Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
Editor's Note: Former Section 10-1, State Uniform Construction Code Enforcing Agency, previously codified herein and containing portions of Ordinance Nos. 35-77, 90-85, 90-92, 218-93 and 225-95 was repealed by Ordinance No. 237-96. See subsection 2-50.7 for Interlocal Services Agreement with the City of Cape May for provisions of Construction Code review and inspection services.
[Ord. No. 71-83 § I]
It is hereby found and determined that there exists a substantial number of buildings, or parts thereof, within the Borough of West Cape May which are unfit for human habitation, occupancy or use due to their age, dilapidation, defects increasing the risks of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such buildings, or a part thereof, unsafe or unsanitary, or dangerous or detrimental to the health, safety or welfare of the residents of the Borough of West Cape May and that a public necessity exists for the repair, closing or demolition of such buildings.
[Ord. No. 71-83 § II]
Pursuant to N.J.S. 40:48-2.3 et seq., as amended, the municipal Construction Code Official is hereby designated and appointed as the Public Officer to exercise the powers prescribed by this section.
[Ord. No. 71-83 § III]
Wherever a petition is filed with the Public Officer, either by any other public official whose duties relate to health, fire or building regulations or by a group of five or more residents of the Borough of West Cape May charging that any building is unfit for human habitation, occupancy or use, or whenever it appears to the Public Officer on his own that any building is unfit for human habitation, occupancy or use, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner and all parties in interest in such building a complaint stating the charges and containing a notice that a hearing will be held before the Public Officer or his designated agent at a designated location not less than seven days nor more than 30 days after serving of the complaint. The complaint shall also notify the owner and all parties of interest of the right to file an answer to the complaint and the right to appear in person, or otherwise, and give testimony and other evidence at the hearing. The complaint shall also state that the rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
[Ord. No. 71-83 § IV]
If, after such notice and hearing, the Public Officer determines that the building or part of a building under consideration is unfit for human habitation, occupancy or use, he shall state in writing his findings of fact in support of such a determination and shall issue and cause to be served upon the owner thereof and all parties in interest an order:
a. 
Requiring the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order, or, at the option of the owner, to vacate or have the building vacated and closed within the time set forth in the order, and
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building, within the time specified in the order, then the owner shall be required to remove or demolish the building within the reasonable time specified in the order of removal.
[Ord. No. 71-83 § V]
If the owner shall fail to comply with the order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the Construction Code Official may cause such building to be repaired, altered or improved, or to be vacated and closed; and the Public Officer may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
[Ord. No. 71-83 § VI]
If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished, or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
[Ord. No. 71-83 § VII]
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this act determined in favor of the municipality, and such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy shall be forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 71-83 § VIII]
In his determination whether a building or any part thereof is unfit for human habitation, occupancy or use, the Construction Code Official shall apply the standard of whether or not conditions exist in the particular building or part thereof which are dangerous or injurious to the health or safety of the occupants of such building, or the occupants of neighboring buildings or any other persons. Such conditions may include, but are not limited to the following, as well as the specific standards imposed by any applicable building, health or safety laws applicable to the building; defects increasing the hazard of fire, accident or other such perils; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects and uncleanliness.
[Ord. No. 71-83 § IX]
The Public Officer or other official designated under this section may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including but not limited to the following powers, in addition to the others herein granted:
a. 
To investigate the building conditions in the Borough of West Cape May in order to determine which buildings therein are unfit for human habitation or occupancy or use.
b. 
To administer oaths and affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations, in accordance with applicable ordinances and statutes, provided, however, that entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section.
[1]
Editor's Note: Former Section 10-3, Rental of Apartments and Dwellings, previously codified herein and containing portions of Ordinance No. 51-80 was repealed in its entirety by Ordinance No. 460-11.
[1]
Editor's Note: Refer to Chapter 18, Solid Waste Management, for additional regulations controlling disposal of solid waste.
[Ord. No. 219-94 § I]
In connection with any construction or demolition work within the Borough of West Cape May, the person, persons or entity performing any such work shall be responsible for properly and promptly disposing of all construction materials, construction debris, demolition debris and generally all such refuse generated by the construction or demolition. Such refuse shall include, but shall not be limited to, construction materials, concrete, tree stumps and all demolition materials. Proper disposal shall mean delivery to a duly authorized County landfill, transfer station or recycling center.
[Ord. No. 219-94 § II]
Prompt disposal shall mean within a reasonable time considering the construction or demolition work involved.
[Ord. No. 219-94 § III]
No certificate of occupancy or other required such approval shall be issued by the Construction Code Official until receipts are furnished to the Construction Code Official evidencing proper disposal of all construction and demolition materials or debris involved with the particular project.
[Ord. No. 219-94 § IV; Ord. No. 233-95]
Any person, persons or entity found guilty of violating any provision of this section shall be, upon conviction thereof, liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 164-90 § 1]
The Board of Commissioners hereby adopts a uniform system for the numbering of all buildings located within the Borough of West Cape May.
[Ord. No. 164-90 § 2]
All buildings situated within the Borough of West Cape May, whether residential, industrial or commercial, shall be numbered in accordance with this section. This section only applies to those buildings which constitute the principal use on a lot or parcel of ground and does not apply to detached garages or other accessory uses which are incidental to the principal use.
[Ord. No. 164-90 § 3; Ord. No. 523-2017]
Each building within the Borough will be assigned a number by the Borough Assessor, which shall be displayed on the building. Buildings which are hereafter constructed shall be assigned a house number by the Tax Assessor at the time of construction, and the number shall be prominently displayed on the building as required by this section.
[Ord. No. 164-90 § 4]
The owner and/or occupant of every building in the Borough shall cause to be placed thereon the number which has been assigned by the Borough. The placement of the numbers shall be in such a manner as to be plainly visible from the street or roadway and shall not be less than three (3") inches in height and shall plainly display the number of the building.
[Ord. No. 164-90 § 5]
Whenever the building is situated in such an area where rural delivery of mail by the United States Postal Service is in effect, then, in addition to displaying the numbers on the building as required by subsection 10-5.4 hereof, the owner and/or occupant shall also cause such building number to be prominently displayed upon the mailbox where mail delivery is customarily and routinely made.
[Ord. No. 164-90 § 6]
Whenever a building is situated in such a way that it is set back thirty-five (35') or more feet from the roadway, and whenever the building is obscured by a fence, shrubbery, or any other obstacle which impairs visibility from the street, then, in addition to displaying the numbers on the building as required by subsection 10-5.4, each owner or occupant of the property shall cause to be displayed, at or near the front property line, the building number, which shall be set forth in figures at least three (3") inches in height and placed upon a post not to exceed six square inches, having a minimum height of thirty (30') inches and a maximum height of seventy-two (72") inches.
[Ord. No. 164-90 § 8; Ord. No. 233-95]
Any person who violates the provisions of this section shall, upon conviction, be liable to the penalty as stated in Chapter 1, Section 1-5.
[Ord. No. 371-06 § 1]
Pile driving activities create a nuisance when conducted during the peak tourism season. It causes unsightly conditions, excess noise, excess debris, damage to other property, as well as increasing amounts of silt, sand, sediment and other debris entering the streets and gutters within the Borough, clogging and otherwise damaging the water inlets throughout the Borough.
[Ord. No. 371-06 § 2]
This section prohibits pile driving activities during the summer months beginning the Friday before Memorial Day and ending the day after Labor Day of each year within the Borough. It is also the purpose of this section to regulate the manner in which pile driving operations are performed in order to prohibit the accumulation of silt, sand, sediment and other debris in the alleys, streets, gutters and inlets throughout the Borough, and to require pile driving contractors to be responsible for those operations, to prevent the accumulation of sand, silt, sediment and other debris in the gutters, streets and inlets of the Borough and also to prevent damage to adjoining neighbors, properties, curbs, sidewalks and streets.
[Ord. No. 371-06 § 3]
Beginning the Friday before Memorial Day and ending the day after Labor Day of each year, any and all pile driving activities within the Borough shall be prohibited and no permit for pile driving shall be issued during this period of time. In the event of an emergency, or a danger to person or property, as determined by the Construction Official, a pile driving permit may be issued during the restricted time period. Nothing herein shall be deemed to apply to waterfront pile driving activity if it is required to be completed within a specified time frame by the State of New Jersey Department of Environmental Protection or any other State or Federal agency.
[Ord. No. 371-06 § 4]
Any contractor performing pile driving operations within the Borough shall obtain a permit from the Borough prior to the commencement of work.
[Ord. No. 371-06 § 5]
a. 
Any contractor performing pile driving operations within the Borough shall be responsible for all sand, silt, sediment, debris and water leaving the site of the pile driving operation. Said person, firm or corporation shall be responsible to clean and maintain all alleys, gutters, streets, sidewalks, and inlets prior to completing their pile driving operations and shall specifically remove or cause to be removed all sand, silt, sediment, or other debris arising from the pile driving operation. The contractors performing the pile driving operation shall also take any and all actions or steps necessary to prevent the accumulation of sand, soil, sediment and other debris upon any adjoining property, and to likewise take whatever action necessary to prevent damage to alleys, streets, gutters, curbs and adjoining property by the utilization of pile driving equipment.
b. 
Prior to performing any pile driving activities, the contractor shall construct and install silt traps at the inlets located at either end of the block in which the contractor is performing the pile driving operations.
Prior to obtaining the pile driving permit the contractor shall notify the Construction Office of the exact type of silt trap which shall be utilized. No pile driving permit shall be issued until the Construction Official is notified and approves the type of silt trap proposed.
c. 
Prior to the commencement of work, the contractor shall notify the owner of property on either side of the site. The notification shall be forwarded in writing, by certified mail, at least 14 calendar days prior to the commencement date of the pile driving activity but not earlier than 30 days prior. The notification shall be sent to the adjacent property owner at that property's address and to any mailing address that may be on file with the Office of the Tax Assessor.
d. 
Any contractor performing pile driving activities within the Borough shall comply with all Borough water and sewer ordinances as well as any other applicable State and Federal laws. The contractor shall meter and be responsible for water used during the pile driving activities, and shall ensure there is adequate backflow protection to prevent contamination of the water supply.
[Ord. No. 371-06 § 6]
Any contractor performing pile driving activities within the Borough shall also purchase and maintain a comprehensive general liability insurance policy covering the contractor for any liability as a result of death, bodily injury or property damage. This policy shall have the combined single limit amount of one million ($1,000,000.00) dollars for damages that result due to the contractor's pile driving activities. Such coverage shall also include activities conducted by any subcontractors, employees or by any person for whose acts any of them may be liable. This insurance policy shall also include premises operations, including but not limited to, explosions, collapses, underground damage, completed operations and broad coverage for property damage. Proof of such insurance with evidence that the Borough will be notified of any cancellation or change in such policy shall be provided to the Borough prior to the commencement of any pile driving activities.
[Ord. No. 371-06 § 7]
It shall be the responsibility of the pile driving contractor to prevent damage to alleys, streets, curbs, sidewalks, gutters, and adjoining property from pile driving activities.
[Ord. No. 371-06 § 8]
Any person, firm or corporation who violates, fails or refuses to comply with this section or any part of section thereof shall, upon conviction in the Municipal Court of the Borough of West Cape May, be punished for each offense by a fine not to exceed $1,000. In addition, the Municipal Court Judge shall have the authority to order restitution for any damage done to property by pile driving activities. Every such violation or refusal shall be deemed a separate violation, and each day that the same shall continue shall be deemed a separate violation.
[Ord. No. 372-06 § 1]
Building demolition activities create a nuisance when conducted during the peak tourism season. It causes unsightly conditions, excess noise, excess debris, and damage to other property.
[Ord. No. 372-06 § 2]
This section prohibits building demolition during the summer months beginning the Friday before Memorial Day and ending the day after Labor Day of each year within the Borough. It is also the purpose of this section to regulate the manner in which building demolition operations are performed.
[Ord. No. 372-06 § 3; Ord. No. 554-2018]
Beginning the Friday before Memorial Day and ending the day after Labor Day of each year, any and all building demolition activities within the Borough shall be prohibited and no permit for building demolition shall be issued during this period of time. In the event of an emergency, or a danger to person or property, as determined by the Code Enforcement Officer Construction Official, a building demolition permit may be issued during the restricted time period.
[Ord. No. 372-06 § 4; Ord. No. 554-2018]
Before any existing building or structure or part of a building or structure is demolished, an application must be filed with the Code Enforcement Officer Construction Code Official by the owner or person authorized by the owner. In addition to the application, the following information shall be provided:
a. 
The full name and residence of each owner of the building or structure to be demolished.
b. 
The name and address of the person or persons who are required to do the demolition work.
c. 
A full description of the building or structure to be demolished.
d. 
A statement as to the time in which the proposed demolition will start.
e. 
A statement as to the time in which the proposed demolition will be complete.
f. 
A statement as to the extent of the demolition of the building or structure.
g. 
Any additional information that is required by the Code Enforcement Offices or Construction Code Official.
[Ord. No. 372-06 § 5; Ord. No. 554-2018]
No permit for building demolition shall be issued until it is determined whether that building or structure is located within the Borough of West Cape May Historic District. If the building or structure is located within a Historic District, all demolition restrictions as set forth by the Borough of West Cape May Historic Preservation Commission shall be complied with prior to demolition approval. In the event of an emergency, or a danger to person or property, as determined by the Code Enforcement Officer or Construction Official, a building demolition permit may be issued during the restricted time period.
[Ord. No. 372-06 § 6; Ord. No. 554-2018]
It shall be unlawful to demolish any building or structure or part of a building or structure unless and until an application has been filed and approved by the Code Enforcement Officer and Construction Code Official. Once an application is approved, the Construction Code Official will issue a written permit. It is in the discretion of the Code Enforcement Officer and Construction Code Official to approve or reject any application filed that is incomplete.
[Ord. No. 372-06 § 7]
In all instances where a building or structure is to be totally demolished or torn down to grade level, it shall be demolished or taken down to a depth of six inches below grade and backfilled with six inches of gravel or topsoil and leveled off at grade.
[Ord. No. 372-06 § 8]
If a building or structure is demolished that has a basement, cellar or other depression, it shall be filled with clean earth.
Any and all contractors and subcontractors responsible for the demolition of a building or structure shall insure proper removal of all debris. All debris shall be removed from the site within 10 days of the date that the demolition is complete. In addition, said person, firm or corporation shall be responsible to clean and maintain all alleys, gutters, streets, sidewalk and adjacent properties and shall specifically remove or cause to be removed all debris arising from the demolition. The contractor or subcontractor performing the demolition shall also take any and all action necessary to prevent damage to alleys, streets, gutters, curbs and adjacent properties.
[Ord. No. 372-06 § 10]
Prior to the commencement of work to demolish a structure, the contractor shall notify the owner of property adjacent to the site. The notification shall be forwarded in writing, by certified mail, at least 14 calendar days prior to the commencement date of the demolition work, but not earlier than 30 days prior. The notification shall be forwarded to the adjacent property at that property and to any mailing address file with the Office of the Tax Assessor.
[Ord. No. 372-06 § 11]
Any contractor performing demolition work within the Borough shall comply with all Borough construction ordinances as well as any other applicable State and Federal laws.
[Ord. No. 372-06 § 12]
Any contractor performing building demolition within the Borough shall also purchase and maintain a comprehensive general liability insurance policy covering the contractor for any liability as a result of death, bodily injury or property damage. This policy shall have the combined single limit amount of one million ($1,000,000.00) dollars for damages that result due to the contractor's building demolition. Such coverage shall also include activities conducted by any subcontractors, employees or by any person for whose acts any of them may be liable. This insurance policy shall also include premises operations, including but not limited to, explosions, collapses, underground damage, completed operations and broad coverage for property damage. Proof of such insurance with evidence that the Borough will be notified of any cancellation or change in such policy shall be provided to the Borough prior to the commencement of any building demolition.
[Ord. No. 372-06 § 13]
It shall be the responsibility of the demolition contractor to prevent damage to alleys, streets, curbs, sidewalks, gutters, and adjoining property from demolition activities.
[Ord. No. 372-06 § 14]
Any person, firm or corporation who violates, fails, or refuses to comply with this chapter or any part of section thereof shall, upon conviction in the Municipal Court of the Borough of West Cape May, be punished for each offense by a fine not to exceed $1,000. In addition, the Municipal Court Judge shall have the authority to order restitution for any damage done to property by demolition activities. Every such violation or refusal shall be deemed a separate violation, and each day that the same shall continue shall be deemed a separate violation.
[Ord. No. 443-10 § I]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of West Cape May so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 443-10 § II]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of West Cape May or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 443-10 § III]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 10-8.4 below prior to the completion of the project.
[Ord. No. 443-10 § IV]
Storm drain inlets identified in subsection 10-8.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 10-8.4c below.
a. 
Design engineers shall use either of the following grates whether they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or reach individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0") inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space four and five-eighths (4 5/8") inches long and one and one-half (1 1/2") inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one (1") inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 443-10 § V]
This section shall be enforced by the Cape May City Police Department, which provides police protection and enforcement for the Borough of West Cape May.
[Ord. No. 443-10 § VI]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $100 for each storm drain inlet that is not retrofitted to meet the design standard.
[1]
Editor's Note: Prior ordinance history; Ord. No. 418-08.
[Ord. No. 516-2017]
The purpose and intent of the regulations contained herein are as follows:
a. 
To define as public nuisances and violations of this section those conditions which constitute visual blight or which could result in conditions which are harmful or deleterious to the public health, safety and welfare;
b. 
To develop regulations that will promote the sound maintenance of property and the enhancement of the livability, community appearance, and the social, economic and environmental conditions of the community;
c. 
To establish guidelines or procedures for the correction of property maintenance violations and nuisances that afford due process and procedural guarantees to affected property owners and tenants; and
d. 
To provide proper authority guidelines, regulations, administration and enforcement for the implementation of the purposes and intent of this section.
[Ord. No. 516-2017]
BACKYARD
Shall mean that portion of property between a building and the back property line.
BOROUGH
Shall mean the Borough of West Cape May.
BUILDING
Shall mean any structure having a roof supported by columns or walls used or intended to be used for the shelter or enclosure of persons, animals, or property.
CODE ENFORCEMENT OFFICER
Shall mean individuals employed by the Borough whose primary responsibility is enforcement of this section; and, code enforcement activities. A Code Enforcement Officer, for the purpose of enforcing provisions of this Code, shall also include a code enforcement employee, building inspector, fire safety inspector, street and sidewalk inspector, water/wastewater inspector, engineering inspector and a Police Officer.
DRIVEWAY
Shall mean the accessway between the street and the garage or carport.
FRONT YARD
Shall mean that portion of property between the street and a building.
OWNER and PROPERTY OWNER,
Shall mean as used in this section, and unless otherwise required by the context, shall be deemed to include any person owning, leasing, renting, occupying, or having charge or possession of any property in the Borough to and including any person identified as owning property as shown on the last assessment roll.
PERSON
Shall mean any individual, partnership, corporation, association, or other organization, however formed.
PROPERTY
Shall mean any real property, or improvements thereon.
PUBLIC NUISANCE
Shall mean anything which is or is likely to become injurious to health or safety or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway; and includes a condition of visual blight. Enumeration of such nuisances in subsection 10-9.3 shall not be deemed exclusive.
SIDE YARD
Shall mean that portion of property between a building and the side property line.
VISUAL BLIGHT
Shall mean any unreasonable, unsafe, or unlawful condition or use of premises or of building exterior which by reason of its appearance as viewed at ground level from public street or from neighboring premises, is detrimental to the property of others.
[Ord. No. 516-2017; Ord. No. 538-2018]
It is a public nuisance for any person owning, leasing, occupying or having charge of any property within the Borough to maintain such property in a condition detrimental to the public health, safety, general welfare, or is so defective, or in such condition of deterioration or disrepair that the same causes a material detrimental to proximal properties and improvements.
The following is a non-exclusive list of example conditions or activities, any one of which shall constitute a public nuisance under this section:
a. 
Land configuration of which whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, silting of the Borough storm drain system or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the Borough stormwater system, public health, safety and welfare or to adjacent properties
b. 
Building exteriors, doors, windows, walls, fences, driveways, curbs, gutters, sidewalks, walkways and parking areas which are maintained in such condition as to become so defective or in such condition of deterioration or disrepair that the same causes an unsafe condition, interference with public convenience or is materially detrimental to nearby properties and improvements;
c. 
Dead, decayed, diseased trees or overgrown vegetation, likely to harbor vermin and other nuisances, or causing detriment to neighboring properties, or causing or adding to a fire hazard.
d. 
Obstruction or encroachment of any public property, including but not limited to any public street, public alley, highway, right-of-way, park, building, or other land dedicated to public use;
e. 
Any violation of the standards, regulation or codes for buildings and construction adopted by the Borough;
f. 
Any condition recognized in law or in equity as constituting a public nuisance, or any condition existing on property which, in the opinion of the Code Enforcement Officer, constitutes visual blight;
g. 
Any storage of boats, with or without a detachable trailer, that creates a safety hazard, or is otherwise harmful or deleterious to the public health, safety and welfare;
[Ord. No. 516-2017]
The Code Enforcement Officer of the Borough of West Cape May shall act as the officer of the Borough to enforce the provisions hereof.
[Ord. No. 516-2017]
Should the Code Enforcement Officer determine that a violation of these provisions exists, he shall cause notice to be given to the owner or tenant or both, which notice shall describe the violation and state that unless the described violation is abated, removed and remedied within 10 days from the date of the giving of the notice the violation shall be abated, removed and remedied by the Borough and the cost thereof assessed as a lien against that land.
[Ord. No. 516-2017]
Any notice given under authority of this section shall be served personally when such service is practical; or it may be mailed, registered mail and postage prepaid, addressed to the owner at the last known Post Office address as the same may appear on the Tax Collector's records.
[Ord. No. 516-2017]
Upon failure of the owner or tenant to abate, remove or remedy the violation in manner satisfactory to the Code Enforcement Officer within the 10 days following notification, the Borough may cause the violation to be abated, removed and remedied.
[Ord. No. 516-2017]
The Borough shall keep an accurate record of all expenses incurred in causing the abatement or removal; and upon completion of the work the Code Enforcement Officer shall certify in writing the total costs thereof.
[Ord. No. 516-2017]
Upon receipt of any such certification, the same shall be examined by the Governing Body if found to be correct, the Governing Body shall declare by the passage of a resolution that the costs be certified to the Tax Collector as a lien against the land in question. Upon receipt by the Tax Collector of any such resolution and certification of costs, the same shall be entered upon the Tax Collector's records as a lien against the property and shall become and form a part of the taxes next to be assessed and levied upon the property. Thereafter, if the lien remains unpaid it shall bear interest when it becomes delinquent at the same rate as other delinquent taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 518-2017; Ord. No. 546-2018]
The requirements set forth in this section shall apply to all development within the Borough of West Cape May, as defined in Section 27-6.
[Ord. No. 518-2017; Ord. No. 546-2018]
a. 
A zoning permit or building permit shall not be issued until a grading plan, including a sealed survey, has been reviewed and approved by the Municipal Engineer, or other Borough official designated by the Borough Commission, which grading plan shall be in accordance with the provisions of this section.
b. 
The application fee is $100. The escrow fee for grading plan review is $500. Additional escrow may be required if recommended by the Borough Engineer. Application and escrow fees shall be paid separately in cash or certified check made out to "Borough of West Cape May." The Municipal Engineer, or other Borough official designated by the Borough Commission, may waive the requirements of this section if substantial compliance with the purposes and terms of this section are demonstrated to the satisfaction of the Engineer or official.
c. 
All development shall be graded to direct storm water away from adjacent properties and towards on-site storm water facilities or towards the street. If impossible to drain directly to the street, it shall be directed to a system of interior yard drainage approved by the Municipal Engineer.
d. 
All lots, open spaces and planting areas shall be graded to secure proper drainage and to prevent the collection of storm water. The grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting and shall comply with the standards for soil erosion and sediment control in New Jersey. All provisions shall be approved by the Cape Atlantic Conservation District.
e. 
No topsoil shall be removed from the site or used as topsoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six (6") inches or spread cover to all seeding and shall comply with the standards for soil erosion and sediment control in New Jersey. In the event that the quantity of topsoil at the site is insufficient to provide six (6") inches of cover for all seeding and planting areas, the owner shall provide and distribute a sufficient quantity of topsoil to provide such a cover in accordance with the standards for soil erosion and sediment control in New Jersey. All provisions shall be approved by the Cape Atlantic Soil Conservation District.
f. 
The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than 5% for a minimum distance of ten (10') feet measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10-foot horizontal distance, a 5% slope shall be provided to an approved alternate method of diverting water away from the foundation. Swales used for this purpose shall be sloped a minimum of 2% where located within ten (10') feet of the building foundation. Impervious surfaces within ten (10') feet of the building shall be sloped a minimum of 2% away from the building
g. 
The minimum slope for lawns and disturbed areas shall be one and one-half (1 1/2%) percent measured from the rear lot line to the top of the curb or sidewalk whichever is highest. For smooth, hard-finished surfaces other than roadways and parking lots, the minimum slope shall be a minimum of 0.04%.
h. 
All topographic information shall be based on NAVD 88 vertical datum.
i. 
Prior to applying for final inspections in reference to obtaining a certificate of occupancy, an as-built survey showing final grades and matching the approved plan must be submitted to the Zoning Office for approval by the Zoning Official or Municipal Engineer.
j. 
Failure to adhere to these standards shall subject violators to citation and on conviction, the general penalties of Section 1-5 of the West Cape May Code. In addition, violators may be required to comply with these standards.
[Ord. No. 559-2018]
The Borough of West Cape May Board of Commissioners determined that the health, welfare and safety of the citizens and business owners of the Borough are promoted by requiring certain structures to have a key lock box installed on the exterior of the structure to aid the Borough Volunteer Fire Department in gaining access to or within a structure when responding to calls for an emergency service, and to aid access into or within a building that is secured or into which it is unduly difficult to gain entry due either to being unoccupied or to the occupants being unable to respond.
[Ord. No. 559-2018]
KEY LOCK BOX
A secure rapid entry system that is designed to be used by Fire Department personnel in the event of an emergency to gain entry into a structure by using the enclosed owner-provided key(s). This box is usually mounted on the exterior of the building in a location that is specified by the Code Enforcement Officer or System Administrator. All boxes shall be UL (Underwriters' Laboratories) certified and approved by the Code Enforcement Officer or System Administrator.
SYSTEM ADMINISTRATOR
A member of the Fire Department who is recommended by the Fire Department with confirmation by the Commissioners of the Borough of West Cape May who is in charge of the key lock box program.
[Ord. No. 559-2018]
The following structures shall be equipped with a key lock box installed at a location that is approved by the Code Enforcement Officer or System Administrator, which shall be at the main entrance or such other location as required by the Code Enforcement Officer or System Administrator:
a. 
Any structure which has a fire or other alarm system, which reports a fire and/or carbon monoxide level to a monitoring central station or reports by its own dialer directly to the police/fire department, or such structures that are secured in a manner that restricts access during an emergency;
b. 
Any structures that have restricted access through locked doors and have a common corridor for access to the dwelling units;
c. 
Any commercial structure, industrial structure, Government-owned structures, or assisted-living or nursing-care facilities;
d. 
Any other structures as determined by the Code Enforcement Officer or System Administrator, which determination shall be at the Code Enforcement Officer or System Administrator's discretion based on the protection of health, safety, and welfare of residents and occupants, or, where the need for immediate access is imperative.
[Ord. No. 559-2018]
a. 
The owner of the structure shall be responsible for the cost of installation and maintenance of the key lock box. For the purpose of this section, "owner" shall mean the individual or legal entity holding title to the structure or the property upon which the structure is located. In the case of a condominium, the owner shall mean the condominium association or, in the event there is no condominium association, the owner shall mean all of the condominium owners collectively.
b. 
All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of a certificate of occupancy. All structures in existence on the effective date of this section and subject to this section shall have 90 days from the effective date of this section to have a key lock box installed and operational.
c. 
As used in this section, the term "key lock box" shall mean a type of key lock box system capable of storing keys for the purposes set forth in this section, the exact type and manufacturer of which shall be approved by the Code Enforcement Officer or System Administrator.
d. 
The owner or operator of a structure required to have a key lock box shall, at all times, keep a key or keys in the lock box that will allow for access to all points of egress capable of being locked, whether on the interior or exterior of the structure, mechanical equipment rooms, electrical rooms, elevator controls, fenced or secured areas, or any other room, enclosure, or area as required by the Code Enforcement Officer or System Administrator.
e. 
The Code Enforcement Officer or System Administrator is authorized to promulgate administrative rules, regulations, and procedures to further the purposes of this section and to file same with the City Clerk.
f. 
For the violation of any provision of this section, the penalty, upon conviction of the violation, shall be a minimum of $100.00 and not to exceed $1,500.00. Each day that a violation of any provision of this article exists shall be deemed a separate offense.
[Ord. No. 558-2018]
The Borough of West Cape May Board of Commissioners determined that the health, welfare and safety of the citizens of the Borough are promoted by requiring a zoning permit be issued prior to any ordinary maintenance or repair, including but not limited to maintenance, repair, or replacement to siding or roofing, on any building within the Borough.
[Ord. No. 558-2018]
ORDINARY MAINTENANCE OR REPAIR
Shall mean repair of any deterioration, wear or damage to a structure or any part thereof in order to return it as nearly as practicable to its condition prior to the occurrence of the deterioration, wear, or damage with in-kind material and quality workmanship. Ordinary maintenance shall also include in kind replacement of exterior elements or accessory hardware including signs, using the same material and workmanship, and having the same appearance.
[Ord. No. 558-2018]
a. 
Prior to any ordinary maintenance or repair being performed on the exterior of a building, including but not limited to maintenance, repair, or replacement of siding or roofing on any building within the Borough, the applicant, individual, or contractor shall submit an application for zoning permit to the Zoning Officer and pay the $35 application fee.
b. 
The Zoning Officer shall review the application and determine whether the property is in the Historic Preservation District. If the property is located in the Historic Preservation District, the Zoning Official shall review all permit applications to determine if the application proposes work that constitutes ordinary maintenance and repair as defined in Section 27-19.2. If the Zoning Official determines that the work strictly meets the standards for Ordinary Maintenance and Repair the application may be forwarded to the Construction Official and a permit may be issued. The Zoning Official shall refer the application to the Historic Preservation Commission if he finds that the proposed work does not meet the standards for ordinary maintenance and repair. If the Zoning Official has any doubt as to whether the work constitutes ordinary maintenance and repair, then he shall refer the request to the Commission.
c. 
If the property is not located in the Historic Preservation District, or, complies with the requirements of Section 27-19.5, and, the proposed work complies with the Borough Code, the Zoning Officer will issue a zoning permit.
d. 
For the violation of any provision of this section, the penalty, upon conviction of the violation, shall be a minimum of $100 and not to exceed $1,500. Each day that a violation of any provision of this article exists shall be deemed a separate offense.
[Ord. No. 558-2018]
The following are specifically exempted from the requirements of this section: Painting, cleaning, power-washing work, ordinary maintenance or repair to any steps, deck, or landing not constituting full replacement.