The City of Ventnor desires to create uniform regulations for
the construction, reconstruction, repair or renovation of existing
or new bulkheads within the City of Ventnor along any waterway or
beach of Ventnor City.
A permit shall be required before beginning the construction, reconstruction, repair or renovation of any bulkhead on any waterway or beach within the City of Ventnor. Applications for a bulkhead permit shall be submitted to the Bulkhead Inspector who shall be appointed by the Mayor. The fee for said permit shall be in accordance with Chapter
144, Fee Schedule, of this Code.
The Construction Official, Zoning Officer, City Engineer may act as the Bulkhead Inspector shall review the plans and grant or deny the application within 20 business days upon receipt of a completed application. The review by the Bulkhead Inspector 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, shall be waived by the Bulkhead Inspector. Following the effective date of this chapter, singular or multiple repair projects affecting cumulatively less than 25% of the linear feet of a bulkhead sheeting on a single lot may be exempt from the standards as described in Section
92-8. The decision of the Bulkhead Inspector shall be binding and final unless the property owner appeals that decision to the Planning Board.
The Bulkhead Inspector shall receive notice of commencement
of construction at least two business days in advance of said construction.
Notice of project completion shall be given to the Bulkhead
Inspector within seven days of substantial completion of the project.
The Bulkhead Inspector 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.
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 (USACE). No permit for work shall be issued
until a valid permit is received from appropriate state or federal
agencies having jurisdiction over the work.
The minimum specifications for construction, reconstruction,
repair or renovation of bulkheads are as follows:
A. Non-oceanfront bulkheads:
(1) It has been determined by the Board of Commissioners of the City
of Ventnor City that consistency of construction material and height
for bayfront bulkheads within the ownership and maintenance responsibilities
of the upland property owner is necessary in order to provide a uniform
protection against the elements and coincide with municipal obligations
to the street end protection. As such, they are considered regulatory
under this section as to height and construction, as follows:
(2) Construction.
(a)
Bulkhead design shall provide for expected toe scour or proposed
dredge depth and shall be shown on plans.
(b)
All non-ocean front bulkhead construction or replacement shall
be within the established riparian rights of the upland property owner.
No construction permit shall be issued by the Construction Code Official
without proper approval of the State of New Jersey and Army Corps
of Engineers. Bulkhead material shall be designed in conformance with
standard engineering construction as approved by the State of New
Jersey and Army Corps of Engineers and the City Engineer. Construction
or modifications to the bayfront bulkheads shall be subject to approval
by the Municipal Construction Code Official and the City Engineer
through the building permit procedure.
(c)
All private bulkheads within the City of Ventnor must be maintained
in such a manner so that the same are not injurious or dangerous to
the health, safety or welfare of the citizens of, or visitors to,
Ventnor. Said bulkheads shall be kept in such a state of repair so
as to maintain the land in and around said bulkhead to a grade above
the mean high tide level as established for the City of Ventnor. Said
bulkheads shall be maintained to prevent erosion of any upland dirt,
sand or other material from the property on which the bulkhead is
situated or any neighboring or adjoining properties. Additionally,
no zoning permit, certificate of occupancy or certificate of land
use shall be issued for any vacant lot which does not have a bulkhead
or does not have a bulkhead which is in conformity with this chapter.
For any sale of a lot without a conforming bulkhead, if the responsibility
to construct the bulkhead is placed on the buyer, a certificate of
land use may be issued, in the discretion of the Construction Official,
upon the submission of a bond in favor of the City of Ventnor in an
amount equal to 110% of the cost to construct the bulkhead and a written
agreement between the buyer and seller clearly stating the responsibility
to construct the bulkhead is placed on the buyer. In such event, the
bulkhead must be constructed within 12 months of the date of sale
or the City of Ventnor shall have the absolute right to call said
bond and be allowed access to the property to construct said bulkhead.
Any person or entity who violates this section of the Code of the
City of Ventnor may be subject to a fine not to exceed $2,500, may
be ordered to perform community service for up to 30 days, all in
the discretion of the Municipal Court Judge of the City of Ventnor.
(3) The minimum elevation of the top of the bulkhead shall be 8.0 feet
NAVD, 1988 datum to a maximum of elevation 9.0 feet NAVD 1988 unless
the adjacent grade is higher than elevation 9.0 NAVD 1988. Fencing
to a height of not more than four feet shall be permitted above the
highest permitted elevation of the non-ocean front bulkhead regardless
of consideration of whether it is the front, side or rear yard. Fencing
shall be permitted to extend from property line to property line along
the non-ocean front bulkhead.
(4) Additional outfall piping requires written approval from the City
Engineer. If drainage conditions require piping, all new infrastructure
must have an approved tide-control device.
(5) Existing privately owned outfall piping will be extended and fitted
with an approved tide-control device.
(6) Existing City-owned storm drains that penetrate private bulkheads
shall be extended and maintained by the private property owner.
(7) Bulkhead construction shall not adversely affect the depth of the
adjacent water body.
(8) The owner(s) must permit the connection to or from any adjacent bulkheads
and returns whether it be existing or newly constructed or proposed.
(9) All City-owned bulkheads may be connected to with the approval of
the City.
(10) Bulkhead returns are encouraged to be how long as is necessary to
protect the subject property.
(11) Fill is encouraged to elevate the grade beyond the elevation of nuisance
flooding.
B. Oceanfront bulkheads and seawalls:
(1) The minimum elevation of the top of the bulkhead shall be 10.5 feet
NAVD, 1988 datum.
(2) The alignment shall be in accordance with the existing seawall line
or as approved by NJDEP but no closer than five feet from the boardwalk
edge.
(3) If the proposed construction methods shall require access and/or
disturbance of City property, a detailed plan outlining the proposed
limits of disturbance and proposed restoration shall be provided for
approval by the City Engineer or his designee. City property shall
be restored to a condition equal to preconstruction conditions.
(4) It has been determined as a result of the interpretation of the park
deed easements establishing the public beach and park area for the
City of Ventnor City that the oceanfront seawalls between Jackson
and Richards Avenues are within the ownership and maintenance responsibilities
of the adjacent upland property owner. It is further determined and
established that the oceanfront bulkheads between Richards and Fredericksburg
Avenues shall be the maintenance responsibility of the adjacent upland
property owner. As such, all of the oceanfront seawalls and bulkheads,
comprised of both concrete seawalls and timber bulkheads, are considered
regulatory under this section as to height and construction; as follows:
(5) Construction.
(a)
All concrete oceanfront seawall construction and/or reconstruction
between Jackson and Richards Avenues shall remain within the property
lines of the adjacent upland property owner and not within the area
defined as the public park within the park deed on file in the Municipal
Clerk's office. All timber oceanfront bulkheads between Richards and
Fredericksburg Avenues shall be replaced and/or reconstructed in line
with, or oceanward of, the existing timber bulkhead line, but in no
case greater than 3 1/2 feet oceanward of the adjacent upland
property line, which distance shall be measured to the face of the
new bulkhead sheeting. Construction and/or reconstruction of concrete
and/or timber bulkheads shall be of the same type of material as originally
existing and in conformance with City Engineering details on file
with the Municipal Construction Code Official. Timber oceanfront bulkheads
may be replaced with concrete oceanfront seawalls. Construction and/or
modifications to the existing oceanfront seawalls and timber oceanfront
bulkheads shall be subject to approval by the Municipal Construction
Code Official through the building permit procedure. Any requests
for variations or modifications due to proposed architectural features
shall be first reviewed and approved by the City Commission.
[1]
No concrete oceanfront seawall cap or timber oceanfront bulkhead
cap, sheeting and/or piling shall be constructed with a finished elevation
higher than the highest elevation of the existing boardwalk decking
within the area projected by the extension of the property lines to
the boardwalk. No fencing or any other material construction will
be permitted on or over any concrete oceanfront seawall or timber
oceanfront bulkhead. Any fencing shall be placed along the property
line only. For a concrete oceanfront seawall, the fence shall be placed
on the landward side of the concrete seawall construction. All fencing
shall be constructed independent of the seawall/bulkhead construction.
No fencing shall be constructed higher than the existing boardwalk
railing, but in no case higher than 48 inches above the height of
the oceanfront seawall or bulkhead.
All bulkheads construction, reconstruction, repair or renovation
must meet the following performance standards in addition to the minimum
standards 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. Materials selection must include evaluation of environmental impacts
that are caused by the materials.
D. Bulkhead construction shall not adversely affect adjacent properties.
E. Any person or entity who violates this section of the Code of the
City of Ventnor may be subject to a fine not to exceed $2,500, may
be ordered to perform community service for up to 30 days, all in
the discretion of the Municipal Court Judge of the City of Ventnor.
A bulkhead denial may be appealed to the Planning Board of the
City of Ventnor.
This chapter shall take effect upon its final passage and publication
as required by law.