City of North Wildwood, NJ Exceptions, Modifications and Development Alternatives

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial equipment centers, power substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps and sanitary landfills.

The proposed installation in a specific location must be necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of the construction.

Landscaping, including shrubs, trees and lawns, shall be provided and maintained.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

Car washes.

The minimum lot size for a car wash shall be 24,000 square feet, the minimum frontage shall be 120 feet and the minimum lot depth shall be 200 feet. The front yard minimum shall be 40 feet and the side and rear yard minimums shall be 20 feet.

All mechanical activities must be conducted within a totally enclosed building.

Off-street parking shall be provided in accordance with the following schedule: Three access lanes for each mechanized car wash entrance with each lane having a minimum capacity for 15 vehicles at the entrance and six vehicles at the exit of the washing equipment; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for each employee. All vehicle entrances shall be from the rear of the building and all parked and waiting vehicles shall be accommodated on the lot. Entrance access driveways shall not be located within 300 feet of the intersection of any two street lines or within 10 feet of any lot line.

One sign shall be permitted, either freestanding or attached, not exceeding an area equivalent to 5% of the first floor portion of the front facade or 50 square feet, whichever is smaller. Freestanding signs shall be set back at least 10 feet from all street and lot lines.

No car wash shall be located within 200 feet of any firehouse, school, playground, church, hospital, public building or institution. A minimum fifty-foot setback is required between any building or driveway on a lot utilized for a car wash and any residential use or district.

All of the other area, yard, building coverage, height, and general requirements of the respective zone and other applicable requirements of this chapter must be met.

Senior citizen housing.

The maximum residential density shall not exceed 15 dwelling units per gross acre.

No dwelling unit shall contain more than two bedrooms.

The maximum building height shall not exceed 35 feet and 2 1/2 stories.

A minimum of 1 1/4 parking spaces shall be provided for each dwelling unit.

Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Finance and Mortgage Agency.

Prior to any City approval, the following prerequisites shall have been accomplished:

Verification that there are adequate utility services and support facilities for the project, including existing and/or proposed transit and commercial establishments serving everyday needs, within a one-mile walking distance of the proposed site.

Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, or any of a number of siblings or unrelated individuals of which, or a parent of children of which is/are 62 years of age or older, or as otherwise defined by the Social Security Act, as amended, except that this provision shall not apply to any resident manager on the premises.

Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.

(7)

All other applicable requirements of this chapter must be met.

Service stations.

The minimum lot size for service stations shall be 31,780 square feet and the minimum frontage shall be 140 feet. The front yard minimum shall be 40 feet and the side and rear yard minimums shall be 25 feet.

No service station shall be located within 200 feet of any firehouse, school, playground, church, hospital, public building or institution. No service station shall be located within 400 feet of any other service station. A minimum fifty-foot setback is required between any building or driveway on a lot utilized for a service station and any residential use or district.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building. Gasoline filling pumps and air pump islands shall be a minimum of 20 feet apart. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.

No junked motor vehicle or part thereof shall be permitted on the premises of any service station. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period of time not to exceed seven days, and providing that the owners of said vehicles are awaiting their repair.

Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station.

(7)

Service stations shall provide at least six off-street parking spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron areas which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities. No parking shall be permitted on unpaved areas. Driveways shall be a minimum of 20 feet from all lot lines, street intersections and other driveways on the same lot.

(8)

Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.

(9)

All of the other area, yard, and general requirements of the respective zone and other applicable requirements of this chapter must be met.

(Reserved)

Adult business.

Due to the exceptional land use characteristics and locational impacts of adult entertainment uses, which have a deleterious and destructive effect upon land uses and values within the City of North Wildwood, it is recognized that such businesses, to the extent that they promote obscenity or sell obscene material or display obscene acts, should be prohibited from the City, and those which are not determined to be obscene should be restricted in such a way as to minimize their adverse effect on property values, neighborhoods within the City, public health, safety, comfort, morals, convenience, and general welfare of the inhabitants and visitors of the City.

ADULT MOTION PICTURE THEATRES

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT BOOKSTORE

An establishment having, as a substantially significant portion of its stock in trade, books, magazines, films for sale or viewing on premises, by use of motion-picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their emphasis on matters depicting or relating to specified sexual activities or specified anatomical areas.

ADULT BUSINESS

A business which displays, shows, sells, rents, or otherwise exhibits a display or depiction of a specific anatomical area for specified sexual activity which emits sensuality but is not obscene.

ADULT CABARET

A nightclub, theatre, or other establishment which features live performances by topless and/or bottomless dancers, go-go dancers, exotic strippers, or similar entertainers, where such performances are distinguished or characterized by emphasis upon specified sexual activity or specified anatomical areas.

ADULT MASSAGE PARLOR

A place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of, or in connection with, the specified sexual activities, or when any person, providing such treatment, manipulation, or service related thereto, exposes specified anatomical areas.

ADULT MODEL STUDIO

Any place where, for any form of consideration or gratuity, male or female figure models who display specified anatomical areas or provide to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

Enclosed buildings used for presenting films consisting of material distinguished or characterized by an emphasis on matters depicting, describing, relating to specified anatomical area or specified sexual activities.

ADULT PRODUCTS

Products which display or are a depiction of a specified anatomical area, or of a specified sexual activity which emits sensuality but is not obscene.

OBSCENE ACTS

Acts which depict or describe, in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions or lewd exhibition of the genitals, which acts lack serious literacy, artistic, political, or scientific value when taken as a whole, and which to the average person, applying contemporary community standards, has a dominant theme, taken as a whole, which appears to the purient interest.

OBSCENE MATERIAL

Shall be defined as in N.J.S.A. 2C:34-2 and as amended from time to time.

SPECIFIED SEXUAL ACTIVITY OR ANATOMICAL AREA

Shall be defined as in N.J.S.A. 2C:34-3 and as amended from time to time.

It shall be unlawful to sell, offer for sale, or display obscene material.

It shall be unlawful to own or operate any business such as an adult bookstore, adult motion-picture theatre, adult cabaret, adult massage parlor, or an adult movie studio in which obscene material is displayed or sold or in which any obscene acts are carried on.

Adult businesses, including but not limited to, motion-picture theatres, adult bookstores, adult cabarets, adult massage parlors, and adult model studios, shall be subject to the following restrictions:

No adult business shall be located within 1,000 feet of a church or school.

No two adult businesses shall be located within 600 feet of each other.

The hours of operation shall be from 10:00 a.m. until 11:00 p.m., Monday through Saturday only.

The interior of each room shall be lighted and designed in such a way that all parts of the same shall be readily visible to the sales clerk, manager, operator and/or customers moving freely within the building.

Advertisements and displays describing the goods or services operated within the adult business premises shall not be visible from the outside of the building, provided that the general nature of the business, such as the words "books," "motion pictures," "nightclub," "massage," "modeling studio" and similar words of general description shall be permitted upon signs permitted hereunder.

No loudspeaker or sound equipment shall be used which will emit sound to the outside of the building.

An adult business shall be operated solely within a building having at least 600 square feet used for the operation of the business and no more than 900 square feet for such use.

Permitted signs shall be limited to lettering indicating the name, address, and general nature of the business only and shall conform in size to signs permitted within the CBD Central Business District.

(i)

Any adult business use shall be located in buildings no closer than 200 feet to any residential use or district.

(j)

The exterior of the business premises shall be so constructed, designed, or laid out so that no person outside the building can view the interior thereof. The doors and windows shall be kept closed, and adult products shall not be visible from the outside when the door is opened for the purpose of entering or exiting the business premises.

(k)

Any person or association of persons desiring to own or operate an adult business in the City of North Wildwood shall be required to file an application and obtain a license therefor and comply with all other City codes.

Bed-and-breakfast establishments.

Bed-and-breakfast establishments are permitted as conditional uses in the R-1 and R-2 Districts only. The use must be accommodated solely in an existing single-family dwelling which has been converted for such use and licensed by the New Jersey State Department of Community Affairs as a bed-and-breakfast establishment.

The residential character of the lot and dwelling shall not be changed; if additions or expansions to the principal dwelling are proposed, such additions or expansions shall maintain the architectural style and facade of the principal dwelling.

Whether or not a central dining area is provided, breakfast is the only meal to be served and shall be provided only to the registered guests of the bed-and-breakfast establishment.

Sufficient off-street parking shall be provided on the lot to accommodate all guests and, in any case, one space per each sleeping room, plus two spaces for the permanent living quarters of the owner shall be provided at minimum.

One attached sign, not to exceed six square feet in size, is permitted.

All of the other area, yard, building coverage and height requirements of the respective zone and other applicable requirements of this chapter must be met.

Water-oriented uses.

Principal uses which meet the definition of "water-oriented" uses pursuant to Article II shall be permitted in the BB District, subject to review by the Planning Board for a determination of the appropriateness of the proposed use. Said uses must serve the general public and shall be of a commercial type.

The requirements of the respective zone and other applicable requirements of this chapter must be met except that the yard adjacent to the water or beach may be reduced to four feet and further that any structure, either attached or unattached, that extends beyond the setback area on the water side of the lot may do so if said structure is necessary for the operation of the principal use located on the lot.

Restaurants serving alcoholic beverages in the OS Zoning Districts. Restaurants serving alcoholic beverages shall be permitted in the OS Zoning Districts as conditional uses, subject to compliance with the conditions outlined within § 276-20.1C(4).

[Amended 6-7-2023 by Ord. No. 1904]

Restaurants serving alcoholic beverages in the P (Pier) or B (Boardwalk) Zoning Districts. Restaurants serving alcoholic beverages shall be permitted in the Pier or Boardwalk Zoning Districts as conditional uses only. All facilities serving alcoholic beverages in the Pier or Boardwalk Zoning Districts must meet the conditions set forth in Subsection J(1) below.

[Amended 6-7-2023 by Ord. No. 1904]

General requirements for all facilities serving alcoholic beverages in the P (Pier) and B (Boardwalk) Zoning Districts.

No alcoholic beverages may be removed from the premises by a patron at any time. No packaged goods sales are permitted.

Each licensed facility shall contain restroom facilities for men and women.

No more than a combined total of 50% of municipal liquor licenses shall be permitted to be located in the Pier or Boardwalk Zoning Districts. Motel licenses shall be exempt from this total.

All regulations of the Alcoholic Beverage Control Authority and all regulations contained in Chapter 114 of the Code of the City of North Wildwood, to the extent not inconsistent with these conditions, shall remain applicable to all facilities.

To the extent not inconsistent with this subsection, all applicable requirements of the Zoning Ordinance must be met for all facilities.

Approval of the transfer of the liquor license to any facility in the Pier or Boardwalk Zoning Districts must be approved by the City Council.

Signs indicating the legal drinking age and that the facility will check identification are to be displayed at every outlet where the public may purchase alcoholic beverages.

The restaurant shall have a minimum of 50 seats for the service of meals.

(i)

The restaurant shall be a full-service restaurant capable of furnishing complete meals.

(j)

Restaurants are permitted to have a separate customer waiting bar for the service of restaurant customers so long as the bar is within the confines of the restaurant.

(k)

Sale of alcoholic beverages shall only be permitted between the hours of 7:00 a.m. and 12:00 midnight, prevailing time, and no consumption of alcoholic beverages shall be permitted after 12:30 a.m. and prior to 7:00 a.m., prevailing time.

Apartments/townhouses.

Apartments/townhouses will be permitted in the BB Zone, except that the waterfront portion of the site shall be developed with water-dependent uses. The waterfront portion of the site is as defined under CAFRA regulation.

The requirements of the APT/TH3 Zone and other applicable requirements of this zoning chapter must be met.

Residential flats above restaurants.

Residential flats above restaurants in the GB Zone shall be permitted with the following conditions:

Residential flats above restaurants in the GB Zone shall be owner-occupied; however, residential flats located above restaurants situate in the area bounded by New Jersey Avenue, between 1st Avenue to the south and Spruce Avenue to the north, N.J. Route 147 and New York Avenue to the west, and the easterly limits of the GB Zone to the east, need not be owner-occupied.

Adequate provisions must be provided to buffer the noise from compressor or condenser units used in the operation of the restaurant from the residential flats.

There must be provided an adequate and totally enclosed area for the storage and handling of solid waste and the recycling materials generated from the restaurant operation.

The total number of flats shall not exceed one dwelling unit per 2,000 square feet of lot area.

With regard to residential flats located above restaurants in the area bounded by New Jersey Avenue, between first Avenue to the south and Spruce Avenue to the north, N.J. Route 147 and New York Avenue to the west, and the easterly limits of the GB Zone to the east, parking shall be provided in compliance with the New Jersey Residential Site Improvement Standards.

§ 276-47 General exceptions and modifications.

Christmas tree sale. The annual sale of Christmas trees is permitted between December 1 and December 25, inclusive.

Parking of commercial vehicles in residential zones. One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged on a lot in any residential district, provided that said vehicle is parked in a side or rear yard area, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. For purposes of this chapter, a "commercial vehicle" is a bus and/or vehicle containing advertising matter intending to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with the New Jersey State Division of Motor Vehicles, except that this provision shall not be deemed to limit construction equipment which is used on the site for construction purposes.

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

Public utility lines. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, telegraph and telephone communications, and their supporting members, other than buildings or structures, shall not be required to be located on a lot, nor shall this chapter be interpreted as to prohibit the use of a property in any zone for the above uses.

§ 276-48 Townhouses and apartments.

No townhouse or apartment dwelling unit shall be constructed in the City unless the dwelling is part of an approved site plan and unless the following minimum standards are met in addition to other applicable requirements of this chapter:

Each building and complex of buildings shall have an architectural theme with appropriate variations in design to provide attractiveness to the development, compatible within the development and in relation to adjacent land uses. Such variations in design shall result from the use of landscaping and the orientation of buildings to the natural features of the site and to other buildings as well as from varying unit widths, using different exterior materials, changing roof lines and roof designs, varying building heights and changing window types, shutters, doors, porches and exterior colors. Architectural elevations shall be submitted to the Board for review and approval.

All dwelling units shall be connected to approved functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. This distance requirement does not apply to townhouses or apartment dwelling units in the APT/TH District. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parallel or diagonal parking along interior streets.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of the laundry of the occupants of each building.

Dwelling units shall have access to a master television antenna system and individual townhouse units may not erect individual external television antennas.

Each unit shall have the following minimum net habitable floor areas:

Apartments	Square Feet	Townhouses	Square Feet
Efficiency	500
One-bedroom	600	One-bedroom	700
Two-bedroom	725	Two-bedroom	850
Three-bedroom	875	Three-bedroom	1,000

For each apartment unit, in addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 250 cubic feet of storage area in a convenient, centrally located area in the cellar, basement or ground floor of the building where personal belongings and effects may be stored without constituting a fire hazard and where said belongings and effects may be kept locked and separated from the belongings of other occupants.

Recycling provisions.

There shall be included in any new apartment or townhouse development 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 City 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).

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

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.

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.

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.

Landscaping and/or fencing, at least six feet in height, shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

No townhouse dwelling unit shall be less than 20 feet wide.

§ 276-49 (Reserved)

§ 276-50 Fee simple townhouse lots.

Lot and yard dimensions encompassing individual townhouse dwelling units may be freely disposed and arranged on a tract of land, provided they are superimposed upon an approved site plan for the subject development. Additionally, the following provisions shall be met:

The boundaries of any lot shall not infringe upon any common open space land areas, nor shall the boundaries of any lot be closer than five feet from any driveway or parking lot area.

No lot line shall be located closer than 15 feet from any tract property line nor closer than 10 feet from any street.

No construction permit shall be issued for any townhouse dwelling unit, at any time, unless the proposed construction is in accordance with the approved site plan, and this condition shall be recited in the deed of the subdivided townhouse lot.

§ 276-51 Critical areas.

Basis for establishing critical areas. The mapping of the critical areas within the City of North Wildwood is indicated on the maps entitled "Flood Hazard Areas" and "Wetlands," each dated March 1986, which are part of this chapter. As noted on the maps, the basis for the delineation of floodplain areas were the Flood Insurance Rate Maps prepared by the Federal Emergency Management Agency and dated January 6, 1983, and the basis for the delineation of wetlands areas were the Department of Environmental Protection aerial photographs of wetlands dated September 19, 1983. Additionally, while information depicted on the Critical Areas Maps have been prepared as accurately as possible; nevertheless, it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to the City at the time applications are submitted for approval of a subdivision, site plan, construction permit, and/or any other application which considers the critical areas categories of information depicted on the map.

Regulations for coastal flood hazard protection.

Findings.

The City of North Wildwood occupies part of a low-lying barrier island which is exposed constantly to the threat of coastal flooding due to hurricanes, northeasters, and storms;

The entire City of North Wildwood has been designated by the Federal Emergency Management Agency as being exposed to a 1% or greater chance of being flooded in any given year. The oceanfront and lands along Hereford Inlet have been designated as being exposed to high velocity waves;

The beaches and dunes of North Wildwood are located entirely within these coastal flood hazard areas and, if properly maintained and protected, provide some natural protection from the floodings that result from storm waves; and

The predictable hazards of coastal flooding subject the residents, owners of businesses, and visitors of the City of North Wildwood to potential loss of life, personal injury, and property damage, as well as disruption of commerce, resort activities, and governmental services, all of which adversely affect the public health, safety and welfare.

Purpose. This chapter has the following purposes:

To promote and protect the public health, safety, and welfare;

To minimize the potential for loss of life, personal injury, and public and private property damage from coastal flooding;

To protect the beaches and dunes of North Wildwood from inappropriate construction and indiscriminate trespass which reduces their effectiveness in limiting the risks of coastal flooding;

To protect the public from the economic and social disruption caused by coastal flood damage; and

To minimize the need for rescue relief efforts associated with coastal flooding and generally undertaken at the expense of the general public.

AREA OF SPECIAL FLOOD HAZARD

Definitions. As used in this section, the following terms shall have the meanings indicated:

APPEAL

A request for a review of the Construction Official's interpretation of any provision of this chapter or a request for a variance from the Board of Adjustment.

Land in the City of North Wildwood with a 1% chance (one chance in 100) or greater of flooding in any given year, as designated on the most recent FIRM by the Federal Emergency Management Agency as Zone A1-30 or V1-30.

BASE FLOOD ELEVATION

A determination of the water surface elevations of the flood level, above sea level, that has a 1% or greater chance of occurrence in any given year, as designated on the most recent FIRM by the Federal Emergency Management Agency.

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BEACH

Gently sloping unvegetated areas of sand that extend landward from the mean high water line of the Atlantic Ocean and Hereford Inlet to either:

The vegetation line connecting the most seaward naturally occurring perennial plants with other such plants;

A man-made structure generally parallel to the Atlantic Ocean or Hereford Inlet, such as a retaining structure, seawall, bulkhead, revetment, road, or boardwalk, except that sandy areas that extend fully under or landward of an elevated boardwalk are considered to be beaches; or

FLOOD INSURANCE RATE MAP (FIRM)

The seaward edge of the dunes.

BREAKAWAY WALL

A wall or partition, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or other suitable building material, that is not part of the structural support of the building and is intended, through its design and construction, to collapse or break away under specific lateral loading forces, such as abnormally high tides or wave action, without causing damage to the elevated portion of the building or its supporting foundation system.

COASTAL HIGH-HAZARD AREA

An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations or storage of equipment or materials.

DUNES

A formation of vegetated or drifting, wind-blown sand, either deposited by the waves and wind or man-made, that lies generally parallel to and landward of the beach, extending landward to the foot of the most inland dune slope.

ELEVATED BUILDING

A nonbasement building built in the case of a building in an area of special flood hazard to have the top of the elevated floor or in the case of a building in a coastal high-hazard area to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, elevated building also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, "elevated buildings" also includes a building otherwise meeting the definition of elevated building even though the lower area is enclosed by means of breakaway walls.

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of North Wildwood. The most recent map is dated January 6, 1983.

FLOOD INSURANCE STUDY

The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary/Floodway Map and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of tidal waters; or

FLOODPLAIN MANAGEMENT REGULATIONS

The unusual and rapid accumulation of runoff of surface waters from any source.

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance), and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FREEBOARD

A factor of safety usually expressed in feet above the base flood elevation. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the base flood elevation.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places:

Approved by a state program as authorized by the Secretary of the Interior; or

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

Directly approved by the Secretary of the Interior.

LOWEST FLOOR

The lowest level of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure complies with the applicable construction standards of this section.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a recreation vehicle.

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after 1971, the effective date of a predecessor Floodplain Management Ordinance adopted by the City of North Wildwood.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

PRIMARY FRONTAL DUNE

A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.

RECREATION VEHICLE

A vehicle which is built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

SAND DUNES

Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION

Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration effects the external dimensions of the building.

STRUCTURE

For the purpose of this section, a walled and roofed building, a manufactured home, or a gas or liquid storage tank, that is principally above ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place during the life of the structure, the cumulative cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project or improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

Any alteration of a structure listed on the National Register of Historic Places or the State Register of Historic Places.

VARIANCE

A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section because a literal enforcement would result in unnecessary hardship.

General provisions.

Penalties for noncompliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations.

Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions on permits) shall constitute an offense. Each calendar day of violation shall constitute a separate and individual violation.

Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case and shall bear the full cost of correcting any and all violations.

Nothing herein contained shall prevent the City of North Wildwood from taking such other lawful action as is necessary to prevent or remedy any violation.

Basis for establishing the areas of special flood hazard. The areas of special flood delineated by the Federal Emergency Management Agency in a specific engineering report entitled "The Flood Insurance Study for the City of North Wildwood, New Jersey," together with the accompanying Flood Insurance Rate Map, dated February 16, 1996, are hereby adopted by reference and declared to be a part of this section. The Flood Insurance Study and the most recently adopted Flood Insurance Rate Map is on file and available for public inspection in the office of the City Clerk, City of North Wildwood, 901 Atlantic Avenue, North Wildwood, New Jersey, 08260.

Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the most stringent restrictions shall prevail.

Interpretation. In the interpretation and application of this section, all provisions shall be:

Considered as a minimum requirement;

Liberally construed in favor of the governing body of the City of North Wildwood; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

Warning and disclaimer of liability. The degree of coastal flood hazard protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section shall not create liability on the part of the City of North Wildwood or by any other officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Construction permit.

Requirement to obtain a construction permit. A construction permit shall be obtained from the Construction Official of the City of North Wildwood before any construction or development begins within any area of special flood hazard, with the exception of any development that requires site plan approval from the Planning Board in accordance with § 276-63B of this chapter. Site plans shall also meet the requirements of this section. The Construction Official may waive this permit requirement for small-scale, nonstructural activities that, in his opinion, are unlikely to increase or alter coastal flood hazards.

Application for a construction permit. Application for such a construction permit shall be made on forms provided by the Construction Official and may require the submission of information, including, but not limited to:

Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question;

The location and quantity of proposed filling;

The location and quantity of proposed storage of materials; and

The location of drainage facilities.

Required information for a construction permit. Applications for a construction permit shall include the following information:

Elevation in relation to mean sea level of the lowest floor, including basement, of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Plans showing how any nonresidential floodproofed structure will meet the floodproofing criteria of this section and, after the structure is built, certification by a registered engineer or architect that the structure as built meets the floodproofing criteria of this section; and

A description of the event to which any watercourse will be altered or relocated as a result of proposed development.

Designation of the Construction Official. The Construction Official is hereby appointed to administer and implement this section by granting or denying construction permit applications in accordance with its provisions.

Duties and responsibilities of the Construction Official. The duties of the Construction Official shall include, but not be limited to:

Permit review.

Review applications for construction permits and decide whether the requirements of this section have been met;

Review proposed development to assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law or county or municipal ordinance;

[c]

Review all proposed development in the coastal high-hazard area to determine if the proposed development complies with this section or would alter the beach or dunes so as to increase the potential risks of coastal flood damage;

[d]

Review plans for walls to be used to enclose space below the base flood level in accordance with § 276-51B(7)(d).

Obtain and maintain information on elevations of structures.

Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures, and whether the structure contains a basement;

For all new or substantially improved floodproofed structures:

[i]

Verify and record the actual elevation, in relation to mean sea level, to which the structure was floodproofed; and

[ii]

Maintain the floodproofing certifications required in § 276-51B(6)(e)[2][c];

[iii]

All new or substantially improved structures in coastal high-hazard areas, obtain and record the elevation, in relation to mean sea level, of the lowest structural member of the lowest floor, excluding pilings and columns, whether or not such structures contain a basement.

[iv]

In coastal high-hazard areas, certification shall be obtained from a registered, professional engineer or architect that the provisions of Subsection B(5)(e)[2][b][iii] are met.

[v]

Maintain for public inspection all records pertaining to the provisions of this chapter.

Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the boundary interpretation, as provided in this section.

Flood-resistant materials and methods.

Anchoring.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Flood-resistant materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Utilities.

All new replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters in the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Lowest floor elevation for residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.

Lowest floor elevation or floodproofing for nonresidential construction. New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either:

Have the lowest floor, including basement, elevated no lower than one foot above the level of the base flood elevation; or

Together with attendant utility and sanitary facilities, shall:

Be floodproofed to a level no lower than one foot above the base flood level so that the structure is watertight below the required elevation with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

[c]

Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Construction Official.

Pilings. All structures built hereafter on any bulkheaded or waterfront property, whether bay, inlet, or ocean, shall be built or placed on pilings, and if wood pilings, they shall be pressure treated with a minimum twelve-pound creosote to resist decay, and the same shall likewise be applied to the bulkheads.

(7)

Supplemental construction standards for coastal high-hazard areas (V-Zones).

Location landward of the mean high tide. All buildings or structures shall be located landward of the reach of the mean high tide.

Mobile homes. The placement of mobile homes is prohibited, except in an existing mobile home park or mobile home subdivision.

Elevation of structures on pilings.

All new construction and substantial improvements shall be elevated on pilings and columns, so that:

The bottom of the lowest horizontal member of the lowest floor (excluding the pilings and columns) is elevated to or above the base flood elevation; and

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a 1% chance of being equalled or exceeded in any given year.

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used for elevating the structure are in accordance with accepted standards of practice for meeting the provisions of this subsection.

Space below lowest floor.

All new construction and substantial improvements, as well as any alteration, repair, reconstruction, or improvement to a structure started after the enactment of this section, shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation.

For the purposes of this subsection, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square feet may be permitted only if a registered professional engineer certifies that the design is proposed to meet the following conditions:

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

The elevated portion of the building and supporting foundation shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components, both structural and nonstructural. Maximum wind and water loading values to be used in this determination shall each have 1% chance of being equalled or exceeded in any given year.

Use of enclosed space. If breakaway walls are used, such enclosed space shall not be used for human habitation and may be used solely for parking of vehicles, building access or storage.

Prior to construction, plans for any breakaway walls must be submitted to the[1]

Editor's Note: So in original.

Prohibition of fill for structural support. The use of fill for structural support of buildings in the coastal high-hazard area is prohibited.

Location landward of seawalls. All new construction or substantial improvements adjacent to seawalls, revetments, bulkheads or other shore protection structures fronting on the Atlantic Ocean or Hereford Inlet shall be set back a minimum of 50 feet from the center line of the shore protection structure to reduce the risks of damage from wave runup and overtopping and maintain the accessibility of the shore protection structure for future repairs and reconstruction.

(8)

Beach and dune protection.

The removal of sand from the beach or dunes is prohibited.

The alteration of dunes that would increase the risk of coastal flood hazards and potential damage is prohibited.

All existing natural and man-made dunes shall be preserved and, where suitable, enhanced, restored, and created.

Dunes may be created, where they do not exist, or restored, where damaged, through the use of sand/snow fencing, which shall be planted with American Beachgrass, Ammonphilia breviliqulata (Cape variety), to increase plant cover and stabilize the dunes. Newly planted dunes shall be fertilized. Protective sand/snow fencing shall be placed around newly created or restored dunes.

Limited pathways, trails, and walkovers through and over dunes may be provided where necessary to provide access for the public to the beach and ocean waters. Protective sand/snow fencing shall be placed along such pathways to protect the dunes from pedestrian traffic.

The removal, cutting, burning, or destruction of natural vegetation, sand fences, or other types of dune protection devices is prohibited except for the construction authorized pursuant to Subsection B(8)(d).

No person shall be in a dune unless on an approved pathway or in the performance of such activities as may reasonably be necessary and required to construct, maintain, or monitor the dune.

The use of dune buggies, motorcycles, motorbikes, jeeps, and similar motor vehicles is prohibited in dunes.

(9)

Permitted uses of beaches and dunes.

Open space, beach and water recreation.

Protective sand dunes and related improvements, such as sand/snow fencing and plantings to stabilize dunes.

Stairs, pathways, walkthroughs, and walkovers to protect dunes and provide access to the beach and ocean.

Buildings and structures necessary for public safety and convenience, including first aid stations, lifeguard stations, comfort stations, boardwalks, pavillions, piers, and related facilities.

Shore protection projects, both structural and nonstructural, including groins, jetties, seawalls, revetments, bulkheads, beach nourishment, and dune creation.

All other uses are prohibited.

(10)

Variances and appeals.

Appeal to the Planning Board of Adjustment. The Planning Board as established by this chapter shall hear and decide appeals and requests for variances from the requirements of this section.

Appeals of alleged errors to the Planning Board. The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Construction Official in the enforcement of this section.

Appeal of decision of the Planning Board. Any person aggrieved by the decision of the Planning Board or any taxpayer may appeal such decision to the Superior Court of New Jersey as provided by law.

Variances for historic structures. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Register of Historic Places without regard to the procedures, considerations, or findings set forth in this section.

Considerations in reviewing variance requests. In reviewing applications for appeals or variances from this coastal flood hazard protection system, the Planning Board shall consider all technical evaluations, all relevant factors, all standards specified in this section, and the following considerations:

The danger that materials may be swept onto other land to the injury of others;

The danger of life and property due to flooding or erosion damage;

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

[5]

The necessity to the facility of a waterfront location, where applicable;

[6]

The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

[7]

The compatibility of the proposed use with existing and anticipated development;

[8]

The relationship of the proposed use to the Master Plan for that area;

[9]

The safety of access to the property in times of flood for ordinary and emergency vehicles;

[10]

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

[11]

The costs of providing governmental services during and after flood conditions, including maintenance and repair or public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

Conditions for variances.

Variances may generally be issued only for new construction and substantial improvements to be erected on lots of less than 1/2 acre, contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided the findings by this section have been met.

The Construction Official shall notify the applicant for a variance that:

The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance; and

Such construction below the base flood increases risks to life and property.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Findings required for variances. Variances shall only be issued upon four findings by the Planning Board:

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief;

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

Records maintained by the Construction Official.

The Construction Official shall maintain a record of all variance actions, including justification for their issuance, and report such variances in his annual or biennial report to the Federal Emergency Management Agency.

The Construction Official shall maintain a record of all notifications to applicant for variances, as required by Subsection B(10)(f)[2].

(11)

Subdivision proposals.

All subdivision proposals shall be consistent with the need to minimize flood damage;

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).

(12)

Enclosure openings. For all new construction and substantial improvements that fully enclose areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

(13)

Manufactured homes.

Manufactured homes shall be anchored in accordance § 276-51B(6)(a).