[1974 Code § 74-1]
No boat shall be docked at the bulkheaded portions of any public
docks, except while loading or unloading passengers, on any Saturday,
Sunday or legal holiday.
[1974 Code § 74-2]
No boat shall be docked at the bulkheaded portion of any public
dock at any time for a period of more than two hours without vacating
the dock for an immediately succeeding and immediately preceding period
of 10 hours each to enable other prospective users of the dock to
share same.
[1974 Code § 74-3; Ord. No. 88-43; New]
[1]
Editor's Note: Ordinance history: 1974 §§ 62-1
- 62-9; Ord. No. 88-43 New; Ord. No. 2016-34-OAB; Ord. No. 2017-01-OAB.
[Ord. No. 2017-16-OAB § 1; Ord. No. 2017-27-OAB § 1]
Shall mean the wearing away of natural (earth) and unnatural
(embankment, slope, protection, structure, etc.) surfaces by the action
of natural forces, particularly moving water and materials carried
by it.
Shall mean any man-made or man-improved body of water.
Shall mean any bulkhead or retaining wall which retains earth
(or other material) on one side and is exposed to water in a lagoon
or other body of water along all or part of any of its boundary lines.
Shall mean new construction, reconstruction, alteration or
extension to the bulkhead.
Shall mean bank protection to prevent erosion.
Shall mean rock or boulders, six inches or greater in diameter,
used to armor shorelines, streambeds, bridge abutments, pilings and
other shoreline structures against scour and water or ice erosion.
Shall mean any lot which has a lagoon or other body of water
along all or part of any of its boundary lines.
[Ord. No. 2017-16-OAB § 1]
a.
No marine bulkhead construction and no fill shall be placed on any
waterfront lot without being certified by a professional engineer
and obtaining a building permit for such construction to the bulkhead,
from the Construction Office of the Township of Berkeley.
[Ord. No. 2017-16-OAB § 1]
a.
No building permit shall be issued for the construction of any principal
structure on a waterfront lot until a Professional Engineer certification
has been obtained, certifying that the existing bulkhead is acceptable
and there is no need for marine bulkhead construction on the lot.
If the existing bulkhead is unacceptable or if construction of a bulkhead
is necessary, a building permit for construction of the bulkhead shall
be obtained on such lot. The application for the building permit to
construct the bulkhead may be made simultaneously with the application
for the building permit for the construction of the principal structure.
b.
All development on waterfront lots shall provide bulkhead or bank
stabilization in accordance with the New Jersey Department of Environmental
Protection.
c.
New marine bulkheads must utilize vinyl sheeting, whereas resheathing
an existing wood bulkhead with wood sheets is permitted.
d.
Where bulkhead is not permissible by the New Jersey Department of
Environmental Protection, and rip-rap is used instead for erosion
control and for shoreline protection, the rip-rap should be maintained
as per all applicable requirements at all times.
[Ord. No. 2017-16-OAB § 1]
a.
Application for Permits.
1.
Applications for a bulkhead permit shall be submitted to the Township
Construction Office on the form provided by the Township and shall
be accompanied by fees established by the Township of Berkeley.
2.
All new, altered, replacement, or reconstructed marine bulkheads
in the Township of Berkeley shall be designed by a Professional Engineer
licensed to practice in the State of New Jersey.
3.
Applications shall be accompanied by four sets of signed and sealed
plans and specifications, showing the size, shape, configuration,
materials, dimensions, soil profile and location of the bulkhead(s),
including existing and proposed bulkheads.
4.
All plans shall be based upon an accurate, current survey, within
five years of the application date, of the premises prepared by a
Professional Surveyor licensed to practice in the State of New Jersey.
5.
Applications shall be accompanied by fees as established by the Township
Council of the Township of Berkeley.
6.
Applications shall be accompanied by copies of permits from the New
Jersey Department of Environmental Protection regarding the proposed
bulkhead.
b.
Permit Approvals.
1.
The Township Engineer shall review the application and plans and
grant or deny the application within 20 business days upon receipt
of a complete application.
2.
The review by the Township Engineer shall be in conformance with
this chapter, consistent with the standards contained herein.
3.
No building permit shall be issued by the Construction Official until
he has received such plans marked "approved by the Township Engineer."
[Ord. No. 2017-16-OAB § 1]
Prior to the issuance of a certificate of occupancy for a building
on a waterfront lot, the Construction Official shall inspect and approve
the installed bulkhead with particular reference to conformance with
the plans approved and with the standards of materials set forth below.
[Ord. No. 2017-16-OAB § 1]
All marine bulkheads shall conform to the following standards:
a.
The design engineer shall certify on the plan the type of water (i.e.,
freshwater or saltwater) to which the exposed side of the marine bulkhead
will be exposed.
b.
The design engineer is responsible for obtaining a soil sample from
behind the wall (land side of wall). This soil profile shall be provided
on the plans indicating the description, analysis and conditions of
soils, at a minimum depth of the proposed pile of the bulkhead.
c.
The design engineer shall provide a soil analysis in front of the
wall (water side) indicating water depth in front of the wall, depth
of mud line, depth of firm bottom and the allowance for future dredging,
if needed.
d.
All marine bulkhead designs shall take into account the following
minimum factors:
1.
Soil analysis and conditions in front of the wall.
2.
Soil analysis and conditions behind the wall.
3.
Water depth in front of the wall (to mud line and to firm bottom,
with allowance for future dredging, if needed).
4.
Tide fluctuations.
5.
Sheet pile and face pile (if used) embedment depth.
6.
Sheet pile and face pile (if used) exposed length above bottom of
lagoon and above water.
7.
Sheet pile anchorage conditions behind wall.
8.
Currents, scour, and wave action potential.
9.
Use of the wall and land behind the wall (boat anchorage, davit attachments,
special loading, driveways, buildings, surcharges, decks, swimming
pools, etc.).
10.
Drainage behind the wall.
11.
Wall backfill materials.
12.
Slope behind the wall.
13.
Type and strength of materials used in the wall.
e.
All marine bulkheads shall be generally of the deep-water, anchored
(or "navy") type, unless otherwise approved by the Township Engineer,
which typically consist of the following elements:
1.
Face piles (tapered, round piles seaward of all other bulkhead components).
2.
Sheet piles (sheathing).
4.
Anchor systems will be either:
(a)
Steel tie rods with ogee washers and nuts, through the face
piles and sheet piles, and tied into deadmen, drag, and/or anchor
piling; or
(b)
Helical anchoring system through the face piles and sheet piles;
(c)
Helical anchor systems will be designed by a Professional Engineer
in the State of New Jersey and certification will be required after
construction that the helical anchoring system has been constructed
per the plans and specifications.
5.
Key logs, deadmen, drag, and/or anchor piles for tie rod anchorage.
6.
Wall caps.
f.
Piles and wales shall be pressure-treated in accordance with all
regulations. Anchor piles and anchor logs may be untreated local oak
or pine timbers. However, anchor piles and anchor logs are to be treated
if any portion is to be constructed above mean low water.
g.
Sheet piling shall be tongue and groove.
h.
Only clean fill shall be used for fill behind or on the landward
side of the bulkhead.
i.
All hardware used in the construction of bulkheads shall be new,
unused and galvanized or stainless steel. All such hardware shall
be to the dimensions shown in the respective designs as submitted
to and approved by the Township.
j.
All bulkheads shall be erected true to lines and grades shown in
the application for the building permit and shall be properly backfilled
so they will remain firm and in place. Minor modifications shall be
permitted when required by the NJDEP due to field conditions.
k.
Pilings are to be spaced a maximum of eight feet apart on center,
and driven a minimum of eight feet into solid bottom, or greater if
determined by the design engineer.
l.
Sheets will be driven a minimum of five feet into solid bottom, or
greater if determined by the design engineer.
m.
All bulkheads shall be constructed to tie into existing bulkheads
on either or both sides, if any exist, or shall be constructed with
returns (at 90° to the main bulkhead) into the protected property,
to prevent flanking of the main bulkhead.
n.
According to New Jersey Department of Environmental Protection (NJDEP)
swimming pools shall be set back 15 feet. If a swimming pool is setback
closer than 15 feet an NJDEP permit is required. In any instance where
a pool is to be installed adjacent to a bulkhead, a Professional Engineering
certification is required stating that the pool will not have a negative
effect on the bulkhead.
o.
The contractor shall not cut or alter any bulkhead tie rods or auger
piles to accommodate the construction of an in ground pool.
p.
Decking or structures shall not be constructed on top of the bulkhead
or attached to the bulkhead.
q.
Decking or structures shall not be cantilevered over the bulkhead.
r.
The bulkhead height must be reviewed by the Township Engineer for
conformance on a case-by-case basis.
s.
New bulkhead will replace existing bulkhead and shall not be constructed
waterward of the existing bulkhead except as permitted by the New
Jersey Department of Environmental Protection, and shall be in line
with and tie into any adjacent legally constructed bulkheads, except
as otherwise permitted or required by the New Jersey Department of
Environmental Protection.
t.
If the requirements of New Jersey Department of Environmental Protection
do not permit any of these standards, then New Jersey Department of
Environmental Protection determination shall govern.
[Ord. No. 2017-16-OAB § 1]
All materials, preservatives, and components incorporated into
bulkheads constructed within the Township shall conform and be maintained
in accordance with the following requirements:
a.
Wood.
1.
Material. All wood used in marine bulkhead construction shall be
Southern Pine (or a wood of equivalent strength and durability approved
by the Township Bulkhead Engineer), and graded by a recognized lumber
grading agency, meeting the following minimum standards:
(a)
Round piles: ASTM D 25 eight inches tip diameter, natural taper,
spaced a maximum of eight feet center, and driven a minimum of eight
feet into solid bottom, or greater if determined by the design engineer.
(b)
Square or sawn piling: not permitted.
(c)
Walers: Marine Framing Grade No. 2, minimum six inches by six
inches.
(d)
Stringer, decking, handrail and wall caps: No. 1.
(e)
Anchor piles: ASTM D 25, minimum eight inches tip diameter,
natural taper, and length and depth as determined by the design engineer.
(f)
Key logs: minimum six inches by eight inches or eight inches
diameter and 16 feet long, continuous for the entire length of the
bulkhead with four feet overlaps.
3.
If required, wood shall be wrapped utilizing New Jersey Department
of Environmental Protection approved materials.
b.
Vinyl.
1.
Vinyl used in bulkhead shall be extruded from rigid impact modified,
weatherable, UV resistant, polyvinyl chloride (PVC). Such PVC shall
meet the minimum requirements of ASTM D-4216 for cell classification,
current edition, and shall be rated by the manufacturer to resist
rot, decay, marine borer, termite, and ultraviolet deterioration on
a pro-rated basis for a minimum of 50 years from the date of installation.
2.
All vinyl materials shall be installed in strict accordance with
the specifications, recommendations, and installation instructions
of the vinyl sheet pile manufacturer.
c.
Steel.
1.
Galvanized steel (or Stainless Steel).
(a)
All tie rods shall be ASTM A-36 steel, 3/4 inches minimum diameter,
hot- dipped galvanized steel, per ASTM A-153 with 2.0 ounces of zinc
per square foot, with matching hexagonal nuts (ASTM A-307) and cast
iron ogee washers (ASTM A-47).
(b)
All bolts shall be 5/8 inches minimum diameter, hot-forged bolts,
with hexagonal heads (ASTM A-307), with matching hexagonal nuts and
washers.
(c)
All hardware (including plates and turnbuckles) shall be of
the same materials and protective coatings as the tie rods.
(d)
Stainless steel: if stainless steel is used for tie rods or
hardware, it shall be 300 series stainless steel, with matching hexagonal
nuts and washers.
[Ord. No. 2017-16-OAB § 1]
a.
All wood materials shall be installed in strict accordance with the
specifications, recommendations, and installation instructions of
the Southern Pine Council (SPC) as contained in the current edition
of the SPC Marine Construction Manual.
b.
All materials shall be installed in strict accordance with the specifications,
recommendations, and installation instructions as per the design plans.
c.
A design professional shall provide to the Township Floodplain Manager
and the Construction Official a certification indicating that the
particular type, length, thickness and shape of bulkhead and the type
of support and anchoring system is adequate and appropriate for the
loads and conditions anticipated at the site and that all materials
have been constructed per the approved specifications and design plans
and/or copies of the material delivery tickets from the contractors
shall be provided indicating all materials and quantities of the piles,
sheeting and anchoring system per the approved specifications and
plans.
[Ord. No. 2017-16-OAB § 1]
Prior to the issuance of any permit for constructing the bulkheads,
a fee of $250 shall be collected to cover the flood review.
In addition to this fee, the Township permit fee and inspection
fees will be determined by the Construction Subcode Official and will
also be collected at the time of review.
[Ord. No. 2017-16-OAB § 1; Ord. No. 2017-27-OAB § 2]
a.
No marine bulkhead construction shall commence before and unless
a permit for construction has been obtained in accordance with the
requirements of this chapter.
b.
The permittee shall notify the Township Construction Official at
least two business days before construction is to commence or recommence
on any Marine Bulkhead for which a permit has been issued.
c.
Any work performed without notification to the Township Construction
Official is subject to removal by and at the cost and expense of the
permittee.
d.
The Township Construction Official may make periodic visits to the
job site to verify that the work is proceeding in accordance with
permit requirements.
e.
The permittee and the contractor shall provide safe and adequate
access to the site of the work for the Township Construction Official
for purposes of making the required inspections.
f.
After construction of the bulkhead, the professional engineer shall
provide to the Township Flood Mitigation Officer and/or the Construction
Official a certification indicating that the particular type, length,
thickness and shape of bulkhead and the type of support and anchoring
system is adequate and appropriate for the loads and conditions anticipated
at the site, that all materials have been constructed per the approved
specifications and installed per the approved design plans.
[1]
Editor's Note: Ordinance history: Ord. No. 2016-34-OAB;
Ord. No. 2017-01-OAB.
[Ord. No. 2017-16-OAB § 2]
a.
Statutory Authorization. The Legislature of the State of New Jersey
has in N.J.S.A. 40:68-4 entitled, "Ordinances relating to waterfronts,"
delegated the responsibility to local government units to adopt and
promulgate rules and regulations for waterfront properties.
b.
All private bulkheads and waterfront lots within the Township of
Berkeley shall be maintained so that they shall not pose a danger
to the health, safety, or welfare of citizens of the Township.
c.
All bulkheads and water front lots shall be kept in a state of repair
which will prevent erosion or damage to abutting, adjacent, or adjoining
properties, or the lagoon on which it fronts.
d.
Whenever a bulkhead on a waterfront lot has deteriorated to such
a degree that it poses a danger to the property, or the abutting,
adjacent, or adjoining properties, or to the lagoon on which its fronts,
the owner shall be required to make the necessary repairs to correct
such conditions.
e.
The Berkeley Township Code Enforcement Officer and/or the Flood Mitigation
Officer are hereby appointed to administer and implement the maintenance
requirements of bulkheads on waterfront lots.
f.
The Township Code Enforcement Officer and/or Flood Mitigation Officer
may:
1.
Perform visual inspections of bulkheads as per resident complaints,
at the time of property sale and/or issuance of a certificate of occupancy,
and/or at the time of repairs to the structure on the property.
2.
Document any form of degradation as follows:
(a)
Members, which are missing, bowed, bent, leaning, leaking.
(b)
Holes in the sheet piles.
(c)
Evidence of settlement or sinkholes in the ground landward of
the bulkhead.
(d)
Evidence of bulkhead backfill deposited in the lagoon seaward
of the bulkhead.
(e)
Other indications that it is structurally unsound or unsafe.
(f)
Evidence of any soil loss or damage to any adjoining property
or adjoining structures.
3.
Advise permittee when additional local, Federal or State permits
may be required.
4.
Maintain written reports or maintenance records for each property
inspected. Records shall be kept on file for FEMA inspection.
5.
Maintain all records pertaining to the administration of this subsection
and make these records available for inspection.
6.
Service any notice of violation, issue stop-work orders, revoke permits
and take corrective actions as required to enforce these requirements.
g.
Township Flood Mitigation Officer Procedures.
1.
Inspection of Bulkheads. Prior to selling or renting any building
on a bulkheaded property, the Township Flood Mitigation Officer may
make as many inspections of the property in question as may be necessary
to ensure that all provisions of this subsection are fully administered.
In exercising this power, the Township Flood Mitigation Officer has
a right, upon presentation of proper credentials, to enter on any
premises within the territorial jurisdiction at any reasonable hour
for the purposes of inspection or other action of enforcement that
may be required.
2.
Rejection of Permits. The Township Flood Mitigation Officer may reject
an application for certificate of compliance by notifying the applicant
in writing, stating the reason for the rejection. Applications may
be rejected for refusal or failure to comply with any requirement
of this subsection, local, State or Federal laws; or for false statements
or misrepresentations made in attempting to secure a certificate of
compliance. Any certification mistakenly issued in violation of an
applicable State or local law may be revoked.
3.
Determination for Remediation. When the Flood Mitigation Officer determines that remediation of a bulkhead is required, it shall be his duty to notify the owner of the property. The owner or occupant shall remedy any defect. Subsequent to remediation, the owner shall reapply for are inspection prior to the issuance of a certificate of compliance as promulgated herein. The reinspection fee shall be applicable as specified with subsection 12-3.5 of the Township Code.
4.
Appeal. Any owner who has received an order to take corrective action may appeal from the order to the Zoning Board by giving notice of appeal in writing in conformance with subsection 12-3.3 of this Code entitled, "Notice of Violation; Hearings; Appeals; Emergencies."
In the absence of an appeal, the order shall be final. The Board
shall hear an appeal within a reasonable time and may affirm, modify
and affirm or revoke the order.
5.
Failure to Comply with Order. If the owner of the property fails to comply with an order to take corrective action from which no appeal has been taken, or fails to comply with an order of the Board following an appeal, he shall be guilty of a misdemeanor and shall be punishable at the discretion of the Court in conformance with subsection 12-3.10 "Violations of Penalties" of this Code.
h.
When notified by the Township Code Enforcement Officer and/or Flood
Mitigation Officer of a deteriorated bulkhead, a property owner shall
submit a plan, along with a notarized letter or Attorney letter, indicating
the plan of corrective action to the Township no later than 30 days
from the receipt of the notice.
i.
Upon approval of the plan of corrective action by the Township Engineer,
the property owner shall complete all necessary repairs within 120
days.
j.
When a property is sold, part of the certificate of occupancy inspection
will include the bulkhead. If the bulkhead has deteriorated, it will
be the responsibility of the buyer to submit a plan, along with a
notarized letter or Attorney letter, indicating the plan of corrective
action to the Township no later than 30 days from the receipt of the
notice. At this point a certificate of occupancy will be issued and
the owner must complete all necessary repairs within 120 days.
k.
If permits are required from State or Federal government agencies,
such permits shall be immediately applied for upon receipt of the
Township approval.
l.
In the event the property owner fails to submit a corrective action
plan, or fails to implement such plan following approval by the Township,
he shall be liable for the penalties and violations contained herein.
1.
If any of the specific time periods as set forth in paragraphs i
and j expire or are not extended with the consent of the Township,
Code Enforcement shall issue a ten-day notice of violation.
2.
After the expiration of the ten-day notice of violation, Code Enforcement
shall issue violations of this section with the Township Municipal
Court.
m.
Maintenance requirements also apply to bank slopes, rip-rap, revetments,
sod vegetation, or other types of bank stabilization on waterfront
lots within the Township of Berkeley.
[Ord. No. 2017-16-OAB § 2; Ord. No. 2017-27-OAB § 2]
a.
The permittee shall notify the Township Construction Official of
the completion of the work done under the permit issued.
b.
The Township Construction Official shall, within five business days
of the notification, make an inspection of the completed work to determine
if it conforms to the approved plans issued with the permit.
c.
If it is in conformance, the permittee will be so advised, and the
permit file shall be marked as "completed."
d.
If it is not in conformance, the permittee will be so advised, and
will be provided with a list of specific deficiencies requiring correction.
The permittee shall then advise the Township Construction Official
when corrections have been made, and a re-inspection will be made.
[Ord. No. 2017-16-OAB § 2]
[Ord. No. 2017-16-OAB § 2]
This section shall not apply to any valid building permits issued
and outstanding prior to the effective date hereof.
