting.
22. 
TV, Radio and Cellular antennas.
23. 
Tile setting.
24. 
Erection of a permanent or temporary tent.
a. 
If any person licensed in accordance with the provisions of this section shall violate any statute, ordinance or regulation in the execution of any work for which a permit is required by the applicant in the city, the construction official and/or the building subcode official shall revoke the license of such licensee immediately. The construction official and/or building subcode official shall not restore such license during such time as the violation exists or remains.
b. 
Any contractor whose license has been revoked under the provisions of this section may be relicensed by the construction official provided that the grounds upon which such license was revoked are removed or corrected, or upon payment of the prescribed fee. Notwithstanding anything contained herein to the contrary, any person or entity whose license has been revoked two times shall be prohibited from being relicensed by the City of Wildwood. This provision shall also apply to the individuals designated as being responsible for the conduct of the nonproprietorship licensee.
c. 
Any contractor whose license has been revoked shall have the right to a hearing before the city commissioners by giving notice in writing to the construction official within ten days after receipt of the notice of revocation.
No license shall be issued unless and until the applicant shall submit satisfactory evidence in writing that he is covered by liability insurance with a combined single limit of five hundred thousand ($500,000.00) dollars per occurrence.
No property may be boarded up except in accordance with the following standards:
a. 
The material utilized shall be cut to fit the size of the opening to be covered;
b. 
The covering material shall be set into all windows to be covered and affixed by screws or nuts and bolts. Nails may not be utilized;
c. 
The covering material shall be set into all doors to be covered and shall be affixed by screws, nuts and bolts or locks and hinges where required in order to provide access. Nails may not be utilized.
d. 
All material utilized shall be neatly cut and installed in a workmanlike manner. All such material must be painted in a color compatible with the color of the exterior of the structure;
e. 
The covering material must be kept graffiti free at all times;
f. 
In lieu of the covering of windows and doors pursuant to the foregoing standards, a pull-down metal mesh security door covering the entire wall of the building may be utilized.
Any person, partnership, firm or corporation who violates any section of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
The board of commissioners, the governing body of the City of Wildwood deems it to be in the best interest of the City of Wildwood to adopt a requirement compelling applicants seeking to erect structures in the City of Wildwood to post performance and maintenance sureties in order to guarantee performance in conjunction with construction projects; and
It is in the public interest to insure that such applicants clean and maintain the area surrounding such projects in order to avoid the deposit of debris and construction materials from the public rights-of-way and roadways.
Before any permit is issued the following sureties are to be posted with the Planning Board of the City of Wildwood:
a. 
Performance Surety. A performance surety in a sum based upon an engineer's estimate prepared by the applicant and approved as to quantities and costs by the city engineer shall be posted by the permanent applicant. Public utility company guaranties may service as performance bonds, including corporate bonds, provided that they are issued in an amount approved by the city engineer shall be posted.
b. 
Maintenance Surety. In addition to the posting of a performance surety and as a condition to the release of the same, the permittee shall post a maintenance surety. The sum of such surety shall be ten percent of the approved engineer's estimate. Public utility companies that post a performance surety will not be required to post a separate maintenance surety. The applicant shall be responsible for the maintenance and repairs required at the site for a period of one year following completion of construction as further set forth below.
Any person who shall violate any provision of this chapter shall be subject to a fine of not more than one thousand ($1,000.00) dollars for each offense. Each day's continuance of such violation shall constitute a separate offense.
Inspection fees for openings less than 15 square yards shall be one hundred fifty ($150.00) dollars. Inspection fees for all openings greater than 15 square yards shall be estimated by the city engineer based upon estimated filed inspection expenses and review of application. Such fees shall be payable to the city clerk and placed in escrow. Unexpended fees shall be returned to the applicant upon the expiration of the maintenance surety period.
An engineer's fee of seventy-five ($75.00) dollars to be held in escrow by the city and paid to the city engineer upon submission of a voucher. Said fee shall cover the city engineer's review of the application.
Contractors and property developers shall comply with the following maintenance requirements pending completion of the construction project as follows:
a. 
The perimeter of the site, with the exception of the entrance way, shall be surrounded by a four-foot high orange snow fence.
b. 
A silt fence, similar to the fence described in paragraph a above, shall be erected within the area enclosed by the snow fence. It shall also surround the perimeter of the property with the exception of the entrance area.
c. 
A metal dumpster or a trash box, at least eight by eight feet in size, shall be placed on site for debris. Said container or trash box shall be cleaned on a daily basis and covered at the conclusion of the work day.
d. 
All sidewalks and streets in the immediate vicinity of the project shall be left in broom-cleaned condition on a daily basis at the conclusion of the work day.
e. 
No construction material shall be placed in or upon the streets or sidewalk area surrounding the project.
f. 
One sign, having dimensions of approximately one foot by one foot shall be prominently placed upon the site advising of the name of the individual responsible for the project, his address and telephone number. The name shall be that of a natural person, not a corporation, partnership, or limited liability company.
g. 
All grass and weeds on the property shall be cut on a regular basis and the property site shall be maintained free of debris.
h. 
The project developer shall exercise due care to prevent dirt or debris from the project's site from entering into street catch basins.
i. 
Sidewalks and curbs shall be maintained in a safe and passable manner.
All applicants and/or their contractors shall remove all equipment, materials and any or all other construction-related debris from the site of the excavation. Any damage to private property, such as but not limited to fences, lawns, driveways, parking area, curbing, landscaping and sidewalks, shall be repaired to a condition equal to or better than the condition prior to the street opening. All depressions, whether on public or private property, occurring during or because of the street opening shall be repaired. All obstructions in watercourses and drainage systems shall be removed from construction of the utility opening. If a complaint is received by the city regarding damage to private property, the damage shall be repaired by the contractor to the satisfaction of the city. The performance and maintenance surety provided for in subsection 11-9.2a above shall also apply to damage to private property as a result of the applicant's excavation.
The applicant shall indicate on the application filed to procure the construction permit the date when final restoration will be completed for the approval of the city engineer. If the applicant fails to complete restoration by the date approved by the city engineer, the applicant may either be required to file a new application, paying all fees, or the applicant's bondsman may be required to complete restoration work. Final restoration shall be completed within 30 days from the date of opening when hot-mix bituminous concrete is available.
The City of Wildwood reserves the right, if it is deemed by a majority of the board of commissioners, to terminate this section with or without cause provided, however, that such termination must occur by ordinance in full compliance with New Jersey statutes.
As to any residential property that is identified in the litigation entitled The Joint Construction Office of the Wildwoods v. 309-313 Condominium Association, et al, bearing Superior Court of New Jersey, Cape May County Law Division Docket #CPM-L-95-06 as having a New Jersey Construction Code Violation, any person who shall file an application with either the City of Wildwood Planning Board or with the City of Wildwood Zoning Board of Adjustment, the sole object and sole purpose of which is to obtain amended final site plan approval and/or a zoning variance cognizable under N.J.S.A. 40:55D-70, so as to abate the New Jersey Construction Code violation that were identified in the aforementioned litigation as existing upon the subject property, shall be exempt from the payment of all application fees and escrow fees that are set forth in the Code of the City of Wildwood, and which otherwise would be applicable to the subject application. In the event that an application is submitted to either land use board that seeks approval for anything other than remediation of a construction code violation as identified in the aforementioned litigation then nothing in this paragraph shall be interpreted as an exemption from fees for such application.
The purpose of this section is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the City of Wildwood and/or the waters of the state so as to protect the public health, safety and welfare, and to prescribe penalties for the failure to comply.
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 section clearly demonstrates a different meaning. When not inconsistent 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of 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 City of Wildwood or other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, 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
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
REFUSE CONTAINER
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the City of Wildwood.
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or other bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
This section shall be enforced by the Zoning Officer of the City of Wildwood.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed two hundred fifty ($250.00) dollars.
The purpose of this section is to require 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 City of Wildwood so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
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 section clearly demonstrates a different meaning. When not inconsistent 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of 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 City of Wildwood or other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, 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
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
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 either:
a. 
Already meets in the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 11-12.4 below prior to the completion of the project.
Storm drain inlets identified in subsection 11-12.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph c below.
a. 
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:
1. 
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
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches 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.
b. 
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 seven square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
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;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured 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:
(a) 
A rectangular space four and five eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
4. 
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.
This section shall be enforced by the Zoning Officer of the City of Wildwood.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars for each storm drain inlet that is not retrofitted to meet the design standard.