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.
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.