City of Sea Isle, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 1489 (2010) § II; Ord. No. 1615 (2017) § 20]
All waterfront property shall be properly bulkheaded. No bulkhead shall be constructed unless the owner shall have obtained a construction permit consistent with subsection 22-1.4 of this chapter. All new construction, reconstruction or repair of a bulkhead, except ordinary maintenance, shall be constructed to elevation seven feet based on the North American Vertical Datum (N.A.V.D.) of 1988. The bulkhead elevation required herein shall be established as of the date of filing of an approved water front development permit, to reconstruct said bulkhead, with the New Jersey Department of Environmental Protection.
[Ord. No. 871 § 1]
The owners or other persons in interest in any property upon which any bulkhead heretofore has been or hereafter shall be erected along any navigable waters within the City shall keep and maintain the bulkhead in such a state of repair as to maintain the filling in of land around and about the bulkhead to the grade above mean high tide as established in that area, and to prevent tidal erosion and damage thereto and to adjacent properties.
[Ord. No. 871 § 2]
It shall be the duty of the Construction Official and his/her agents to inspect all such waterfront bulkheads in this City and to report to the Commissioners and notify the owners or occupants of such premises of the existence of a dangerous, rotten or defective condition therein; thereafter it shall be the duty of the owner, possessor or other persons in interest in the property to forthwith replace, remedy or repair or cause to be replaced or repaired the dangerous and defective condition.
[Ord. No. 871 § 3; Ord. No. 1431 § XCII]
Upon the neglect or failure of any owner, possessor or other person in interest to repair or remedy the damaged, dangerous or defective condition within a reasonable time, as determined by the Construction Official, or immediately upon the discovery of such dangerous and defective condition, the Construction Official shall give written notice of the work required to be done to the owner or owners of the lands by certified mail and if their address be unknown, by posting the notice upon the property affected thereby, or by leaving the same with any occupant thereof, or by personal service if the owner be a resident of and present within this City.
The notice shall provide for allowing the owner 60 days time within which to perform the work thereby required and shall contain notice that for failure to maintain, rebuild or repair and keep in repair bulkheads, according to the requirements of this section, the Administrator shall cause the work to be done, and the cost thereof, together with interest shall be assessed upon the land in front of and along which the bulkhead shall have been constructed or done and be and become a lien thereon and collected as other taxes and liens due the City.
[Ord. No. 871 § 4]
No construction permit shall be issued for the construction of any improvement on any waterfront property unless the property is properly bulkheaded. Prior to the issuance of any construction permit for waterfront property, the owner shall submit plans for the bulkhead prepared by a licensed engineer to the Construction Official who shall, in turn, transmit the plan to the City Engineer for review. The Construction Official shall not issue the construction permit until the City Engineer has approved the plans. Upon successful construction of the approved bulkhead by the property owner, the Construction Official may issue a construction permit for improvement to the property.
[Ord. No. 1340 § II]
It shall be the duty of a homeowner to submit certification signed by a professional engineer certifying that a bulkhead has been constructed in accordance with the plans previously approved by the City Engineer.
[Ord. No. 871 §§ 5, 6; Ord. No. 1340 § I]
Any person, firm, association, partnership or corporation violating any subsection of this section shall be liable, upon conviction, for the penalty stated in Chapter 1, Section 1-5. Any repetition of a violation of this section shall be deemed a new offense.
[Ord. No. 963 preamble]
The mooring of boats in the lagoon ends of the residential lagoon commonly known as the Rio Delle Ponte requires regulation in order to provide safe navigation and safe recreational use of these areas.
The City is authorized pursuant to N.J.S.A. 40:68-4 to provide by ordinance for the unobstructed navigation along the Rio Delle Ponte and it is found that 30 feet of open space in the center of the Rio Delle Ponte is sufficient to provide for navigation except where all affected property owners agree, in conjunction with the officials of the City, that 30 feet is not practical.
The City recognizes that because of the existing conditions in the width and depth of the lagoon ends certain areas may require different treatment, provided such does not interfere with their use by adjacent and opposite property owners, create an impediment to navigation, or unduly restrict access by other property owners without their consent.
[Ord. No. 963 § 1]
The purpose of this section is to provide for and require that there be left open 30 feet of open, unobstructed water in the center of the Rio Delle Ponte from the area that extends from the southwesterly line of Rio Grande to the northeasterly line of Rio Del Amore.
[Ord. No. 963 § 2]
Where because of existing conditions in the width and depth of the Rio Delle Ponte, the requirement that the 30 feet of unobstructed area be in the center of the waterway will cause special hardship to the affected property owners, the Code Enforcement Officer of the City of Sea Isle City may determine that deviations from the requirement will not impair or impede navigation or the recreational use of the waterway. In that event, the placement of the thirty-foot open area may be in an area of waterway as agreed to by the affected property owners and as determined by the Code Enforcement official. In no event shall the Code Enforcement Officer have authority to deviate from the requirement that the 30 feet of open unobstructed area be in the center of Rio Delle Ponte, except upon agreement of all the affected property owners and the determination by the Code Enforcement Officer that such a deviation will not impair or impede navigation or the recreational use of the waterway; otherwise, the open unobstructed 30 feet shall be in the center of the waterway.
[Ord. No. 963 § 3]
Should it become impractical or impossible to determine the area of the thirty-foot unobstructed area in the center of the waterway or by the method set forth in subsection 22-2.3 then, in that event, no property owner shall erect any structure, permanent or temporary, moor any boat or extend any dock, piling, mooring or structure of whatsoever nature and kind, including floating temporary or permanent structures more than 17.5 feet from the property owner's property line. In no event shall the 17.5 feet obstruct the 30 feet of open area.
[Ord. No. 963 § 4; Ord. No. 1431 § XCIII]
Existing docks, pilings, moorings or structures of whatever nature or kind which do not conform to this section shall be subject to regulations adopted by the Governing Body and filed with the City Clerk and the Code Enforcement Officer and be made available to the public upon request. Any existing violations shall take into consideration the time periods required to obtain a State permit to remove any violations.
[Ord. No. 963 § 5]
Any individual shall be liable, upon conviction of a violation of this section, to the penalty stated in Chapter 1, Section 1-5.