[HISTORY: 1968 Code Chapter 65 §§ 65-1 — 65-6 as amended through 12-28-2015. Amendments noted where applicable.]
No person, firm or corporation shall strip, excavate or otherwise remove sand or soil of any nature or description within the boundaries of the Borough of Wildwood Crest, except in connection with the construction or alteration of a building or grading of the premises incidental thereto, or unless excess material exists on the premises above that required to bring the premises to the officially established grade, in which case the excess material only may be removed without first having secured a permit therefor from the Board of Commissioners of the Borough of Wildwood Crest. In areas where the grade has not been officially established, the grade shall be established for the purpose of this section as elevation of high water line plus 10.00 feet referred to the datum described hereinbelow, high water line being defined as contour line plus 2.30 feet based on the datum of mean sea level elevation zero and zero-hundredths as established by the United States Coast and Geodetic Survey, Sandy Hook, New Jersey. Before removing or excavating where the elevation shall be less than the established grade, a permit as described below must be obtained.
The Board of Commissioners shall not consider any application for the removal of sand or soil from the premises, for sale or otherwise, unless and until the owner of the premises shall first file with the Borough Clerk an application requesting such permission, together with a map of the premises showing the contour lines and proposed contour grades resulting from such intended removal of sand or soil in relation to the topography of the premises, and the said proposed contour lines and proposed grades shall be subject to the inspection and approval of the Board of Commissioners of the Borough of Wildwood Crest. No such permission for sand or soil removal shall be issued until such map has been filed, and until the proposed contour lines and grades have been approved by the Board of Commissioners of the Borough of Wildwood Crest.
A. 
Upon written request for a hearing made by the applicant to the Board of Commissioners, an opportunity to be heard shall be granted within 30 days thereafter, and the Board of Commissioners in considering and reviewing the application and in arriving at its decision, shall be guided and take into consideration the public health, safety and general welfare, and particular consideration shall be given to the following factors:
(1) 
Sand or soil erosion by water and wind.
(2) 
Drainage.
(3) 
Lateral support slopes and grades of abutting streets and lands.
(4) 
Land values and uses.
(5) 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the said borough.
B. 
If, after examining the application and the map provided for in § 65-2 of this ordinance, and after the hearing in the event a hearing is requested by the applicant, the Board of Commissioners shall be of the opinion that the proposed soil removal will not create conditions inimical to the public health, welfare and safety, and will not result in the creation of any sharp declivities, pits or depressions, sand or soil erosion, depressed land values, nor create any drainage, sewerage problems or other conditions of danger, permission to remove the sand or soil shall be granted.
Before any permit or permission for sand or soil removal shall be granted or issued, the owner or applicant shall file with the Board of Commissioners a bond, in form and with surety acceptable to the Borough of Wildwood Crest, in such amount as, in the opinion of the Board of Commissioners of the Borough of Wildwood Crest, shall be sufficient to insure the faithful performance of the work to be undertaken, pursuant to the permission granted by the Board of Commissioners pursuant to the provisions of this ordinance.
[New]
Any person, firm or corporation violating any of the provisions of this ordinance shall be subject to a fine not exceeding $2,000 or imprisonment in the County Jail for a term not exceeding 90 days, in the discretion of the Municipal Court Judge before whom such conviction shall be had. Each and every violation and nonconformance of this ordinance, or each day that any provision of this ordinance shall have been violated, shall be construed as a separate and distinct violation thereof.
All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed.