Editor's Note: For water pollution control regulations, see Chapter 23, Environmental Regulations.
[1974 Code § 26-1; Ord. #82-54 Art. 1 § 1]
This section shall be known as the "Waterfront Regulations."
[1974 Code § 26-2; Ord. #82-54 Art. 1 § 2]
As used in this chapter:
Shall mean any loose material not attached to the land or
to any structure and which is capable of becoming drift.
Shall mean any floatable material which may cause damage
to vessels or craft.
Shall mean the Chief Housing Inspector or his designee.
Means either the order of the enforcement officer after the time to request a review thereof has lapsed or other order of the enforcement officer issued as a result of the review requested in subsection 19-1.7.
Shall mean the waterways which are capable of carrying interstate
commerce, and the tributaries thereto, within the geographical limits
of the Township.
Shall mean any individual, firm, partnership, association,
corporation or organization of any kind.
Shall mean the land, building, wharf, pier, dolphin, boom,
weir, breakdown, bulkhead, jetty or other structure and shall include
all or any as may be necessary.
Shall mean the Township of Woodbridge.
Shall mean 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 Township of Woodbridge.
[1974 Code § 26-3; Ord. #82-54 Art. 1 § 3]
The general purpose of this section is the elimination of sources
of drift and debris which constitute possible obstacles or hazards
to existing navigation on the navigable waters of this Township by
the removal and disposal of debris and deteriorated structures on
the shores of such waters and liable to be washed into such waters.
[1974 Code § 26-4; Ord. #82-54 Art. 1 § 4]
Whenever the enforcement officer 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, breakdown, 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 enforcement officer 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.
[1974 Code § 26-5; Ord. #82-54 Art. I § 5]
The order of the enforcement officer issued pursuant to subsection 19-1.4 shall be in writing, directed to the 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.
[1974 Code § 26-6; Ord. #82-54 Art. 1 § 6]
The order of the enforcement officer issued pursuant to this
section 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 the order
to such occupant and last known owner of record or by registered mail
addressed to such persons at their last known address.
[1974 Code § 26-7; Ord. #82-54 Art. 1 § 7]
Within fifteen (15) days after service of the order of the enforcement officer issued pursuant to subsection 19-1.5, or under emergency, within such shorter time as the enforcement officer may prescribe, the person to whom such order is directed, or any person aggrieved thereby, may appeal to the enforcement officer to review the same. The enforcement officer, 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 enforcement officer as the facts may warrant. Unless the same is declared by a court of competent jurisdiction to be arbitrary, capricious or not supported by substantial evidence, the order of the enforcement officer, after review thereof, shall be final and conclusive.
[1974 Code § 26-8; Ord. #82-54 Art. 1 § 8]
In the event that the persons to whom the order of the enforcement
officer is directed shall fail or refuse to comply with the terms
of such order within thirty (30) days after the order has become final,
the enforcement officer shall, without further notice to any person,
take or cause to be taken the necessary action to remove, abate or
repair the nuisance as specified in the order of the enforcement officer.
The costs and expenses incident thereto shall be a personal charge
against the occupant and the last owner of record, if not such occupant,
of the premises affected and all appurtenances thereto.
[1974 Code § 26-9; Ord. #82-54 Art. 1 § 9]
No such person shall abandon any flat-bottomed boat, barge,
scow, raft or other vessel upon any public land or waterway or to
or upon any private property within the Township without the prior
written permission of the enforcement officer who is hereby designated
by the Municipal Council to perform this function.
[1974 Code § 26-10; Ord. #82-54 Art. 1 § 10]
This section 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.
[1974 Code § 26-11; Ord. #82-54 Art. 1 § 11]
Any person who violates this section by abandoning any flat-bottomed
boat, barge, scow or raft without permission shall be subject to the
penalties prescribed by Chapter 264 of Public Laws of 1969, (N.J.S.A.
12:7C-1 et seq.) as amended and supplemented.
[Ord. #12-33 § 1]
Wetland mitigation construction plans in the southern portion
of the former Nuodex Corporation Facility (to be renamed Woodbridge
Waterfront Park) will create and restore a variety of wetland habitats,
and provide a haven for a diversity of wildlife (Figure 1, Conservation
Easement and Easement Plan) in a primary habitat area of Woodbridge
Township. The purpose of this section is the protection of habitat
for wildlife anticipated to utilize the site upon completion of the
restoration project.
(The Conservation Easement and Easement Plan may be found on
file in the Township offices.)
[Ord. #12-33 § 2]
a.Â
Woodbridge Waterfront Park. Formerly known as Nuodex Corporation
Facility and is approximately three (3) acres of tidal wetlands, forty-four
(44) acres of emergent freshwater wetlands (marsh, pond, forest, and
scrub-shrub habitat types), thirty-one (31) acres of upland habitat
(maritime forest, maritime meadow, maritime shrub, salt shrubland,
and existing forest habitat types), and described in the attached
as Exhibit "A" hereto. (Exhibit A may be found on file in the Township
offices.)
b.Â
Protected Species:
|
1. Waterbirds:
| ||
|
Great Blue Heron
|
Ardea herodias
| |
|
Great Egret
|
Ardea alba
| |
|
Blue-Winged Teal
|
Anas discors
| |
|
Mallard
|
Anas platyrhynchos
| |
|
2. Mammals:
| ||
|
Raccoon
|
Procyon lotor
| |
|
White-Tailed Deer
|
Odocoileus virginianus
| |
|
3. Reptiles/Amphibians:
| ||
|
Black Rat Snake
|
Elaphe obsoleta obsoleta
| |
|
Fowler's Toad
|
Bufo owleri
| |
|
Four-Toed Salamander
|
Hemidactylium scutaturn
| |
|
4. Migratory Birds:
| ||
|
Cedar Waxwing
|
Bombycilla cedrorum
| |
|
American Goldfinch
|
Carduelis tristis
| |
|
Yellow-Rumped Warbler
|
Dendroica coronata
| |
|
5. Fish:
| ||
|
Bluegill Sunfish
|
Lepomis macrochirus
| |
|
Mummichog
|
Fundulus heteroclitus
| |
|
6. Threatened or Endangered:
| ||
|
Black-Crowned Night-Heron
|
Nycticorax nycticorax
|
Threatened
|
|
Little Blue Heron
|
Egretta caerulea
|
Special Concern
|
|
Peregrine Falcon
|
Falco peregrinus
|
Endangered
|
|
Snowy Egret
|
Egretta thula
|
Special Concern
|
|
Osprey
|
Pandion Haliaetus
|
Threatened
|
|
Brown Thrasher
|
Toxostoma rufum
|
Special Concern
|
|
Corn Snake
|
Elaphe g. guttata
|
Endangered
|
|
Indiana Bat
|
Myotis sodalis
|
Endangered
|
c.Â
Conservation Easements on Former Nuodex Corporation. The former conservation
easements are described as Conservation Easements E and F and are
available at the Middlesex County Clerk's Office and as protected
by this section.
d.Â
L205 Conservation and Public Access Easement Plan is attached hereto
as Exhibit "B" as a drawing and describes conservation easement parcels
on the former Nuodex Corporation Facility site. (Exhibit B may be
found on file in the Township offices.)
The habitat ordinance includes parcels under Conservation Easements
E and F. The public can view the official metes and bounds description
of conservation easements at the Middlesex County Clerk's office.
[Ord. #12-33 § 3]
This section prohibits commercial development and destruction
or harm to any protected species within the boundaries of the Woodbridge
Waterfront Park habitat area.
[Ord. #12-33 § 4]
The section will support the development of the Woodbridge Waterfront
Park by providing suitable foraging, roosting, and/or nesting areas
for a variety of protected species (as defined above) in New Jersey.
[Ord. #12-33 § 5]
This section may be amended from time to time to provide additional
protection of the habitat of the protected species, as defined above,
so as to encourage the continued growth in numbers of the protected
species by protecting them from harm whether by disease or from intentional
human predators.
[Ord. #12-33 § 6]
The Woodbridge Township Police will respond to any complaints
pursuant to this section and will issue a fine for any harm resulting
to any of the protected species and may arrest any individual where
there is evidence of intentional harm to any protected species or
evidence of any commercial development on the protected habitat as
defined above.
[Ord. #12-33 § 7]
A first violation of this section may result in a fine of no
more than one thousand ($1,000.00) dollars and no more than two (2)
days in prison or community service. A second violation will result
in a fine of no less than one thousand ($1,000.00) dollars and no
more than three (3) days in prison or community service.
