[HISTORY: Adopted by the Board of Commissioners of the Town of West
New York 11-24-1982 by Ord. No. 1574.
Amendments noted where applicable.]
This chapter shall be known as the "Waterfront Ordinance."
A.
When not inconsistent with the context, words used in
the present tense include the future and words used in the singular shall
include the plural number. The word "shall" is always mandatory and not merely
directory.
B.
DEBRIS
DIRECTOR
DRIFT
FINAL ORDER
NAVIGABLE WATERS
PERSON
PREMISES
TOWN
WATERFRONT, SHORE or BANK
Unless otherwise expressly stated, the following words
and phrases shall have the meanings respectively ascribed to them in this
section.
Any loose material not attached to the land or to any structure and
which is capable of becoming drift.
The Director of the Department of Public Affairs and who may appoint
an authorized agent to act in his behalf.
Any floatable material which may cause damage to vessels or craft.
The order of the Director after the time to request a review thereof
has lapsed.
The waterways which are capable of carrying interstate commerce,
and the tributaries thereto, within the geographical limits of the Town of
West New York.
Any individual, firm, partnership, association, corporation, company
or organization of any kind.
The land, building, wharf, pier, dolphin, boom, weir, breakdown,
bulkhead, jetty or other structure and shall include all or any as may be
necessary.
The Town of West New York.
That portion of the land which borders navigable waters and which
lies shoreward of the established harbor lines or low water mark within the
limits of the Town of West New York.
The general purpose of this chapter is to eliminate sources of drift
and debris which constitute possible obstacles or hazards to existing navigation
on the navigable waters of this town by the removal and disposal of debris
and deteriorated structures on the shores of such waters and liable to be
washed into such waters.
Whenever the Director has reasonable grounds to believe that debris
placed or deposited on the banks of any navigable water is liable to be washed
into such navigable water by any cause whatsoever and thereby be or become
a source of drift likely to hinder, impede or otherwise obstruct navigation
or that the condition of any wharf, pier, dolphin, boom, weir, breakdown,
bulkhead, jetty or other structure on or bordering on the shores of any navigable
water is so dilapidated and deteriorated as to be or become a source of drift
or debris liable to be washed in to such navigable waters by any cause whatsoever
and thereby likely to hinder, impede or otherwise obstruct navigation, the
Director may declare the same to be a public nuisance and thereupon order
that the same be removed, abated, altered or repaired as such order may specify.
The order of the Director issued pursuant to this chapter shall be in
writing, directed to the occupant and last known owner of record, if not such
occupant, of the premises which are the subject of the complaint, and shall
specify whether the condition complained of shall be removed, abated, altered
or repaired.
The order of the Director shall be served upon the occupant and the
last known owner of record, if not such occupant, of the premises which are
the subject of the complaint either by personally delivering a copy of such
order to such occupant and last known owner of record or by registered mail
addressed to such persons at their last known address.
Within 15 days after service of the order of the Director or, under
emergency, within such shorter time as the Director may prescribe, the person
to whom such order is directed, or any person aggrieved thereby, may appeal
to the Director to review the same. The Director, or his agent, after such
review, at which all interested parties shall be afforded the opportunity
to be heard, may affirm, modify or reverse the order of the Director as the
facts may warrant. Unless the same is declared by a court of competent jurisdiction
to be arbitrary, capricious or not supported by substantial evidence, the
order of the Director, after review thereof, shall be final and conclusive.
In the event that the persons to whom the order of the Director is directed
fail or refuse to comply with the terms of such order within 30 days after
such order has become final, the Director shall, without further notice to
any person, take or cause to be taken the necessary action to remove, abate,
alter or repair the nuisance as specified in the order of the Director. The
costs and expenses incident thereto shall be a personal charge against the
occupant and the last owner of record, if not such occupant, of the premises
affected and all appurtenances thereto.
No person shall abandon any flat-bottomed boat, barge, scow, raft or
vessel upon any public land or waterway to or upon any private property within
the town without the prior written permission of the Director of Public Affairs.
The owner of any occupied or unoccupied barge which is to be docked
in or on the banks of any river or navigable waterway within the town for
more than 10 consecutive days shall post a surety bond in the amount of $25,000
with the Town Clerk and in favor of the town, said bond being issued by a
surety company authorized to do business in the State of New Jersey.
In the event that a barge bonded in accordance with the preceding section
sinks or otherwise becomes unable to navigate under its own power, the bond
so posted shall be forfeited to the town to aid in the removal of such barge
from any river, riverbank or navigable waterway within the town.
The surety on a bond issued pursuant to the above provisions shall have
the right to apply to the Director to cancel such bond upon the removal of
the barge from the rivers and riverbanks of the town, but the surety shall
only cancel said bond upon the written approval of the Director.
This chapter shall not apply to barges, ships or boats owned or operated
by common carriers engaged in interstate or foreign commerce, nor shall it
apply to pleasure craft used on a seasonal basis unless such vessels are abandoned.
Any person who violates this chapter by abandoning any flat-bottomed
boat, barge, scow, raft or other vessel without permission shall be subject
to the penalties prescribed by Chapter 264 of the Laws of 1969 (N.J.S.A. 12:7C-1
et seq.), as amended and supplemented.
The Director of the Department of Public Affairs shall have sole discretion
to decide whether the town shall issue a waterfront maintenance permit, provided
that no such permit shall be issued by him unless he shall be satisfied that:
A.
He has received the necessary permits from the Army Corps
of Engineers, the New Jersey Department of Environmental Protection and any
other governmental authority or agency having jurisdiction of the waterfront
lands located within the Town of West New York, specifying in detail the full
scope of the work to be performed along the waterfront and specifically itemizing
the estimated cost of each component of the work required to achieve the task
set forth in this report. The permits shall include all costs, including but
not limited to:
B.
He has received from the governmental agencies a complete
transportation plan, which shall provide specific details as to any proposed
work of any roads, public lands or private lands within West New York for
any purpose related to the harbor cleanup project. The Director shall evaluate
the transportation plan in deciding whether to issue the permit. He shall
advise all governmental agencies and the owner that, except in an emergency,
the public property and private property in West New York shall not be used
by truck traffic and that all shore removal and repair activities utilize
barge (water) service along the shore.
C.
He has received a complete environmental impact statement,
which shall specify the details of the harbor cleanup proposal and specifically
anticipated noise generating activities; any rubbish removal, rubbish burial
and excavation; and any activity regarding burning chemical disposal or emission
of particles into the air. This report shall specifically indicate the manner
in which the proposed activities will affect or disturb the residents of the
high-rise structures located along the palisades adjacent to the waterfront.
D.
He has received a complete construction timetable indicating
projected time limits for each phase of the harbor removal activity, which
shall specifically state a final completion date when all activities are concluded.
The following contingencies must be met to the Director's satisfaction
in order for the town to issue a permit to the owner:
A.
The owner and the town shall enter into a development
agreement which shall specify the full nature of the work and the cost thereof
and the duties and obligation of the owner.
B.
The owner shall obtain all prerequisite permits required
by the Army Corps of Engineers and the Department of Environmental Protection
and any other entity, in order to perform the work specified in the developers
agreement.
C.
The owner shall post with the town separate performance
and payment bonds issued by a surety licensed by the New Jersey Department
of Insurance in the face amount of 120% of the full cost of the entire project
as estimated by the United States Army Corps of Engineers and the Department
of Environmental Protection, said 120% shall apply to the total of the estimated
costs to the town and owner and a cash bond in the amount of 10% of that total
estimated cost.
D.
The owner shall post with the town a cash bond, in an
amount to be determined by the Director, to cover the anticipated legal, engineering,
planning and other professional and personnel costs of the town for this project.
The town shall be authorized to disburse said funds upon submission of vouchers
by the professionals and personnel retained by the town for this project.
E.
The owner shall post with the town:
(1)
Proof of financing commitments or deposits in sums sufficient
to cover the total costs of harbor cleanup.
(2)
Certified copies of United States Army Corps of Engineers
and Department of Environmental Protection permits and payment of all fees.
(3)
A commitment of the surety to furnish a five-year maintenance
bond after completion of the project.
(4)
Complete liability, workmen's compensation, builder's
risk and other insurance which the town requires that the owner provide, together
with proof of payment of premium and form of policies satisfactory to the
Director.
