[Added 6-18-2024 by Ord.
No. 2024-20]
The purpose of this chapter is to create regulations for the
significant replacement of existing private and public bulkheads and
the construction of new public and private bulkheads.
[Added 6-18-2024 by Ord.
No. 2024-20]
The horizontal location for the construction of any bulkheads
shall be along an alignment as approved by the New Jersey Department
of Environmental Protection (NJDEP).
[Added 6-18-2024 by Ord.
No. 2024-20]
A. A permit shall be required prior to construction, reconstruction, repairs, or renovation of any bulkhead on any waterfront within the Borough of Mantoloking unless exempt as set forth in Subsection
C of this section. Applications for a bulkhead permit shall be submitted to the Borough's Engineering Department with attention to the Borough Engineer. The fee for said permit shall be $75. Bulkhead plans and specifications must be designed by an engineer licensed to practice in the State of New Jersey and signed and sealed by such engineer. Two copies of the submission documents shall be provided along with an electronic copy in pdf format.
B. All applications
shall include:
(1) The
appropriate bulkhead permit application form provided by the Borough.
(2) Plan(s)
showing the size, shape, configuration, and the horizontal and vertical
location of such bulkheads.
(3) The
identification of the bulkhead material to be used in construction,
reconstruction, repairs, or renovation. Materials are to be in accordance
with the requirements of the appropriate state or federal agencies
having jurisdiction over the work.
(4) The
manner in which materials shall be incorporated into the bulkhead.
(5) A valid
permit received from appropriate state or federal agencies having
jurisdiction over the work.
(6) Exact
cash or a check made payable to the Borough of Mantoloking for the
permit fee.
C. Permit approval.
The Borough Engineer shall review the plans and grant or deny the
application within 20 business days upon receipt of a completed application.
The review by the Borough Engineer shall be in conformity with this chapter,
consistent with the minimum specifications and performance standards
contained herein. For bulkhead repairs valued at less than 50% of
the cost for a full replacement (contractor's construction cost including
overhead and profit), the requirements for meeting the minimum specifications
and performance standards of this chapter, including the requirements
for engineered plans, shall be waived in writing by the Borough Engineer.
[Added 6-18-2024 by Ord.
No. 2024-20]
The Borough Engineer shall receive notice of commencement of
construction at least two business days in advance of said construction.
[Added 6-18-2024 by Ord.
No. 2024-20]
Notice of project completion shall be given to the Borough Engineer
within 30 days of substantial completion of the project and include
a certification from a licensed engineer or land surveyor of the as-built
elevations of the completed top of bulkhead.
[Added 6-18-2024 by Ord.
No. 2024-20]
Application for bulkhead work must be made to appropriate agencies
of the state or federal government, including but not limited to the
New Jersey Department of Environmental Protection and the United States
Army Corps of Engineers. No permit for work shall be issued until
a valid permit is received from appropriate state or federal agencies
having jurisdiction over the work or an exemption (Zane) letter is
provided for the records.
[Added 6-18-2024 by Ord.
No. 2024-20]
The minimum specifications for construction, reconstruction,
repair, or renovation of bulkheads are as follows:
A. The minimum
elevation for the top of the bulkhead shall be elevation 4.50' in
the North American Vertical Datum of 1988 (NAVD 88).
B. The exposed
components of the bulkhead system located above the adjacent elevation
of the upland or landward final grade shall be constructed to be watertight.
C. Bulkhead
construction, reconstruction, renovation, or repair shall not adversely
affect or negatively impact adjoining properties or public rights-of-way.
D. All design
materials herein shall be subject to the requirements of the appropriate
state or federal agencies having jurisdiction over the work.
E. Any portion
of the tie-back anchor affiliated with the bulkhead shall have a minimum
distance of five feet from any swimming pool exterior wall.
F. All private
storm sewer outfall pipes require written approval from the Borough
Engineer and the NJDEP prior to construction. If drainage conditions
require new outfalls for private lots, all new storm sewer outfalls
must have an approved check valve.
G. Any existing
privately owned outfall pipes shall be fitted with an approved check
valve.
H. Any existing
Borough-owned storm drain outfalls that penetrate private bulkheads
within easements shall be maintained and reconstructed by the Borough.
I. Bulkhead
construction shall not adversely affect the depth of the adjacent
water body.
[Added 6-18-2024 by Ord.
No. 2024-20]
All bulkhead construction, reconstruction, repair, or renovation
must meet the following performance standards in addition to the minimum
specifications set forth above. Applicants utilizing innovative methods
of construction must be prepared to show how such methods will meet
the performance standards.
A. Bulkheads
also function as flood protection. All bulkheads shall be designed
to function as such.
B. All bulkhead
reconstruction shall utilize generally accepted engineering principles
and practices.
C. Material
selection must include evaluation of environmental impacts that are
caused by the materials.
D. Bulkhead
construction shall not adversely affect or negatively impact adjacent
properties or public rights-of-way.
E. Bulkhead
shall extend the entire length of the property with returns at any
terminal ends and with watertight connections to any existing adjacent
bulkheads.
F. Bulkhead
construction shall meet the requirements of the New Jersey Department
of Environmental Protection.
[Added 6-18-2024 by Ord.
No. 2024-20]
It is the responsibility of the applicant to protect all existing
utilities. The applicant is responsible for obtaining current "utility
mark-out" for appropriate state or local agencies prior to commencement
of construction.
[Added 6-18-2024 by Ord.
No. 2024-20]
All bulkheads within the Borough of Mantoloking shall be maintained
so they shall not pose a danger to the health, safety, or welfare
of the citizens of the Borough of Mantoloking or to any property or
any public right-of-way within the Borough of Mantoloking. The bulkheads
shall be kept in a good state of repair to prevent erosion or damage
to abutting, adjacent or adjoining properties or public rights-of-way.
Whenever a bulkhead has deteriorated to such a degree that it poses
a danger to the upland or landward property or to the adjoining properties
or public rights-of-way, the Code Enforcement Officer shall notify
the property owner, in writing, of the nature of the deterioration
and, if necessary, the applicable code violation and require the owner
to make the necessary repairs or reconstruction. Said repairs or reconstruction
shall be made in conformance with this chapter. The property owner
shall submit a plan of corrective action to the Borough Engineer no
later than 60 calendar days from receipt of the notice. Upon approval
of the corrective action by the Borough Engineer, the property owner
shall complete all necessary repairs or construction forthwith. If
permits are required from the State of New Jersey or the federal government,
such permits shall be applied for and procured by the applicable outside
approval agency prior to construction. In the event the property owner(s)
fails to submit a corrective action plan to the Borough or fails to
implement an approved corrective action plan, the property owner(s)
shall be liable for the penalties and violations contained herein.
[Added 6-18-2024 by Ord.
No. 2024-20]
Anyone violating any of the provisions of this chapter shall
be subject to a fine not to exceed the sum of $2,000 for each violation.
Each day of a continuing violation shall be a separate offense and
shall be punishable as a separate offense.