[Adopted by Ord. No. 2004-19; amended in its entirety 12-13-2018 by Ord. No. 2018-21]
A.
LAGOON
MARINE BULKHEAD
TOWNSHIP BULKHEAD ENGINEER
TOWNSHIP BULKHEAD INSPECTOR
WATERFRONT LOT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any natural, man-made, or man-improved body of water, providing
access for watercraft to any property.
Any bulkhead or retaining wall which retains earth (or other
materials) 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.
A New-Jersey-licensed professional engineer appointed by
the Township Committee to review and approve or deny applications
submitted under this article.
An inspector appointed by the Township Committee to inspect
the condition and construction of bulkheads under this article and
to enforce the provisions of this article or, in the alternative,
the Township Building Inspector.
Any lot which has a lagoon or other body of water along or
part of any of its boundary lines.
B.
Permits required.
(1)
No marine bulkhead shall be altered, repaired [except as noted in § 135-36B(1)(a)], constructed, reconstructed, or installed, and no fill shall be placed on any waterfront lot, unless and until a bulkhead permit has been obtained from the Township of Ocean.
(a)
A bulkhead permit shall not be required for repairs of less
than 50% of the length of a bulkhead.
(2)
No marine bulkhead shall be altered, repaired, constructed, reconstructed,
or installed, including repairs of less than 50%, and no fill shall
be placed on any waterfront lot, unless and until a zoning permit
has been obtained from the Township of Ocean.
(3)
No marine bulkhead shall be altered, repaired, constructed, reconstructed,
or installed, and no fill shall be placed on any waterfront lot, unless
and until a permit has been obtained from the New Jersey Department
of Environmental Protection and from any other governmental agency
with jurisdiction.
A.
Applications for a bulkhead permit shall be submitted to the Township
Construction Office, and shall be on the form provided by the Township.
B.
All proposed new, altered, replacement, or reconstructed marine bulkheads
in the Township of Ocean shall be designed by a professional engineer
licensed to practice in the State of New Jersey and/or homeowner.
C.
Applications shall be accompanied by signed and sealed plans and
specifications, showing the size, shape, configuration, materials,
dimensions, and location of the bulkhead(s), including existing and
proposed bulkheads.
D.
All plans shall be based upon an accurate, current survey of the
premises prepared by a New-Jersey-licensed land surveyor.
E.
Applications shall be accompanied by fees established by the Township
Committee of the Township of Ocean.
F.
Applications shall be accompanied by copies of permits from the New
Jersey Department of Environmental Protection regarding the proposed
bulkhead, and/or other documentation verifying that the proposed bulkhead
has been approved by the department or is in conformance with the
department's rules and regulations governing bulkheads.
G.
A minimum of two pictures of existing bulkhead required for exceeding
50% re-sheathing, to verify that not more than 50% of the bulkhead
will be repaired.
A.
The Township Bulkhead Engineer shall review the application and plans
and grant or deny the application within 10 business days upon receipt
of a complete application.
B.
The review by the Township Bulkhead Engineer shall be in conformity
with the chapter, consistent with the minimum standards and specifications
contained herein.
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.
All bulkhead designs shall take into account the following minimum
factors:
(1)
Soil type(s) and conditions in front of wall;
(2)
Soil type(s) 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)
Water depth behind the wall;
(5)
Tide fluctuations;
(6)
Sheet pile and face pile (if used) embedment depth;
(7)
Sheet pile and face pile (if used) exposed length above bottom of
lagoon and above water;
(8)
Sheet pile anchorage conditions behind wall;
(9)
Currents, scour and wave action potential;
(10)
Use of wall and land behind the wall (boat anchorage davit attachments,
special loadings, driveways, buildings, surcharges, etc.);
(11)
Drainage behind the wall;
(12)
Wall backfill materials;
(13)
Slope behind the wall;
(14)
Type and strength of materials used in wall; and
(15)
If deadmen drag and anchor piles are eliminated, an alternative
design must be submitted.
C.
All marine bulkheads shall be generally of the deep-water, anchored
(or "navy") type unless otherwise approved by the Township Engineer,
which typically consists of the following elements:
(1)
Face piles (tapered, round piles seaward of all other bulkhead components);
(2)
Sheet piles (sheathing);
(4)
Steel tie rods with ogee washers and nuts, through the face piles
and sheet piles and tied into deadmen, drag, and/or anchor piling;
(5)
Key logs, deadmen, drag, and/or anchor piles for tie rod anchorage;
and
(6)
Wall caps.
D.
If the bulkhead will be constructed of interlocking vinyl sheet piles
and will utilize a design in which face piles will not be used, the
design shall be subject to the approval by the Township Bulkhead Engineer.
Such bulkheads, however, shall include all other bulkhead elements
listed in this article for marine bulkheads.
E.
All marine bulkheads shall be installed by contractors who are equipped,
experienced, qualified, and competent to install such structures and
shall be constructed in a good workmanlike manner.
F.
All development on waterfront properties abutting lagoons shall provide
for marine bulkheading along the entire lagoon frontage. Only marine
bulkheads are permitted along such lagoon frontages; in no case shall
bank slopes, riprap, revetments, sod, vegetated or other types of
bank stabilization be permitted.
G.
Only clean fill shall be used for fill behind or on the landward
side of the bulkhead and no construction debris.
H.
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. If the requirements of the
New Jersey Department of Environmental Protection do not permit either
of these alternatives, then the department's determination shall govern.
I.
On and after January 1, 2004, wood that has been pressure-treated
with chromated copper arsenate (CCA) shall no longer be permitted
for use as sheet piles in any marine bulkhead constructed or reconstructed
in Ocean Township if commercial production of such wood has been discontinued.
A.
No stormwater piping connected to a roadway drainage system may penetrate
a bulkhead unless there is an authorized easement by the Township
of Ocean.
B.
Commencement of construction; notification; inspections.
(1)
No construction shall commence before and unless a permit for
construction has been obtained in accordance with the requirements
of this article.
(2)
The permittee shall notify the Township Bulkhead Inspector at
least two business days before construction is to commence or recommence
on any bulkhead for which a permit has been issued. In the event of
extreme weather conditions, the permittee may backfill the work completed
to date; however, the permittee shall first notify the Township Bulkhead
Inspector and expose the completed work, to the satisfaction of the
Township Bulkhead Inspector, prior to closeout of any permit.
(3)
Any work performed without notification to the Township Bulkhead
Inspector is subject to removal by and at the cost and expense of
the permittee.
(4)
The Township Bulkhead Inspector shall inspect the materials
delivered to the job site and verify that they are in conformance
with the permit issued for that work, in size, quantity, and quality.
If such materials do not conform to permit requirements, they shall
be marked as "rejected" and removed from the job site by the permittee
and shall not be incorporated into the bulkhead construction.
(5)
The Township Bulkhead Inspector shall make periodic visits to
the job site to verify that the work is proceeding in accordance with
permit requirements.
(6)
The permittee and the contractor shall provide safe and adequate
access to the site of the work for the Township Bulkhead Inspector
for purposes of making the required inspections.
A.
The permittee shall notify the Township Inspector of the completion
of the work done under the permit issued.
B.
The Township Inspector shall, within three 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." 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 Office when corrections have
been made, and a reinspection will be made.
A.
Materials.
(1)
All materials incorporated into bulkheads constructed within the
Township shall conform to the requirements contained herein.
(2)
On or after January 1, 2004, wood that has been treated with chromated
copper arsenate (CCA) shall not be used as sheet piles in any bulkhead
regulated by these requirements, if commercial production of such
wood has been discontinued, except to repair an existing structure
as regulated in Section 12-14.4f.[1]
[1]
Editor's Note: So in original; refers to 1972 Ocean Codified
Ordinances.
(3)
On or about January 1, 2004, only vinyl shall be used as sheet piles
in any bulkhead regulated by these requirements, if commercial production
of CCA-treated wood has been discontinued, except to repair an existing
structure as regulated in Section 12-14.4f.[2]
[2]
Editor's Note: So in original; refers to 1972 Ocean Codified
Ordinances.
(4)
Wood.
(a)
Material. All wood used in marine bulkhead construction shall
be treated Southern pine (or a wood of equivalent strength and durability
approved by the Township Engineer), and graded by a recognized lumber
grading agency, meeting the following minimum standards:
[1]
Round piles, ASTM D 25, minimum ten-inch butt, eight-inch tip
diameter, natural taper spaced a maximum of six feet on center and
driven a minimum of eight feet into solid bottom, or greater if determined
by the design engineer.
[2]
Square or sawn piling, not permitted.
[3]
Waler. Marine framing grade number two, minimum four inches
by six inches with a maximum spacing of four feet between top and
bottom walers, and with intermediate walers if required by the design
engineer.
[4]
Sheet piles. Seawall grade number two, clearly marked "This
Side Seaward," tongue and groove, minimum two-inch nominal thickness,
or greater if determined by the design engineer. Length shall be determined
by the depth of the water six feet from the bulkhead and shall be
driven a minimum of five feet into solid bottom or greater if determined
by the design engineer.
[5]
Wallcaps. Number one.
[6]
Anchor piles. ASTM D 25 minimum eight-inch tip diameter, natural
taper, and length and depth as determined by the design engineer.
[7]
Key logs. Minimum six-inch by eight-inch or eight-inch diameter
and 16 feet long, continuous for the entire length of the bulkhead
with four-foot overlaps.
(b)
Preservative. All wood used in bulkhead construction shall be
pressure-treated in accordance with the following specifications:
B.
Installation. 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. The design engineer shall certify
that the particular type, length, thickness, and shape of bulkhead
is adequate and appropriate for the loads and conditions anticipated
at the site.
(1)
Vinyl.
(a)
Vinyl used in bulkheading shall be extruded from ridge, 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 guaranteed in writing by the manufacturer
to resist rot, decay, marine borer, termite, and ultraviolet deterioration
on a prorated basis for a minimum of 50 years from the date of installation.
(b)
Vinyl bulkheads shall consist of the following minimum components:
interlocking PVC sheet piles; one or more horizontal beams as wafers;
and an anchoring system consisting of tie rods and anchors.
(c)
Components of vinyl bulkhead systems which will consist of wood
or metal parts shall conform to the standards of this article for
wood or metal components.
(d)
The design engineer shall certify that the particular type,
length, thickness and sectional shape of vinyl sheet pile used is
adequate and appropriate for the loads and conditions anticipated
at the site.
(e)
All vinyl materials shall be installed in strict accordance
with the specifications, recommendations, and installation instructions
of the vinyl sheet pile manufacturer.
(2)
Steel.
(a)
Galvanized steel.
[1]
All tie rods shall be ASTM A-36 steel one-inch minimum diameter,
hot dipped galvanized steel, per ASTM A-153 with two ounces of zinc
per square foot, with matching hexagonal nuts (ASTM A-307) and cast-iron
ogee washer (ASTM A-47).
[2]
All bolts shall be 3/4-inch minimum diameter, hot-forged bolts
with hexagonal heads (ASTM A-307), with matching hexagonal nuts and
washers.
[3]
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.
[4]
All hardware (including plates and turnbuckles) shall be of
the same materials and protective coatings as the tie rods.
A.
All private bulkheads within the Township of Ocean shall be maintained
so that they shall not pose a danger to the health, safety and welfare
of the citizens of the Township.
B.
All bulkheads 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.
C.
Whenever a bulkhead has deteriorated to such a degree that it poses
a danger to the property, or to abutting, adjacent or adjoining properties,
or to the lagoon on which it fronts, the owner shall be required to
make the necessary repairs to correct such conditions.
D.
The indications that a bulkhead has deteriorated shall include (but
not be limited to):
E.
When notified by the Township Bulkhead Inspector of a deteriorated
bulkhead, a property owner shall submit a plan of correctly action
to the Township no later than 30 days from the receipt of the notice.
F.
Upon approval of the plan of corrective action by the Township Bulkhead
Engineer, the property owner shall complete all necessary repairs
within 120 days.
G.
If permits are required from state or federal government agencies,
such permits shall be immediately applied for prior to Township approval.
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.
A.
If the owner, tenant or person in possession of the lands in question fails to abate the condition described in § 135-43, after receipt of notice and within the timeframes established in § 135-43, the Code Enforcement Officer shall cause the condition be abated and shall certify the cost to the Township Committee, which shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this article. In addition to the actual costs incurred by the municipality for labor and the use of Township equipment, or the costs of contractors procured by the Township, the lien shall also include an administrative fee in the amount of $250, which shall be included in said lien to cover the Township's administrative costs in addressing and abating the conditions complained of.
B.
Anyone violating any of the provisions of this article shall be subject
to a fine not to exceed the sum of $2,000 and/or imprisonment not
to exceed 90 days for each violation. Each day of a violation shall
be a separate offense and shall be punishable as a separate offense.
C.
A fee of $290 shall be paid by the applicant to the Township of Ocean
to cover the administrative costs for processing and reviewing the
bulkhead permit and inspecting the work (exclusive of any required
zoning permit fees).
