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.
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.
[Amended 2-10-2016 by Ord. No. 1043-16; 4-27-2022 by Ord. No. 1227-22]
[Amended 4-27-2022 by Ord. No. 1227-22]
It is the purpose and intent of this section to establish uniform
regulations for the construction, reconstruction, or repair of existing
or new bulkheads and to require the elevation of all bulkheads within
the City of Wildwood to further the policy of the City to mitigate
storm and tidal flooding and to promote the health, safety or welfare
of the residents of the City and protect persons and public and private
property within the City.
[Amended 4-27-2022 by Ord. No. 1227-22]
a.
This section applies to all existing bulkheads in the City as well
as all bulkheads that are newly constructed, reconstructed, replaced,
renovated and repaired shall be done in accordance with the requirements
of this section.
b.
Bay-front bulkhead. Any property owner that demolishes an existing building or proposes to make a "substantial improvement", that requires compliance with Chapter 27 Flood Damage Prevention, shall be required to bring the existing bay-front bulkhead into compliance with this Chapter notwithstanding the time periods set forth in Subsection 11.4-10, Existing Nonconforming Bulkhead Compliance below. "Substantial improvement" shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred damage regardless of the actual repair work performed.
[Amended 4-27-2022 by Ord. No. 1227-22]
a.
Permit required. No person or legal entity shall construct, reconstruct,
renovate or repair any bulkhead within the City without first obtaining
and having in possession a valid permit to do such work that has been
issued by the office of the Land Use Official, upon approval of the
City Engineer.
b.
Permit Application.
1.
Applications for bulkhead permits shall be made on an application
form obtained from the Land Use Official. Completed applications shall
be returned to the Land Use Official with the required fee along with
two copies of the following items:
(a)
Plans and specifications of the bulkhead that have been prepared,
signed and sealed by a New Jersey licensed professional engineer.
(b)
A property survey, prepared, signed and sealed by a New Jersey
licensed professional land surveyor.
(c)
Authorization for the New Jersey Department of Environmental
Protection and any other state or federal agency having jurisdiction
over the property affected by the proposed work.
(d)
Proof of notice of application to adjoining property owners.
2.
The City Engineer may relax or waive any or all of the requirements
that are set forth above within the application for a permit that
pertains to reconstruction, renovation or repair work for which the
cost of completion is less than $10,000; however, in relaxing or waiving
any such requirements, the City Engineer shall have the authority
to require the submission of such plans, drawings and contract documents
as the Engineer, in his sole and absolute discretion, determines will
accurately depict the reconstruction, renovations or repair work to
be performed.
3.
The City Engineer shall review the application and plans and grant
or deny the application within 20 business days upon receipt of a
complete application.
c.
Notice of application.
1.
Notice of application for a bulkhead permit, the form of which is
to be obtained from the Land Use Official, shall be given by the applicant
to the owners of all real property, as shown on the current tax duplicate,
within 100 feet; provided that this requirement shall be deemed satisfied
by notice to the condominium association. Notice shall be given by
mailing a copy thereof by regular, first class mail and by certified
mail to the property owner at his address as shown on the said current
tax duplicate. Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association because of its ownership of
common elements or areas located within 100 feet of the property which
is the subject of the bulkhead application may be made in the same
manner as to a corporation without further notice to unit owners,
co-owners or homeowners on account of such common elements or areas.
2.
Upon written request of an applicant, the Tax Assessor, within seven
days, shall make and certify a list from said current tax duplicate
of names and addresses of owners to whom the applicant is required
to give notice pursuant to this section. A sum of $25 may be charged
for preparation of such list.
d.
Permit issuance. Upon receipt by the Land Use Official of an application
for a bulkhead permit, the Land Use Official immediately shall transmit
copies of the application and all accompanying documents to the City
Engineer for review. No permit shall be issued by the Land Use Official
unless the permit is approved for issuance by the City Engineer. In
the event that, upon review of the permit application, deficiencies
are noted by the City Engineer, the City Engineer shall provide written
notice, by certified mail, of the deficiencies to the applicant at
the address set forth on the application and the applicant then shall
be afforded the opportunity to correct any application deficiencies.
e.
Permit fee. The nonrefundable permit fee shall be calculated in the
following manner: for new construction, renovation, reconstruction
and repairs: $350 for the first 60 feet of bulkhead to be constructed,
and thereafter, $10 per foot or any portion thereof.
f.
Review and Inspection Fee. The inspection and review fee shall be
$650 for any bulkhead up to 60 linear feet, and thereafter, $10 per
foot or any portion thereof.
1.
The review and inspection fees recited above is a minimum which must
accompany the application. An application shall not be deemed complete
until the review and inspection fee required has been paid.
2.
The review and inspection fee shall be made payable to the City of
Wildwood.
3.
If the initial review and inspection fee submitted by the applicant
becomes insufficient due to excessive review of deficient plans or
the number of required inspections increases due to deficient construction
methods, then additional funds shall be required to be submitted by
the applicant. The amount of additional funds needed shall be determined
by the City Engineer. Additional funds required by the City Engineer
shall be applied to professional costs charged to the City by the
City Engineer for services.
4.
If the applicant has failed to pay any amounts due or has begun work
prior to the issuance of a permit, the City may stop construction
until such amounts are paid. No construction permit or certificate
of occupancy may be issued if such amounts are due and payable. In
addition, all fees which are due and owing shall become a lien on
the premises, with respect to which said charges are required, and
shall remain so until paid. Said overdue charges shall accrue the
same interest from time to time as taxes upon real estate in the City.
The City shall have the same remedies for the collection thereof with
interest, costs, and penalties as it has by law for the collection
of taxes upon real estate.
5.
The applicant shall agree to pay all reasonable costs associated
with City shall agree in writing to pay all reasonable costs for professional
review and processing of the application and for inspection of the
improvements beyond the initial application charge.
g.
Appeal of permit denial. Any applicant aggrieved by the denial of
a bulkhead permit may appeal the permit denial by submitting to the
City Clerk written correspondence appealing the permit denial. Such
written appeal correspondence shall describe the reason for the appeal.
Such written appeal correspondence shall be submitted to the City
Clerk within 20 days of the permit denial. Upon receipt of the appeal
correspondence, the City Clerk shall transmit to the City Administrator
copies of the permit application, all attachments thereto and any
copies of any documents that have been generated by the City Engineer
in connection with review of the permit application. Thereafter, upon
direction by the City Administrator, the City Clerk shall schedule
a date for the hearing of the appeal with a Hearing Officer, and notice
of the hearing date shall be provided to the permit applicant. In
all instances the City Clerk shall endeavor to schedule the appeal
hearing date not later than 30 days after receipt of the appeal correspondence.
The hearing of the appeal shall be conducted by the Hearing Officer.
The applicant shall be permitted to produce evidence to the Hearing
Officer in support of the permit application. The Hearing Officer
may consider evidence presented by the City Engineer or any other
individual that the Hearing Officer deems to have relevant information.
The decision of the Hearing Officer to approve or deny the permit
application shall be through adoption of a formal resolution.
[Amended 4-27-2022 by Ord. No. 1227-22]
a.
The permittee shall provide to the City Engineer and to the City
Construction Official notice of commencement of construction not less
than two business days in advance of said commencement of construction.
Not less than 10 days in advance of commencement of construction,
the permittee shall provide notice of commencement of construction,
on a form to be obtained from the Construction Official, to all property
owners to whom the permittee would be required to provide notice of
bulkhead permit application if the permittee were, at the time, making
application for a bulkhead permit. Such notice shall be given in the
same manner as is required for notices of permit application.
b.
The City Engineer shall inspect the materials delivered to the job
site and verify that they are in conformance with the permit issued
for that work, in size, quantity and quality. If such materials do
not conform to permit requirements, they shall be marked as "rejected"
and removed from the job site by the permittee and shall not be incorporated
into the bulkhead construction.
c.
Prior to backfilling, the City Engineer shall make periodic visits
to the job site (up to 3) to verify that the work is proceeding in
accordance with permit requirements.
d.
Prior to final acceptance, the applicant shall provide an as-bult
plans prepared by a New Jersey Licensed Professional Land Surveyor
to demonstrate compliance with the approved plan including but not
limited to the minimum bulkhead height.
[Amended 4-27-2022 by Ord. No. 1227-22]
Prior to the backfilling of any bulkhead construction, reconstruction,
renovation or repair, the City Engineer shall perform an inspection
to ascertain that the bulkhead has been constructed pursuant to the
plans that were submitted with the permit application. Written notice
of project completion shall be given to the City Engineer and to the
Construction Official within seven business days of substantial completion
of the project, but prior to backfilling, and that written notification
shall be accompanied by a certification from a licensed engineer or
land surveyor of the elevations of the completed bulkhead height.
If the City Engineer determines that the work that was performed pursuant
to the bulkhead permit and the subject bulkhead fail to comply with
the plans, drawings or documents that were submitted with the permit
application or fail to comply with the provisions of this section,
then written notice of final inspection failure shall be transmitted
by the City Engineer by regular first class mail to the permittee
at the address set forth on the permit application. The notice of
final inspection failure shall detail the reasons for inspection failure.
Permittees shall correct all deficiencies that resulted in final inspection
failure within 20 days of the date of the written notice of final
inspection failure. If, upon the expiration of those 20 days, the
bulkhead is not approved upon inspection by the City Engineer then
the permittee is deemed to be in violation of the duty to maintain
and repair the subject bulkhead as established by this section.
[Amended 4-27-2022 by Ord. No. 1227-22]
All bulkheads constructed, reconstructed renovated or repaired
within the City shall conform to the following minimum specifications:
a.
All new bulkheads shall be designed by a New Jersey licensed professional
engineer.
b.
All piles shall have a butt diameter of not less than 12 inches and
a tip diameter of not less than eight inches.
c.
All piles will be Douglas Fir or Southern Yellow Pine and shall be
treated with an acceptable preservative for marine construction according
to the latest American Wood Preservers' Association (A.W.P.A.)
specifications.
d.
All new sheet piles shall be vinyl unless approved by the City Engineer.
Wales shall be Douglas Fir or Southern Yellow Pine. Wood sheet piles
shall be a minimum of two inches thick. Wood sheet piles shall be
constructed in two rows with staggered joints. All timber materials
shall be treated with an acceptable preservative designed for use
in a salt-water environment.
e.
All components of the bulkhead system up to the minimum required
elevation shall be constructed to be watertight. Watertight may include
backfilling up against the landward side of the bulkhead, water stop
sealants for steel and PVC sheet piles, continuous and solid landward
capping and any other methods approved by the City Engineer.
f.
All bulkhead construction, reconstruction, renovation or repair shall
be constructed to the property line and shall tie in with bulkheading
on the adjoining property and said tie in shall be made watertight.
Where no adjoining bulkhead exists, the bulkhead shall be constructed
in such manner that it can be tied in with any future adjoining bulkhead.
g.
All hardware shall be hot-dipped galvanized steel or stainless steel
in accordance with latest standards for salt-water applications.
h.
All outfall piping shall be fitted with a tide-control device that
is approved by the City Engineer.
i.
The means and methods for outfall piping extensions that are required
to accommodate the new bulkhead shall be approved by the City Engineer.
j.
Bulkhead construction, reconstruction, renovation or repair shall
not adversely affect adjoining property.
k.
All old, deteriorated sections of bulkhead shall be completely removed
or cut off a minimum of four inches below the mudline.
l.
All existing utilities shall be protected from damage during any
work performed pursuant to a bulkhead permit. The bulkhead permittee
shall be responsible for obtaining current "utility markout" from
all appropriate state and local agencies prior to commencement of
work.
m.
Deviations from construction materials set forth herein are allowed
so long as all specifications and technical data concerning the proposed
construction material are submitted to the City and are approved in
writing by the City Engineer prior to installation. The use of any
construction material that is not specifically set forth above or
approved by the City Engineer is strictly prohibited.
n.
All design materials herein shall be subject to the requirements
of the NJDEP and USACOE.
[Amended 4-27-2022 by Ord. No. 1227-22]
a.
All bulkheads shall be constructed to tie into existing bulkheads
on either or both sides, if any exist, or shall be constructed with
returns (at 90° to the main bulkhead) into the protected property,
to prevent flanking of the main bulkhead. If the requirements of the
New Jersey Department of Environmental Protection do not permit either
of these alternatives, then the Department's determination shall
govern.
b.
If the bulkhead is constructed of interlocking vinyl sheet piles
and the adjacent bulkheads are also interlocking vinyl sheet piles,
then every effort shall be made to connect both bulkheads thru their
respective interlocking joints so as to provide a continuous connection.
c.
A construction detail illustrating the proposed connection method
shall be provided on the plans and shall be subject to the approval
by the City Engineer.
[Amended 4-27-2022 by Ord. No. 1227-22]
a.
Bay-front bulkhead. The top elevation of any new bay-front bulkhead
to be constructed or reconstructed shall be set at a minimum elevation
of 8.00 NAVD 1988.
b.
Ocean-front bulkhead. The top elevation of any ocean-front bulkhead
to be constructed or reconstructed shall be set at a minimum elevation
of 13.00 NAVD 1988 unless otherwise required by the New Jersey Department
of Environmental Protection.
[Amended 4-27-2022 by Ord. No. 1227-22]
All bulkheads within the City shall be maintained in such a
condition so that they shall pose no danger to the health, safety
or welfare of the residents of the City or to public or private property
within the City. Bulkheads shall be kept in a state of repair so as
to prevent erosion or damage to abutting, adjacent or adjoining properties.
Whenever a bulkhead has deteriorated or suffered damage to such a
degree that a danger to the property or adjoining properties is present,
the City Engineer, Construction Official, Zoning Official or Code
Enforcement Officer shall notify the property owner, in writing, by
certified mail to the address that is set forth on the City's
tax records, of the nature of the deterioration or damage and require
the owner to make the necessary repairs. When notified by the City
of a deteriorated bulkhead, a property owner shall submit a plan of
corrective action to the City no later than 30 days from the receipt
of this notice. Upon approval of the plan of corrective action by
the City Engineer, the property owner shall complete all necessary
repairs within 120 days. If permits are required from state or federal
government agencies, such permits shall be immediately applied for
upon receipt of City approval. Upon issuance of the bulkhead permit
and approval of the plan of corrective action, the property owner
immediately shall complete all necessary repairs. In the event that
the property owner fails to submit a corrective action plan, fails
to obtain a bulkhead permit to implement the corrective action plan
or fails to implement the corrective action plan, the property owner
shall be subject to the penalties set forth herein.
[Amended 4-27-2022 by Ord. No. 1227-22]
In addition to the above, in the event that the property owner
fails to submit a corrective action plan, fails to obtain a bulkhead
permit to implement the corrective action plan or fails to implement
the corrective action plan, the City of Wildwood may implement a corrective
action plan upon approval of a corrective action plan that has been
prepared by the City Engineer or Special Projects Engineer. Such approval
of a corrective action plan to be undertaken by the City shall be
evidenced by a resolution of approval duly adopted by the Board of
Commissioners at any regular or special meeting of the Board of Commissioners.
Upon adoption of such a resolution, a copy thereof shall be served
by the City Clerk upon the affected property owner by certified mail
to the address that is set forth on the City's tax records. Upon
implementation of a corrective action plan by the City, the sum total
of all costs incurred by the City in implementing the correction action
plan shall be a lien upon the subject property and shall be added
to and form a part of the taxes and municipal charges to be assessed
and levied upon the subject property and that sum total amount shall
bear the same rate of interest as unpaid municipal taxes and shall
be enforced in the same manner. The costs of implementing the corrective
action plan include, by way of example and not by way of limitation,
the engineering costs incurred for preparation of the corrective action
plan, preparation of bidding documents pursuant to the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq., publication costs incurred
in connection with any contract subject to the bidding and publication
requirements of the Local Public Contracts Law, legal expenses incurred
in connection with the review of contract bids, construction permit
fees, inspection fees and costs and all sums of money paid to contractors.
[Amended 4-27-2022 by Ord. No. 1227-22]
a.
All existing nonconforming bay-front bulkheads will be required to be structurally extended, replaced, repaired or reconstructed pursuant to the procedure set forth above in Subsection 11-4.8, Maintenance: duty to repair, subject to the time requirements set forth in the below paragraphs. The elevation survey prepared for the City by the City Engineer, as may be amended, shall be utilized to determine the bulkhead heights of all existing bulkheads in the City and to establish the compliance of all existing nonconforming bulkheads with this Chapter.
b.
All bay-front bulkheads below elevation 6.0 feet NAVD88 pose a significant
threat to the flood frequency of the City and will be required to
be structurally extended to elevation 6.0 NAVD 1988, where possible,
no later than January 2030.
d.
All bay-front lots with a ground elevation below 6.0 feet NAVD88
without bulkheading or other shore protection measure as shown on
the survey prepared by the City Engineer shall install a bulkhead
or other shore protection measure that has been approved by the New
Jersey Department of Environmental Protection no later than January
2030.
e.
All other existing nonconforming bay-front bulkheads within the City
shall be structurally extended, replaced, repaired or reconstructed
to a minimum elevation of 8.00 NAVD 1988, where possible, no later
than January 2040.
f.
All compliance mandates codified in this section 11-4.10 of Ordinance #1227-22 shall remain in effect as written, unless the City of Wildwood itself is not already in compliance with the height and structural requirements herein this Ordinance for all bayside public properties which are the responsibility of the City of Wildwood.
g.
If the City of Wildwood is not already in compliance with any of
the mandates referenced in this section, according to the deadline(s)
herein, a recurring one-year extension shall be imposed until all
public lands of the City of Wildwood subject to this section meet
the requirements herein.
[Amended 4-27-2022 by Ord. No. 1227-22]
Any person violating any provision of this section, upon conviction
thereof, shall be punished by a fine not exceeding $2,000 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.
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.
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.
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.
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.
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.
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.
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.
c.
In addition to the information required in paragraph b above, the
applicant shall include the following with the initial application:
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.
g.
No commercial
property shall be boarded up between May 1 and October 30 of any calendar
year. During those months all exterior surfaces, including widows,
window frames, doors and door frames, must be in good condition. For
purposes of this section, housing and multifamily housing shall be
considered residential property.
[Added 4-13-2016 by Ord. No. 1052-16]
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
Shall mean any waste container that a person controls whether
owned, leased, or operated, including dumpsters, trash cans, garbage
pails, and plastic trash bags.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
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.
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:
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:
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.
