Appeals from decisions of the enforcing agency shall be heard
under the rules and regulations established by the Cape May County
Construction Board of Appeals.
[Ord. No. 1226, 11-4-2015; amended 1-24-2024 by Ord. No. 1421]
A. Fees shall be in accordance with the Uniform Construction Code and
as currently provided for in the New Jersey Administrative Code N.J.A.C.
5:23-4.20 and any amendments thereto, except as otherwise set forth
herein.
B. Any change in fee structure or charges in the Uniform Construction
Code, N.J.A.C. 5:23-4.20, shall be deemed to be incorporated herein.
C. The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Board of Commissioners biannually a report
recommending a fee schedule based on the operating expenses of the
agency and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act. (See
N.J.S.A. 52:27D-119, et seq.).
D. The administrative surcharge for private, on-site inspections and
plan review agencies pursuant to N.J.A.C. 5:23-4.18(j) shall be 50%
of the appropriate State of New Jersey subcode fee schedule. This
surcharge shall apply only to subcode areas for which the municipality
has a contract with the on-site agency.
E. Plan review fee. The fee for plan review shall be 20% of the amount
to be charged for a construction permit. The plan review fee shall
be waived in accordance with N.J.A.C. 5:23-2.15x, when the appropriate
subcode official waives the requirement for plans, manufacturers installation
manuals or specifications.
(1) There shall be an additional fee of $65 per hour for review of any
amendment or change to a plan that has already been released.
F. The basic construction fee shall be the sum of the parts computed
on the basis of volume or cost of construction, the number of plumbing
fixtures and pieces of equipment, the number of electrical fixtures
and the number of sprinklers, standpipes and detectors (smoke and
heat) at the unit rates provided herein, plus any special fees.
(1) Building volume or cost. Fees for new construction shall be based
upon the volume of the structure. Volume shall be computed in accordance
with N.J.A.C. 5:23-2.28. Use groups and types of construction used
herein are classified and defined in Articles 3 and 4 of the Building
Subcode.
(a)
The fees for new construction are as follows:
Use Group
|
Fee
|
---|
Use Groups No. 1
|
B = Business
E = Education
H = High Hazard
I = Institutional
M = Mercantile
R = Residential
R-1, R-2, R-3, R-4, R-5
|
$0.042 per cubic foot of structural volume
|
Use Groups No. 2
|
A = Assembly
A-1, A-2, A-3, A-4, A-5
F = Factory
F-1, F-2
S = Storage
S-1, S-2
U = Utility
|
$0.030 per cubic foot of structural volume
|
(b)
Renovations, alterations, and repairs.
[1]
Fees for renovations, alterations, and repairs shall be based
upon the estimated cost of work at the following rates:
Estimated Cost of Work
|
Rate
|
---|
$1 to $50,000 prorated
|
$40 per $1,000
|
$51,000 to $100,000 prorated
|
Additional fee of $32 per thousand
|
Over $100,000 prorated
|
Additional fee of $28 per thousand
|
[2]
For the purposes of determining the estimated cost, the applicant
shall submit to the Department such cost data as may be available,
produced by the architect or engineer of record or by a recognizing
firm or by the contractor and a bona fide contractor's bid, if
available shall be submitted. The Department shall make the final
decision regarding estimated cost validity.
(c)
Fees for additions shall be computed on the same basis as for
new construction for the added portion.
(d)
Fees for combined renovations and additions shall be computed as the sum of the fees computed separately in accordance with Subsection
F(1)(b) above.
(e)
Sign fees. The fee for a permit to construct a sign shall be computed as the sum of the fees computed separately in accordance with Subsection
F(1)(b) above.
(f)
Demolition fees.
[1]
Demolition of a structure less than 5,000 square feet and less
than 35 feet in height for residential use shall be $175.
(g)
Prototype credit fee: 20% of the original permit charge.
(h)
DCA surcharge fee: new, as determined by Department of Community
Affairs; alterations, as determined by Department of Community Affairs.
(i)
Continuing certificate of occupancy fee: $180.
(l)
Variation application in accordance with N.J.A.C. 5:23-2.10:
$168 Class II and Class III Buildings; $821 Class I Buildings.
(m)
Minor asbestos abatement. Permit: flat fee of $120 per building.
(n)
Lead abatement.
[2]
Lead abatement clearance certificate: $35.
(o)
Certificates of occupancy:
Use Groups No. 1
|
Residential only
|
10% of total cost permit
|
Use Groups No. 2
|
A = Assembly
B = Business
E = Education
F = Factory
H = High Hazard
I = Institutional
S = Storage
U = Utility
|
10% of total permit cost of permit or minimum fee - $69.
|
(p)
Renewal of TCO (Temporary Certificate of Occupancy), flat fee
$40. *Exception, no fee for TCO if CO fee is paid at that time.
(q)
The fee for an aboveground swimming pool shall be $140. With
a surface area greater than 550 square feet; the fee in all other
cases shall be $80. The fee for an in-ground pool shall be $210. For
a pool with a surface area greater than 550 square feet; the fee in
all other cases shall be $120.
(r)
Fees for retaining walls shall as follows:
[1]
The fee for a retaining wall with a surface area greater than
550 square feet that is associated with a Class III residential structure
shall be $225.
[2]
The fee for a retaining wall that is associated with a Class
III residential structure shall be $125.
[3]
The fee for a newly constructed retaining wall of any size at
other than a Class III residential structure shall be based on the
cost of construction.
(s)
The fee for a mechanical inspection in a structure of Group
R-3 or R-5 by a Mechanical Inspector shall be $75 for the first device
and $20 for each additional device.
For the purposes of this chapter, certain phrases and words
are herein described as follows: words used in the present tense include
the future tense; words used in the singular number include the plural
number and vice versa; words used to include the male gender include
the female gender and vice versa; the word "used" shall also include
"arranged," "designed," "constructed," "altered," "converted," "rented,"
"leased" or "intended to be leased;" the words "real property" include
the words "lot," "plot," and "premises;" the word "building" includes
the word "structure," "dwelling" or "residence;" the word "shall"
is mandatory and not discretionary. Any word or item not defined herein
shall be used with a meaning as defined in Webster's New International
Dictionary of the English Language, unabridged and latest edition.
CONSTRUCTION SITE
Any real property upon which any person or entity proposes
to or does engage in the construction, reconstruction or demolition
(wholly or partially) of any building, structure or other improvement
located upon said real estate residential and commercial.
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
OWNER
Any person or entity having an ownership interest in real
property.
[Added 9-18-2019 by Ord.
No. 1311]
PERMITTEE
Any person, entity, contractor or subcontract to whom a permit
has been issued to perform construction, demolition or any other work
on a construction site.
[Added 9-18-2019 by Ord.
No. 1311]
TRAILER
Every vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle.
[Amended 2-16-2022 by Ord. No. 1372]
[Ord. No. 1226, 11-4-2015; amended 2-16-2022 by Ord. No. 1372]
Beginning with the 15th of May and through the 15th of September, the demolition, removal or razing of buildings, structures or improvements to real property, pile driving activities or the raising of any structure shall be prohibited within the Borough of Wildwood Crest. No permit for such demolition, pile driving or lifting of a structure shall be issued during such period of time, and any such work must be complete, with the site returned to a finished condition, with the site clean and graded prior to May 15th. Any house raising permit issued prior to this moratorium period must be complete to the point of having the structure lowered onto and securely attached to the new foundation prior to the May 15th beginning of the moratorium. Notwithstanding this section, in the event of an emergency or in the event of a danger to person or property as determined by the Code Enforcement Official, Construction Official, Borough Engineer, or Board of Commissioners, a demolition permit may be issued during such period. See §
43-12.2F of the Code of the Borough of Wildwood Crest. Further, nothing in this section shall be deemed to prohibit pile driving in connection with the construction of a bulkhead as governed by §
43-12.2F.
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
During those times when commercial construction activities or
commercial landscaping activities are permitted upon construction
sites, the hours of operation shall be September 15 through May 15,
Monday through Saturday, 8:00 a.m. to 6:00 p.m.; May 16 through September
14, Monday through Friday, 8:00 a.m. to 6:00 p.m., and Saturdays 10:00
a.m. to 6:00 p.m.
A. No work at all shall be permitted on any Sunday, Labor Day, Memorial
Day, and July 4th.
B. Use of generators prohibited. All construction sites shall provide
for a temporary utility pole and electric power supply. Use of generators
to supply electric power during the period of construction is prohibited.
C. Nothing herein contained shall prohibit a home occupier (owner or tenant) from making repairs or alterations or performing maintenance to his or her home, subject to the provisions contained in §
43-12.1 of the Code of the Borough of Wildwood Crest.
[Amended 2-16-2022 by Ord. No. 1372]
A. With regard to vegetative growth, debris and trash, all construction sites shall be maintained in accordance with the provisions of Chapter
54, Property Maintenance Code, of the Borough of Wildwood Crest.
B. The construction site and adjoining sidewalk area or public right-of-way shall be cleaned and left in an organized condition pursuant to Subsection
A above on a daily basis.
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
A. Construction site plans identifying the proposed location upon a
construction site of all dumpsters, debris containers, construction
trailers, construction fences, silt fences, containment fences and
portable toilets, and including the emergency telephone contact numbers
of all contractors proposing to do any work upon the construction
site, shall be submitted to the Code Enforcement Officer and Construction
Office concurrently with application for construction or demolition
permits pertaining to the construction site.
B. All contractor information, including the project manager's name,
company business address, email address, website if applicable, and
emergency contact phone or cell phone numbers of the project manager
who shall be available after hours and on weekends shall be displayed
and easily visible to the public and municipal officials at all times
on a sign or banner. All permits issued must be prominently displayed
in a waterproof box on the construction site.
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
A. Minor construction sites. Minor construction sites are defined herein
as those sites in residential zones with less than 80 feet of street
frontage, or a corner lot with less than 80 feet of street frontage
on either side. All minor construction sites must have a construction
fence, silt fence or containment fence installed prior to the demolition
or construction of any structure. All construction fences, silt fences
and containment fences located upon construction sites shall be placed
upon the construction site and not upon existing or proposed sidewalks
on the construction site so as to allow access to the public right-of-way.
All construction fences, silt fences and containment fences located
upon construction sites must be maintained in good condition during
the period of construction or demolition, as the case may be, and
shall be replaced or repaired immediately in the case of damage to
the fence. All sediment or silt from construction sites must be contained
on the construction site by construction fences, silt fences and containment
fences, and sediment or silt from construction sites shall not be
allowed to collect on any street, highway or sidewalk or within the
Borough's stormwater system. All construction fences, silt fences
and containment fences shall be constructed of the following materials
and design: posts shall be not less standard two-inch-by-three-inch
lumber and imbedded a minimum of 18 inches below grade and protruding
no less than 24 inches above grade every eight linear feet. Fencing
material shall be one-half-inch plywood or fabric no less than 24
inches in height above grade. One eight-foot section may remain permanently
open for ingress and egress to the site.
B. Major construction sites. Major construction sites are defined herein as those sites in a commercial zone, or in a residential zone with more than 80 linear feet of street frontage on any one street. In addition to silt and containment fencing as required above, all major construction sites must have a construction barrier fence consisting of a minimum five-foot-high screened fence as a visual barrier installed along all street frontage prior to the demolition or construction of any structure. The screened fence shall be placed upon the construction site and not upon existing or proposed sidewalks on the construction site so as to allow access to the public right-of-way. The screened fence shall be maintained in good condition during the period of construction or demolition, as the case may be, and shall be replaced or repaired immediately in the case of damage to the fence by wind or other cause. One eight-foot section may remain permanently open for ingress and egress to the site. The name and contact information of the construction company shall be placed prominently on the screened fence in a manner visible to the public pursuant to §
22-8.
C. Stormwater grates. Stormwater grates within the construction zone
shall be covered with mesh screening in order to prevent debris from
washing into the stormwater system. Hay bales shall not be permitted
as stormwater barriers.
D. Ingress and egress. Crushed concrete or gravel shall be placed at
sites of ingress and egress to the construction site in order to prevent
the depositing of soil and debris in the streets.
[Amended 9-18-2019 by Ord. No. 1311]
A. All sidewalks located upon construction sites shall be maintained free from obstacles during construction or demolition, as the case may be. Contractors, permittee and/or owner must maintain a clean and safe walking environment for pedestrian traffic at all times, and are required to repair and replace sidewalks abutting any construction site in accordance with the provisions of Chapter
63, Sidewalks, Curbs and Alleyways, of the Code of the Borough of Wildwood Crest.
B. If it is necessary to temporarily remove a sidewalk or any portion thereof that was damaged due to construction or demolition, such sidewalk area shall be immediately replaced pursuant to §
22-13A, or in the event of continued construction activities that would damage the sidewalk, the area removed shall be temporarily replaced with a stable surface that remains unchanged by contaminants or applied force, so that when the contaminant or force is removed, the surface returns to its original condition and that resists deformation by either indentations or particles moving on its surface and further shall be a slip-resistant surface providing sufficient frictional counterforce to the forces exerted in walking from a wheelchair to permit safe ambulation, only until such time as all construction activities that would cause damage to a sidewalk are completed, immediately thereafter the sidewalk shall be replaced in accordance with §
22-13A.
[Ord. No. 1226, 11-4-2015]
A. Semi-trailers used for any purpose in the construction process, including
use for storage purposes, must be parked on the construction site,
subject to provisions contained below.
B. Semi-trailers used for any purpose in the construction process, including
use for storage purposes, shall be parked immediately in front of
or on the construction sites, but only during the period of actual
construction and only during the period of time when the particular
contractor or craftsmen utilizing the trailer are actually engaged
in working on the construction project. All such trailers shall be
removed from the site immediately following the completion of the
construction project or that particular portion thereof on which a
particular contractor or craftsman was engaged.
C. Under no circumstances may any semi-trailer be parked on the public
streets or public thoroughfares at any time commencing the 15th of
May and through the 15th of September of each year.
D. It shall be the duty of the permittee, contractor and/or owner to
take all measures necessary to prevent damage to the public streets
or rights-of-way from any portion of such semi-trailer. Any such damage
caused shall be repaired in accordance with a directive of the Code
Enforcement Officer. Failure to make repairs may result in issuance
of a complaint under this chapter and under separate authority of
the Code Enforcement Officer.
[Amended 9-18-2019 by Ord. No. 1311]
E. If such semi-trailer is parked on the street, it must be parked so
as to conform to the requirements of the New Jersey Motor Vehicle
Code, N.J.S.A. 39:1-1, et seq.
F. On the streets of the Borough, no semi-trailer shall be permitted
to be parked within 50 feet of any intersection.
[Ord. No. 1226, 11-4-2015]
A. Trailers commonly known as "construction trailers" containing tools,
materials or supplies for contractors, landscapers and craftsmen shall
be parked immediately in front of or on the construction sites, but
only during the period of actual construction and only during the
period of time when the particular contractor or craftsmen utilizing
the trailer are actually engaged in working on the construction project.
All such trailers shall be removed from the site immediately following
the completion of the construction project or that particular portion
thereof on which a particular contractor or craftsman was engaged.
B. Under no circumstances may any construction trailer be parked on
the public streets or public thoroughfares at any time commencing
the 15th of May and through the 15th of September of each year.
C. It shall be the duty of the permittee, contractor and/or owner to
take all measures necessary to prevent damage to the public streets
or rights-of-way from any portion of such construction trailer. Any
such damage caused shall be repaired in accordance with a directive
of the Code Enforcement Officer. Failure to make repairs may result
in issuance of a complaint under this chapter and under separate authority
of the Code Enforcement Officer.
[Amended 9-18-2019 by Ord. No. 1311]
D. If such construction trailer is parked on the street, it must be
parked so as to conform to the requirements of the New Jersey Motor
Vehicle Code, N.J.S.A. 39:1-1, et seq.
E. On the streets of the Borough, no construction trailer shall be permitted
to be parked within 50 feet of any intersection.
[Ord. No. 1226, 11-4-2015]
A. Construction, sales or detachable storage trailers shall be parked
immediately in front of or on the construction sites, but only during
the period of time when the particular contractor or craftsmen utilizing
the trailer are actually engaged in working on the construction project.
All such trailers shall be removed from the site immediately following
the completion of the construction project or that particular portion
thereof on which a particular contractor or craftsman was engaged.
B. Under no circumstances may any detachable trailer be parked on the
public streets or public thoroughfares at any time commencing the
15th of May and through the 15th of September of each year.
C. It shall be the duty of the permittee, contractor and/or owner to
take all measures necessary to prevent damage to the public streets
or rights-of-way from any portion of such semi-trailer. Any such damage
caused shall be repaired in accordance with a directive of the Code
Enforcement Officer. Failure to make repairs may result in issuance
of a complaint under this chapter and under separate authority of
the Code Enforcement Officer.
[Amended 9-18-2019 by Ord. No. 1311]
D. If such detachable storage trailer is parked on the street, it must
be parked so as to conform to the requirements of the New Jersey Motor
Vehicle Code, N.J.S.A. 39:1-1, et seq.
E. On the streets of the Borough, no detachable storage trailer shall
be permitted to be parked within 50 feet of any intersection.
To the extent possible, dumpsters, semi-trailers, construction
trailers, detachable storage trailers and sales trailers shall be
located on private property rather than on streets, highways or public
property. In such cases where the only practical location of said
dumpster, semi-trailer, construction trailer, detachable storage trailer
or sales trailer is on a street, highway or public property, the Wildwood
Crest Police Department shall determine the location of said dumpster
or trailer so as to not impede or impair public safety. The said dumpster
or trailer shall have its wheels or skids, as the case may be, placed
on timber materials having minimum dimensions of not less than two
inches thick by 12 inches wide by 48 inches long, in such a manner
as directed by the Wildwood Crest Police Department so as to provide
protection to the surface of the street, highway or public property
upon which the said dumpster or trailer is to be placed.
[Amended 9-18-2019 by Ord. No. 1311]
The provisions of this Article
II shall be enforced by the Code Enforcement Officer, Construction Official, the Wildwood Crest Police Department or other individuals authorized by law to enforce the provisions of the Code of the Borough of Wildwood Crest.
[New]
Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $2,000 for each offense, or imprisonment for
a term not to exceed 90 days, or both. Any violation hereunder pertaining
to unlawful solid waste shall be punishable by a penalty not to exceed
$2,500. The following rules shall apply in determining responsibility
for violations and penalties:
A. The owner, permittee and/or contractor of a construction site where
a violation has been committed or does exist shall be guilty of such
an offense.
[Amended 9-18-2019 by Ord. No. 1311]
B. Any contractor or person who commits, takes part in or assists in
such violation shall be guilty of such an offense.
C. Each day that a violation continues after written notification that
the violation exists shall constitute a separate offense.
D. In the event that the penalties established by this section are inconsistent
with the penalty section of any other applicable ordinance contained
within the Code of the Borough of Wildwood Crest, then the inconsistency
shall be resolved in favor of the ordinance providing the more severe
penalty, except in those cases wherein the penalty is prescribed by
state statute.
E. In the event of a violation of §
22-5, in addition to all other penalties set forth herein, no construction permit shall be issued and all permits issued prior to such violation shall be suspended until the 15th of September next.
[Added 9-18-2019 by Ord.
No. 1311]
[Added 2-16-2022 by Ord. No. 1372]
All permittees shall be required to sign an acknowledgement that they have received a copy of this Article
II at the time of issuance of a permit and prior to the commencement of any demolition or construction activity on the construction site.