[HISTORY: 1968 Code Chapter 17 §§ 17-1 —
17-8 as amended through 12-28-2015. Amendments noted where applicable.]
Editor's Note: See Code Section 22-5 for restrictions.
It is the purpose and intent of this ordinance to establish
uniform regulations for the construction, reconstruction, renovation
or repair of existing or new bulkheads within the Borough of Wildwood
Crest.
A.
Permit required. No person or legal entity shall construct, reconstruct,
renovate or repair any bulkhead within the Borough of Wildwood Crest
without first obtaining and having in possession a valid permit to
do such work that has been issued by the office of the Construction
Official upon approval of the Borough Engineer and Borough Zoning
Official.
B.
Permit application. Applications for bulkhead permits shall be made
on an application form obtained from the Construction Official. Completed
applications shall be returned to the Construction Official with the
required fee along with the following items in quadruplicate;
(1)
Plans and specifications of the bulkhead that have been prepared,
signed and sealed by a New Jersey licensed professional engineer.
(2)
A property survey.
(3)
Authorization from the New Jersey Department of Environmental Protection
and any other state or federal agency having jurisdiction over the
property affected by the proposed work.
(4)
Proof of notice of application to adjoining property owners.
The Borough Engineer may relax or waive any or all of the requirements
that are set forth above when the application for a permit pertains
to reconstruction, renovation or repair work for which the cost of
completion is less than $5,000; however, in relaxing or waiving any
such requirements, the Borough Engineer shall have the authority to
require the submission of such plans, drawings and contract documents
as the Borough Engineer, in his sole and absolute discretion, determines
will accurately depict the reconstruction, renovation or repair work
to be performed.
C.
Notice of application. Notice of application for a bulkhead permit,
the form of which is to be obtained from the Construction Official,
shall be given by the applicant to the owners of all real property,
as shown on the current tax duplicate, within 100 feet and whose property
is adjacent to the same or similar tidal waters as is the applicant's
property; provided that this requirement shall be deemed satisfied
by notice to the (1) condominium association, in the case of any unit
owner whose unit has a unit above or below it, or (2) horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. 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.
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 not to exceed $0.25
per name, or $10, whichever is greater, may be charged for preparation
of such list.
D.
Permit issuance. Upon receipt by the Construction Official of an
application for a bulkhead permit, the Construction Official immediately
shall transmit copies of the application and all accompanying documents
to the Borough Engineer and Borough Zoning Official for review. No
permit shall be issued by the Construction Official unless the permit
is approved for issuance by both the Borough Engineer and the Borough
Zoning Official. In the event that, upon review of the permit application,
deficiencies are noted by either the Borough Engineer or the Borough
Zoning Official, the Construction Official shall be informed of the
nature of the deficiencies and the Construction Official shall provide
written notice, by regular first class 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.
F.
Appeal of permit denial. Any applicant aggrieved by the denial of
a bulkhead permit may appeal the permit denial to the Board of Commissioners
by submitting to the Borough Clerk written correspondence appealing
the permit denial. Such written appeal correspondence briefly shall
describe the reasons for the appeal. Such written appeal correspondence
shall be submitted to the Borough Clerk within 20 days of the permit
denial.
Upon receipt of the appeal correspondence, the Borough Clerk
shall transmit to the Board of Commissioners copies of the permit
application, all attachments thereto and any copies of any documents
that have been generated by the Borough Engineer and the Borough Zoning
Official in connection with review of the permit application. Thereafter,
the Borough Clerk shall schedule a date for the hearing of the appeal
and notice of the hearing date shall be provided to the permit applicant.
In all instances the Borough 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
Board of Commissioners at a public meeting. The applicant shall be
permitted to produce evidence to the Board of Commissioners in support
of the permit application. The Board of Commissioners may consider
evidence presented to it by the Borough Engineer, the Borough Zoning
Official or any other individual that the Board of Commissioners deem
to have relevant information. The decision of the Board of Commissioners
to approve or deny the permit application shall be through adoption
of a formal resolution.
The permittee shall provide to the Borough Engineer and to the
Borough Zoning Officer notice of commencement of construction not
less than two business days in advance of said commencement of construction.
Not less than 14 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 that time, making
application for a bulkhead permit. Such notice shall be given in the
same manner as is required for notices of permit application.
Prior to the backfilling of any bulkhead construction, reconstruction,
renovation or repair, the Borough Engineer shall perform an inspection
to ascertain that the bulkhead has been built pursuant to the plans
that were submitted with the permit application. Written notice of
project completion shall be given to the Borough Engineer and to the
Borough Zoning 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 Borough Engineer or Borough Zoning Official 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 fails to comply
with the provisions of this ordinance then written notice of final
inspection failure shall be transmitted by the Borough 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 Borough Engineer and Borough Zoning
Official then the permittee is deemed to be in violation of the duty
to maintain and repair the subject bulkhead as established by this
ordinance.
All bulkheads constructed, reconstructed renovated or repaired
within the Borough of Wildwood Crest 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 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.
Sheet piles shall be wood, steel or vinyl. 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 hardware shall be hot dipped galvanized steel in accordance with
latest standards for salt water applications.
F.
All outfall piping shall be fitted with a tide-control device that
is approved by the Borough Engineer.
G.
Bulkhead construction, reconstruction, renovation or repair shall
not adversely affect adjoining property.
H.
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 mark-out" from
all appropriate state and local agencies prior to commencement of
work.
I.
Deviations from construction materials set forth herein are allowed
so long as all specifications and technical data concerning the proposed
construction material is submitted to the borough and is approved
in writing by the Borough Engineer. The use of any construction material
that is not specifically set forth above or approved by the Borough
Engineer strictly is prohibited.
J.
All bay-front bulkheads shall be minimum elevation of eight feet
(Datum 1929), but in no case lower than the adjacent borough street-end.
K.
All ocean-front bulkheads shall be set at a minimum elevation 12.0
NGVD, or the elevation of the adjacent street-end, whichever is greater.
L.
There is hereby established an escrow fee in the amount of $300 for
professional services of the Borough Engineer to inspect and approve
any private bulkhead installation, repair, or reconstruction.
The top elevation of any bulkhead to be constructed or reconstructed
shall be set at a minimum elevation of 8.0 msl (Datum 1929).
All bulkheads within the Borough of Wildwood Crest 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 Borough of Wildwood
Crest or to public or private property within the Borough of Wildwood
Crest. 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 Borough
Engineer or Zoning Official shall notify the property owner, in writing,
by regular first class mail to the address that is set forth on the
borough's tax records, of the nature of the deterioration or
damage and require the owner to make the necessary repairs. The property
owner shall apply for bulkhead permit no later than 30 days from the
date of the notice. The application for a bulkhead permit shall include
a plan of corrective action. 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.
[New]
Any person violating any provision of this ordinance, 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.
