[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-19-1933 by Ord. No. 250; readopted 8-1-1967 by Ord. No.
476 (Ch. 244 of the 1975 Code)]
As used in this article, the following terms shall have the
meanings indicated:
A license which will remain in force continuously until the
first day of January next succeeding its issuance.
A license which will remain in force for a limited time,
not exceeding 10 consecutive days.
[Amended 12-15-1970 by Ord. No. 524A-70]
No person, firm or corporation, except the Borough of Edgewater,
shall place, store, moor, abandon or maintain any scow, barge or similar
vessel of whatsoever kind, in waters of the Hudson River within the
jurisdictional limit of the Borough of Edgewater, without a license
for that purpose first had and obtained as hereinafter provided. This
section shall not apply to scows, barges or similar vessels which
are used solely for the purpose of making deliveries or pickups incidental
to the use on the adjacent property for a period not to exceed 10
days.
The licenses issued hereunder shall be of two kinds, annual
licensee and temporary licenses.
Any person desiring an annual license shall file a written application
with the Borough Clerk, setting forth the number, type, age and condition
of the scows, barges or other vessels to be stored, moored or maintained,
and shall also file the deed or other evidence of title to the lands
to be occupied thereby. Upon the filing of any such application, the
Mayor and Council shall give notice of a hearing thereon by advertising
at least once a week for two successive weeks in two newspapers of
general circulation in this Borough and by posting such notice on
the premises referred to in such application. At the time and place
fixed for said hearing, all persons interested therein shall be given
an opportunity to be heard. After said hearing the Mayor and Council,
by resolution, may grant such license if in its judgment it is proper
for the good government, order and protection of persons and property
and for the preservation of the public health, welfare and safety
of the Borough of Edgewater and its inhabitants.
[Amended 9-3-1975 by Ord. No. 581-75]
The Mayor and Council may require any person desiring an annual
license to file with the Borough Clerk a satisfactory surety bond
in such sum as shall be determined by the Mayor and Council, but in
no event shall said bond be less than one $1,000, said bond to be
continued in force during the term of said license or any renewal
thereof, and to be conditioned for the prompt removal of any scow,
barge or other vessel from the lands described in said license and
the removal therefrom of all obstructions, whether above or beneath
the surface of the water, at or before the expiration of the term
of said license, and in default of said removal, to pay the cost thereof
to the Borough of Edgewater, should it incur expense in causing said
removal.
[Amended 9-3-1975 by Ord. No. 581-75]
All annual licenses granted pursuant to this article may be
renewed annually thereafter by resolution of the Mayor and Council,
without readvertising or holding a rehearing thereon, upon the payment
of the necessary license fee; provided, however, that the terms of
all renewal licenses shall conform strictly to the terms of the original
licenses.
Any person desiring a temporary license shall file a written
application with the Borough Clerk, setting forth the number, type,
age and condition of the scows, barges or vessels to be stored, moored
or maintained, the period of time for which said license is desired,
and shall also file the deed or other evidence of title to the lands
to be occupied thereby. Upon the filing of such application, the Mayor
and Council may grant said temporary license by resolution, without
advertising or holding a hearing thereon, if in its judgment it is
proper for the good government, order and protection of persons and
property and for the preservation of the public health, welfare and
safety of the Borough of Edgewater and its inhabitants.
[Amended 9-3-1975 by Ord. No. 581-75; 12-5-1994 by Ord. No. 1038-94]
The fee for the granting of an annual license to store, moor
or maintain one scow, barge or other vessel shall be $250, and for
each additional scow, barge or other vessel included in a single annual
license, there shall be an additional fee of $100. The fee for the
granting of a temporary license to store, moor or maintain one scow,
barge or other vessel shall be $100 for each vessel stored.
[Adopted 4-5-1983 by Ord. No. 742-83 (Ch. 246 of the 1975
Code)]
This article shall be known as the "Waterfront Ordinance."
A.Â
BOROUGH
DEBRIS
DIRECTOR
DRIFT
FINAL ORDER
NAVIGABLE WATERS
PERSON
PREMISES
WATERFRONT, SHORE or BANK
Unless otherwise expressly stated, the following words and phrases
shall have the meanings respectively ascribed to them in this section:
The Borough of Edgewater in the County of Bergen and State
of New Jersey.
Any loose material not attached to the land or to any structure
and which is capable of becoming drift.
An official of the Borough appointed by the Mayor with the
consent of the Borough Council.
Any floatable material which may cause damage to vessels
or craft.
Either the order of the Director after the time to request a review thereof has lapsed, or the order of the Director issued as a result of the review requested in § 444-16.
The waterways which are capable of carrying interstate commerce,
and the tributaries thereto, within the geographical limits of the
Borough.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
The land, building, wharf, pier, dolphin, boom, weir, breakwater,
bulkhead, jetty or other structure, and shall include all or any as
may be necessary.
That portion of the land which borders navigable waters and
which lies shoreward of the established harbor lines or low-water
mark within the corporate limits of the Borough.
B.Â
When not inconsistent with the context, words used in the present
tense shall include the future and words used in the singular shall
include the plural number. The word "shall" is always mandatory and
not merely directory.
The general purpose of this article is the elimination of sources
of drift and debris which constitute possible obstacles or hazards
to existing navigation on the navigable waters of this Borough by
the removal and disposal of debris and deteriorated structures on
the shores of such waters, and liable to be washed into such waters.
Whenever the Director has reasonable grounds to believe that
debris placed or deposited on the banks of any navigable water is
liable to be washed into such navigable water by any cause whatsoever
and thereby be or become a source of drift likely to hinder, impede
or otherwise obstruct navigation, or the condition of any wharf, pier,
dolphin, boom, weir, breakwater, bulkhead, jetty or other structure
on or bordering on the shores of any navigable water is so dilapidated
and deteriorated as to be or become a source of drift or debris liable
to be washed into such navigable waters by any cause whatsoever and
thereby likely to hinder, impede or otherwise obstruct navigation,
the Director may declare the same to be a public nuisance and thereupon
order that the same be removed, abated, altered or repaired as such
order may specify.
The order of the Director issued pursuant to § 444-13 of this article shall be in writing, directed to the occupant, and last known owner of record, if not such occupant, of the premises which are the subject of the complaint, and shall specify whether the condition complained of shall be removed, abated, altered or repaired.
The order of the Director issued pursuant to § 444-13 shall be served upon the occupant, and the last known owner of record, if not such occupant, of the premises which are the subject of the complaint either by personally delivering a copy of such order to such occupant and last known owner of record or by registered mail addressed to such persons at their last known address.
Within 15 days after service of the order of the Director issued pursuant to § 444-13 or, under emergency, within such shorter time as the Director may prescribe, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the Director to review the same. The Director, or his agent after such review, at which all interested parties shall be afforded the opportunity to be heard, may affirm, modify or reverse the order of the Director as the facts may warrant.
Within 15 days after service of the order of the Director issued pursuant to § 444-13, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the Mayor and Council to review such determination. The Mayor and Council shall hold a hearing on such appeal within 30 days after said appeal is filed, at which time all interested parties shall be afforded the opportunity to be heard. The Mayor and Council may affirm, modify or reverse the order of the Director as the facts and evidence presented may warrant. If appeal is not filed within the time period above set forth, the order of the Director shall be final and conclusive.
In the event that the persons to whom the order of the Director
is directed fail or refuse to comply with the terms of such order
within 30 days after such order has become final, the Director shall,
without further notice to any person, take or cause to be taken the
necessary action to remove, abate, alter or repair the nuisance as
specified in the order of the Director. The costs and expenses incident
thereto shall be a personal charge against the occupant, and last
owner of record, if not such occupant, of the premises affected and
all appurtenances thereto.
No person shall abandon any flat-bottomed boat, barge, scow
or raft upon any public land or waterway to or upon any private property
within the Borough without the prior written permission of the Director
of Public Works, who is hereby designated by the Borough Council to
perform this function. A flat-bottomed boat, barge, scow or raft which
has remained moored, grounded or otherwise attached fastened to or
upon any public land or waterway or any private property without such
consent for a period of more than 20 days shall be prima facie evidence
of such abandonment.
The owner of any occupied or unoccupied barge, which is to be
docked in or on the banks of any river or navigable waterway within
the Borough for more than 10 consecutive days, shall post a surety
bond in the amount of $25,000 with the Borough Clerk and in favor
of the Borough, said bond being issued by an insurance company authorized
to do business in the State of New Jersey.
In the event that a barge bonded in accordance with the preceding
section sinks or otherwise becomes unable to navigate under its own
power, the bond so posted shall be forfeited to the Borough to aid
in the removal of such barge from any river, riverbank or navigable
waterway within the Borough.
The surety on a bond issued pursuant to the above shall have
the right to immediately cancel such bond upon the removal of the
barge from the rivers and riverbanks of the Borough.
This article shall not apply to barges, ships or boats owned
or operated by common carriers engaged in interstate or foreign commerce,
nor shall it apply to pleasure craft used on a seasonal basis.
In the event that a person shall abandon any flat-bottomed boat, barge, scow, raft or vessel in contravention of § 444-19 of this article, and the owner of such vessel is unknown, the Mayor and Council may publish a notice in a newspaper of general circulation within the Borough, wherein shall be set forth the approximate date of abandonment of such vessel and the location thereof, and that unless such vessel is removed from the confines of the Borough within 60 days after publication of such notice, the Borough may without further notice have same removed by appropriate action.
