[HISTORY: 1968 Code Chapter 22 §§ 22-1 —
22-21 as amended through 12-28-2015. Amendments noted where applicable.]
A.
There is hereby established in the Borough of Wildwood Crest a State
Uniform Construction Code enforcing agency to be known as the "Department
of Inspections" consisting of a Construction Official, Building Subcode
Official and Fire Subcode Official, Plumbing Subcode Official, Electrical
Subcode Official, and such other subcode officials for such additional
subcodes as the Commissioner of the Department of Community Affairs,
State of New Jersey, shall hereafter adopt as part of the State Uniform
Construction Code. The Construction Official shall be the chief administrator
of the enforcing agency.
B.
Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq., as amended,
and N.J.A.C. 5:23, provided that, in lieu of any particular subcode
official, an on-site inspection agency may be retained by contract
pursuant to N.J.A.C. 5:23. More than one such official position may
be held by the same person, provided that such person is qualified
pursuant to P.L. 1975, c. 217 and N.J.A.C. 5:23 to hold each position.
C.
The public shall have the right to do business with the enforcing
agency at one office location, except for emergencies and unforeseen
or unavoidable circumstances. The location of said office shall be
located at 6101 Pacific Avenue, Wildwood Crest, New Jersey, 08260.
Appeals from decisions of the enforcing agency shall be heard
under the rules and regulations established by the Cape May County
Construction Board of Appeals.
[Ord. No. 1226, 11-4-2015]
A.
Fees shall be in accordance with the Uniform Construction Code and
as currently provided for in the New Jersey Administrative Code N.J.A.C.
5:23-4.20 and any amendments thereto.
B.
Any change in fee structure or charges in the Uniform Construction
Code, N.J.A.C. 5:23-4.20, shall be deemed to be incorporated herein.
C.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Board of Commissioners biannually a report
recommending a fee schedule based on the operating expenses of the
agency and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act. (See
N.J.S.A. 52:27D-119, et seq.).
D.
The administrative surcharge for private, on-site inspections and
plan review agencies pursuant to N.J.A.C. 5:23-4.18(j) shall be 50%
of the appropriate State of New Jersey subcode fee schedule. This
surcharge shall apply only to subcode areas for which the municipality
has a contract with the on-site agency.
For the purposes of this chapter, certain phrases and words
are herein described as follows: words used in the present tense include
the future tense; words used in the singular number include the plural
number and vice versa; words used to include the male gender include
the female gender and vice versa; the word "used" shall also include
"arranged," "designed," "constructed," "altered," "converted," "rented,"
"leased" or "intended to be leased;" the words "real property" include
the words "lot," "plot," and "premises;" the word "building" includes
the word "structure," "dwelling" or "residence;" the word "shall"
is mandatory and not discretionary. Any word or item not defined herein
shall be used with a meaning as defined in Webster's New International
Dictionary of the English Language, unabridged and latest edition.
Any real property upon which any person or entity proposes
to or does engage in the construction, reconstruction or demolition
(wholly or partially) of any building, structure or other improvement
located upon said real estate residential and commercial.
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
Any person or entity having an ownership interest in real
property.
[Added 9-18-2019 by Ord.
No. 1311]
Any person, entity, contractor or subcontract to whom a permit
has been issued to perform construction, demolition or any other work
on a construction site.
[Added 9-18-2019 by Ord.
No. 1311]
Every vehicle with or without motive power designed for carrying
persons or property and for being drawn by a motor vehicle.
[Amended 2-16-2022 by Ord. No. 1372]
[Ord. No. 1226, 11-4-2015; amended 2-16-2022 by Ord. No. 1372]
Beginning with the 15th of May and through the 15th of September, the demolition, removal or razing of buildings, structures or improvements to real property, pile driving activities or the raising of any structure shall be prohibited within the Borough of Wildwood Crest. No permit for such demolition, pile driving or lifting of a structure shall be issued during such period of time, and any such work must be complete, with the site returned to a finished condition, with the site clean and graded prior to May 15th. Any house raising permit issued prior to this moratorium period must be complete to the point of having the structure lowered onto and securely attached to the new foundation prior to the May 15th beginning of the moratorium. Notwithstanding this section, in the event of an emergency or in the event of a danger to person or property as determined by the Code Enforcement Official, Construction Official, Borough Engineer, or Board of Commissioners, a demolition permit may be issued during such period. See § 43-12.2F of the Code of the Borough of Wildwood Crest. Further, nothing in this section shall be deemed to prohibit pile driving in connection with the construction of a bulkhead as governed by § 43-12.2F.
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
During those times when commercial construction activities or
commercial landscaping activities are permitted upon construction
sites, the hours of operation shall be September 15 through May 15,
Monday through Saturday, 8:00 a.m. to 6:00 p.m.; May 16 through September
14, Monday through Friday, 8:00 a.m. to 6:00 p.m., and Saturdays 10:00
a.m. to 6:00 p.m.
A.
No work at all shall be permitted on any Sunday, Labor Day, Memorial
Day, and July 4th.
B.
Use of generators prohibited. All construction sites shall provide
for a temporary utility pole and electric power supply. Use of generators
to supply electric power during the period of construction is prohibited.
[Amended 2-16-2022 by Ord. No. 1372]
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
A.
Construction site plans identifying the proposed location upon a
construction site of all dumpsters, debris containers, construction
trailers, construction fences, silt fences, containment fences and
portable toilets, and including the emergency telephone contact numbers
of all contractors proposing to do any work upon the construction
site, shall be submitted to the Code Enforcement Officer and Construction
Office concurrently with application for construction or demolition
permits pertaining to the construction site.
B.
All contractor information, including the project manager's name,
company business address, email address, website if applicable, and
emergency contact phone or cell phone numbers of the project manager
who shall be available after hours and on weekends shall be displayed
and easily visible to the public and municipal officials at all times
on a sign or banner. All permits issued must be prominently displayed
in a waterproof box on the construction site.
A.
Permits required. Pursuant to N.J.S.A. 27:51.1, no person shall park or leave unattended any waste or refuse container, commonly known as a roll-off dumpster or roll-off container, on or along any street, highway or public property within the Borough of Wildwood Crest without first obtaining a permit from the Wildwood Crest Police Department. Application forms for a permit to place a roll-off dumpster or roll-off container upon a street, highway or public property within the Borough of Wildwood Crest shall be obtained from the Wildwood Crest Police Department in accordance with the provisions of § 37-14 of the Code of the Borough of Wildwood Crest.
B.
Dumpsters and debris containers required upon construction sites. All construction sites upon which construction or demolition activities thereon will generate any debris or solid waste shall be equipped with adequate and suitable receptacles, containers or dumpsters for the deposit of such debris or solid waste. All debris or solid waste generated by construction or demolition activities upon construction sites shall be deposited into the required receptacles, containers or dumpsters, and shall not be allowed to accumulate upon the construction site. Disposal of construction debris and solid waste shall be in compliance with Chapter 37 of the Code of the Borough of Wildwood Crest.
C.
Covers required. All debris receptacles, containers or dumpsters
located upon construction sites or adjacent thereto shall be equipped
with a cover of sufficient size so as to cover the entire container,
receptacle or dumpster and shall be attached in such a way so as to
prevent it from blowing off due to wind or other elements. Debris
containers, receptacles or dumpsters shall be covered between the
hours of 6:00 p.m. and 8:00 a.m. and during such periods of time when
no representative or agent of the owner, contractor and/or permittee,
is present upon the construction site so as to prevent any construction
debris or other refuse from escaping and becoming scattered throughout
the construction site or the general neighborhood.
[Amended 9-18-2019 by Ord. No. 1311]
D.
Containers to be emptied periodically. Debris containers, receptacles
or dumpsters located upon construction sites shall be emptied at periodic
intervals so as to prevent overloading, the escape of materials contained
therein and so as to prevent obnoxious odors or nuisances of any type
escaping therefrom during the period when construction or demolition
activities are taking place upon the construction site.
E.
Placement upon construction site. To the extent possible, debris containers, receptacles or dumpsters shall be located completely on construction sites rather than on streets, highways or public property; however, to the extent that they cannot be so located, then their placement and the permits therefor shall be governed by the provisions of § 37-14 of the Code of the Borough of Wildwood Crest.
A.
When required. Any construction site requiring the disruption or
disconnection of water or sewer service for a period of more than
72 hours or where water or sewer service has not yet been connected,
shall be equipped with at least one, but not more than two, portable
toilets. In the case of construction related to an existing multiple-unit
structure where water or sewer service will be disrupted for some,
but not all, of the units thereon, the provisions of this subsection
may be waived by the Code Enforcement Officer or Construction Official
upon presentation of adequate evidence demonstrating the availability
of continually operating toilet facilities accessible at all times
to all persons present on the construction site.
[Amended 9-18-2019 by Ord. No. 1311]
B.
Location of portable toilets. Whenever one or more portable toilets
are to be placed upon a construction site, they shall be located on
the construction site and not on a sidewalk, area designated for a
sidewalk, street or public right-of-way, and they shall be located
a minimum of 15 feet from all curblines and at such locations so as
to minimize adverse aesthetic conditions. The doors of such portable
toilets shall not face any street.
C.
Servicing. Portable toilets located upon construction sites shall
be serviced at regular intervals so as to prevent overloading, the
escape of materials contained therein and so as to prevent obnoxious
odors or nuisances of any type escaping therefrom.
D.
Portable toilets to be locked after hours. All portable toilets located
upon construction sites must be locked and secured between the hours
of 6:00 p.m. and 8:00 a.m. and during such periods of time when no
representative of the owner or permittee, as the case may be, is present
at the construction site.
[Amended 9-18-2019 by Ord. No. 1311]
A.
To leave standing or lying in or along the roadside, sidewalks or other public place in the Borough any wagon, cart, or other vehicle or conveyance, or to put in place or cause to be placed in or on any street, sidewalk or other place as aforesaid, any lumber, wood, stone, brick, lime, soil, mulch, gravel, barrels, boxes, coal, ashes, oyster shells, waste papers or other construction or landscaping materials, obstruction or rubbish in any form, except as otherwise provided in this ordinance, shall be deemed a nuisance. Any person or persons wishing to place or deposit in or along any street, sidewalk or other public place in the Borough any lumber, lime, cement, gravel or other building or landscaping material, and any person wishing to use any street, sidewalk, public place or part or portion thereof for the purpose of moving any building pursuant to Chapter 15 of the Code of the Borough, may procure the privilege of using said street, sidewalk or other public place temporarily by first obtaining consent therefor from the Police Department of the Borough.
[Amended 9-18-2019 by Ord. No. 1311]
B.
Application
to be made to the Police Department of the Borough setting forth the
nature of the use of said street, sidewalk or other public place desired,
the part or portions of said street, sidewalk or other public place
to be used and the length of time during which they are used.
C.
Exceptions:
Notwithstanding the foregoing, upon prior application to the Code
Enforcement Officer, building materials and landscaping materials
may be located upon designated portions of the street and sidewalks,
which are contiguous to the property upon which the building materials
or landscaping materials are to be used, but only between the hours
of 8:00 a.m. and 6:00 p.m. prevailing time. In conjunction with the
Wildwood Crest Police Department, the Code Enforcement Officer shall
designate the portion of the street and/or sidewalk area to be used
consistent with public safety.
[Amended 9-18-2019 by Ord. No. 1311; 2-16-2022 by Ord. No. 1372]
A.
Minor construction sites. Minor construction sites are defined herein
as those sites in residential zones with less than 80 feet of street
frontage, or a corner lot with less than 80 feet of street frontage
on either side. All minor construction sites must have a construction
fence, silt fence or containment fence installed prior to the demolition
or construction of any structure. All construction fences, silt fences
and containment fences located upon construction sites shall be placed
upon the construction site and not upon existing or proposed sidewalks
on the construction site so as to allow access to the public right-of-way.
All construction fences, silt fences and containment fences located
upon construction sites must be maintained in good condition during
the period of construction or demolition, as the case may be, and
shall be replaced or repaired immediately in the case of damage to
the fence. All sediment or silt from construction sites must be contained
on the construction site by construction fences, silt fences and containment
fences, and sediment or silt from construction sites shall not be
allowed to collect on any street, highway or sidewalk or within the Borough's
stormwater system. All construction fences, silt fences and containment
fences shall be constructed of the following materials and design:
posts shall be not less standard two-inch-by-three-inch lumber and
imbedded a minimum of 18 inches below grade and protruding no less
than 24 inches above grade every eight linear feet. Fencing material
shall be one-half-inch plywood or fabric no less than 24 inches in
height above grade. One eight-foot section may remain permanently
open for ingress and egress to the site.
B.
Major construction sites. Major construction sites are defined herein as those sites in a commercial zone, or in a residential zone with more than 80 linear feet of street frontage on any one street. In addition to silt and containment fencing as required above, all major construction sites must have a construction barrier fence consisting of a minimum five-foot-high screened fence as a visual barrier installed along all street frontage prior to the demolition or construction of any structure. The screened fence shall be placed upon the construction site and not upon existing or proposed sidewalks on the construction site so as to allow access to the public right-of-way. The screened fence shall be maintained in good condition during the period of construction or demolition, as the case may be, and shall be replaced or repaired immediately in the case of damage to the fence by wind or other cause. One eight-foot section may remain permanently open for ingress and egress to the site. The name and contact information of the construction company shall be placed prominently on the screened fence in a manner visible to the public pursuant to § 22-8.
C.
Stormwater grates. Stormwater grates within the construction zone
shall be covered with mesh screening in order to prevent debris from
washing into the stormwater system. Hay bales shall not be permitted
as stormwater barriers.
D.
Ingress and egress. Crushed concrete or gravel shall be placed at
sites of ingress and egress to the construction site in order to prevent
the depositing of soil and debris in the streets.
[Amended 9-18-2019 by Ord. No. 1311]
A.
All sidewalks located upon construction sites shall be maintained free from obstacles during construction or demolition, as the case may be. Contractors, permittee and/or owner must maintain a clean and safe walking environment for pedestrian traffic at all times, and are required to repair and replace sidewalks abutting any construction site in accordance with the provisions of Chapter 63, Sidewalks, Curbs and Alleyways, of the Code of the Borough of Wildwood Crest.
B.
If it is necessary to temporarily remove a sidewalk or any portion thereof that was damaged due to construction or demolition, such sidewalk area shall be immediately replaced pursuant to § 22-13A, or in the event of continued construction activities that would damage the sidewalk, the area removed shall be temporarily replaced with a stable surface that remains unchanged by contaminants or applied force, so that when the contaminant or force is removed, the surface returns to its original condition and that resists deformation by either indentations or particles moving on its surface and further shall be a slip-resistant surface providing sufficient frictional counterforce to the forces exerted in walking from a wheelchair to permit safe ambulation, only until such time as all construction activities that would cause damage to a sidewalk are completed, immediately thereafter the sidewalk shall be replaced in accordance with § 22-13A.
[Ord. No. 1226, 11-4-2015]
A.
Semi-trailers used for any purpose in the construction process, including
use for storage purposes, must be parked on the construction site,
subject to provisions contained below.
B.
Semi-trailers used for any purpose in the construction process, including
use for storage purposes, shall be parked immediately in front of
or on the construction sites, but only during the period of actual
construction and only during the period of time when the particular
contractor or craftsmen utilizing the trailer are actually engaged
in working on the construction project. All such trailers shall be
removed from the site immediately following the completion of the
construction project or that particular portion thereof on which a
particular contractor or craftsman was engaged.
C.
Under no circumstances may any semi-trailer be parked on the public
streets or public thoroughfares at any time commencing the 15th of
May and through the 15th of September of each year.
D.
It shall be the duty of the permittee, contractor and/or owner to
take all measures necessary to prevent damage to the public streets
or rights-of-way from any portion of such semi-trailer. Any such damage
caused shall be repaired in accordance with a directive of the Code
Enforcement Officer. Failure to make repairs may result in issuance
of a complaint under this chapter and under separate authority of
the Code Enforcement Officer.
[Amended 9-18-2019 by Ord. No. 1311]
E.
If such semi-trailer is parked on the street, it must be parked so
as to conform to the requirements of the New Jersey Motor Vehicle
Code, N.J.S.A. 39:1-1, et seq.
F.
On the streets of the Borough, no semi-trailer shall be permitted
to be parked within 50 feet of any intersection.
[Ord. No. 1226, 11-4-2015]
A.
Trailers commonly known as "construction trailers" containing tools,
materials or supplies for contractors, landscapers and craftsmen shall
be parked immediately in front of or on the construction sites, but
only during the period of actual construction and only during the
period of time when the particular contractor or craftsmen utilizing
the trailer are actually engaged in working on the construction project.
All such trailers shall be removed from the site immediately following
the completion of the construction project or that particular portion
thereof on which a particular contractor or craftsman was engaged.
B.
Under no circumstances may any construction trailer be parked on
the public streets or public thoroughfares at any time commencing
the 15th of May and through the 15th of September of each year.
C.
It shall be the duty of the permittee, contractor and/or owner to
take all measures necessary to prevent damage to the public streets
or rights-of-way from any portion of such construction trailer. Any
such damage caused shall be repaired in accordance with a directive
of the Code Enforcement Officer. Failure to make repairs may result
in issuance of a complaint under this chapter and under separate authority
of the Code Enforcement Officer.
[Amended 9-18-2019 by Ord. No. 1311]
D.
If such construction trailer is parked on the street, it must be
parked so as to conform to the requirements of the New Jersey Motor
Vehicle Code, N.J.S.A. 39:1-1, et seq.
E.
On the streets of the Borough, no construction trailer shall be permitted
to be parked within 50 feet of any intersection.
[Ord. No. 1226, 11-4-2015]
A.
Construction, sales or detachable storage trailers shall be parked
immediately in front of or on the construction sites, but only during
the period of time when the particular contractor or craftsmen utilizing
the trailer are actually engaged in working on the construction project.
All such trailers shall be removed from the site immediately following
the completion of the construction project or that particular portion
thereof on which a particular contractor or craftsman was engaged.
B.
Under no circumstances may any detachable trailer be parked on the
public streets or public thoroughfares at any time commencing the
15th of May and through the 15th of September of each year.
C.
It shall be the duty of the permittee, contractor and/or owner to
take all measures necessary to prevent damage to the public streets
or rights-of-way from any portion of such semi-trailer. Any such damage
caused shall be repaired in accordance with a directive of the Code
Enforcement Officer. Failure to make repairs may result in issuance
of a complaint under this chapter and under separate authority of
the Code Enforcement Officer.
[Amended 9-18-2019 by Ord. No. 1311]
D.
If such detachable storage trailer is parked on the street, it must
be parked so as to conform to the requirements of the New Jersey Motor
Vehicle Code, N.J.S.A. 39:1-1, et seq.
E.
On the streets of the Borough, no detachable storage trailer shall
be permitted to be parked within 50 feet of any intersection.
To the extent possible, dumpsters, semi-trailers, construction
trailers, detachable storage trailers and sales trailers shall be
located on private property rather than on streets, highways or public
property. In such cases where the only practical location of said
dumpster, semi-trailer, construction trailer, detachable storage trailer
or sales trailer is on a street, highway or public property, the Wildwood
Crest Police Department shall determine the location of said dumpster
or trailer so as to not impede or impair public safety. The said dumpster
or trailer shall have its wheels or skids, as the case may be, placed
on timber materials having minimum dimensions of not less than two
inches thick by 12 inches wide by 48 inches long, in such a manner
as directed by the Wildwood Crest Police Department so as to provide
protection to the surface of the street, highway or public property
upon which the said dumpster or trailer is to be placed.
A.
Application shall be made to the Police Department of the Borough of Wildwood Crest on a permit application provided by the Borough for permission to place a construction dumpster, semi-trailers and construction trailers, detachable storage trailers or sales trailers within the Borough of Wildwood Crest. All permits issued under this section shall be prominently displayed upon the construction site or dumpster or trailer in such a manner as to be capable of being read by the driver of a passing motor vehicle. In the event that the dumpster, semi-trailer, construction trailer, detachable storage trailer or sales trailer cannot be located on the actual construction site, the same may be located on the street immediately in front of the construction address, subject to the approval of the Chief of Police. If the property fronts on a side street and an avenue, the same shall be placed on the side street adjacent to the construction site, subject to the approval of the Chief of Police. Any permit application for a dumpster, semi-trailer, construction trailer, detachable storage trailer or sales trailer to be placed upon the street shall be accompanied by a fee pursuant to Subsection B. herein and § 37-14E of the Code of the Borough of Wildwood Crest. There shall be no fee for a dumpster or trailer to be placed on private property. All permitted dumpsters or trailers shall be permitted to remain only during the period of actual construction.
B.
Permit fee. Permit fees shall be as follows:
One day: $20.
One week (seven calendar days): $50
One month 30 calendar days: $100
C.
Dumpsters, semi-trailers, construction trailers, detachable storage
trailers or sales trailers on the street shall be equipped with suitable
reflectors and warning devices and must be marked with no less than
two reflective cones located to the rear of the dumpster, semi-trailer,
construction trailer, detachable storage trailer or sales trailer
and two in front of the dumpster, semi-trailer, construction trailer,
detachable storage trailer or sales trailer.
A.
During the period of time that the street is under construction,
excavated or opened, it shall remain, wherever safely reasonable,
open to traffic, and the applicant shall assist the Borough in providing
for continuous vehicular access. In the event detouring is necessary,
it shall be coordinated with and approved by the Police Department.
B.
During the period of time where loading and unloading of materials,
supplies, tools, etc. is necessary, the street, avenue or thoroughfare
must remain accessible for traffic. If access to roadway is obstructed,
property signage, notification and approval of the Wildwood Crest
Police Department are required.
C.
While under construction or excavation, the applicant shall be responsible
for providing barricades or other safety devices or warning as reasonably
required by the Wildwood Crest Police Department so as to inform motorists,
bicyclists and pedestrians of any construction or excavation. The
applicant shall also promptly notify the Police Department of any
excavation or construction site and provide the Police Department
with the name, address and telephone number where the applicant or
his representative may be reached.
[Amended 9-18-2019 by Ord. No. 1311]
The provisions of this Article II shall be enforced by the Code Enforcement Officer, Construction Official, the Wildwood Crest Police Department or other individuals authorized by law to enforce the provisions of the Code of the Borough of Wildwood Crest.
[New]
Any violation hereunder shall be considered an offense punishable
by a fine not to exceed $2,000 for each offense, or imprisonment for
a term not to exceed 90 days, or both. Any violation hereunder pertaining
to unlawful solid waste shall be punishable by a penalty not to exceed
$2,500. The following rules shall apply in determining responsibility
for violations and penalties:
A.
The owner, permittee and/or contractor of a construction site where
a violation has been committed or does exist shall be guilty of such
an offense.
[Amended 9-18-2019 by Ord. No. 1311]
B.
Any contractor or person who commits, takes part in or assists in
such violation shall be guilty of such an offense.
C.
Each day that a violation continues after written notification that
the violation exists shall constitute a separate offense.
D.
In the event that the penalties established by this section are inconsistent
with the penalty section of any other applicable ordinance contained
within the Code of the Borough of Wildwood Crest, then the inconsistency
shall be resolved in favor of the ordinance providing the more severe
penalty, except in those cases wherein the penalty is prescribed by
state statute.
[Added 2-16-2022 by Ord. No. 1372]
All permittees shall be required to sign an acknowledgement that they have received a copy of this Article II at the time of issuance of a permit and prior to the commencement of any demolition or construction activity on the construction site.
