[Amended 12-18-2018 by Ord. No. 1770]
All streets shall be provided with manholes, catch basins and pipes where the same may be necessary for proper drainage.
A. 
The system shall be adequate to carry off the stormwater and natural drainage water which originates within the lot or tract boundaries. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems to create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.
B. 
Techniques for computing water runoff shall be as prescribed by the City Engineer.
C. 
Bridges and culverts shall be designed for 100-year storm minimum flow capacities.
D. 
All materials used in the construction of storm sewers, bridges and other drainage structures shall be in accordance with the specifications of the Standard Specifications for Road and Bridge Construction, 1983, as prepared by the New Jersey Department of Transportation, and any supplements, addenda and modifications thereto unless otherwise specified by the City Engineer.
E. 
Pipe sizes shall be determined by acceptable drainage design procedures, provided that the pipe size in a surface water drainage system shall in no instance be less than 15 inches in diameter. Moreover, underground pipes ordinarily shall be perforated in order to recharge the drained water into the ground. All piping and the manner installed shall be subject to approval by the City Engineer.
F. 
Stormwater may be required to be detained or retained on site in a manner and at a quantity as required by the City Engineer.
G. 
Drainage inlets shall be located at all intersections, with inlets on both sides of a street at intervals of not more than 400 feet or such shorter distances as required to prevent the flow of surface water from exceeding six cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum 500-foot intervals throughout the system and at pipe junctions where there are no drainage inlets.
H. 
Lots shall be graded away from the building(s). Additionally, drainage shall be provided in a manner which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and water shall not flow across adjacent property lines at greater than predevelopment rates.
I. 
Approval of drainage structures shall be obtained from the appropriate municipal, county, state and federal agencies and offices. Where required, each applicant shall make application to the Division of Water Resources of the State Department Of Environmental Protection And Energy, the Cape May County Engineering Department and the City Engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the Secretary of the Planning Board, with a copy of each letter forwarded to the City Engineer.
J. 
When required by the municipality and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the City where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map on Master Plan. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Land Development Ordinance of the City of North Wildwood."
A. 
All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. All poles, posts, etc., shall be erected on the inside of the fence. No fence shall be erected of barbed wire, broken glass, topped with metal spikes, nor constructed of any material or in any manner which may be dangerous to persons or animals.
B. 
All fences shall be constructed and maintained to withstand a wind load of no less than 15 pounds per square foot. Construction materials may be of wood board (picket or panel), metal chainlink fabric, picket or bent selvage on tip, or concrete panel; but shall not be solid concrete or concrete block. All materials shall be treated against infestation and corrosion.
C. 
All fences shall be symmetrical in appearance, with posts separated by identical distances, with the fencing conforming to a definite pattern and uniform design. Fences shall be kept in good repair, shall be regularly painted, and shall be maintained in a clean condition.
D. 
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over four feet in height in front yards, five feet in height in side yards, and six feet in height in rear yards with the following provisions:
(1) 
A dog run may have fencing a maximum of six feet in height, provided such area is located in rear yards only and is set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Article IV.
(2) 
A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet in height. Swimming pool areas shall be located in side and rear yards only. See § 276-42 for additional standards.
(3) 
A tennis court area, located in rear yards only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Article IV.
(4) 
Schools, playgrounds and parks in any district and commercial and industrial uses may erect security fences to control ingress and egress to all or part of the lot. Said fence shall be no more than 10 feet in height and constructed with a ratio of the open portion to the solid portion being not less than 6:1.
E. 
Retaining walls shall be permitted provided they are located up to and inside of existing property lines, and they will be permitted to be a maximum of two feet high from grade. Any retaining walls which are proposed to be higher than two feet from grade will require variance relief from the Planning Board. Any visible side of a retaining wall which fronts a public street must incorporate decorative features such as stucco, brickface or a similar finished surface in order to improve the aesthetic appearance of said retaining wall. Retaining walls must be set back a minimum of six feet from the public right-of-way, and in the event a property owner elects to construct/incorporate a fence above the proposed retaining wall the height of the combined structure must conform to current maximum fence heights as set forth within § 276-30D.
F. 
Sight triangle areas shall be required at intersections and driveways entering public streets, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line, except for utility poles, street signs, fire hydrants and light standards. The "sight triangle" is defined as that area outside of the curb line and the straight line connecting sight points, one located on each curbline or driveway center line at a distance of 25 feet or one foot for each mile of allowed street speed limit, whichever is greater, or 15 feet along the center line of a driveway. Sight triangle easements shall be required for any new development and such easement dedication shall be expressed on the plat or plan as follows: "Sight triangle easement deeded for purposes provided for and expressed in the Land Development Ordinance of the City of North Wildwood."
A. 
Street lighting of a type supplied by the utility and of a type and number approved by the City Engineer may be required at all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons.
B. 
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights focused downward. The light intensity provided at ground level shall be indicated in footcandles on the submitted site plans and shall average at least 0.5 footcandle at intersections and 0.3 footcandle elsewhere in the area to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source.
C. 
Any outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objectives of these specifications is to minimize undesireable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval.
A. 
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
B. 
Each lot must front upon an approved street.
C. 
All lots shall be suitable for the purpose(s) of their intended use. Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, the Board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.
D. 
Concrete monuments shall be installed on both sides of all streets and elsewhere in accordance with the requirements of the New Jersey Map Filing Act.[1]
[1]
Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L. 2011, c. 217, § 2. See now N.J.S.A. 46:26B-1 et seq.
[Amended 12-19-2023 by Ord. No. 1923]
A. 
Natural features such as trees, natural terrain, and open waters shall be preserved whenever possible in designing any development containing such features.
B. 
The stripping of topsoil and the excavation of clay, sand, gravel, rock or other such material shall be permitted and the material thus excavated may be sold only under the following conditions and in conformance with the requirements of this chapter:
(1) 
As part of the construction of a building or the construction or alteration of a street.
(2) 
The surface of the lot shall not be graded to a level below that of adjoining properties.
(3) 
Stripped and excavated materials are not required for the final grade and landscaping of the property.
(4) 
Stripped and excavated materials are changed or renewed in compliance with the provisions of this chapter and as part of any submitted landscaping plan and/or any condition of subdivision or site plan approval.
C. 
Landscaping attributes and/or materials as defined in § 276-7. See also § 276-35 for driveway and landscape design criteria for front yards.
D. 
Other provisions of this chapter notwithstanding, in any residential zoning district, the entire lot, except for areas covered by buildings or surfaced as parking, recreation or service areas, shall be landscaped in accordance with landscaping as defined in § 276-7 and in accordance with an overall landscape plan consistent with the natural coastal surroundings. All landscaping shall be properly maintained throughout the life of any residential use on said lot/property. In the front yard, as defined, the landscaped area, there shall be no more than 50% for concrete/pavers/hardscape for driveways, walkways, ground-level patios (i.e., impervious coverage) as decorative hardscape. The rest of the 50% front yard shall be landscaped. A minimum of 30% shall be reserved for grass, plantings and mulched areas. There shall be no more than 20% maximum for loose stone and/or decorative pavers.
E. 
All stone, rocks and/or gravel to be used in front, side and/or rear yard(s) shall be placed over water-permeable filter fabric, and any use of plastic or other impermeable material as a weed barrier is prohibited and same will be attributed to overall imperious coverage. Landscaping stones, including but not limited to Belgian block, shall be permitted or other comparable and suitable materials to act as a border to prevent the stones from getting on the sidewalk, curb, driveway, driveway apron and/or curb gutter area. Any landscaping stones used in this manner shall not constitute a tripping hazard in the City’s street right-of-way.
A. 
Lots.
(1) 
Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the City in order to meet the minimum street width requirements of the Official Map or Master Plan of the City, the Construction Official shall issue construction and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
(2) 
Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided the existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question; the total permitted building coverage is not exceeded; the accessory building and/or addition does not violate any other requirements of this chapter such as, but not limited to, height, setback and parking and does not increase any existing nonconformity; and the lot is not reduced in size.
(3) 
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the two or more contiguous lots of said owner shall be considered as a single lot for the purposes of this chapter.
B. 
Structures and uses.
(1) 
Any preexisting nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be repaired in the event of partial destruction thereof.
(2) 
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a conforming structure containing a nonconforming use, including renovation which may require structural alterations or reconstruction.
(3) 
No structure containing a nonconforming use shall be enlarged, extended, or constructed in any manner without an appeal for variance relief. A nonconforming use may be extended within building in which it is located, provided that the building was manifestly designed for such use at the time of the adoption of this chapter and no use shall be extended outside the building. An addition of a second story, or part thereof, or the addition of lands associated with any alteration or improvements to a structure containing a nonconforming use, shall require variance approval pursuant to N.J.S.A. 40:55D-70d.
(4) 
Except, where title to contiguous lot(s) is held by the same owner, any existing building or structure located on an existing lot which does not meet the applicable minimum lot size requirement of this chapter, or any existing structure which violates any yard requirement of this chapter, shall be permitted to construct additions to the principal building and/or construct accessory buildings without an appeal for variance relief, provided:
(a) 
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question;
(b) 
The total permitted building and lot coverages and floor/area ratio stipulated in this chapter for the permitted use(s) are not exceeded; and
(c) 
The accessory building and/or addition to the principal building do not violate any requirements of this chapter such as, but not limited to, height, yard setbacks and parking.
(5) 
(Reserved)
(6) 
Any nonconforming use or structure which has been changed to a conforming use or structure shall not be changed back again into a nonconforming use or structure.
(7) 
Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided all other provisions of this chapter and other applicable laws are met.
(8) 
Any residential dwelling, whether a conforming or nonconforming use in the district in which it is located, and which is completely or partially destroyed by fire or other acts of nature, may be rebuilt on the same lot within the periphery of the same foundation even if the lot is undersized for the district.
(9) 
Any detached single-family dwelling located on an existing lot of record or any isolated vacant lot within the R-1, R-1.5 and R-2 Zoning Districts which does not meet the applicable minimum lot requirements of this chapter shall be permitted to be demolished and rebuilt, or a new construction built or an addition constructed thereon without variance relief, provided:
(a) 
The total permitted building and lot coverages, including impervious coverages, if applicable, stipulated in this chapter for the detached single-family dwelling on the lot in question are not exceeded.
(b) 
The proposed detached single-family dwelling on the lot conforms with the applicable yard requirements and parking requirements of this chapter except as follows:
[1] 
On lots having a lot frontage of 30 feet, the side yard setbacks shall total 10 feet (six feet for a corner lot having one side yard setback) with minimum setbacks of four feet (six feet for a corner lot having one side yard); and
[2] 
On lots having a lot frontage of 40 feet, minimum side yard setbacks shall be six feet per side yard.
(c) 
The maximum building height (as defined in § 276-7 of the Code of the City of North Wildwood) of the proposed detached single-family dwelling or a new construction built or an addition constructed thereon on the lot shall be reduced as shown in the applicable table(s) below. For lot frontages not listed, maximum building height shall be reduced to the next lowest height shown:
[1] 
For the R-1 Zoning District:
Type of Lot
Minimum Required Lot Frontage
(feet)
Maximum Building Height
(feet)
Required
50
36 or 3 stories, whichever is less
Undersized
45
32 or 3 stories, whichever is less
Undersized
40
28 or 2 stories, whichever is less
Undersized
35
26 or 2 stories, whichever is less
Undersized
30 or less
24
[2] 
For the R-1.5 Zoning District:
Type of Lot
Minimum Required Lot Frontage
(feet)
Maximum Building Height
(feet)
Required
40
36 or 3 stories, whichever is less
Undersized
35
27 or 2 stories, whichever is less
Undersized
30 or less
24 or 2 stories, whichever is less
[3] 
For the R-2 Zoning District:
Type of Lot
Minimum Required Lot Frontage
(feet)
Maximum Building Height
(feet)
Required
40
36 or 3 stories, whichever is less
Undersized
35
27
Undersized
30 or less
24
(d) 
No building or addition constructed thereon shall be constructed under this subsection on a lot less than 30 feet wide without variance relief and/or Planning Board approval. In such case, the same lot frontage/width, building height and side yard setback ratios shall be employed as defined in the applicable table above and referenced herein.
(e) 
In keeping with the traditional seashore architecture of the single-family homes in North Wildwood, no building constructed under this subsection shall have a flat or mansard roof. All roofs for buildings so constructed shall be of gable, gambrel or hipped roof design and shall employ a slope of not less than four in 12, with steeper pitches encouraged. Parapets, cornices and similar architectural features shall be articulated and appropriately decorated. Architectural elements such as porches, bays and dormers are encouraged, to add interest and variety to the visual landscape.
A. 
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 276-31. All parking facilities providing five or more parking spaces shall be lighted.
[Amended 5-16-2023 by Ord. No. 1899]
B. 
Paving and curbing.
(1) 
All paved parking and loading areas and access drives shall be paved as outlined below unless otherwise specified by the appropriate municipal agency and approved as part of the development application approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.
(a) 
Areas of ingress or egress, loading and unloading areas, parking areas, interior driveways or access aisles and other areas likely to experience heavy traffic shall be paved with not less than six inches of soil aggregate base course prepared and constructed in accordance with City requirements as shown on the Typical Section(s) provided for in the Appendix[1] and any other specifications & amendments thereto.
[Amended 5-16-2023 by Ord. No. 1899]
[1]
Editor's Note: Said Appendix is on file in the City offices.
(b) 
Where subgrade conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the City Engineer. Where required by the City Engineer, a system of pourous concrete pipe subsurface drains or an alternate solution approved by the City shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described hereinabove, shall be spread thereon.
(2) 
All off-street parking lots providing five or more parking spaces shall have adequate designations to indicate traffic flow and parking spaces.
[Amended 5-16-2023 by Ord. No. 1899]
(3) 
All required off-street parking spaces shall be nine feet wide by 18 feet long and be located inside the property lines of the property. In the case of residential structures with garage/driveway parking, a minimum of 20 feet from the property line to garage façade is required.
[Amended 5-16-2023 by Ord. No. 1899]
(4) 
All off-street parking and loading areas shall be clearly delineated or shall be provided with either curbing or curb stops so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street rights-of-way and so that each parking and loading area has controlled entrances and exits and drainage control. Curbing or wheel stops shall be located to prevent any part of a vehicle from overhanging internal sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way. All required off-street parking spaces shall be oriented perpendicular to any street and/or property lines, especially for residential use, except for any parking lot with more than five parking spaces. At no time shall required parking spaces for residential uses be oriented so that parking spaces are parallel to any street and/or property line, except for instances of corner lots where parking may be adjacent to a side property line.
[Amended 5-16-2023 by Ord. No. 1899]
(5) 
A buffer planting strip not less than five feet in width shall be provided between any property line which abuts a residential use or district and any parking area with five or more parking spaces.
(6) 
At least 50% of the lot frontage of the front yard, as defined from the property line inwards towards the proposed building, shall be contiguous raised curb with landscaping only. Design of the front yard shall also consider any driveway for access, required parking and any front yard walking path, exclusive of the 50% requirement. Hardscaping of the complete front yard area is prohibited. Landscaping is to be provided in accordance with § 276-7 and § 276-33. Landscaping of the utility strip, commonly between the curb and sidewalk, need not be landscaped, but must be in accordance with City Typical Section for same. The utility strip can be hardscaped with pavers, concrete or ornamental stone. The intent of the raised curb is to provide as much on-street parking as possible and to provide an open, landscaped area along the front of the property from the sidewalk to the front of the structure.
[Amended 11-21-2023 by Ord. No. 1921]
(a) 
In all zones other than R-1 and R-2, the Planning Board, at the time of site plan review, shall have the discretion to consider other than 50% contiguous raised curb. For example, if 50% raised curb would produce only one on-street parking space, the Board may consider the contiguous raised curb to be reduced to that required for one parking space (22 feet long). The Board may also consider the raised curb along adjacent properties in combination with the raised curb on the subject property that would result in the maximum number of on-street parking spaces being provided. In all instances, the development must provide a minimum of 25% of lot frontage with contiguous raised curb and 50% of lot frontage with noncontiguous raised curb.
C. 
Access. Each lot developed with a detached single-family dwelling unit or a two-family building shall be permitted only one curb cut per each full 20 feet of lot frontage; and each curb cut shall be a minimum 10 feet wide and the curb cut and access drive shall be located on the side property line. Each lot developed with other than a detached single-family unit or a two-family building shall not be so restricted; however, curb cut access shall be limited by the City Planning Board, as deemed necessary, in order to provide as few curb cuts as necessary, and no curb cut shall be more than 20 feet in width. In all instances, due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes shall be given. Curbing, where required, shall be depressed at the driveway, and the curbing may be rounded at the corners. Driveways and access to any public street, except for single-family or two-family dwelling units, shall be located at least 35 feet from the intersection of the street at the curbline and shall be designed in a manner conducive to safe ingress and egress.
D. 
Location of parking and loading. Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter, except that in cases when it is determined during site plan review that the requirements for on-site off-street parking cannot be met because of existing conditions, the location and adequacy of off-site parking spaces to service the use shall be specified on the site plan for approval by the Planning Board. All commercial parking spaces shall be provided within 200 feet of the front pedestrian access to the establishment. No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas. Parking may occupy front, side and rear yard areas subject to site plan approval. Where different specific activities with different parking requirements share the parking area, the total number of required parking spaces shall be the sum of the individual requirements for each activity.
E. 
Type of facility.
(1) 
Parking spaces may be on or above the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
(2) 
The provision of parking and loading spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking areas shall have the following minimum dimensions:
Angle of Parking Space
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90°
22
24
60°
18
20
45°
15
20
30°
12
18
Parallel
12
18
Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
(3) 
Stacked parking, where motor vehicles are parked one in front of the other and require, when fully utilized, the moving of one vehicle to allow the removal of another, is prohibited, except in the instance of residential units where two spaces are provided for a particular dwelling unit. Stacked parking is not permitted within an enclosed garage where vehicles must exit the site by backing out into the street. A car may be stacked in front of the garage if there is a minimum of 20 feet from the garage façade to the property line.
[Amended 5-16-2023 by Ord. No. 1899]
(4) 
Where the separate designation of a specific loading space is not required for an activity, the required off-street parking area shall not be used for loading and unloading purposes except during hours when normal business operations are suspended.
F. 
Special standards applicable to the CBD Central Business District and D&E Dining and Entertainment permitted uses.
(1) 
Credit shall be given on a 50% basis (rounded to the higher number) for on-street parking spaces towards the nonresidential component of a project's parking requirement [e.g., seven on-street spaces will get credit for four on-site spaces (7 x 50% = 3.5 and 3.5 rounded to the higher number is four)]. The on-street spaces shall be directly adjacent to the subject property, be clearly indicated on the site plan, measure eight feet by 22 feet, and not interfere with loading or delivery operations, fire lanes, bikeways, bus stops, site triangles, pedestrian crossings or driveways.
G. 
Mechanical parking lifts. Mechanical parking lifts shall be prohibited in all zoning districts, other than a lift in a licensed automobile service station, or a lift located within the interior of a residential or commercial garage. Mechanical parking lifts located within a permitted garage shall not count towards the number of off-street parking spaces required by the NJ Residential Site Improvement Standards (NJ-RSIS) (N.J.A.C. 5:21-1 et seq.), City ordinance or decision of the City Planning Board.
[Added 5-3-2022 by Ord. No. 1870; amended 5-16-2023 by Ord. No. 1899]
An application for a construction permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the conditions that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. These provisions shall not apply to any sewage treatment plant which has received approval by the State Department of Environmental Protection and Energy.
A. 
Electrical and/or electronic devices. All electric or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the BOCA Basic Building Code as adopted by the State of New Jersey.
B. 
Glare. No use shall produce a strong, dazzling light or reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered, and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining units, adjoining districts or streets.
C. 
Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which could cause the temperature to rise or fall in any body of water, except that this provision shall not apply to any sewerage treatment plant which has received approval by the State Department of Environmental Protection and Energy.
D. 
Noise. Noise levels shall be designated and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection and Energy as they may be adopted and amended.
E. 
Odor. Odors shall not be discernible at the lot line or beyond. Any process which may involve the creation or emission or any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.
F. 
Storage and waste disposal.
(1) 
No flammable or explosive liquids, solids or gases shall be stored in bulk above ground; provided, however, that tanks or drums of fuel directly connected with energy devices, heating devices, or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision.
(2) 
No provision shall be made for the depositing of materials or waste upon a lot where they may be transferred off the lot by natural causes or forces or where they can contaminate an underground aquifer or otherwise render such an underground aquifer undesirable as a source of water supply or recreation or where they will destroy aquatic life. Provision shall be made for all material or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents and insects to be enclosed in appropriate containers to eliminate such hazards and stored outdoors. Such outdoor storage containers shall be surrounded by fencing and adequately screened from adjacent properties.
G. 
Ventilation. No use shall obstruct the natural ventilation of adjacent uses nor contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back within the building line.
H. 
Vibration. There shall be no vibration which is discernible to the human senses or which is at low or high frequencies capable of causing discomfort or damage to life or property.
I. 
Toxic and radioactive substances. There shall be no toxic or radioactive substances associated with any use.
J. 
Drainage. No stormwater or natural drainage which originates on the property or water generated by the activity (e.g., air conditioners, swimming pools, etc.) shall be diverted across property lines unless transported in an approved or existing drainage system.
K. 
Smoke control.
(1) 
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines.
(2) 
Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute time period.
(3) 
These provisions, applicable to visible gray smoke, also shall apply to visible smoke of a different color, but with an equivalent apparent opacity.
L. 
Control of dust and dirt, fly ash, fumes, vapors and gases.
(1) 
No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at any point.
(2) 
No emission of liquid or solid particles from any chimney, etc., shall exceed 0.3 grain per cubic foot of the covering gas at any point.
(3) 
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° F. and 50% excess air.
Unless otherwise specifically permitted within this chapter, no more than one principal dwelling, building or use shall be permitted on one lot.
A. 
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the installation of the distribution supply lines and service connections, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are on file with the New Jersey State Board of Public Utility Commissioners.
(1) 
Upon submission of preliminary plats or plans for approval, the developer shall present a statement of interest, setting forth all public utility companies to serve the tract.
(2) 
Prior to the commencement of construction, the developer shall furnish the City Clerk a copy of the agreements with the applicable public utility companies certifying the jurisdiction of the public utility company for the particular portion of the City; indicating agreement with the proposed utility installation design; and stating who will construct the facility so that service will be available prior to occupancy. The form of such agreement(s) shall be reviewed and approved by the City Attorney prior to the commencement of construction.
(3) 
The developer shall provide the City with four copies of a final as-built plan showing the installed location of the facilities.
B. 
Easements along property lines or elsewhere for utility installation may be required. Such easements shall be at least 20 feet wide and located in consultation with the companies or City departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Such easement dedication shall be expressed on the plat or plan as follows: "Utility right-of-way easement granted for the purposes provided for and expressed in the Land Development Ordinance of the City of North Wildwood."
Where a public waste water treatment plant and collection system is accessible or proposed, the developer shall construct sanitary sewer lines and building connections in accordance with New Jersey Department of Environmental Protection and Energy permit requirements and in such a manner as to make adequate sewage treatment available to each lot and building within the development.
A. 
General provisions. No signs shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises unless specifically permitted herein. Any sign having a message which in and of itself is lewd and licentious or advocates an act in violation of any municipal, county, state or federal law shall be prohibited. No signs shall be erected, altered or replaced which are not in accordance with the standards established in this chapter. No sign except traffic signs and those of a duly constituted governmental body shall be erected within the street right-of-way, nor shall any sign be placed on any property without the consent of the property owner. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, or other signs or windows of the building on which they are located. No signs shall be attached to trees, fence posts, stumps, utility poles, but shall be freestanding or attached to buildings in an approved manner. No sign shall be erected so as to project over the property line or emit any sound, odor or other nuisance beyond the property line or above 25 feet. All signs shall require a construction permit unless specifically exempted herein. The applicant shall furnish the Construction Official a fee as required and the necessary information from which to determine whether the subject sign meets the terms of this chapter. Within 20 business days after the filing for the permit, the Construction Official shall either issue or deny the permit and, if denied, the Construction Official shall indicate in writing the reason(s) for such denial.
(1) 
Animated, flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited except in and upon structures abutting and facing the Boardwalk in the OS District and in the P Pier District. Self-changing time and temperature signs, which alternately reflect the time of day and temperature by mechanical or flashing devices, are prohibited in all residential districts only.
(2) 
Height. No freestanding or attached sign shall be higher than 10 feet in residential districts and 25 feet in commercial or industrial districts, except that no sign shall exceed any lesser height if particularly specified. Where signs project beyond a building facade or wall over a pedestrianway, the lowest portion of the sign shall be at least nine feet above the walkway.
(3) 
Freestanding signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly imbedded in the ground. Exposed guy wires, chains or other connections shall not be a support of a freestanding sign.
(4) 
Illuminated signs. Illuminated signs shall be arranged to reflect the light and glare away from adjoining streets. No sign with red, green, blue or amber illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Illuminated signs shall not be erected in residential districts.
(5) 
Information and direction signs. Street number designations, household name plates, postal boxes, private property, on-site directional and parking signs and warning signs are permitted in all zones but are not considered in calculating sign area. No such sign(s) shall exceed two square feet in area, and such sign(s) shall not require a construction permit.
(6) 
Maintenance. Signs and, in the case of permitted freestanding signs, the mounting area on the ground level beneath the sign, must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated or unsightly.
(7) 
Political signs. Political signs temporarily giving notice of political campaigns shall be located on private property and shall be set back at least 10 feet from all side property lines and shall not exceed 16 square feet in area. Signs shall be permitted within 30 days prior to any municipal, county, state or national election and shall be removed within five days after the election. All such signs do not need a sign permit.
(8) 
Real estate signs. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be located on private property and, if not attached to the building, shall be set back from all street lines at least five feet. Signs shall not exceed six square feet in area. All such signs shall be removed at the expense of the advertiser within 30 days after the termination or completion of the matter of business being advertised. Sold signs shall be permitted between the signing of the contract of sale and the date of the legal closing. All real estate signs do not require a construction permit.
(9) 
Sign area. The area of a sign shall be measured around the edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.
(10) 
Signs with two exposures. Such signs shall be measured for area by using the surface of one side of the sign only. Both sides may be used.
(11) 
Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 inches from the building.
(12) 
Window signs. Interior window signs shall not be considered in computing the allowable signs; provided, however, that such interior signs shall not exceed 50% of the total window area.
(13) 
Flag of the United States of America. The flag of the United States of America may be displayed in all zones, provided that all permanently installed poles used to display the flag shall require a construction permit.
(14) 
Temporary signs. All signs permitted in the BOCA Building Code, not in excess of 120 square feet, shall be permitted. All temporary signs shall be displayed for a period of not more than 30 days.
(15) 
Parking lot signs. All parking lots within the City of North Wildwood shall be required to have signs which shall be constructed in accordance with the provisions of this section, as well as with the provisions of the general sign section of the Ordinances of the City of North Wildwood, except that freestanding signs shall not be permitted without a building having been constructed on the parking lot. Parking lot signs shall meet the following specifications:
(a) 
The price for parking must be posted numerically on the sign, and said sign and price must be visible to prospective users of the parking lot from the street immediately adjacent to the entrance of the lot.
(b) 
The lettering on the sign shall be of a color that shall contrast with the background color of the sign and shall be adequately illuminated. The minimum size for each letter shall be eight inches.
B. 
Street signs. Street signs shall be of the type, design and standard previously installed elsewhere in the City. The location of the street signs shall be determined by the City, but there shall be at least two street signs furnished at each intersection. All signs shall be installed free of visual obstruction.
C. 
Exceptions. Notwithstanding the provisions of this section, the City of North Wildwood may, in its absolute and sole discretion, or by contract or agreement, provide advertising for any business or use when such advertising is deemed to be in furtherance of the public good, health, safety and general welfare.
A. 
Streets.
(1) 
All developments shall be served by paved streets in accordance with the approved subdivision and/or site plan, and all such streets shall have an adequate crown. The arrangement of such streets not shown on the Master Plan or Official Map, as adopted by the City, shall be such as to provide for the appropriate extension of such streets.
(2) 
In all developments, the minimum public street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, provided that any new street that is a continuation of an existing street shall be continued at a width equal to that of the existing street, although a greater width may be required in accordance with the following schedule, unless otherwise determined by the City Engineer:
Right-of-Way Width
(feet)
Traffic Lanes Number
Width
(feet)
Shoulder Width Within Gutters
(feet)
Width Outside Gutters On Each Side
(feet)
Width Between Gutters and Curbs
(feet)
Collector
66
2
12
8
13
40
Local
50
2
15
10
30
(3) 
In the event that a development adjoins or includes existing streets that do not conform to the street width requirements of this chapter, additional land along either or both sides of the street, sufficient to conform to the right-of-way requirements, shall be dedicated for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way. The necessary deeds of ownership shall be furnished and the dedication shall be expressed as follows: "Street right-of-way granted for the purposes provided for and expressed in the Land Development Ordinance of the City of North Wildwood." If the development is along one side only, 1/2 of the required extra width shall be dedicated and the road shall be improved, including excavation, base course, surfacing and drainage improvements in accordance with the approved application, which may require that the improvements extend across the center line of the road.
(4) 
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street name that confusion results. The continuation of an existing street shall have the same name. The Board reserves the right to approve or name streets within a proposed development.
(5) 
The pavement width of streets and the quality of subsurfacing and base materials shall adhere to the minimum standards set forth by the County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the City, the following standards shall apply:
(a) 
All construction shall be in accordance with the Standard Specifications for Road and Bridge Construction, 1983, as prepared by the New Jersey State Department of Transportation and any supplements, addenda and modifications thereto.
(b) 
On all municipal roads, the base course shall be six inches of soil aggregate.
(c) 
The surface course for all municipal roads shall consist of two inches of Bituminous Concrete, Type FABC, Mix No. 1-5, applied according to the aforesaid New Jersey Department of Transportation specifications and amendments thereto.
(d) 
Where subgrade conditions of proposed street areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subgrade, the treatment of the subgrade shall be made in the following manner: The areas shall be excavated to a suitable depth below the proposed finished grade and filled with a suitable subgrade material as reasonably determined by the City Engineer. Where required by the City Engineer, a system of pourous concrete pipe subsurface drains or an alternate solution approved by the City shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the street surfacing material, as described hereinabove, shall be spread thereon.
B. 
Curbs. Curbing, either Belgian block, granite or concrete, is required along both sides of all streets. All curbing shall be laid in the manner approved by the City Engineer, including both horizontal and vertical alignments. Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the laws of the State of New Jersey.
(1) 
New curbs constructed in combination with new streets approved as part of a subdivision and/or site plan shall be constructed in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (NJSA 5:21-1 et seq.).
(2) 
Before any new construction work undertaken through a construction permit application and/or Board-approved resolution of approval, areas of curb and sidewalk in existing disrepair, as determined by the Zoning Official, shall be repaired as part of the new construction in accordance with City standards. 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 City standards.
(a) 
Whenever a sidewalk corner curb is repaired or replaced, the repair or replacement shall comply with the requirements of the American 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 constrained doing the work must apply at the City Zoning 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 Zoning Office.
C. 
Sidewalks and aprons.
(1) 
Existing sidewalks and aprons are required on both sides of all existing and proposed streets, and in accordance with approved City Typical Section. Pleas refer to Appendix XX.[1]
[1]
Editor's Note: Appendix XX is on file in the City offices.
(2) 
Existing sidewalks shall be at least five feet wide and shall be four inches to six inches thick, constructed on a subgrade properly prepared as required by, and with the approval of, the City Engineer and in accordance with approved City Typical Section. Please refer to Appendix XX.
(3) 
New sidewalks and aprons constructed in combination with new streets approved as part of a subdivision and/or site plan shall be constructed in accordance with the standards established by the New Jersey Residential Site Improvement Standards (RSIS) (N.J.S.A. 5:21-1 et seq.).
D. 
Liability of contiguous land owner and notice to repair.
(1) 
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 repair by the City. However, in the event the City of North 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 should be replaced, reconstructed, or repaired, or does not conform to the provisions of this chapter, the Zoning Officer 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.
(2) 
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 Zoning Official and/or 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 vicinity which has been developed by the construction of improvements on other lands. Whenever a notice is required by this chapter to be given by the Zoning Official and/or Construction Official, such notice shall be in writing. Service of the notice shall be by personal service upon the owner if the owner is domiciled in North Wildwood, or by service at the owner's place of abode upon any member of the owner's family who has attained 15 years of age. Service upon an owner who cannot be served as above set forth shall be deemed sufficient if mailed by registered mail or certified mail, with postage prepaid, to the owner at the owner's address as disclosed by the latest official records of the Tax Assessor.
(3) 
Work to be done by City.
(a) 
In the event the owner does not make the replacement, report or reconstruction as required by the notice and the provisions of this chapter herein, 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.
(b) 
Additionally, whenever directed to act by the Mayor and Council in specific instances, the Construction Official or the Zoning Officer 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.
(4) 
Enforcement. The Construction Official, Zoning Officer and Code Enforcement Officer hereby are empowered to enforce this article and the several provisions thereof. The Zoning Official and/or Construction Official are 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. In order to avoid injustice, the possible abuse of discretion and to correct the possibility of error in judgement, any owner who received a notice from the Construction Official, Zoning Officer and Code Enforcement Officer has the right to appeal to the Mayor and Council 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 Mayor and Council will hear the appeal at its 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 Mayor and Council will consider the matter, reach a decision and notify the owner thereof.
A. 
Private residential.
(1) 
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools and the fence surrounding it shall be located in side or rear yard area(s) only.
(2) 
A private residential swimming pool area must be enclosed by a suitable fence with a positive, self-latching gate at least four feet.
(3) 
A private residential pool may be lighted by both underwater or exterior lights, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. All standards used for exterior lighting shall not exceed 12 feet in height.
(4) 
A private residential swimming pool and all accessory equipment must be set back a minimum of four feet from the rear and side property line.
B. 
Public and commercial.
(1) 
The water area of any public or commercial pool or separate swimming tank shall be no closer to any property line than the setback distances prescribed for accessory uses in the applicable zoning district as prescribed in this chapter.
(2) 
The varying depths of the pool shall be prominantly marked in the pool as well as at the edge of the pool.
(3) 
The pool shall be lighted both internally and externally, but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. If any portion of the pool, part of the land devoted to the use of the pool, light standard or loud speakers are located closer to any residential building or any property line than 15 feet, adequate buffers of trees and shrubs shall be provided to protect against light and sound.
(4) 
The total land devoted to the use of the pool shall be enclosed with a fence no less than four feet in height.
(5) 
No pool shall be constructed or installed unless approved by the Board as part of a site plan approval. All pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the BOCA Basic Building Code, the National Swimming Pool Institute, or the Swimming Pool Code of New Jersey, 1970, whichever is more stringent.
Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines whenever possible.
A recycling area shall be required for all new multifamily housing developments.
A. 
Definitions. The following definitions shall apply to this section:
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.
RECYCLING AREA
Space allocated for collection and storage of source separated recyclable materials.
B. 
There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the Municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.
C. 
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but dearly separated from, a refuse dumpster.
D. 
The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
E. 
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
F. 
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
G. 
Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.