City of Wildwood, NJ
Cape May County
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Table of Contents
Table of Contents
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
As used in this section, the following words and terms shall have the following meanings unless an alternate meaning clearly is discernable from the context in which the word or term is used.
APPLICANT
The owner, contractor, developer, public or private entity, agency or utility applying for a permit and to whom a permit is issued.
CONTRACTOR
Any individual, firm, agency, public or private entity, agency or utility performing the work for which the permit is issued.
DIRECTOR
The Construction Official and/or Superintendent of Public Works.
EMERGENCY
The unforeseen and unintentional need to open a street surface for the repair of an existing underground utility.
STREET
Any road, highway, public way or public alley accepted and maintained by the City of Wildwood as a public street, as well as any state or county road over which the City has acquired jurisdiction by agreement, as well as any other easement or right-of-way over which the City has acquired jurisdiction without regard to whether or not said easement or right-of-way has been improved and maintained.
STREET OPENING
Includes removing, digging in, disturbing, excavation or taking up any surface, pavement or road in any road or street, from curbline to curbline.
UNIMPROVED ROAD
Any cinder, dirt or gravel road without oil treatment and all other roads under the jurisdiction of the City.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
No person shall make an excavation, tunnel, dig, open or in any manner disturb or interfere with any street within the City of Wildwood for any purpose whatsoever without first obtaining and being in possession of a valid permit to do such work issued from the office of the City Clerk.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
An application to open, excavate, disturb, tunnel or dig between the curblines, pavement edges, park strip, or in any driveway area shall be made to the Construction Official and shall be made on the required form and contain the following information:
1. 
The applicant's name, address, telephone number (both local and out-of-town, if applicable), e-mail address and emergency contact number of different than telephone number above.
2. 
The name, address, telephone number, emergency contact number of the firm or individual who will be completing the work.
3. 
Name of the street where the opening is to be made and the street address, if any, of abutting properties.
4. 
The City of Wildwood Tax Map block and lot number of the property for the benefit of which the opening is to be made.
5. 
Nature of the surface in which the opening is to be made.
6. 
Character and purpose of the work proposed.
7. 
The length and width of the excavation.
8. 
Time when the work is to be commenced and completed.
9. 
Such additional or other information deemed necessary by the Construction Official.
b. 
Each application shall be accompanied by a set of plans (one hard copy and one copy in electronic form) showing the exact location and dimensions of all openings.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
Fees must be paid when an application for a permit is made as follows:
Single Family/Duplex
Triplex/Commercial
Utility/Other
Application Fee
$250
$250
$250
Review Fee
$200
$250
$250
Inspection Fee/Escrow
$250
To Be Determined by City Engineer
To Be Determined by City Engineer
Final Restoration Fee
$500
To Be Determined by City Engineer
To Be Determined by City Engineer
b. 
Those application and review fees as designated for all properties, shall be non-refundable, as well as the inspection fee and final restoration fee for Single Family Homes and Duplex shall be non-refundable. The inspection escrow and final restoration fee for Triplex and Commercial Properties, as well as for utilities and other repairs, shall be determined by City Engineer.
c. 
All applicants shall be charged an additional fee equal to the product of the area of the excavation multiplied by the appropriate current bid rate per square foot of surface, which current bid rates shall be annually obtained by the City from independent contractors, plus an inspection escrow to be calculated by the City Engineer to cover the City's inspection and engineering fees and costs associated with completion of the required final restoration work. In computing the area of excavation for streets a one-foot-wide strip along all sides of the neat street opening shall be included.
d. 
Utility companies shall be permitted to post one general escrow account in an amount to be determined by the Director based upon the application(s) submitted and the scope of work to be performed and/or an amount estimated and projected to be completed within one calendar year. The general escrow account shall have a minimum balance maintained at all times, which balance shall not be less than 25% of the initial escrow amount required to be posted. Invoices to be paid from the general escrow account must have a filed application for each street opening prior to payment being issued by the Chief Financial Officer of the City of Wildwood.
e. 
An additional fee of $1,000 will be assessed for all street openings and/or excavations located within the asphalt pavement on any street within the five-year moratorium.
f. 
If the costs borne by the City for any application exceed initial escrow estimate, applicant shall be required to reimburse City for any additional costs.
g. 
Notwithstanding the foregoing, by resolution of the Board of Commissioners, permit fees, or a portion thereof, may be reduced as to any utility company proposing to complete improvements to pipes, conduits, ducts or other facilities and infrastructure used for the purpose of supplying gas, electricity, communications, water, sewer or steam to or from the City and its inhabitants under the surface of any street that, within 12 months, is scheduled for complete reconstruction by the City. However, a waiver of permit fees under this subsection if granted, shall not exempt the utility company from complying with the other provisions of this section and chapter.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
The Director may order the measurement of any section and then demand increased permit fees to be made by the applicant if the original permit fees were for a lesser area than actually opened.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Permits shall be issued by the Construction Official in accordance with the provisions of this section and the regulations which the Director may establish, upon receipt of a complete application including payment of all fees. The permit is valid for a ninety-day period from the date of issuance, however, the Construction Official, in his or her sole and absolute discretion, may grant an extension of the aforementioned period due to extenuating circumstances. The permit shall further specify that all work shall be completed and restored within 48 hours after work is commenced or within duration of time which the Director determines to be reasonable and fair. The applicant shall notify the Director 48 hours in advance of commencing any work so that appropriate inspections can be scheduled and completed where required. There shall be a moratorium on all street openings and excavations between June 15th and September 15th unless the Director authorizes such work due to what the Director, in his or her sole and absolute discretion, deems and emergency. If the period of permit validity falls between those dates, the Director shall delay the effective date of the permit to such a date so that the period of permit validity would fall outside those dates unless extension of time has been granted by the Director in writing.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
No permit shall be issued for any street opening or excavation which would disturb the pavement of any road having been constructed, reconstructed, resurfaced, repaved or overlaid until a period of five years after the completion of said construction, reconstruction, resurfacing, repaving or overlay has lapsed, except in the event of an emergency or hardship as described below. It is understood the five-year period as described herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed, resurfaced, repaved or overlaid and run five years thereafter.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Prior to any street within the City being reconstructed, improved, repaved, or overlaid in accordance with a scheduled project approved by the Board of Commissioners, the City Engineer shall distribute notice to all property owners abutting the street and to all public utilities and authorities operating in the City that the street is scheduled for improvement, and that, upon completion of the reconstruction, improving, repaving or overlaying, the five-year street opening moratorium will be in effect as aforesaid. Said notice shall declare that all connections and repairs to existing utilities in the street and all extensions, replacements or other such work, including the installation of sewer laterals and other utility connections from sewer, gas or water mains to the curbline of unimproved lots, which require excavation and disturbance of the street shall be completed within 30 days of receipt of notice. The time for the completion of the work may be extended by the Director, upon application by the person performing the work. This section shall not excuse any person, firm or entity from the requirement to obtain a permit as provided herein, except that there will be no requirement of posting a performance guarantee for the street restoration and no fee for surface restoration.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Notice as required by Subsection 15.1.8 shall be served by regular first-class mail upon the required property owners, as those owners are identified in the current tax records of the City, at the address to which tax bills are mailed as those addresses appear in the current tax records of the City. In the event that a tax bill is mailed to a mortgagee, then the notice shall be mailed to the address where the duplicate, informational tax bill is sent as that address appears in the current tax records of the City. When real estate is held by joint tenants, tenants in common, tenants by the entirety or by a corporation, service upon any one tenant, or upon an officer, director, or stockholder in the case of corporation, shall be effective service. In the case of a public utility or authority operating in the City, notice shall be served upon the person in charge of the office of the public utility or authority, providing that the public utility or authority maintains an office within the City; and if the public utility or authority does not maintain an office within the City, then service shall be made by mailing the notice to the public utility or authority at the office which it maintains for the purpose of conducting business within the City. If the owner is unknown and if for any reason service cannot be made in the manner provided hereinabove, the notice shall be published in a newspaper circulating in the City at least once, which publication will provide that the necessary work as specified in Subsection 15-1.8 above shall be completed within 30 days from the date of publication. Notices to the owners of several different parcels of real estate may be inserted in the same publication.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Where the property owner, after being served with notice, fails to make the required repairs, connections or installations, as provided by Subsection 15-1.8 or as notified by the Director, may cause the improvements to be made by or under the supervision of the appropriate municipal officer or may award a contract for the making of the repairs or improvements. The officer of the City in charge of the improvements shall keep an accurate account of the costs. The Director shall examine the report and, if properly made, confirm it and file it with the officer charged with the collection of assessments who shall record it in the book in which other assessments of the City are recorded. Before confirming the report, the Director shall give notice to the owner of the property of the time and place fixed for the examination of the report. The notice shall be served in the manner provided in Subsection 15-1.9, but failure to give notice shall not invalidate any assessment.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
No person to whom notice was given, as provided in Subsections 15-1.8 and 15-1.9 shall be issued a permit to excavate the street to which the notice related unless its issuance is approved by the Board of Commissioners.
b. 
The subsection immediately preceding shall not apply to any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given or where the public health or safety requires the performance of the work in question.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
In emergency situations during normal business hours, the applicant shall notify the Director and the Police Department of the emergency prior to the opening of the street. Application must be made as soon as possible thereafter with the payment of the required fees. During nonbusiness hours, weekends and holidays, the applicant shall notify the Police Department of the emergency prior to excavating the street. On the next business day, the applicant shall make application for the emergency street opening, explaining the reason for the emergency, and pay the appropriate fees.
b. 
In the event that an entity shall be required to open a street as a result of an emergency, said emergency opening shall be reviewed by the Director and if the Director shall determine that no such emergency existed, then the entity so opening the street shall have a fine imposed upon such entity in the amount of $2,500 for the first nonemergency opening, a $5,000 fine for a second nonemergency opening, and a $10,000 fine for a third nonemergency opening.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
In the event a property owner experiences a hardship condition which requires a street opening permit to be issued contrary to the subsections contained in this section, the Board of Commissioners, by way of resolution, may grant relief if and only if the following conditions are satisfied:
a. 
The property owner shall submit a letter to the City Clerk detailing the hardship necessity to open the street in lieu of waiting the prescribed period of time.
b. 
Upon receipt of the letter, a public meeting date will be set for the Board of Commissioners to review the situation and justification presented for formal action.
c. 
The letter detailing the pertinent information necessary to review the request, such as property street address, block and lot, reason for the request, and type and size of street opening proposed.
d. 
The City shall consider the request at a public meeting and review all objections, if any. Approval or denial of the request shall be through formal adoption of a resolution.
e. 
If the Board of Commissioners grants a moratorium waiver request authorizing excavation of a roadway under moratorium necessitated by utility main improvements, final restoration will require a minimum of full cartway width extending intersection to intersection. The applicant will be required to mill the existing roadway to a depth of two inches extending from intersection to intersection for the full width of the roadway (curbline to curbline) and install a two-inch thick lift of bituminous concrete surface course, Mix I-5, for the entire length. All edges shall be coated with an asphalt tack coat prior to a two-inch lift of bituminous concrete surface course being placed on the roadway.
f. 
Authorized street excavations for utility main improvements on any roadway deemed to be in good condition, as determined by the Director, may require resurfacing the entire roadway as described in this section and as directed by the Director.
g. 
Infrared repair may be authorized by the Director, in his or her sole and absolute discretion. If an infrared repair is deemed unsatisfactory by the Director, the power owner shall be required to comply with paragraph e. above.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
A full width curb-to-curb restoration will be required on all streets constructed, reconstructed, resurfaced, repaved or overlaid by the City within the previous five years of an opening necessitated by emergency or moratorium waiver opening. The restoration shall consist of six-inch thick dense graded aggregate base course and a six-inch thick bituminous stabilized base course, Mix I-2, or equivalent as determined by the Director, brought flush with existing grade, within the excavated area. A full width, curb-to-curb, milling two inches in depth to extend 10 feet beyond the limit of excavations shall be performed after proper settlement in the trench area. The allowable time for trench settlement shall be 45 days unless directed otherwise by the Director. The final surface course shall be a two-inch thick bituminous concrete surface course, Mix I-5, or equivalent as determined by the Director.
b. 
Trench restoration may be permitted under extraordinary circumstances and at the sole discretion of the City of Wildwood and the Director for openings having minimum impact on the integrity, longevity and serviceability of the street in question.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Within the time period allotted, the permit holder shall replace the earth and pavement in the excavation in such manner that the same shall be left in the same condition as it was prior to the excavation commenced. In general, the excavation, refilling and restoration of any street shall be in accordance with the New Jersey Department of Transportation, Standard Specifications for Road and Bridge Construction, as amended, hereinafter called NJDOT Standard Specifications, except as further modified herein:
a. 
Trenches shall be backfilled in layers not to exceed six inches and a vibratory tamper must be used; 95% compaction is required. Puddling of backfill is not permissible. The applicant shall remove all excavated material from the site and provide new, compactable material, approved by the City Engineer, as necessary should there be a deficiency. The City Engineer shall be present during backfilling.
b. 
Roadways with a concrete base or soil-cement base course shall be restored using a combination of concrete and asphalt approved and determined by the City Engineer. After backfilling in accordance with the requirements of this article and immediately before repaving, the applicant shall remove the pavement and base course for a distance of one foot all around the neat area of the excavation and shall replace the base course and wearing surface with Class B concrete and bituminous pavement, Type FABC-1 or equivalent as approved by the City Engineer, respectively. In addition, any excavation located within 10 feet of another excavation, after one overcut, performed by the applicant or for the property benefitting by the excavation shall be overcut to provide a single contiguous excavation.
c. 
Bituminous Concrete Street Restoration Specifications.
1. 
Gravel base course - dense graded aggregate. Gravel shall consist of compact soil aggregate, Type I-5, and shall be installed six inches thick. Recycled concrete product may be substituted for the soil aggregate base course, contingent upon it meeting the NJDOT requirements for I-5 materials. The Director may, at his sole discretion, submit samples of the soil aggregate for gradation analysis, at the sole cost of the applicant. After backfilling in accordance with the requirements of this section and immediately before temporary restoration, the applicant shall overcut the excavation for a distance of one foot all around the neat area of excavation and shall perform the temporary restoration as defined below. In addition, any excavation located within 10 feet of another excavation, after one foot overcut, performed by the applicant or for the property benefitting by the excavation shall be overcut to provide a single contiguous excavation.
2. 
Temporary Restoration.
(a) 
The temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level six inches below the level of adjacent paved surfaces. Two three-inch lifts of stabilized base course, Mix I-2 or equivalent as approved by the City Engineer, shall then be installed to grade.
(b) 
The temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the City Engineer shall determine when the work is acceptable for final restoration. The permitee shall be responsible for all necessary maintenance until such time as the final restoration is completed.
3. 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the applicant will be responsible for performing whatever remedial action is required by the City Engineer.
d. 
If more than two individual excavations would be required within a 100-foot length, a single trench must be used rather than individual excavations. If more than one excavation or trench would occur within a 100-foot length, the applicant will be required to mill the existing roadway to a depth of two inches extended 10 feet beyond the extreme limits of trenches and install a two-inch-thick lift of bituminous concrete surface course, Mix I-5 or equivalent as approved by the City Engineer, for the entire length.
e. 
The City shall not be responsible for financial restitution or payment of any costs or fees except if same are incurred for properly authorized City construction.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
All street opening permits issued pursuant to this section shall be subject to the following rules and regulations:
a. 
All excavations shall be kept properly barricaded at all times, and during the hours of darkness shall be provided with proper warning lights. This regulation shall not excuse the applicant from taking any other reasonably necessary precaution for the protection of persons or property.
b. 
All work shall be completed in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Chief of Police and the Director. The Police Department shall be informed of all street closings at least 48 hours in advance.
c. 
The Director may, upon application by the applicant, extend the time limit during which the permit shall be valid.
d. 
No work shall be completed in such a manner as to interfere with any water main or sewer main, or any connection with either of the same, from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Director. No work shall be carried on in such a manner as to result in destruction or damage of any property of the City unless this is necessary for completion of the work and permission has been obtained in advance from the City department or agency having jurisdiction over such property.
e. 
Pavement shall be cut with pneumatic hammers or mechanical pavement cutters, saws or other like tools. The edges of the opening shall be kept as square and clean-cut as possible. The paved roadway surfaces shall be cut vertically only on a straight line before excavating to avoid undermining an adjacent roadway. The trench in which any utilities and/or appurtenances are to be constructed shall be excavated in open cut from the surface and in such a manner and such depth and width as will give suitable room for bracing and supporting, pumping and draining at the applicant's discretion. The maximum trench width at the top of the pipe shall be two feet plus the outside diameter of the pipe. The applicant may, where it will not interfere with the work or adjacent structures of property, slope the sides of the excavation beyond the width specified above. The sides of the trench may only be sloped from a point starting two feet above the top of the pipe.
f. 
No trench may be refilled until such time as the Director or a designee has inspected the subterranean installations and approved same.
g. 
All excavations shall be completely backfilled by the applicant. All of the material excavated shall be replaced. Such material shall be compacted by tamping or other suitable means in a manner prescribed by the Director. Where the Director determines that the excavated material is unsuitable for backfill, the applicant shall backfill the excavation with sand, soft coal, cinders, or other suitable material which shall be placed in layers not exceeding six inches in depth and thoroughly compacted in a manner prescribed by the Director. Upon completion of the work the applicant shall remove any excess material and leave the premises in a clean condition. If the Director determines that any backfilled excavation has settled or caved in, he shall so notify the applicant who shall promptly continue backfilling until the Director determines that settlement is complete.
h. 
If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one-part cement to six parts sand.
i. 
The applicant shall be responsible for obtaining any and all construction permits as may be necessary by the construction office or any local, state or federal agency that may have jurisdiction.
j. 
If the work is not completed within the time specified in the permit or any extension granted by the Director, or is not performed in accordance with the regulations set forth in this section and any other regulations that may be established by the Director, then the Director and/or the authorized City contractor may complete the work himself and restore the surface of the street or have the same completed by this agent. The cost of completing the work and restoring the street shall be charged to the applicant and may be recovered by an action in any court of competent jurisdiction.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
Location of Existing Utilities. Prior to any excavation, the applicant or their representative, hereinafter called contractor, shall bear the responsibility of locating and marking, either by paint on the pavement or placement of stakes in the ground, the location of all water services, gas services, gas mains, water mains, sewer mains, sewer laterals, telephone, telecommunications and electric raceways or conduits and drains within the area to be excavated. The applicant is required by law to request an obtained utility markout prior to digging/excavating.
b. 
Depth of Utility. In general, the depth at which the utility is installed shall be in accordance with the requirements of the applicable utility company or code, but in no case shall it be less than 18 inches below the finished surface of the roadway.
c. 
Length of Trench to Be Opened.
1. 
No more trench shall be excavated than can be properly backfilled within the same day. In addition, if the trench area is going to be open to traffic, the trench shall be paved by using the methodology hereinabove specified for street restoration and as specified in the NJDOT Standard Specifications, by using a temporary riding surface such as cold patch or steel plates or by some combination of the above.
2. 
The length of trench to be opened or the area of the surface to be disturbed or unrestored at any one time shall be limited by the Director with regard to expeditious construction and to the convenience and comfort of the persons residing in the neighborhood or frequenting the streets in question. New trenching will not be permitted when earlier trenches need backfilling or labor is needed to restore the surface of the streets to a safe and proper condition.
d. 
Acceptance of Utility Company. Prior to final restoration of the roadway, the applicable utility company shall certify that the installation has been completed in accordance with their requirements, including but not limited to flood proofing, joint sealing and corrosion protection, where applicable. A copy of this acceptance is to be provided to the City Construction Code Official.
e. 
Care of Existing Structures. Care shall be taken not to move, without the consent of the Director, any sewers, drains, culverts, poles, water or gas pipes, etc., or structures near them that may be encountered during the construction. They shall be securely hung, braced and supported in place by the contractor at his own expense. All utility poles adjacent to the excavation shall be protected and braced during construction. Whenever it is necessary to interfere with the structures, the contractor shall maintain services at his own expense and repair all damages. The contractor shall leave them in as good condition as he found them.
f. 
Dewatering. The contractor shall furnish sufficient pumping equipment and provide at his own expense satisfactory drainage whenever needed in the trench and other excavation during the progress of the work. All water pumped and bailed from the trench or other excavation shall be conveyed in a proper manner to a suitable point of discharge. The flow in all sewers, drains and watercourses encountered on the work, in gutters along the side of or across the work, shall be entirely provided, both temporarily and permanently, as required, by the contractor and at his expense.
g. 
At all times the contractor shall use silenced pumps for his dewatering, bypass pumping, etc., except as approved otherwise by the Director for use during the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. During all other hours, on weekends and holidays the contractor must use silenced pumps or shut said pumps off by 5:00 p.m. and restart them no earlier than 8:00 a.m. the following working day.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
Transferability. Every permit shall apply only to the person to whom it is issued and shall not be transferable.
b. 
Commencement of Work. Work under a permit shall commence within 30 days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate.
c. 
Possession of Permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Director, must be kept in the possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Director or to any police officer of the City or to any construction code official.
d. 
Revocation of Permit.
1. 
The Director may revoke a permit for any of the following reasons:
(a) 
Violation of any provision of this section or any other applicable law or ordinance.
(b) 
Violation of any condition of the permit issued.
(c) 
Carrying on the work under the permit in a manner which endangers life or property, or which creates any condition which is unhealthy, unsanitary or declared by any provision of this revision to constitute a nuisance.
2. 
No afforded notice and an opportunity to be heard. In the case of an emergency which creates an immediate danger to the public health or safety, the Director may suspend a permit and order work under the permit to cease immediately, permit shall be revoked until the applicant has been without the necessity of a hearing. In that event, the applicant shall be afforded an opportunity to be heard as soon as possible. When any permit is revoked, the Director may provide in his decision that the revocation shall not become effective if the applicant corrects the conditions which led the Director to move to revoke the permit.
e. 
Modification of Permit Conditions. In a special case, the Board of Commissioners may, by resolution, impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this section shall not apply or shall be altered.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
The Director may make any rules and regulations which he considers necessary for the administration and enforcement of this section, but no regulation shall be inconsistent with, alter or amend any provision of this section, or impose any requirement which is in addition to those expressly or by implication imposed by this section. No regulations shall be effective unless they shall be approved by resolution of the Board of Commissioners. Copies of all current regulations shall be furnished to each permittee at the time of the issuance of the permit.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Except in the case of an emergency during nonbusiness hours, the applicant shall be required to notify the Director at least 48 hours prior to opening any street. The purpose of such notification is to enable the Director at least 48 hours to inspect or have the site inspected by his designee. Inspections will be required prior to any backfilling, temporary surface restoration and final surface restoration. No performance guarantees will be returned until such time as the Director has satisfied himself that the applicant has complied with all requirements of this chapter relative to opening, backfilling and restoration of the street surface.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Prior to issuing any permit for any work in a public street for any triplex, commercial, utility, or for any other repair or remediation in the sole and absolute discretion of the Direction, a performance guarantees are to be posted with the City Clerk.
a. 
Performance Guarantee.
1. 
The performance guarantee shall be in the form of a certified check drawn in favor of the City of Wildwood for 100% of the total estimated construction costs. A corporate guaranty bond or surety bond issued by a company authorized to do business in the State of New Jersey in a form satisfactory to the City Clerk, may be substituted for a certified check, if the full amount of the total estimated construction costs exceeds $20,000. Said corporate guaranty bond or surety bond shall remain in effect until such time as all work has been inspected and accepted by the Director and must be so stated on the bond. The estimated construction costs of the proposed work shall be based upon current market values and said amount shall be prepared by the applicant and approved by the Director. A minimum amount of $4,000 shall be posted for any permit for Triplex or Commercial properties.
2. 
In lieu of the above-mentioned performance guarantee, applicants may post an annual performance guarantee of $50,000 or for an increased amount determined by the Director. The form of surety shall be approved by the City Solicitor.
3. 
Upon completion of the trench restoration and base paving installation, the performance guarantee shall be returned to the applicant.
b. 
Return of Performance Guarantees.
1. 
Upon acceptance by the Director of the work for which the performance guarantee was posted, the Director shall notify the Wildwood Chief Financial Officer that the unused portion of the performance guarantee may be returned to the applicant at which time the Wildwood Chief Financial Officer will return the unused portion of the performance guarantee to the applicant. If less than the full amount of the performance guarantee is being returned to the applicant, the Wildwood Chief Financial Officer shall provide the applicant with an itemization of the charges which were made against the performance guarantee as such charges were authorized by the Director.
2. 
Upon expiration of the period of one year next following completion of construction, the Director shall notify the Wildwood Chief Financial Officer that the unused portion of the maintenance guarantee may be returned to the applicant at which time the Wildwood Chief Financial Officer will return the unused portion of the maintenance guarantee to the applicant. If less that the full amount of the maintenance guarantee is being returned to the applicant, the Wildwood Chief Financial Officer shall provide the applicant with an itemization of the charges which were made against the maintenance guarantee as such charges were authorized by the Director.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
The applicant shall fill in and resurface any excavated section and shall maintain the same in a condition similar to the surrounding surface area for a minimum period of one year. During this one-year period the performance/maintenance surety shall remain in full force and effect. Upon certification of the Director, by inspection made thereof, to the Board of Commissioners, the surety shall be cancelled by motion of the Board of Commissioners. If such inspection does not show the surface to have been substantially returned and maintained in its original condition and level, the City shall use the surety proceeds on notice of intent to do so by 10 days regular and certified mail or personal service notice from the City Clerk. The City may use the same for the proper leveling and surfacing of the section, returning any balance of the deposit or charging the applicant for any excess required to place the section in proper condition. If, during the ten-day period, the applicant corrects the condition and notifies the City Clerk, in writing, then the notice shall be conditioned as a new application subject to reinspection and maintenance for one year from date of correction notice.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
a. 
Insurance. All applicants, their contractors and any of their contractors' subcontractors, sub-subcontractors and any other persons or entities performing work under a permit issued pursuant to this chapter are required to be covered by a policy or policies of insurance that afford the insurance coverage required under this section to the insured and all of the insured's employees, agents and servants. Said insurance shall provide coverage for personal injury liability insurance in the amount of at least $1,000,000 combined single limit/$2,000,000 aggregate per occurrence and at least $500,000 per occurrence for property damage. A certificate of insurance that confirms the aforementioned coverage shall be submitted to the City Clerk whenever a performance surety is posted. The insurance shall be maintained by the applicant during the period of construction or excavation and shall name the City of Wildwood as an additional insured and shall provide for not less than 30 days' notice of policy cancellation to the City.
b. 
Responsibility and Liability of the City. The City shall not be responsible for any injury or damage to persons or property resulting from the negligence of the applicant or their servants, agents or employees in making, grading or filling any excavation permitted under the terms of this section. By accepting the street opening permit the applicant agrees to indemnify and hold harmless the City of Wildwood, its agents, servants, and employees, from any damage or liability sustained by any person or property arising out of the activities of the applicant or its agents, servants, and employees in conjunction with the work authorized by said street opening permit. Nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work. Furthermore, by accepting the permit the applicant agrees that in the event a claim is made against the City, its agents, servants, or employees arising out of the applicant's construction activities, to provide the City with a legal defense and to pay any and all attorney's fees or costs incurred by the City in connection with any claims, suit or litigation.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants or plugs. Passageways leading to fire escapes or firefighting equipment shall be kept free of debris, construction materials or other obstructions.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Protection of traffic must be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways or as required by the Director and/or the Chief of Police or his designee.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
The provisions of this section shall not apply to the following:
a. 
Any person laying any pavement or water or sewer or doing any other work in accordance with a contract entered into between that person and the City.
b. 
Work performed by employees of the City, Water Utility, or Sewer Utility.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Any person, firm, corporation or utility violating any of the provisions of this section shall, upon conviction thereof, be subjected to a fine not exceeding $2,000 or to imprisonment in the County Jail for a period not exceeding 90 days, or both, for each violation and each day that said violation is continued shall constitute a separate offense.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
Every person owning, using or controlling pipes, conduits, ducts or other facilities under the surface of any street, which facilities are used for the purpose of supplying gas, electricity, communications, water or steam to or from the City, or its inhabitants, or for any other purpose, shall file with the City Clerk and Director accurate information, in the form of a map, showing location, size and description of all installations, in the form of a map.
[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21]
On or before January 31 of each year, all person's subject to the preceding section shall file with the City Clerk and Director additional information showing all installations made or abandoned during the previous year. If no changes have been made to the installations during the previous year, a written statement to that effect may be filed with the City Clerk and Director within the period of time specified above. Any person subject to this section may at their option, elect to provide additional information throughout the year as it is available.
Every person owning, using or controlling pipes, conduits, ducts or other facilities under the surface of any street used for the purpose of supplying gas, electricity, communications, water or steam to or from the city or its inhabitants, or for any other purpose, shall file with the director accurate information showing the location, size and description of all installations.
On or before January 31st of each year, all persons subject to this section shall file with the director additional information showing all installations made or abandoned during the previous year. If no changes have been made to the installations during the previous year, a written statement to that effect may be filed with the director within the period of time specified above. Any person subject to this section may, at his option, elect to provide additional information throughout the year as it is available.
The owner of any premises in the City of Wildwood abutting a sidewalk or curb shall, at his/her own expense, keep and maintain such sidewalk or curb in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that such sidewalk or curb or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his own cost and expense, shall forthwith reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair. This section shall not apply to situations where, in an approved subdivision, a developer is required to install curbs and sidewalks and where responsibilities for construction and maintenance are more particularly delineated in the subdivision ordinance of the city. Additionally, the owner of any premises in the City of Wildwood abutting the sidewalk or curb shall, at his or her own expense, maintain such sidewalk or curb in a clean condition, free of debris, and shall also maintain, in a clean condition, that portion of the gutter/roadway abutting the sidewalk extending from the edge of the curbline to a distance of 18 inches into the street.
Where, in the opinion of the City of Wildwood engineer or the public works superintendent, a sidewalk or curb is in an unsafe or hazardous condition, either shall inform the city commissioners which shall by resolution authorize a notice in writing to be served upon the owners or occupant of said lands, requiring the necessary specified work to said curb or sidewalk to be done by said owner or occupant within the period not less than 30 days from the date of service of said notice. Whenever any lands are occupied and the owner cannot be found within the city, said notice may be mailed, postage prepaid, to his or her post office address as it is ascertained from the latest tax rolls of the City of Wildwood. In a case where an owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then a notice may be inserted for four weeks, once a week in the official newspaper of the City of Wildwood.
In the case where the owner or occupant of such lands shall not comply with the requirements of such notice, it shall be lawful for the public works superintendent, upon filing due proof of service or publications of the aforesaid notice, to cause the required work to be done and paid for out of the city funds available for that purpose. The cost of such work shall be certified by the public works superintendent to the city engineer who shall verify the same and return it over to the tax assessor. Upon filing said certificates, the amount of the cost of such work shall be and become a lien upon abutting lands in front of which such work was done, and collected in the manner provided by law for the collection of other assessments or lien; in addition thereto, the City of Wildwood as its option, may maintain an action to recover the amount thereof against the owner of said lands in any court of competent jurisdiction.
All new sidewalks and curbs constructed by an abutting owner shall be constructed in accordance with the line and grade established by the city engineer. All old and existing sidewalks reconstructed or repaired in accordance with the existing line and grade unless such line or grade is changed by the city engineer. It shall be the duty of the abutting owner in all instances to make inquiry of the city engineer respecting such line and grade.
All sidewalks and curbs constructed, reconstructed or repaired shall be in accordance with specifications in the Ordinance of the City of Wildwood.
The City of Wildwood may each year include in its annual budget or tax ordinance an appropriation for curb and/or sidewalk repairs in addition to any existing maintenance fund, out of which appropriation, all cost of construction and/or repair of curbs or sidewalks during the year may be charged when it becomes necessary for the public works department to make such repairs and/or construction pursuant hereto. All monies recovered or paid to the city under the provisions of this section, other than penalties as hereinafter set forth, shall be credited to the account out of which such work was paid.
Whenever any curb or sidewalk is required to be repaired, reset or relaid in the City of Wildwood, application for a permit shall be made by the owner of the abutting lands or his contractor to the superintendent of public works, specifying grade, dimensions, mixed materials and method of construction or repair to be used. The superintendent of public works shall examine said specifications and upon approval of the city engineer, in compliance with all the provisions of this section, shall grant a permit to the applicant. Fees for the aforesaid permit shall be one ($1.00) dollar per linear foot of curb being repaired.
a. 
The failure of any applicant or owner or his contractor, servant or agent to construct or repair such curbs and/or sidewalks in accordance with the specifications filed by him for the purpose of securing that permit under the terms of this section shall be and constitute a violation hereof.
b. 
Any person violating the terms of this section or refusing or neglecting to comply with any of the provisions hereof shall, upon conviction therefor, be subject to a fine of not more than one thousand ($1,000.00) dollars or imprisonment in the county jail for a period of not more than 90 days, or both, in the discretion of the court before whom such conviction is had.
c. 
Each day's persistence in the things or acts prohibited by this section shall be and constitute a separate and distinct offense subject to any and all penalties prescribed in this section.
If any section, paragraph, subdivision, clause or provision of this section shall be judged invalid, such adjudications shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of this section shall remain valid and effective.
[Added 9-23-2020 by Ord. No. 1175-20]
Any person seeking the vacation of a street pursuant to N.J.S.A. 40:67-1 et seq. shall make such request to the City Clerk, in writing. Said request must include an identification of the applicant's property, and a depiction of the premises to be vacated, and a list of all owners of adjacent property, with current mailing addresses. Consent from all affected adjacent landowner(s) shall be submitted with said request. The consent shall include the adjacent landowner(s) street address and block and lot number.
[Added 9-23-2020 by Ord. No. 1175-20]
a. 
Upon receipt of the request and consents, the City Clerk shall forward a copy of the request and consents to the Administrator for review. He/she shall also forward a copy of the request to the following for investigation and submission of reports:
1. 
City Solicitor;
2. 
City Engineer;
3. 
Superintendent of Public Works;
4. 
Zoning Officer;
5. 
Tax Assessor.
b. 
The aforementioned group shall determine whether the roadway is needed for any future City land development, municipal facilities such as storm drainage, or recreational facilities; is under Green Acres jurisdiction or was ever used for municipal recreational purposes in the past; or whether the utility companies have need for the right-of-way.
[Added 9-23-2020 by Ord. No. 1175-20]
The applicant shall pay a minimum fee of $500 to cover the initial costs incurred by the City in processing the application. In addition, the applicant shall reimburse the City for the legal and engineering costs incurred by the City in preparation and review of the vacation ordinance. Said sums due and owing shall be certified to the City Clerk by the City Solicitor and City Engineer. The City Clerk shall further certify the costs of public advertising and recording fees. The total amount due and owing for reimbursement for the legal, engineering, publication and recording fees shall be paid by the applicant prior to the adoption of the vacation ordinance.
[Added 9-23-2020 by Ord. No. 1175-20]
Prior to preparation of the vacation ordinance, the applicant shall prepare or have prepared on its behalf, the following:
a. 
Title search of the area to be vacated and the adjacent landowner's properties for determination on the means in which the City acquired its interest in the roadway. Said title searches shall be forwarded to the City Solicitor for his review.
b. 
Survey maps and metes and bounds descriptions of the area to be vacated and the method of division of the vacated property subsequent to adoption of the ordinance. The survey map shall indicate all existing encumbrances, drainage facilities, utility locations and any other topographical feature pertinent to the area to be vacated. The maps shall depict the portions of the street or right-of-way to be conveyed to each abutting property owner having interest in the title to the centerline of the street to be vacated, unless the title searches disclose that the interest in title is otherwise. In that event, it shall show to the appropriate line required, based upon the chain of title, of the street to be vacated. The description for all of the vacated streets shall be prepared by metes and bounds for the vacation ordinance. The ending statement of the vacation description shall include the following wording:
"The above description is and is intended to be all of that portion as shown on the Official Tax Map of the City of Wildwood. It is further intended that all rights of the public which may exist are to be vacated within the portion of the right-of-way described, reserving there out and therefrom all rights and privileges now possessed by public and private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated, including but not limited to, gas, water, cable, telephone, electric, sanitary sewers, storm sewers and any appurtenances and rights of ingress and egress relating thereto. The description has been prepared in accordance with the map entitled __________."
[Added 9-23-2020 by Ord. No. 1175-20]
Upon certification by the City Solicitor and City Engineer that all necessary documents are in order, the City Solicitor shall prepare a vacation ordinance for discussion and introduction by the Board of Commissioners. The Board of Commissioners shall adhere to the procedures set forth in N.J.S.A. 40:67-1 et seq. and N.J.S.A. 40:49-2 with regard to introduction, publication, public hearing and adoption of said ordinance. In addition, the City Clerk, after introduction of said ordinance, shall notify by certified mail, return receipt requested, all adjacent and adjoining property owners within 200 feet of the proposed road vacation area, of the introduction of the ordinance and advise them of the date of public hearing at which they may attend and make their comments known. Upon adoption of the ordinance, the City Clerk shall record same with the County Clerk of the County of Cape May as required by law. Upon certification from the County Clerk that the ordinance has been recorded, the necessary tax records shall be revised by the City Assessor and the vacation indicated on the Tax Map of the City of Wildwood.
[Added 9-23-2020 by Ord. No. 1175-20]
The obligation of the City with regard to the adopted vacation ordinance shall cease with its recording of same with the County Clerk and updating of its tax map. In the event that the applicant or the adjacent property owners who may receive an interest in the vacated area wish to have a deed prepared evidencing the property vacated, such deed shall be the obligation of the owner acquiring title to said portion of the roadbed. In the event that any such deed is prepared, it shall describe, by metes and bounds, the original property, including within the description that portion of the street being incorporated with the owner's original land holdings. The deed shall contain a reference to the new tax lot number created and assigned to the combined lot and the road vacation area as determined by the City Assessor. It shall also include a reference to the survey map upon which the deed description is based and a reference to the ordinance number by which the portion of the street was vacated. The deed shall be transferred by the owner to themselves.