As used in this ordinance, the following words shall have the
following meanings:
APPLICANT
Owner, contractor, developer, public or private entity, agency
or utility to whom permit is issued.
APPLICATION FEE
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.
CONTRACTOR
Any individual, firm, agency, public or private entity, agency
or utility performing the work for which the permit is issued.
ENGINEER
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.
PARKING STRIP
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]
PUBLIC RIGHT-OF-WAY
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.
[Amended 4-9-2024 by Ord. No. 1427]
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 Construction Official. No additional
zoning permit is required for sidewalk or driveway construction associated
with new construction for which a building permit has been issued.
[Amended 4-9-2024 by Ord. No. 1427]
An application for a permit pursuant to §
63-3 shall be made to the Borough Construction Official on the form prescribed and be accompanied by the required fee.
[Amended 6-17-2020 by Ord. No. 1327; 4-9-2024 by Ord. No. 1427]
An application fee of $150 shall be paid for each permit.
[Amended 4-9-2024 by Ord. No. 1427]
A. Permit.
Permits shall be issued under the authority of the Construction Official
of the Borough of Wildwood Crest and in accordance with the provisions
of this chapter 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.
B. Inspection.
The applicant shall notify the Construction Official 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.
[Amended 6-17-2020 by Ord. No. 1327; 4-9-2024 by Ord. No. 1427]
The construction, reconstruction, repair or alteration of any
sidewalk, driveway or flat work shall conform to the following requirements:
A. See Appendix I, entitled "Street Opening Ordinance Construction Details,"
on file with the Borough Construction Office, which is incorporated
herein as if set forth at length.
B. 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.
C. Parking strip. The area extending from the curbing to the sidewalk
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.
D. 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.
[Amended 4-9-2024 by Ord. No. 1427]
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.