Township of Upper, NJ
Cape May County
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[Ord. #004-2015 § 1]
The Township of Upper desires to create uniform regulations for the construction, reconstruction, repair or renovation of existing or new bulkheads within the Township of Upper along any waterway or beach of Upper Township. It is the purpose of this Chapter to promote public health, safety and general welfare, and to minimize public and private losses due to flood conditions. Bulkheads are an integral component for Flood Damage Control and are designed to:
a. 
Protect human life and health.
b. 
Protect public and private infrastructure.
c. 
Minimize expenditure of public and private money for costly repairs from flood damage.
d. 
Minimize prolonged interruptions to business and residential activities due to street flooding.
e. 
Reduce the extent of flood waters that may flow across public and private property which may cause flood damage.
f. 
Reduce flood wave velocities.
[Ord. #004-2015 § 1]
A bulkhead shall be provided on properties as required by subsection 20-5.19.
[Ord. #004-2015 § 1]
A permit shall be required before beginning the construction, reconstruction, repair or renovation of any bulkhead on any waterway or beach within the Township of Upper. Applications for a bulkhead permit shall be submitted to the Municipal Engineer. The fee for said permit shall be $400.
All applications shall be on the form provided by the Township and accompanied by plans showing the size, shape, configuration and location of such bulkheads, the specifications of material to be used in construction, reconstruction, renovation or repair, the manner in which materials shall be incorporated into the bulkhead and the fee for review. 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. The plan must contain the label "issued for construction". Two copies of the plan shall be provided along with an electronic copy in pdf format.
[Ord. #004-2015 § 1]
The Municipal 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 Municipal 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 $1,000, the requirements for meeting minimum specifications and performance standards, including the requirements for engineered plans, may be waived by the Municipal Engineer.
[Ord. #004-2015 § 1]
The Municipal Engineer shall receive notice of commencement of construction at least two business days in advance of said construction.
[Ord. #004-2015 § 1]
Notice of project completion shall be given to the Municipal Engineer within seven days of substantial completion of the project. The Municipal Engineer shall make a final inspection and receive a certification from a licensed engineer or land surveyor of the elevations of completed bulkhead height and adjacent water body soundings.
[Ord. #004-2015 § 1]
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. If the bulkhead is required by this Chapter but the State or Federal agency having jurisdiction over the work denies the application then said denial shall supersede this Chapter.
[Ord. #004-2015 § 1; Ord. No. 018-2018]
The minimum specifications for construction, reconstruction, repair or renovation of bulkheads are as follows:
a. 
Bulkhead design shall provide for expected toe scour or proposed dredge depth and shall be shown on plans.
b. 
Non-Oceanfront Bulkheads.
1. 
The minimum elevation of the top of the bulkhead shall be as follows:
(a) 
Along Strathmere Bay (Blocks 825, 826, 841, 842, 849 and 850): 8.0 feet NAVD, 1988 Datum.
(b) 
Along Strathmere Bay (Blocks 750, 756, 757 and 762): 8.0 feet NAVD, 1988 Datum.
(c) 
Along Great Egg Harbor (Block 479, 682 and 735): 10.0 feet NAVD, 1988 Datum.
(d) 
Along Tuckahoe River (Block 12, 15, 19 and 310): one feet above the existing bank along the spring high tide line.
(e) 
Along Tuckahoe River (Block 348): 9.0 feet NAVD, 1988 Datum.
2. 
Additional outfall piping requires written approval from the Municipal Engineer. If drainage conditions require piping, all new infrastructure must have an approved tide-control device.
3. 
Existing privately owned outfall piping will be extended and fitted with an approved tide-control device.
4. 
Existing Township owned storm drains that penetrate private bulkheads shall be extended and maintained by the private property owner.
5. 
Bulkhead construction shall not adversely effect the depth of the adjacent water body.
c. 
Oceanfront Bulkheads.
1. 
Oceanfront Bulkheads shall be required when adjacent to the Atlantic Ocean and extending along Corson's Inlet to the Corson's Inlet Bridge.
2. 
The minimum elevation of the top of the bulkhead shall be 11.0 feet NAVD, 1988 datum. The existing timber bulkhead along the oceanfront shall be considered grandfathered as meeting these standards.
3. 
If the proposed construction methods shall require access and/or disturbance of Township property, a detailed plan outlining the proposed limits of disturbance and proposed restoration shall be provided for approval by the Township Engineer. Township property shall be restored to a condition equal to preconstruction conditions.
[Ord. #004-2015 § 1]
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 adjacent properties.
e. 
Bulkhead shall extend the entire length of the property with appropriate returns and connections to adjacent bulkheads.
f. 
Bulkhead construction shall meet the requirements of the New Jersey Department of Environmental Protection.
[Ord. #004-2015 § 1]
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.
[Ord. #004-2015 § 1; Ord. No. 018-2018]
a. 
All private bulkheads within the Township of Upper shall be maintained so they shall not pose a danger to the health, safety or welfare of the citizens of the Township of Upper or to property within the Township of Upper. The bulkheads shall be kept in a state of repair to prevent erosion or damage to abutting, adjacent or adjoining properties. Whenever a bulkhead has deteriorated to such a degree that it poses a danger to the property, or adjoining properties, or a bulkhead has not been constructed in conformance with this Chapter by January 1, 2029 as required by subsection 17-11b below, the Municipal Engineer shall notify the property owner, in writing, of the nature of the deterioration or violation and require the owner to make the necessary repairs or construction. Said repairs or construction shall be made in conformance with this Chapter. The property owner shall submit a plan of corrective action to the Municipal Engineer no later than 30 days from receipt of the notice. Upon approval of the corrective action by the Municipal 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 immediately applied for. In the event the property owner fails to submit a corrective action plan or fails to implement that plan, he shall be liable for the penalties and violations contained herein.
b. 
Any property listed in subsection 17-8b1(a) above must have a bulkhead constructed in conformance with this Chapter 17 by January 1, 2029.
[Ord. #004-2015 § 1]
Anyone violating any of the provisions of this Chapter shall be subject to a fine not to exceed the sum of $1,000 and/or imprisonment not to exceed 90 days for each violation. Each day of a continuing violation shall be a separate offense and shall be punishable as a separate offense.