[HISTORY: Adopted by the North Wildwood City Council 1-15-1972 by
Ord. No. 578. Amendments noted where applicable.]
It is the intent of the City of North Wildwood in the creation of beach
preservation and tidal floodplain zones to preserve the beach for public recreational
purposes and also to prevent and eliminate conditions which, in the event
of flood and storm, threaten the public health, safety and welfare and which
lead to damage to or loss of property.
As used in this chapter, the following terms shall have the meanings
indicated:
Those areas between the Atlantic Ocean coastline and a fixed line
inland therefrom which shall be designated "Official Oceanfront Bulkhead Line
of North Wildwood, New Jersey," and the location of which shall be as shown
on a drawing bearing this title. For the purpose of this chapter, the coastline
shall be the mean high tide line.
The elevation of the tidal water surface midway between mean low
tide [minus 2.0 feet] and mean high tide [plus 2.0 feet].
A.
Permitted uses. No land shall be used nor any building
erected or used in the Atlantic Ocean Coastal Beach Zone except for one or
more of the following uses: open space, beach and water recreation, protective
sand dunes and related improvements, including snow fencing and dune stabilization
plantings, stairs and walkways for beach access and dune preservation, necessary
buildings and structures for public safety and convenience, including first
aid stations, lifeguard stations, comfort stations, boardwalks, pavilions,
piers and related facilities, necessary shore protection and stabilization
improvements, including jetties, groins, bulkheads and related structures.
B.
Prohibited uses. No land or buildings shall be used for
any purpose not listed as a permitted use under this section.
A.
Within the Atlantic Ocean Coastal Beach Zone, all existing
natural and man-made sand dunes and vegetation shall be preserved. Where sand
dunes do not exist, sand dunes may be established through the use of sand
fencing or other suitable means and stabilized with American beach grass (Ammophila
breviligulata) or other suitable plant materials. All protective sand dunes
and vegetation shall be protected from damage by the restriction of pedestrian,
equestrian and vehicular traffic. The use of dune buggies, motorcycles, motor
bikes, Jeeps and similar vehicles is prohibited within sand dune areas. Where
necessary, trails and stairways through and over protective sand dunes may
be provided for beach and water access.
B.
The removal, cutting, burning or destruction of the natural
vegetation, sand fences and/or other types of beach protection devices in
the Atlantic Ocean Coastal Beach Zone is hereby prohibited.
C.
The removal of sand from the beaches by other than governmental
authorities is hereby prohibited.
All prohibited uses of structures now existing as of the date of the
passage of this chapter, in the Atlantic Ocean Coastal Beach Zone as heretofore
defined, are hereby designated as nonconforming uses. Any nonconforming use
existing at the time of the passage of this chapter may be continued, and
any structure may be restored or repaired in the event of partial destruction
thereof.
A.
New buildings and structures permitted in all zones of
the City of North Wildwood shall be designed and constructed to have the first-floor
levels, except residential garages, at least 9.0 feet above mean sea level,
and they shall be designed and constructed to remain in place and stand under
flood conditions of 8.5 feet above mean sea level and in winds of hurricane
intensity. Design and construction plans shall be approved by the City Building
Inspector.
B.
All structures built hereafter on any bulkheaded or waterfront
property, whether by inlet or ocean, shall be built or placed on pilings,
and if on wood pilings, they shall be pressure-treated with a minimum of twelve-pound
creosote to resist decay, and the same shall likewise apply to all bulkheads.
Where, by reason of exception or situation, the strict application of § 196-6 of this chapter would result in exceptional or practical difficulties to or undue hardship upon the owner of any land, the owner may apply to the Zoning Board of Adjustment for a variance from the strict application of said section. The same procedure established by law for zoning variances shall be followed in seeking variances from the strict application of this chapter. The Zoning Board of Adjustment, if it finds that a special exception shall be granted, shall so recommend to the City Council, and the City Council shall make the final determination.
[Amended 3-20-1991 by Ord.
No. 1054; 5-21-2002 by Ord.
No. 1411]
A violation of this chapter shall be punishable by a fine not exceeding
$1,250 or by imprisonment not exceeding 90 days, or both.
