[HISTORY: 1968 Code Chapter 63 §§ 63-1 —
63-11 as amended through 12-28-2015. Amended in entirety 11-30-2016 by Ord. No. 1246-2016. Additional amendments noted
where applicable.]
As used in this ordinance, the following words shall have the
following meanings:
Owner, contractor, developer, public or private entity, agency
or utility to whom permit is issued.
The required non-refundable fee paid to the Borough at the
time of application to off-set the administrative costs associated
with the processing of the sidewalk permit.
Borough of Wildwood Crest.
Any individual, firm, agency, public or private entity, agency
or utility performing the work for which the permit is issued.
The Borough Engineer as the only person authorized by the
Commissioners of the Borough of Wildwood Crest to oversee the work
performed under this ordinance.
The area between the sidewalk and the curb with a minimum
width of two feet except in those blocks or areas where partially
developed parking strips of lesser or greater widths exist. In those
situations the parking strip may conform to the adjacent parking strip.
[Added 6-17-2020 by Ord. No. 1327]
Any and all surface and subsurface areas including alleys,
easements and walkways as designated on the official map of the Borough
or by deed or easement agreement for any areas over which the Borough
has jurisdiction.
It is and shall be the duty and obligation of the owner or owners
of property on any improved street, road, avenue or any other public
way or thoroughfare, to have installed and to keep in repair sidewalks
and curbs, to the grade established by the Borough Engineer and approved
and filed in the office of the Borough Clerk, and to maintain, in
a clean condition, that portion of the gutter/roadway abutting the
sidewalk from the edge of the curb line to a distance of 18 inches
into the street.
No person or corporation shall install or alter sidewalks, driveways,
and/or curbing in the public right-of-way without first having obtained
a valid permit to do so from Borough Zoning Office. No additional
zoning permit is required for sidewalk, driveway and/or curb construction
associated with new construction for which a building permit has been
issued.
An application for a permit pursuant to § 63-3 shall be made to the Borough Zoning Office on the form prescribed and be accompanied by the required fee.
[Amended 6-17-2020 by Ord. No. 1327]
An application fee of $25 shall be paid for each driveway or
sidewalk permit.
Permits shall be issued under the authority of the Zoning Official
of the Borough of Wildwood Crest and in accordance with the provisions
of this section and upon receipt of a complete application including
payment of all fees. The permit is valid for a period of one year
from the date of issuance. The applicant shall notify the Zoning Office
48 hours in advance of placing any concrete so that appropriate inspection
can be scheduled and completed. No concrete is permitted to be placed
prior to passing the appropriate inspection.
The construction, reconstruction, repair or alteration of any
sidewalk, driveway or flat work shall conform to the following requirements:
A.
All sidewalks, driveways, curbing and flat work shall be concrete
with a compressive strength of not less than 3500 psi at 28 days.
B.
Sidewalks, driveways and flat work shall have a minimum concrete
thickness of four inches, except where the sidewalk is part of a driveway
in which case the minimum concrete thickness shall be six inches.
Minimum sidewalk width shall be five feet except in those blocks or
areas where partially developed sidewalks of lesser or greater widths
exist. In those situations the sidewalk may conform to the adjacent
sidewalks. Sidewalk shall have a maximum cross slope of 1/4 inch per
foot.
C.
That portion of the driveway from the interior property line to the
street shall have a minimum thickness of six inches and shall be constructed
of concrete. All driveways shall be reinforced with welded wire fabric
(minimum 6x6), fiber mesh, or an equivalent. Expansion joints shall
be installed at intervals not exceeding 20 feet. Formed joints shall
be cut into the concrete sidewalk between the expansion joints at
equal intervals not exceeding the width of the sidewalk.
D.
Curbing shall have a top width of six inches and a depth of at least
18 inches with a street-side reveal to match existing adjacent curbing.
The full depth curbing shall extend below any depressed areas of driveways
and provide a reveal not less than 1/2 inch and not greater than 1 1/2
inches. All curbing shall have a radius top street-side edge of 1 1/4
inch.
E.
The street gutter area shall be patched to match existing material
of asphalt or concrete with a minimum 1/2 inch expansion joint filler
between the curbing and gutter material.
F.
Location of existing utilities. Prior to any excavation, the applicant
or his 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 and electric raceways
or conduits and drains within the area to be excavated. The applicant
is required by law to request and obtain a utility markout by calling
811 prior to digging/excavating.
G.
Parking strip. Subject to Subsections B and C of this section, the area extending from the curbing to the sidewalk, which curbing and minimum sidewalk area is described herein above, shall be composed of a permeable surface of only grass, stones or porous pavers; the use of impervious materials, including but not limited to asphalt or concrete, is prohibited. Only a filter fabric may be used as a weed barrier; any use of plastic or other impermeable material as a weed barrier is prohibited.
[Added 6-17-2020 by Ord. No. 1327]
H.
The provisions of this section shall not apply to that portion of
a right-of-way/curbline that adjoins a property containing a commercial
use, except that the use of porous pavers is encouraged.
[Added 6-17-2020 by Ord. No. 1327]
(Figure 1. Sidewalk specification examples - See on file at
Borough Offices)
A.
Transferability. Every permit shall apply only the specific site
address for which it is issued and shall not be transferable.
B.
Possession of permit. A copy of the permit, together with a copy
of the plan endorsed with the approval of the Zoning Official, must
be kept in the possession of the person actually performing the work
and shall be exhibited on demand to the Zoning Inspector.
C.
Revocation of permit. The Zoning Official or Commissioner of Public
Safety or designee 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.
Any person, firm, corporation, or utility violating any of the provisions of this ordinance shall, upon conviction thereof before the Municipal Court Judge of the Borough of Wildwood Crest, be subject to a fine not exceeding $2,000 or imprisonment in the County jail for a period not exceeding 90 days, or both. Penalties for violating the emergency road opening provisions are contained above in § 67-7. Moreover, any person, firm or corporation violating any of the provisions of this section shall not obtain a permit under this section for a three-year period.
[1]
Editor's Note: Former § 63-10, Severability, was
repealed 6-17-2020 by Ord. No. 1327.
[1]
Editor's Note: Former § 63-11, Repealer, was repealed
6-17-2020 by Ord. No. 1327.
[1]
Editor's Note: Former § 63-12, When effective, was
repealed 6-17-2020 by Ord. No. 1327.
