NOTICE OF PENDING ORDINANCE
Notice is hereby given that the following ordinance was introduced at a meeting of the Board of Commissioners of the Borough of Wildwood Crest on June 3, 2026 and passed on first reading, and the same was then ordered to be published according to law; and that such ordinance will be further considered for final passage at a meeting of the Board of Commissioners to be held at the Borough Hall in said Borough on June 17, 2026 at 5:00 P.M. prevailing time, or as soon thereafter as possible, at which time and place all persons interested will be given an opportunity to be heard concerning such ordinance.
BOROUGH OF WILDWOOD CREST
COUNTY OF CAPE MAY
NEW JERSEY
ORDINANCE NO. 1491
ORDINANCE OF THE BOROUGH OF WILDWOOD CREST AMENDING AND SUPPLEMENTING THE LAND DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD CREST TO MEASURE THE HEIGHT OF A BUILDING FROM DESIGN FLOOD ELEVATION
WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest has determined that it is necessary and proper for good government, order and the protection of persons and property, and for the preservation of the public health, safety and welfare of the Borough and its inhabitants to supplement and amend the Code of the Borough of Wildwood Crest Land Development Ordinance to regulate height of buildings that will be measured from design flood elevation within the Borough of Wildwood Crest as set forth herein as authorized by N.J.S.A. 40:55D-62; and
WHEREAS, the Board of Commissioners of the Borough of Wildwood Crest determines that the amendments and additions to the Borough’s Land Development Ordinance are reasonable and appropriate and are substantially consistent with the master plan and are designed to effectuate that plan, subject to referral of this ordinance to the Wildwood Crest Planning Board for a determination that the below revisions are reasonable and appropriate and consistent with the Borough’s Master Plan, in accordance with N.J.S.A. 40:55D-26 prior to final adoption.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Borough of Wildwood Crest, in the County of Cape May, New Jersey, as follows:
Section 1. The portion of Ordinance 1487, adopted 5-6-2026, that had been codified in the Code of the Borough of Wildwood Crest as Section 85-11 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Section 85-11 Definitions.
BUILDING HEIGHT
The vertical dimension of a building measured to the highest point of the roof from the design flood elevation base flood elevation or top of curb, whichever is higher.
DESIGN FLOOD ELEVATION
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community’s ordinance. In no circumstances shall a project’s DFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.
Section 2. The portion of Ordinance No. 1287-2018 § 2; the portion of Ordinance 1442 adopted 1-2-2025; the portion of Ordinance No. 1487 adopted 5-6-2026, that had been codified in the Code of the Borough of Wildwood Crest as Section 85-28 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Article IV R-1 Low Density Residential Zone
§ 85-28 Area and Bulk Regulations.
J. Building and eave height.
1. Maximum building height for a single-family shall be 2 1/2 stories not to exceed 32 feet to the topmost part of the roof measured from the design flood elevation base flood elevation or 34 feet from the top of the curb, whichever is higher. All principal structures shall have a minimum two-foot high, nonhabitable crawl space or freeboard foundation.
2. The maximum height of the principal roof eave of a building shall not exceed 23 feet measured from the design flood elevation base flood elevation or 25 feet above from the top of curb, whichever is higher. (See Principal Roof, as defined)
Section 3. The portion of Ordinance No. 1287-2018 § 4; the portion of Ordinance No. 1442 adopted 1-2-2025; the portion of Ordinance No. 1466 adopted 8-13-2025; and the portion of Ordinance No. 1487 adopted 5-6-2026, that had been codified in the Code of the Borough of Wildwood Crest as Section 85-32 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Article V R-1A Semi-Low Density Residential Zone
§ 85-32 Area and Bulk Regulations.
I. Maximum building height for a single-family shall be 2 1/2 stories not to exceed 32 feet to the topmost part of the roof measured from the design flood elevation base flood elevation or 34 feet from the top of the curb, whichever is higher. All principal structures shall have a minimum two-foot high, nonhabitable crawl space or freeboard foundation.
J The maximum height of the principal roof eave of a building shall not exceed 23 feet measured from the design flood elevation base flood elevation or 25 feet from the top of curb, whichever is higher. (See Principal Roof, as defined).
Section 4. The portion of Ord. No. 1287-2018 § 5; the portion of Ordinance No. 1442 adopted 1-2-2025; the portion of Ord. No. 1487 adopted 5-6-2026, that had been codified in the Code of the Borough of Wildwood Crest as Section 85-40 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Article VII R-2 Two-Family Residential Zone
§ 85-40 Area and Bulk Regulations.
G. Building and Eave Height.
1. Maximum building height for a duplex shall be two habitable stories and for a single-family shall be 2 1/2 stories not to exceed 32 feet to the topmost part of the roof measured from the design flood elevation base flood elevation or 34 feet from the top of the curb, whichever is higher. All principal structures shall have a minimum two-foot high nonhabitable crawl space or freeboard foundation
2. The maximum height of the principal roof eave of a building shall not exceed 23 feet measured from the design flood elevation base flood elevation or 25 feet above highest adjacent grade, as defined, whichever is higher. (See Principal Roof, as defined).
Section 5. The portion of Ordinance No. 983 adopted 10-26-2005; the portion of Ordinance No. 977 adopted 6-29-2005 that had been codified in the Code of the Borough of Wildwood Crest as Section 85-49 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Article IX B-1 Business Zone
§ 85-49 Area and Bulk Regulations.
H Maximum building height shall be two stories, but not to exceed 29 feet in height to the topmost point of the roof from the design flood elevation base flood elevation.
Section 6. The portion of Ordinance No. 834 adopted 9-24-1997; the portion of Ordinance No. 1287 adopted 9-5-2018; the portion of Ordinance No. 1466 adopted 8-13-2025 that had been codified in the Code of the Borough of Wildwood Crest as Section 85-55 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Article X MC Marine Commercial Zone
§ 85-55 Area and Bulk Regulations.
H. Maximum building height shall be two stories, but not to exceed 29 feet in height to the topmost point of the roof from the design flood elevation base flood elevation.
Section 7. The portion of Ordinance No. 977 adopted 6-29-2005; the portion of Ordinance No. 983 adopted 10-26-2005 that had been codified in the Code of the Borough of Wildwood Crest as Section 85-62 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Article XII W-1 Beach Front Recreation Zone
§ 85-62 Area and Bulk Regulations.
A Maximum building height shall be one story, but not to exceed 16 feet in height to the topmost point of the structure from the design flood elevation base flood elevation.
Section 8. The portion of Ordinance No. 977 adopted 6-29-2005; the portion of Ordinance No. 983 adopted 10-26-2005 that had been codified in the Code of the Borough of Wildwood Crest as Section 85-64 of Chapter 85 is hereby amended and supplemented as follows (added language is underlined, deleted language is stricken):
Article XIII W-2 Sunset Lake Recreation Zone
§ 85-64 Area and Bulk Regulations.
A Maximum building height shall be one story, but not to exceed 16 feet in height to the topmost point of the structure from the design flood elevation base flood elevation.
Section 9. The remainder of all other sections and subsections of the aforementioned ordinance not specifically amended by this Ordinance shall remain in full force and effect.
Section 10. All other ordinances in conflict with or inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
Section 11. If any portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of this ordinance, but shall be confined in its effect to the provision directly involved in the controversy in which such judgment shall have been rendered.
Section 12. This ordinance shall become effective twenty (20) days after final passage and advertisement thereof as required by law.
Section 13. The Cape May County Planning Board and adjoining municipalities shall be provided notice of this proposed ordinance in accordance with N.J.S.A. 40:27-6.10 and N.J.S.A. 40:55D-15. A copy of the effective ordinance shall be filed with the Cape May County Planning Board pursuant to N.J.S.A. 40:55D-16.
Dated: June 3, 2026
Patricia A. Feketics, Borough Clerk
