Ventnor City, NJ Chapter 92 Bulkheads and Seawalls [1]

[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City 9-9-2021 by Ord. No. 2021-17. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 92, Casinos, consisting of Art. I, Processing of Employee Applications, adopted 5-21-1979 by Ord. No. 7903, as amended 4-21-1980 by Ord. No. 8005, was repealed 8-24-2000 by Ord. No. 2008.

§ 92-1 Purpose.

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.

§ 92-2 Permit required.

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.

§ 92-3 Permit application.

A. All applications shall be on the form provided by the City and accompanied by plans showing the size, shape, configuration and location of such bulkheads, the specifications of material to be used in construction, reconstruction, renovation or repair, the manner in which materials shall be incorporated into the bulkhead and the fee for review. Bulkhead plans and specifications must be designed by an engineer licensed to practice in the State of New Jersey and signed and sealed by such engineer. The plan must contain the label "issued for construction pending a permit approval."

B. Fees: in the amount set forth in Chapter 114, Fee Schedule.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 92-4 Permit approvals.

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.

§ 92-5 Notification of commencement of construction.

The Bulkhead Inspector shall receive notice of commencement of construction at least two business days in advance of said construction.

§ 92-6 Final inspection.

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.

§ 92-7 State and federal approvals.

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.

§ 92-8 Minimum specifications.

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.

§ 92-9 Performance standards.

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.

§ 92-10 Utilities.

A. It is the responsibility of the applicant to protect all existing utilities. The applicant is responsible for obtaining current "utility mark-out" for appropriate state or local agencies prior to commencement of construction.

B. All utilities shall be relocated or reconnected at the owner's expense.

§ 92-11 Maintenance, duty to repair.

A. All private bulkheads within the City of Ventnor shall be maintained so they shall not pose a danger to the health, safety or welfare of the citizens of the City of Ventnor or to property within the City of Ventnor. The bulkheads shall be kept in a state of repair to prevent erosion or damage to abutting, adjacent or adjoining properties. Whenever a bulkhead has deteriorated to such a degree that it poses a danger to the property, or adjoining properties, the Bulkhead Inspector shall notify the property owner, in writing, of the nature of the deterioration and require the owner to make the necessary repairs. The property owner shall submit a plan of corrective action to the Bulkhead Inspector no later than 30 days from receipt of the notice. Upon approval of the corrective action by the Bulkhead Inspector, the property owner shall complete all necessary repairs forthwith. If permits are required from the State of New Jersey or the federal government, such permits shall be immediately applied for. In the event the property owner fails to submit a corrective action plan or fails to implement that plan, he shall be liable for the penalties and violations contained herein.

B. Any and all existing bulkheads below the minimum height or elevation, shall be reconstructed to the minimum elevations required by the City's Ordinance for all new construction, substantial Improvement, substantial damage, house raising and other substantial construction activity, including any subdivisions of land. If a structure is to be elevated or raised to meet the City's flood damage prevention ordinance[1] and a noncompliant bulkhead is below the structure, the bulkhead shall be replaced prior to resetting of the structure, principal or accessory.

[1] Editor's Note: See Ch. 126, Flood Hazard Areas.

C. 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 or developed 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 $1,250, may be ordered to perform community service for up to 30 days, and may be subject to jail time not to exceed 90 days, all in the discretion of the Municipal Court Judge of the City of Ventnor.

§ 92-12 Bulkhead appeals.

A bulkhead denial may be appealed to the Planning Board of the City of Ventnor.

§ 92-13 Effective date.

This chapter shall take effect upon its final passage and publication as required by law.