[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Public boat docks and bulkheads — See Ch. 198.
Uniform construction codes — See Ch. 252.
Land use and development regulations — See Ch. 348.
[1]
Editor's Note: This ordinance repealed former Ch. 201, Boat Facility and Bulkhead Construction, adopted 11-27-1973 by Ord. No. 1378 as Ch. 55 of the 1973 Code.
A. 
Either the Building Inspector or Building Superintendent may issue said permit for and on behalf of the Township when proper application has been made therefor, proper plan thereof submitted with application and correct fee paid for building or construction permit.
B. 
No person, firm or corporation shall:
(1) 
Dig, pump out or construct a boat basin, boat docking facility, stream, lagoon, channel, marina or other area, where natural earth is moved and water substituted therefor, in whole or in part, unless and until a building permit is obtained for such digging, pumping or construction and for the proper bulkheading thereof, from this municipality, through its Building Inspector or Building Superintendent, and which building permit shall include the construction of bulkheading as hereinafter provided.
(2) 
Use any boat basin, boat docking facility, stream, lagoon, channel, marina or other area referred to in either of the two preceding subsections, unless and until the said building permit therefor has been issued and has been therefor paid, and the construction of the boat basin, boat docking facility, stream, lagoon, channel, marina or other area covered by the building permit has been completely constructed, including the bulkheading thereof, and the said construction and bulkheading inspected and approved by the municipality through its Building Superintendent or Building Inspector. The Department of Public Works and Township Engineer shall inspect the outfall pipe and bulkhead penetration. In lieu of this inspection, the property owner may submit certification of proper installation by a licensed engineer.
(3) 
Acquire, take over or operate any boat basin, boat docking facility, stream, lagoon, channel, marina or other similar area previously dredged by or for any federal, state, county or local government, or any agency of any of them, before such project and area is properly bulkheaded as provided for in this chapter, if same has been turned over to any person, firm or corporation for his or its own profits or benefits.
(4) 
Proceed to do any of the acts mentioned in the four preceding subsections until the applicant has made a written application to the municipality, through its Building Inspector or Building Superintendent, for a permit to construct and bulkhead such of the said items as the applicant may desire to construct, and shall have paid the proper fees for constructing said bulkheads, and which fees are the same as similar required municipal fees for constructing bulkheads elsewhere in Toms River Township, to wit:
(a) 
Twenty dollars for first 50 linear feet or fractional part thereof of bulkheading; and
(b) 
Ten dollars for each additional 50 feet or fractional part thereof of bulkheading.
(5) 
Pump, truck or otherwise transport any of the sand, soil, mud or other earth dug in or from Toms River Township in connection with any of the projects covered by this chapter to any other municipality or place outside Toms River Township.
(6) 
Construct or use such a boat basin, boat docking facility, stream, lagoon, channel, marina or other area in any zone where same is not permitted by the Zoning[1] or other ordinance or ordinances of the municipality.
[1]
Editor's Note: For zoning regulations, see Ch. 348, Land Use and Development Regulations.
(7) 
Fail, neglect or refuse to get a use permit from Board of Adjustment or Planning Board for construction or operation, or both, where necessary under the Zoning or other ordinance or ordinances of municipality.
(8) 
Have the soil and water or either pumped out or removed from the basin, facility, stream, channel, marina or other area in such a manner that the surface of the area where the residue of said pumping or removal placed shall not properly drain and so that such pumping or removal shall cause or permit water to stand or pond thereon to be the cause of blocking the other drainage of lands in the immediate vicinity of such pumping, removal or placing of residue.
The standards for construction of bulkheads as referred to herein are:
A. 
The bulkheads shall be designed either for shallow water bulkhead or deep water bulkhead, as the case in point may necessitate. See and follow design for either of said types of bulkheading required in particular instance and location, as shown in designs attached to "Standard Official Specifications, Toms River Township, Ocean County, New Jersey" dated February 9, 1960, revised May 25, 1961, and further revised August 8, 1961, by John A. Ernst, Jr., Township Engineer. Copies of said Standard Official Specifications and designs for both said types of bulkheads are filed in the offices of and may be seen and examined at each of the following municipal officials' offices: Township Engineer, Township Clerk and Township Building Superintendent during regular business hours of said offices. The particular circumstances, conditions and nature of the project in question, when taken into consideration with the designs for the shallow water bulkheads and deep water bulkheads aforesaid, shall and will govern which type of bulkhead should and must be used in a given circumstance. If any question arises as to type of bulkhead to be constructed in a given area, the Township shall make the final determination through its Township Engineer and Building Department; and upon written application, the municipality will furnish any applicant with a written determination, upon the applicant filing a proper application for a building permit and paying the proper fee as provided in this chapter.
B. 
All timber used, except as noted below, shall be new and unused Douglas fir, southern yellow pine or cypress.
C. 
Piles, walls and sheet piling shall be pressure-treated with creosote oil by the full-cell process, and shall retain not less than 16 pounds of oil per cubic foot of timber.
D. 
Sheet piling shall be tongue-and-groove.
E. 
All piles and timber shall be to the plan dimensions shown on the designs for said items in said Standard Official Specification and designs for bulkhead construction attached thereto.
F. 
Anchor piles and anchor logs may be untreated local oak or pine timbers.
G. 
All hardware used in the construction of bulkheads shall be new, unused and galvanized. All such hardware shall be to the dimensions shown in the respective designs attached to said Standard Official Specifications and made part thereof.
H. 
All timber bulkheads shall be erected true to lines and grades shown in application for building permit, and in said permit, and shall be properly backfilled so they will remain firm and in place.
I. 
All timber bulkheads shall be constructed in a thoroughly good workmanlike manner.
The maximum penalty to be imposed for a violation of any of the provisions of this chapter is a fine not exceeding $400 or imprisonment in the Ocean County Jail for a term not exceeding 30 days, or both, at the discretion of the judge before whom such conviction is had.
Each separate day a violation shall continue shall be considered a separate and distinct violation and may be prosecuted and punished accordingly.
No conviction under this chapter shall be construed as a satisfaction of the terms and provisions hereof so as to prevent subsequent and further prosecutions and convictions for subsequent violations hereunder.
Any person, firm or corporation desiring to dig, pump out or construct a boat basin, boat docking facility, lagoon, stream, channel, marina or other area may, if said person, firm or corporation shall so desire, elect to make application for building permit and follow procedures under Ordinance No. 623 and Ordinance No. 467,[1] adopted November 13, 1956, and subsequent ordinances amending and supplementing said ordinances, and which ordinances were for the purposes, among other things, of regulating and fixing requirements and standards for the proper subdivision of land under and pursuant to authority of N.J.S.A. 40:55-1.1, etc.,[2] and other applicable statutes, instead of making application for building permit and following procedures outlined in this chapter.
[1]
Editor's Note: Said Ord. Nos. 467 and 623 have been superseded; see now Ch. 348, Land Use and Development Regulations.
[2]
Editor's Note: N.J.S.A. 40:55-1.1 through 40:55-1.42 was repealed by L.1975, c. 291, § 80, effective 8-1-1976.
The purposes of making the provisions set forth in § 201-6 are that:
A. 
Any person, firm or corporation desiring to construct any item referred to in § 201-1 hereof, in any subdivision of land in this municipality, would be required to comply with Ordinance Nos. 623 and 467,[1] and amendments and supplements thereto, as well as Ordinance No. 485,[2] adopted December 26, 1957, which fixes charges or fees for bulkhead construction in subdivisions of lands.
[1]
Editor's Note: Said Ord. Nos. 467 and 623 have been superseded; see now Ch. 348, Land Use and Development Regulations.
[2]
Editor's Note: Superseded by Ord. No. 527. See now Ch. 252, Construction Codes, Uniform.
B. 
It may be claimed that if some owner or possessor of certain land desired to dig, pump out or construct a boat basin, boat docking facility, stream, lagoon, channel, marina or other area as referred to in § 201-1 hereof, and did not desire to subdivide said land, such owner or possessor and said land would not come under the provisions of any of said ordinances, standards or regulations.
C. 
It is to cure the possible contingency referred to in the preceding subsection that this chapter is prepared and passed and to assure that each and every person, firm and corporation engaged in the same or similar construction or operation in this municipality shall be subject to substantially the same rules, regulations, standards and requirements.
Each section and provision of this chapter shall be considered as a separate and distinct unit. Nothing in this chapter shall be construed to apply to dredging done by or for:
A. 
The United States Government or any of its agencies or departments;
B. 
The State of New Jersey or any of its departments;
C. 
The County of Ocean or any of its departments;
D. 
The Township of Toms River or any of its departments; when such federal, state, county or municipal dredging is done as a public project and for public benefit, as contrasted to dredging done by a private person, firm or corporation for his or its own business and profit.