[Amended 7-22-2020 by Ord. No. 1171-20; 1-27-2021 by Ord. No. 1186-21; amended in entirety 3-13-2024 by Ord. No. 1282-24]
[Amended 3-13-2024 by Ord. No. 1282-24]
It shall be unlawful to dig, excavate, open or in any manner interfere with or disturb within the right-of-way of any municipal street within the City of Wildwood for any purpose whatsoever without first securing a permit therefor as hereinafter provided. For minor repairs, 40 linear feet of curbing, 200 square feet of sidewalk, or less, see subsection 15-4.3. For major replacement, reconstruction, or repair, anything over minor, this section shall apply.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
Application for permission to make an excavation in any City street between the curblines, driveways or in any sidewalk area shall be made to the City Construction Official. Such application shall be made on the required application form and shall be signed by the applicant and shall specify:
1. 
The applicant's name, address and phone number (local and out-of-town, if applicable);
2. 
The name, address and phone number of the person or firm who will be performing the work;
3. 
The length and width of such excavation;
4. 
The purpose for which the excavation is to be made;
5. 
The estimated time required to complete the work and restore the surface; and
6. 
Such other information as may be required by the City Engineer.
b. 
An administrative application fee of $250 and construction inspection fee of $1,000 shall be paid to the Construction Office prior to the issuance of the permit for all major excavations of more than 40 linear feet of curbing or 200 square feet of sidewalk. If said area to be opened, disturbed, or undermined exceeds six square yards, the additional yardage shall be classified as excess yardage, and an additional fee shall be due and payable by the applicant for all yardage in excess of six square yards at a rate of $10 per square yard. For minor repairs, 40 linear feet of curbing, 200 square feet of sidewalk, or less see subsection 15-4.3.
c. 
The applicant shall be responsible to provide all additional fees associated with multiple reinspections that are necessary due to defective workmanship, lack of coordination, lack of work progression and any aspect of work that is unacceptable to the City. The City Engineer shall advise the applicant, in writing, of said additional fee, if warranted.
d. 
The area to be opened, disturbed or undermined by the applicant shall be measured and determined by the City Engineer and the Department of Public Works.
e. 
All utility companies, including companies with existing franchise agreements with public utilities, shall be required to post one general inspection escrow in an amount to be determined by the Engineer based upon the application(s) submitted and the scope of work to be performed and/or an amount estimated and projected to be completed within one calendar year. The general escrow account shall be maintained by the City and shall have a minimum balance maintained at all times, which shall not be less than 25% of the initial escrow amount required to be posted. All escrow fund balances shall be calculated by the Engineer.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
The City Engineer, upon receipt and examination of the application and the fee referred to hereinabove, shall issue a permit under their hand for the excavation. The City Engineer shall specify on the permit that it is good for a ninety-day period from the date of issuance and shall further specify on the permit that such work shall be completed and restored within 48 hours after work is commenced or within a duration of time which in his opinion is reasonable and fair. The applicant shall notify the City Engineer 24 hours before the commencement of any work so that appropriate inspection can be made where required.
b. 
Whenever the City resurfaces or reconstructs a street, no permit shall be issued for the opening of said street for a period of five years subsequent to the completion of the reconstruction and acceptance of such work by the City, provided the property owners have been properly notified. The City Clerk shall give written notice, by certified mail, to all owners of property abutting the portion of the street or streets to be reconstructed or resurfaced, and to the public utilities and authorities who routinely locate their facilities in the beds of public streets, no less than four months prior to commencing the City's construction. The notice shall specify the anticipated start date for the construction and advise the property owner that any anticipated new facilities or repairs to their existing facilities must be completed prior to the start of the City's project. Emergency situations are exempt from the five-year restriction.
c. 
The City may, in its sole and absolute discretion, attach conditions to any permit issued under this chapter that prohibits work, which is otherwise authorized by the permit, from being performed on or around the Memorial Day, Independence Day and Labor Day holiday weekends depending upon the scope and location of the work as needed to protect the health, safety and welfare of the community. Any timelines imposed upon permittee by this section shall be tolled accordingly in the event of same.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
The applicant to whom such permit is issued shall, within the time limited in such permit, replace the earth and pavement in the excavation in such manner that the same shall be left in as good condition as it was before the excavation was commenced. Except as otherwise herein stated, all street work performed shall be in accordance with the applicable provisions of the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction, including all amendments. Reference to articles or sections hereinafter refer to said NJDOT standard specifications.
1. 
Trenches shall be backfilled in layers not to exceed six inches, and a vibratory tamper must be used. Compaction of 95% shall be required. Puddling of backfill is strictly prohibited. Should there be a deficiency, additional backfill material shall be supplied by the permittee. Whenever the City Engineer shall deem the material unsatisfactory for backfill, the permittee shall provide acceptable material for the backfill.
2. 
Roadways with a concrete base shall be restored using a combination of concrete and asphalt. The amount of concrete and asphalt to be used at each such excavation shall be as directed by the City Engineer. See detail at end of chapter.
3. 
Hot mix asphalt street restoration specifications.
(a) 
Gravel.
(1) 
Gravel shall be installed six inches thick. The gravel shall consist of compact soil aggregate, Type I-5. The use of a recycled asphalt product (RAP) or recycled concrete product may be substituted for the soil aggregate as long as it meets the NJDOT requirements for 1-5 materials. The City Engineer may, at his discretion, submit samples of the soil aggregate for a gradation analysis, with the costs of said analysis borne by the applicant.
(b) 
Temporary restoration.
(1) 
Less than 100 square feet.
(i) 
For openings in asphalt roadways that are less than 100 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level of six inches below the level of adjacent paved surfaces, a four-inch lift of hot mix asphalt base course, Mix I-2, followed by a two-inch lift of a bituminous concrete cold patch installed to grade.
(ii) 
These temporary surfaces shall be in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed.
(2) 
Greater than 100 square feet.
(i) 
For openings in asphalt roadways that are greater than 100 square feet, the temporary restoration will consist of the installation of six inches of soil aggregate, Type I-5, to a level six inches below the level of the adjacent paved surfaces. A six-inch lift of hot mix asphalt, Mix I-2, shall then be installed to grade.
(ii) 
These temporary surfaces shall be left in place for a period of not less than 45 days to allow sufficient settlement to occur. Should settlement continue to occur, the City Engineer shall determine when the work is acceptable for final restoration. The permittee shall be responsible for all maintenance deemed necessary by the City Engineer until such time as the final restoration is completed.
(c) 
Final Restoration.
(1) 
Less than 100 square feet.
(i) 
For openings less than 100 square feet, the final restoration will involve the removal of the top two inches of bituminous concrete cold patch. All edges shall be saw cut six inches beyond the actual trench width disturbed to produce a clean edge, and said edges shall be prepared with an asphaltic tack coat. A two-inch lift of hot mix asphalt surface course, Mix I-5, shall then be placed to a level even with the existing road grade.
(2) 
Greater than 100 square feet.
(i) 
For openings greater than 100 square feet, the trenches shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench width to produce a clean edge. All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of hot mix asphalt surface course, Mix I-5, being placed to a level even with the existing road grade.
(d) 
No surface water shall be entrapped or ponded on the resurfaced areas. If any ponding occurs, the permittee will be responsible for performing whatever remedial action is required by the City Engineer.
4. 
If more than two individual excavations would be required within a 100-foot length, a single trench must be used rather than the individual excavations. Final restoration will require a minimum of 1/2 width of the cartway. The trench shall be milled to a depth of two inches to a distance of at least 12 inches beyond the actual trench limit from the center line of the cartway to the curbline. (See construction detail at end of section.) All edges shall be coated with an asphaltic tack coat prior to a two-inch lift of hot mix asphalt surface course, Mix I-5, being placed to a level even with the existing road grade.
5. 
In all cases where concrete has to be removed prior to any excavation, saw cut methods of removal shall be used. The restoration of the concrete shall be according to the following specifications:
(a) 
It shall be NJDOT Class B with a class design strength of 3,700 psi at 28 days.
(b) 
It shall have a minimum thickness of not less than four inches for sidewalk, six inches for driveway aprons and eight inches for gutter.
(c) 
It shall have a minimum width of not less than five feet for sidewalks.
(d) 
It shall have control joints not more than five feet for sidewalk, 10 feet for curb and gutter and expansion joints not more than 20 feet for sidewalk, curb and gutter.
b. 
By the acceptance of such a permit, the applicant shall be deemed to have agreed to comply with the terms hereof, and upon his failure to do so to pay on demand any cost or expense that the City may incur by reason of any shrinkage or settlement in the excavated area resulting from such excavation if such shrinkage or settlement shall occur within three months from the time the surface thereof is restored.
[Amended 3-13-2024 by Ord. No. 1282-24]
No permit shall be issued for any street opening which would disturb the pavement of any road having been constructed, reconstructed or overlaid until a period five years after the completion of said construction, reconstruction or overlay, except in the event of an emergency or hardship as described below. The five-year period as articulated herein shall be calculated from December 31 of the year in which said road was constructed, reconstructed or overlaid and run five years thereafter.
a. 
Emergency Opening. In the event that an entity shall be required to open a street and/or roadway as a result of an emergency, said emergency opening shall be reviewed by the City Engineer, and if the said City Engineer shall determine that no such emergency existed, then the entity so opening the street and/or roadway shall have a fine imposed upon such entity in the amount of $5,000 for the first nonemergency opening, a fine of $10,000 for a second nonemergency opening, and a fine of $15,000 for a third nonemergency opening.
b. 
Hardship Condition. In the event in which a property owner has a hardship condition which requires a street opening permit to be issued contrary to paragraph a above, the City of Wildwood may grant relief if all of the following conditions are met:
1. 
A letter addressed to the City, c/o the City Clerk, is received detailing the hardship and necessity of opening the street in lieu of waiting the prescribed period of time.
2. 
Upon receipt of the letter, a public meeting date will be set for the Board of Commissioners to take formal action.
3. 
The property owner making request shall serve a notice to all property owners within 200 feet, by certified mail, return receipt requested, or by personal hand delivery, a minimum of 10 days prior to the public meeting.
4. 
The property owner shall file a copy of the notice served to adjoining property owners with an affidavit of proof of delivery of notice with the City Clerk at least three days prior to the public meeting. The notice must:
(a) 
Identify the property by street address and block and lot;
(b) 
State the reason for the hardship;
(c) 
State the type of size of the utility opening;
(d) 
Advise the adjoining property owners that if they have any objections, they must advise the City Clerk, in writing, as to their objections to proposed street opening at least three days in advance of the public meeting;
(e) 
State the date and time of the public meeting; and
(f) 
Be approved by the City Clerk prior to mailing
5. 
The Board of Commissioners shall consider the request at a public meeting and review all objections received in writing. Approval or denial of the request shall be through formal adoption of a resolution.
6. 
A request based solely on economic savings shall not be considered and will be automatically denied.
7. 
An additional fee of $500 will be assessed for all street openings applications located within the asphalt pavement.
c. 
Roadway restoration.
1. 
In the event that an emergency or hardship requires the opening of a roadway that has been resurfaced by the City during the previous five years, a full width, infrared restoration will be required. The restoration will consist of six-inch dense graded aggregate base course, and a six-inch hot mix asphalt base course, Mix I-2, brought to existing grade, within the excavated area. A full width, curb-to-curb milling two inches in depth to extend 20 feet beyond the limit of excavations will be performed after proper settlement in the trench area. The allowable time for the settlement shall be 45 days unless otherwise directed by the City Engineer. The final surface course shall be a two-inch hot mix asphalt surface course, Mix I-5. See detail at end of chapter.
2. 
Infrared restoration for repair of asphalt streets that are less than five years old and have been opened for utility work shall be utilized after the one-hundred-twenty-to one-hundred-eighty-day settlement period has elapsed.
(a) 
The following methods of construction shall apply:
(1) 
After completion of permanent restoration, the permittee shall provide infrared restoration.
(2) 
The area shall be swept clean of dirt, loose aggregate, or standing water.
(3) 
A chalk line shall be drawn 12 inches back from the seam of the original opening to use as a guide for raking.
(4) 
The infrared chamber shall be lowered over the repair, being sure to allow at least 12 inches to 18 inches of heated area beyond the perimeter of the original opening.
(5) 
To insure the proper heating time, the contractor shall check the surface temperature of the asphalt at seven minutes and every minute thereafter using an infrared thermometer so as not to allow the surface temperature to exceed 350° F. This is required since the ambient temperature, the color of the pavement, the size of the aggregate, and the moisture content influence the heating time.
(6) 
After the appropriate heating time (typically eight to 10 minutes), the asphalt surface will be softened to a depth of two to 2 1/2 inches.
(7) 
The infrared chamber shall be then removed from the heated area.
(8) 
The back side of a steel rake shall be used to neatly square off the repair, cutting 12 inches back from the original excavation along the chalk line.
(9) 
The area inside the repair shall be deeply scarified, taking special care to eliminate the original seam between the repair and the road.
(10) 
Approximately 1/2 to one inch of existing three-fourths-inch stones shall be raked out and removed from the patch.
(11) 
Maltenes rejuvenator shall be applied to the repair and surrounding heated asphalt surface. Emulsified maltenes recycling agent (rejuvenator) shall be applied in a ratio of 1:1 with water. This solution shall be well dispersed with a commercial-grade sprayer at a rate of eight ounces per square yard of heated area. This application area shall include both the area under repair as well as the area heated but left undisturbed around the perimeter of the repair. The application shall take place after the area has been scarified and just prior to the addition of new asphalt The rejuvenator replaces the light oil component of asphalt, which has oxidized out over time.
(12) 
Hot mix asphalt I-5 (1/4 to 3/8 aggregate) shall be added to the area to bring it up to proper grade and luted smooth.
3. 
Trench restoration may be permitted under special circumstances and at the option of the City of Wildwood and City Engineer for openings having a minimum impact on the longevity and serviceability of the street in question. See detail at end of section.
[Amended 3-13-2024 by Ord. No. 1282-24]
Before any permit is issued for any work in a public street, certain performance and maintenance sureties are to be posted with the City Clerk.
a. 
Performance Surety.
1. 
The performance surety shall be in the form of either a corporate guaranty bond or a surety guaranty bond issued by a company authorized to do business in the State of New Jersey, in a form satisfactory to the City Clerk and in the penal sum of 100% of the full amount of the total estimated construction costs. A certified check drawn in favor of the City of Wildwood for the same amount (100% of the total estimated construction costs) may be substituted for the performance surety. The estimated costs of the proposed work shall be based upon current market values, and said amount shall be prepared by the applicant and approved by the City Engineer.
2. 
In lieu of the above-mentioned performance surety, public utility companies or authorities may post an annual performance surety for $20,000 or for an increased amount determined by the City Engineer. The form of surety shall be approved by the City Solicitor.
b. 
Maintenance Surety.
1. 
In addition to the posting of a performance surety, and as a condition to the release of same, the City of Wildwood may, at their discretion, require the applicant to post a maintenance surety in the form of either a surety or guaranty bond issued by a company authorized to do business in the State of New Jersey, in a form satisfactory to the City Solicitor and in the penal sum of 15% of the performance surety. A certified check, drawn in favor of the City of Wildwood, for the same percentage (15% of the performance surety) may be substituted for the maintenance surety.
2. 
Public utility companies or authorities posting and continually maintaining a performance surety in accordance with this section will not be required to post a separate maintenance surety.
c. 
The applicant shall be responsible for all maintenance and repairs required at the site for a period of one year following completion of construction.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
All applicants and their agents and employees are required to be covered by a policy or policies of liability insurance. Said insurance shall provide coverage for public liability of at least $100,000 per person per occurrence, $300,000 per occurrence for bodily injury liability and at least $50,000 per occurrence for property damage.
b. 
A certificate of insurance that confirms the aforementioned coverage shall be submitted to the City Engineer whenever a performance surety is posted.
[Amended 3-13-2024 by Ord. No. 1282-24]
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and fire hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire escapes or fire-fighting equipment shall be kept free of debris, construction materials or other obstructions.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
The permittee shall erect and maintain suitable barriers to confine the earth from trenches or other excavations so as to encroach upon highways as little as possible.
b. 
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to vehicular and pedestrian traffic at all street intersections.
1. 
Vehicular crossings shall be constructed and maintained of plant, timbers and blocking of adequate size to accommodate vehicular traffic safely. Decking shall be not less than four inches thick and shall be securely fastened together with heavy wire and staples.
2. 
Pedestrian crossings shall consist of planking three inches thick, 12 inches wide and of adequate length, together with necessary blocking. The walk shall be not less than three feet in width and shall be provided with a railing, as required by the City Engineer.
c. 
Traffic control plans and devices shall conform to the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD).
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
The City shall not be responsible for any injury or damage to persons or property resulting from the negligence of the applicant or his servants, agents or employees in making, grading or filling any excavation permitted under the terms of this section.
b. 
This section shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured in the performance of any excavation work for which an excavation permit is issued hereunder; nor shall the City or any official or employee thereof be deemed to have assumed any such liability or responsibility by reason of inspections authorized hereunder, the issuance of any permit or the approval of any excavation work.
[Amended 3-13-2024 by Ord. No. 1282-24]
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof before the Judge of the City Court, be subject to a fine not exceeding $1,000 or to imprisonment in the City and/or county jail for a period not exceeding 90 days, or both. Penalties for violating the emergency road opening provisions are contained above in subsection 15-1.5a of the City Street Openings and Excavations Code.
[Amended 3-13-2024 by Ord. No. 1282-24]
Street openings and excavations performed by the City of Wildwood or agents of the City of Wildwood are exempt from the provisions of this chapter.
[Amended 3-13-2024 by Ord. No. 1282-24]
See Appendix I on file with the City Clerk and the Construction Office.
Every person owning, using or controlling pipes, conduits, ducts or other facilities under the surface of any street used for the purpose of supplying gas, electricity, communications, water or steam to or from the city or its inhabitants, or for any other purpose, shall file with the director accurate information showing the location, size and description of all installations.
On or before January 31st of each year, all persons subject to this section shall file with the director additional information showing all installations made or abandoned during the previous year. If no changes have been made to the installations during the previous year, a written statement to that effect may be filed with the director within the period of time specified above. Any person subject to this section may, at his option, elect to provide additional information throughout the year as it is available.
[Amended in entirety 3-13-2024 by Ord. No. 1282-24]
[Amended 3-13-2024 by Ord. No. 1282-24]
The owner of any premises in the City of Wildwood abutting a sidewalk or curb shall, at his/her own expense, keep and maintain such sidewalk or curb in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that such sidewalk or curb or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his own cost and expense, shall forthwith reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair. This section shall not apply to situations where, in an approved subdivision, a developer is required to install curbs and sidewalks and where responsibilities for construction and maintenance are more particularly delineated in the subdivision ordinance of the city. Additionally, the owner of any premises in the City of Wildwood abutting the sidewalk or curb shall, at his or her own expense, maintain such sidewalk or curb in a clean condition, free of debris, and shall also maintain, in a clean condition, that portion of the gutter/roadway abutting the sidewalk extending from the edge of the curbline to a distance of 18 inches into the street.
[Amended 3-13-2024 by Ord. No. 1282-24]
The City of Wildwood Engineer, Construction Official, or Code Enforcement Officers or their designees the are authorized to issue notices of violations upon a determination that a sidewalk or curb is in an unsafe or hazardous condition as required herein. Whenever any lands are occupied and the owner cannot be found within the city, said notice may be mailed, postage prepaid, to his or her post office address as it is ascertained from the latest tax rolls of the City of Wildwood. In a case where an owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then a notice may be inserted for four weeks, once a week in the official newspaper of the City of Wildwood.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
Application for permission to make an excavation in any City street between the curblines, driveways or in any sidewalk that disturbs less than forty (40) linear feet of curbing and/or 200 square feet of sidewalk shall be made to the City Construction Official. Such application shall be made on the required application form and shall be signed by the applicant and shall specify:
1. 
The applicant's name, address and phone number (local and out-of-town, if applicable);
2. 
The name, address and phone number of the person or firm who will be performing the work;
3. 
The length and width of such excavation;
4. 
The purpose for which the excavation is to be made;
5. 
The estimated time required to complete the work and restore the surface; and
6. 
Such other information as may be required by the City Engineer.
b. 
An administrative application fee of $50 shall be paid to the Construction Office prior to the issuance of the permit for all minor excavations of less than 40 linear feet of curbing or 200 square feet of sidewalk.
c. 
The applicant shall be responsible to provide all additional fees associated with multiple reinspections that are necessary due to defective workmanship, lack of coordination, lack of work progression and any aspect of work that is unacceptable to the City. The City Engineer shall advise the applicant, in writing, of said additional fee, if warranted.
d. 
If necessary, the area to be opened, disturbed or undermined by the applicant may be measured and determined by the City Engineer and the Department of Public Works.
[Amended 3-13-2024 by Ord. No. 1282-24]
All sidewalks, curbs and driveways, including repairs, replacement and reconstruction thereof, shall be constructed to the strict line and grade as established by the City Engineer and of the materials as specified by this section. See Appendix I on file with the City Clerk and the Construction Office.
a. 
Concrete Curbs.
1. 
Concrete curbs shall be 16 inches in depth having a top width of six inches and a bottom width of eight inches. The top and face shall be troweled to produce a smooth finish. The face shall be troweled to a depth of nine inches. Mechanical vibration of the concrete will be permitted to produce a smooth curb face. Where vibrating produces the desired uniform smooth surface, troweling will not be required.
2. 
Expansion joints shall be provided at twenty-foot intervals along the curb and shall consist of one-half inch premolded compressible material.
b. 
Concrete Sidewalks.
1. 
Concrete sidewalks shall be four inches in depth having a width of four or five feet which shall be determined by the width of existing sidewalk on any particular street. The sidewalk shall be finished with a wooden float to provide a uniform surface.
2. 
Grooves shall be formed at intervals, equal to the width of the sidewalk and expansion joints provided at twenty-foot intervals and shall consist of one-half inch premolded compressible material.
3. 
Sidewalks shall be located within the sidewalk area in accordance with the established practice on any particular street and shall slope upward from the established curb grade toward the property line at the rate of one-quarter inch per foot.
c. 
Materials. The following shall govern the type of materials to be used:
1. 
Mix. Concrete shall consist of one part portland cement, two parts of sand and four parts of coarse aggregate using only sufficient water to make a workable mix.
2. 
Cement. Cement shall be approved portland cement.
3. 
Sand. Sand shall be clean washed concrete sand.
4. 
Coarse aggregate. The coarse aggregate shall be five-eighths inch or three-fourths inch broken stone or washed gravel and shall be in practical compliance with the requirements for five-eighths inch or three-fourths inch as indicated in the 2019 NJDOT Standard Specification for Road and Bridge Construction, including updated revisions.
d. 
Whenever a sidewalk corner curb is repaired or replaced, the repair or replacement shall comply with the requirements of the Americans with Disabilities Act (ADA), requiring a ramp leading from the sidewalk to the road, through the curb, so as to provide a smooth unrestricted passageway between the road and the sidewalk. In connection with the repair or replacement of any other curbs, the same compliance with ADA may be required, depending upon the availability of other ramps in the general vicinity. The owner and/or contractor doing the work must apply at the City Construction Office for a permit and shall be advised of the applicability of the ADA requirements at that time. Specifications therefor are on file in the City Construction office.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
The responsibility of maintaining the existing sidewalk, curb, and private driveway, all lying within the bed of a public street, is upon the contiguous property owner, who should maintain said areas so that they do not become dangerous to the public. Said owner should replace, reconstruct, or repair same as needed. The responsibility of said owner does not depend upon being notified to make a repair by the City. However, in the event the City of Wildwood should determine that any existing sidewalk, curb or driveway, which is located within the public right-of-way, is in such condition that it has become dangerous to the public, or is in such condition that it should be replaced, reconstructed, or repaired, or does not conform to the provisions of this chapter, the City of Wildwood Engineer, Construction Official, or Code Enforcement Officers or their designee is authorized to give notice to the property owner to replace, repair or reconstruct the same within 30 days from the service of such notice. Permitting for minor replacement, reconstruction, or repair, 40 linear feet of curbing, 200 square feet of sidewalk, or less; see subsection 15-4.3. Permitting for major replacement, reconstruction, or repair of sidewalk or curbs, anything over minor, see subsection 15-1.1.
b. 
Whenever any lot, tract or parcel of land is located in an area where public convenience and necessity require the construction of a curb or sidewalk, or both, the Construction Official is hereby authorized and empowered to give notice to the property owner to cause the same to be constructed within 30 days from the service of the notice. Such areas are intended to mean those where the general public would be likely to pass or repass with reasonable frequency; those located where the lands abutting have improvements erected thereon, and lands located in a vicinity which has been developed by the construction of improvements on other lands.
[Amended 3-13-2024 by Ord. No. 1282-24]
In the event the owner does not make the replacement, repair or reconstruction as required by the notice and the provisions of subsection 15-4.5 hereof, the City may make the necessary replacement, repair or reconstruction, and the cost of the work shall be assessed against the lands of the owner in the manner prescribed by law. Additionally, whenever directed to act by the Board of Commissioners specific instances, the Construction Official shall utilize the provisions of N.J.S.A. 40:65, by giving notice to the owner that unless the owner completes the particular replacement, repair or reconstruction of a sidewalk, curb or driveway within 30 days after service of the notice, the City will make the improvement at the sole expense of the owner. The cost of the work shall be assessed against the real estate of the owner in the manner prescribed by law. All applicable provisions of N.J.S.A. 40:65 shall be followed.
[Amended 3-13-2024 by Ord. No. 1282-24]
a. 
The Construction Official is hereby empowered to enforce this section and several provisions thereof. The Official is hereby further empowered to enforce the discretionary powers which are considered necessary in order to make the provisions hereof properly effective and useful for the benefit of the public.
b. 
In order to prevent injustice, the possible abuse of discretion and to correct the possibility of error in judgment, any owner who receives a notice from the Construction Official has the right to appeal to the Board of Commissioners by filing a notice of appeal with the City Clerk within the thirty-day period heretofore mentioned. Upon receipt of any such notice of appeal, the Board of Commissioners will hear the appeal at its next regular meeting, at which time the owner and any other persons appearing in the matter will be heard or afforded the opportunity to be heard. After the hearing the Board of Commissioners will consider the matter, reach a decision and notify the owner thereof.
c. 
Any person, firm or corporation violating any of the provisions of this section shall, upon conviction thereof before the Judge of the City Court, be subject to a fine not exceeding $1,000 or to imprisonment in the City and/or county jail for a period not exceeding 90 days, or both. Each day's persistence in the things or acts prohibited by this section shall be and constitute a separate and distinct offense subject to any and all penalties prescribed in this section.
[Added 9-23-2020 by Ord. No. 1175-20]
Any person seeking the vacation of a street pursuant to N.J.S.A. 40:67-1 et seq. shall make such request to the City Clerk, in writing. Said request must include an identification of the applicant's property, and a depiction of the premises to be vacated, and a list of all owners of adjacent property, with current mailing addresses. Consent from all affected adjacent landowner(s) shall be submitted with said request. The consent shall include the adjacent landowner(s) street address and block and lot number.
[Added 9-23-2020 by Ord. No. 1175-20]
a. 
Upon receipt of the request and consents, the City Clerk shall forward a copy of the request and consents to the Administrator for review. He/she shall also forward a copy of the request to the following for investigation and submission of reports:
1. 
City Solicitor;
2. 
City Engineer;
3. 
Superintendent of Public Works;
4. 
Zoning Officer;
5. 
Tax Assessor.
b. 
The aforementioned group shall determine whether the roadway is needed for any future City land development, municipal facilities such as storm drainage, or recreational facilities; is under Green Acres jurisdiction or was ever used for municipal recreational purposes in the past; or whether the utility companies have need for the right-of-way.
[Added 9-23-2020 by Ord. No. 1175-20]
The applicant shall pay a minimum fee of $500 to cover the initial costs incurred by the City in processing the application. In addition, the applicant shall reimburse the City for the legal and engineering costs incurred by the City in preparation and review of the vacation ordinance. Said sums due and owing shall be certified to the City Clerk by the City Solicitor and City Engineer. The City Clerk shall further certify the costs of public advertising and recording fees. The total amount due and owing for reimbursement for the legal, engineering, publication and recording fees shall be paid by the applicant prior to the adoption of the vacation ordinance.
[Added 9-23-2020 by Ord. No. 1175-20]
Prior to preparation of the vacation ordinance, the applicant shall prepare or have prepared on its behalf, the following:
a. 
Title search of the area to be vacated and the adjacent landowner's properties for determination on the means in which the City acquired its interest in the roadway. Said title searches shall be forwarded to the City Solicitor for his review.
b. 
Survey maps and metes and bounds descriptions of the area to be vacated and the method of division of the vacated property subsequent to adoption of the ordinance. The survey map shall indicate all existing encumbrances, drainage facilities, utility locations and any other topographical feature pertinent to the area to be vacated. The maps shall depict the portions of the street or right-of-way to be conveyed to each abutting property owner having interest in the title to the centerline of the street to be vacated, unless the title searches disclose that the interest in title is otherwise. In that event, it shall show to the appropriate line required, based upon the chain of title, of the street to be vacated. The description for all of the vacated streets shall be prepared by metes and bounds for the vacation ordinance. The ending statement of the vacation description shall include the following wording:
"The above description is and is intended to be all of that portion as shown on the Official Tax Map of the City of Wildwood. It is further intended that all rights of the public which may exist are to be vacated within the portion of the right-of-way described, reserving there out and therefrom all rights and privileges now possessed by public and private utilities to maintain, repair and replace their existing facilities in, adjacent to, over or under the roadway being vacated, including but not limited to, gas, water, cable, telephone, electric, sanitary sewers, storm sewers and any appurtenances and rights of ingress and egress relating thereto. The description has been prepared in accordance with the map entitled __________."
[Added 9-23-2020 by Ord. No. 1175-20]
Upon certification by the City Solicitor and City Engineer that all necessary documents are in order, the City Solicitor shall prepare a vacation ordinance for discussion and introduction by the Board of Commissioners. The Board of Commissioners shall adhere to the procedures set forth in N.J.S.A. 40:67-1 et seq. and N.J.S.A. 40:49-2 with regard to introduction, publication, public hearing and adoption of said ordinance. In addition, the City Clerk, after introduction of said ordinance, shall notify by certified mail, return receipt requested, all adjacent and adjoining property owners within 200 feet of the proposed road vacation area, of the introduction of the ordinance and advise them of the date of public hearing at which they may attend and make their comments known. Upon adoption of the ordinance, the City Clerk shall record same with the County Clerk of the County of Cape May as required by law. Upon certification from the County Clerk that the ordinance has been recorded, the necessary tax records shall be revised by the City Assessor and the vacation indicated on the Tax Map of the City of Wildwood.
[Added 9-23-2020 by Ord. No. 1175-20]
The obligation of the City with regard to the adopted vacation ordinance shall cease with its recording of same with the County Clerk and updating of its tax map. In the event that the applicant or the adjacent property owners who may receive an interest in the vacated area wish to have a deed prepared evidencing the property vacated, such deed shall be the obligation of the owner acquiring title to said portion of the roadbed. In the event that any such deed is prepared, it shall describe, by metes and bounds, the original property, including within the description that portion of the street being incorporated with the owner's original land holdings. The deed shall contain a reference to the new tax lot number created and assigned to the combined lot and the road vacation area as determined by the City Assessor. It shall also include a reference to the survey map upon which the deed description is based and a reference to the ordinance number by which the portion of the street was vacated. The deed shall be transferred by the owner to themselves.