[1975 Code § 120-1; New]
No person shall:
a. 
Begin to or continue to dig, pump out or construct a boat basin, boat docking facility, lagoon, stream, 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 from this municipality through its Code Enforcement Official for such digging, pumping or construction, including the proper bulkheading of the basin, facility, lagoon, stream, channel, marina or area, and which building permit shall include the construction of bulkheading as hereinafter provided. The Code Enforcement Official may issue the permit for and on behalf of the Borough when proper application has been made therefor, as provided for in subsection 22-2 hereof, and a proper plan thereof has been submitted with the application and the correct fee has been paid for a building or construction permit.
b. 
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 Code Enforcement Official, and which building permit shall include the construction of bulkheading as hereinafter provided.
c. 
Use any boat basin, boat docking facility, stream, lagoon, channel, marina or other area referred to in either of the two (2) preceding paragraphs unless and until the building permit therefor has been issued and has been paid for, 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 bulk-heading thereof and the construction and bulkheading has been inspected and approved by the municipality through its Code Enforcement Official.
d. 
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 the same has been turned over to any person for his or its own profits or benefits.
e. 
Proceed to do any of the acts mentioned in the four (4) preceding paragraphs until the applicant has made a written application to the municipality through its Code Enforcement Official 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 as follows:
1. 
Review fee of one (1%) percent of the estimated cost of the project.
2. 
Inspection fee of one and one-half (1 1/2%) percent of the estimated cost.
In any case, a minimum fee of twenty-five ($25.00) dollars shall be required.
f. 
Pump, truck or otherwise transport any of the sand, soil, mud or other earth dug in or from the Borough in connection with any of the projects covered by this chapter to any other municipality or place outside the Borough.
g. 
Construct or use such a boat basin, boat docking facility, stream, lagoon, channel, marina or other area in any zone where the same is not permitted by the zoning regulations or other ordinances of the municipality.
h. 
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 the pumping or removal placed shall properly drain and so that such pumping or removal shall not cause or permit water to stand or pond thereon or be the cause of blocking the other drainage of lands in the immediate vicinity of such pumping, removal or placing of residue.
[1]
Editor's Note: Prior to construction, permits and approvals are required from State and Federal Agencies.
[1975 Code § 120-2]
a. 
The application for a permit referred to in Section 22-1 above shall contain or be accompanied by the following:
1. 
Name and address of applicant.
2. 
General location map of the project, including adjoining properties and waterfront structures.
3. 
In the event dredging or excavating is involved, the results of soil borings or probings indicating types and depths of soil materials encountered.
4. 
Detailed designs of proposed structures showing connections, materials, dimensions and design computations for stability.
5. 
Existing and proposed water depth for the project, if excavation is involved.
6. 
Copies of riparian maps and applications submitted to the Bureau of Navigation where riparian waters are involved.
7. 
Preliminary cost estimate.
b. 
All plans involved in the above shall be prepared by a licensed professional engineer and shall bear his signature and seal. Any surveys involved shall be prepared by a licensed land surveyor and shall bear his signature and seal.
[1975 Code § 120-3]
The standards for the construction of bulkheads as referred to herein are as follows:
a. 
It is recognized that the particular circumstances, conditions and nature of the project in question will govern the type of bulkhead which should and must be used in a given circumstance. If any question arises as to the type of bulkhead to be constructed in a given area, the Borough shall make the final determination through its engineer and Building Departments, and upon written application the municipality will furnish any applicant with a written determination upon the applicant's 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 sixteen (16) pounds of oil per cubic foot of timber.
d. 
Sheet piling shall be tongue and groove.
e. 
Anchor piles and anchor logs may be untreated local oak or pine timbers.
f. 
All hardware used in the construction of bulkheads shall be new, unused and three (3) coat hot dip galvanized wrought iron or steel.
g. 
All timber bulkheads shall be erected true to the lines and grades shown in the application for a building permit and in said permit, and shall be properly backfilled so they will remain firm and in place.
h. 
The top of the bulkhead elevation shall be no less than elevation four point zero (4.0) from mean low water.
i. 
Concrete for bulkheads shall be of proper design and strength and shall be air entrained.
j. 
Steel designs shall comply with the specifications and codes of the American Institute of Steel Construction, latest edition.
k. 
Concrete designs shall comply with the applicable standards of the American Concrete Institute.
l. 
Timber designs shall comply with National Design Specifications for Stress Grade Lumber and Its Fastenings, latest edition.
m. 
All bulkheads shall be constructed in a thoroughly good workmanlike manner.
[1975 Code § 120-4]
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 Borough 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 for his or its own business and profit.
[1975 Code § 120-5; New]
a. 
The maximum penalty to be imposed for a violation of any of the provisions of this chapter is stated in Chapter I, Section 1-5.
b. 
Each separate day a violation shall continue shall be considered a separate and distinct violation and may be prosecuted and punished accordingly.
c. 
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.