It is the purpose and intent of this chapter to establish uniform
regulations for the construction, reconstruction, or repair of existing
or new bulkheads and to require the elevation of all bulkheads within
the City of North Wildwood to further the policy of the City to mitigate
storm and tidal flooding and to promote the health, safety or welfare
of the residents of the City and protect persons and public and private
property within the City.
Prior to the backfilling of any bulkhead construction, reconstruction,
renovation or repair, the City Engineer shall perform an inspection
to ascertain that the bulkhead has been constructed pursuant to the
plans that were submitted with the permit application. Written notice
of project completion shall be given to the City Engineer and to the
Construction Official within seven business days of substantial completion
of the project, but prior to backfilling, and said written notification
shall be accompanied by a certification from a licensed engineer or
land surveyor of the elevations of the completed bulkhead height.
If the City Engineer determines that the work that was performed pursuant
to the bulkhead permit and the subject bulkhead fail to comply with
the plans, drawings or documents that were submitted with the permit
application or fail to comply with the provisions of this chapter,
then written notice of final inspection failure shall be transmitted
by the City Engineer by regular first class mail to the permittee
at the address set forth on the permit application. The notice of
final inspection failure shall detail the reasons for inspection failure.
Permittees shall correct all deficiencies that resulted in final inspection
failure within 20 days of the date of the written notice of final
inspection failure. If, upon the expiration of those 20 days, the
bulkhead is not approved upon inspection by the City Engineer then
the permittee is deemed to be in violation of the duty to maintain
and repair the subject bulkhead as established by this chapter.
All bulkheads constructed, reconstructed renovated or repaired
within the City shall conform to the following minimum specifications:
A. All new bulkheads shall be designed by a New Jersey licensed professional
engineer.
B. All piles shall have a butt diameter of not less than 12 inches and
a tip diameter of not less than eight inches.
C. All piles will be Douglas Fir or Southern Yellow Pine and shall be
treated with an acceptable preservative for marine construction according
to the latest American Wood Preservers' Association (A.W.P.A.) specifications.
D. All new sheet piles shall be vinyl unless approved by the City Engineer.
Wales shall be Douglas Fir or Southern Yellow Pine. Wood sheet piles
shall be a minimum of two inches thick. Wood sheet piles shall be
constructed in two rows with staggered joints. All timber materials
shall be treated with an acceptable preservative designed for use
in a salt-water environment.
E. All components of the bulkhead system up to the minimum required
elevation shall be constructed to be watertight. Watertight may include
backfilling up against the landward side of the bulkhead, water stop
sealants for steel and PVC sheet piles, continuous and solid landward
capping and any other methods approved by the City Engineer.
F. All bulkhead construction, reconstruction, renovation or repair shall
be constructed to the property line and shall tie in with bulkheading
on the adjoining property and said tie in shall be made watertight.
Where no adjoining bulkhead exists, the bulkhead shall be constructed
in such manner that it can be tied in with any future adjoining bulkhead.
G. All hardware shall be hot-dipped galvanized steel or stainless steel
in accordance with latest standards for salt-water applications.
H. All outfall piping shall be fitted with a tide-control device that
is approved by the City Engineer.
I. The means and methods for outfall piping extensions that are required
to accommodate the new bulkhead shall be approved by the City Engineer.
J. Bulkhead construction, reconstruction, renovation or repair shall
not adversely affect adjoining properties.
K. All old, deteriorated sections of bulkhead shall be completely removed
or cut off a minimum of four inches below the mudline.
L. All existing utilities shall be protected from damage during any
work performed pursuant to a bulkhead permit. The bulkhead permittee
shall be responsible for obtaining current "utility markout" from
all appropriate state and local agencies prior to commencement of
work.
M. Deviations from construction materials set forth herein are allowed
so long as all specifications and technical data concerning the proposed
construction material are submitted to the City and are approved in
writing by the City Engineer prior to installation. The use of any
construction material that is not specifically set forth above or
approved by the City Engineer is strictly prohibited.
N. All design materials herein shall be subject to the requirements
of the NJDEP and USACOE.
All bulkheads within the City shall be maintained in such a
condition so that they shall pose no danger to the health, safety
or welfare of the residents of the City or to public or private property
within the City. Bulkheads shall be kept in a state of repair so as
to prevent erosion or damage to abutting, adjacent or adjoining properties.
Whenever a bulkhead has deteriorated or suffered damage to such a
degree that a danger to the property or adjoining properties is present,
the City Engineer, Construction Official, Zoning Official or Code
Enforcement Officer shall notify the property owner, in writing, by
certified mail to the address that is set forth on the City's tax
records, of the nature of the deterioration or damage and require
the owner to make the necessary repairs. When notified by the City
of a deteriorated bulkhead, a property owner shall submit a plan of
corrective action to the City no later than 30 days from the receipt
of said notice. Upon approval of the plan of corrective action by
the City Engineer, the property owner shall complete all necessary
repairs within 120 days. If permits are required from state or federal
government agencies, such permits shall be immediately applied for
upon receipt of City approval. Upon issuance of the bulkhead permit
and approval of the plan of corrective action, the property owner
immediately shall complete all necessary repairs. In the event that
the property owner fails to submit a corrective action plan, fails
to obtain a bulkhead permit to implement the corrective action plan
or fails to implement the corrective action plan, the property owner
shall be subject to the penalties set forth herein.
In addition to the above, in the event that the property owner
fails to submit a corrective action plan, fails to obtain a bulkhead
permit to implement the corrective action plan or fails to implement
the corrective action plan, the City of North Wildwood may implement
a corrective action plan upon approval of a corrective action plan
that has been prepared by the City Engineer or Special Projects Engineer.
Such approval of a corrective action plan to be undertaken by the
City shall be evidenced by a resolution of approval duly adopted by
the Mayor and Council at any regular or special meeting of the governing
body of the City. Upon adoption of such a resolution, a copy thereof
shall be served by the City Clerk upon the affected property owner
by certified mail to the address that is set forth on the City's tax
records. Upon implementation of a corrective action plan by the City,
the sum total of all costs incurred by the City in implementing the
correction action plan shall be a lien upon the subject property and
shall be added to and form a part of the taxes and municipal charges
to be assessed and levied upon the subject property and that sum total
amount shall bear the same rate of interest as unpaid municipal taxes
and shall be enforced in the same manner. The costs of implementing
the corrective action plan include, by way of example and not by way
of limitation, the engineering costs incurred for preparation of the
corrective action plan, preparation of bidding documents pursuant
to the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., publication
costs incurred in connection with any contract subject to the bidding
and publication requirements of the Local Public Contracts Law, legal
expenses incurred in connection with the review of contract bids,
construction permit fees, inspection fees and costs and all sums of
money paid to contractors.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any provision of this chapter, upon conviction
thereof, shall be punished by a fine not exceeding $2,000, or by imprisonment
for a term not exceeding 90 days, or community service for not more
than 90 days, or any combination thereof. A separate offense shall
be deemed to be committed on each and every day during or on which
a violation occurs or continues.