[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.
[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.
