Township of Little Egg Harbor, NJ Chapter 151 Bulkhead Construction

[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor 5-10-2007 by Ord. No. 2007-08. Amendments noted where applicable.]

§ 151-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

LAGOON

Any natural, man-made, or man-improved body of water providing access for watercraft to any property.

MARINE BULKHEAD

Any bulkhead or retaining wall which retains earth (or other materials) on one side and is exposed to water in a lagoon or natural waterway on the other side.[1]

[Amended 5-9-2019 by Ord. No. 2019-10]

TOWNSHIP BULKHEAD ENGINEER

A New Jersey licensed professional engineer appointed by the Township Committee to review and approve or deny applications submitted under this chapter.

TOWNSHIP BULKHEAD INSPECTOR

An inspector appointed by the Township Committee to inspect the condition and construction of bulkheads under this chapter and to enforce the provisions of this chapter.

WATERFRONT LOT

Any lot which has a lagoon or other body of water along all or part of any of its boundary lines.

[1] Editor's Note: The definition of "Township Bulkhead Board of Appeals Committee," which immediately followed this definition, was repealed 12-12-2013 by Ord. No. 2013-18.

§ 151-2 Permits required.

[Amended 5-9-2019 by Ord. No. 2019-10]

A. No marine bulkhead shall be altered, constructed, reconstructed, repaired, or installed, and no fill shall be placed on any waterfront lot, unless and until a permit has been obtained from the Township of Little Egg Harbor.

B. No marine bulkhead shall be altered, constructed, reconstructed, repaired, 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, if needed.

§ 151-3 Applications for permits.

A. Application for a bulkhead permit shall be submitted to the Zoning Office and shall be on the form provided by the Township.

[Amended 5-9-2019 by Ord. No. 2019-10]

B. All proposed new, altered, replacement, or reconstructed marine bulkheads in the Township of Little Egg Harbor shall be designed by a professional engineer licensed to practice in the State of New Jersey.

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 as established by the Township Committee of the Township of Little Egg Harbor.

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.

§ 151-4 Permit approval.

A. The Township Bulkhead Engineer shall review the application and plans and grant or deny the application within 20 business days upon receipt of a complete application.

B. The review by the Township Bulkhead Engineer shall be in conformity with this chapter, consistent with the minimum standards and specifications contained herein.

§ 151-5 Conformance to standards.

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 the 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 the 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 the wall.

C. All marine bulkheads shall be generally of the deep-water, anchored (or "navy") type, unless otherwise approved by the Township Bulkhead Engineer, which typically consists of the following elements:

(1) Face piles (tapered, round piles seaward of all other bulkhead components).

(2) Sheet piles (sheathing).

(3) Walers (horizontal beams between face piles and sheetpiles).

(a) One at the top of the wall.

(b) One at or right above low tide (if needed for design conditions).

(c) Intermediate (if needed for design conditions).

(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.

(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 chapter 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. If the requirements of the New Jersey Department of Environmental Protection do not permit marine bulkheading along the entire lagoon frontage, then the Department's determination on stabilization type shall govern.

[Amended 10-8-2020 by Ord. No. 2020-13]

G. Only clean fill shall be used for fill behind or on the landward side of the bulkhead.

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 Little Egg Harbor Township if commercial production of such wood has been discontinued.

(1) Thereafter, CCA shall only be permitted for:

(a) Use as walers, face piles, deadmen, anchor piles, wall caps; or

(b) For repair of sheet piles in an existing marine bulkhead which was originally constructed of such materials.

(2) In the event the repair of an existing marine bulkhead will constitute more than 50% of the surface area of the existing sheet piles exposed between the upper and the lowest waler in the bulkhead, then CCA-treated wood shall not be permitted for use therein.

§ 151-6 Commencement of construction; notification; inspections.

A. No construction shall commence before and unless a permit for construction has been obtained in accordance with the requirements of this chapter.

B. 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.

C. Any work performed without notification to the Township Bulkhead Inspector is subject to removal by and at the cost and expense of the permittee.

D. 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.

E. [1]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.

[1] Editor's Note: Former Subsection E, regarding periodic visits by the Inspector to the job site, was repealed 5-9-2019 by Ord. No. 2019-10. This ordinance also provided for the redesignation of former Subsection F as Subsection E.

§ 151-7 Final inspection.

A. The permittee shall notify the Township Bulkhead Inspector of the completion of the work done under the permit issued, which shall be within 72 hours of the completion of the backsystem inspection.

[Amended 5-9-2019 by Ord. No. 2019-10]

B. The Township Engineer shall, within five business days of the notification, make a final inspection of the completed work to determine if it conforms to the approved plans issued with the permit.

[Amended 5-9-2019 by Ord. No. 2019-10]

C. If it is in conformance, the permittee will be so advised, and the permit file shall be marked as "completed."

D. 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 Engineer when corrections have been made, and a reinspection will be made.

[Amended 5-9-2019 by Ord. No. 2019-10]

§ 151-8 Utilities.

A. It is the responsibility of the permittee to protect all existing utilities at the bulkhead site.

B. The permittee shall obtain current utility mark-out from all applicable utilities prior to commencement of construction.

§ 151-9 Minimum standards.

A. Materials.

(1) All materials incorporated into bulkheads constructed within the Township shall conform to the requirements contained herein.

(2) Wood that has been treated with creosote shall not be used in any bulkhead regulated by these requirements, except for back system components (anchor piles, drag piles, and deadmen).

(3) 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 § 151-5I.

(4) On or after 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 § 151-5I.

(5) Wood.

(a) Material. All wood used in marine bulkhead construction shall be Southern Pine (or a wood of equivalent strength and durability approved by the Township Bulkhead Engineer) and graded by a recognized lumber grading agency, meeting the following minimum standards:

[1] Round piles: ASTM D 25, minimum eight-inch tip diameter, natural taper, spaced a maximum of five 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] Walers: Marine Framing Grade No. 2 minimum six inch by six inch 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 No. 2, 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] Cross-bracing: Marine Framing Grade No. 2.

[6] Split Pile Caps: No. 1 Dense.

[7] Stringers: No. 1.

[8] Decking: No. 1 or Premium.

[9] Handrails: No. 1, No. 1 Dense, or Select Structural.

[10] Wallcaps: No. 1.

[11] Anchor piles: ASTM D 25, minimum eight-inch tip diameter, natural taper, and length and depth as determined by the design engineer.

[12] 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:

[1] Round piles: saltwater 2.5 CCA, AWPA C3 and C18.

[2] Walers: saltwater 2.5 CCA, AWPA C2 and C18.

[3] Sheet piles: saltwater 2.5 CCA, AWPA C2 and C18.

[4] Cross-bracing: saltwater 2.5 CCA, AWPA C2 and C18.

[5] Split pile caps: 0.60 CCA, AWPA C2 and C18.

[6] Stringers: 0.60 CCA, AWPA C2 and C18.

[7] Decking: 0.25 CCA.

[8] Handrails: 0.25 CCA.

[9] Wallcaps: 0.25 CCA.

(c) 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 SIC 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.

(6) Vinyl.

(a) Vinyl used in bulkheading shall be extruded from rigid, 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 rated 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 walers; 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 chapter for wood or metal components.

(d) The design engineer shall certify that the particular type, length, thickness, and sectional shape of vinyl sheetpile 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 sheetpile manufacturer.

(7) Steel.

(a) Galvanized steel.

[1] All tie rods shall be ASTM A-36 steel, three-fourths-inch minimum diameter, hot-dipped galvanized steel, per ASTM A-153 with 2.0 ounces of zinc per square foot with matching hexagonal nuts (ASTM A-307) and cast iron ogee washers (ASTM A-47).

[2] All bolts shall be five-eighths-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.

§ 151-10 Maintenance of bulkheads and waterfront lots; duty to repair.

[Amended 5-9-2019 by Ord. No. 2019-10]

A. All private bulkheads within the Township of Little Egg Harbor shall be maintained so that they shall not pose a danger to the health, safety, or welfare of the citizens of the Township.

B. All private waterfront lots abutting tidal waterways within the Township of Little Egg Harbor shall be bulkheaded in accordance with the minimum standards required in § 151-9 and any requirements of the New Jersey Department of Environmental Protection.

C. All private bulkheads and waterfront lots shall be kept in a state of repair which will prevent erosion or damage to abutting, adjacent, or adjoining properties or the lagoon/waterway on which it fronts.

D. Whenever a bulkhead and waterfront lot 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/waterway on which it fronts, the owner shall be required to make the necessary repairs to correct such conditions.

E. The indications that a bulkhead has deteriorated shall include (but not be limited to):

(1) Members which are bowed, bent, leaning, leaking.

(2) Holes in the sheet piles.

(3) Settlement or sinkholes in the ground landward of the bulkhead.

(4) Bulkhead backfill deposited in the lagoon seaward of the bulkhead.

(5) Other indications that it is structurally unsound or unsafe.

F. When notified by the Township Bulkhead Inspector of a deteriorated bulkhead or nonbulkheaded condition, a property owner shall submit a plan of corrective action to the Township no later than 30 days from the receipt of the notice, and the property owner shall complete all necessary repairs or replacement within 120 days.

G. If permits are required from municipal, county, state, or federal government agencies, such permits shall be immediately applied for upon receipt of Township approval of the corrective action plan noted in Subsection F above.

H. 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.

§ 151-11 Enforcement; violations and penalties.

[Amended 5-9-2019 by Ord. No. 2019-10[1]]

The provisions of this chapter shall be enforced by the Township in Municipal Court. Anyone violating any of the provisions of this chapter shall be subject to a fine not to exceed the sum of $1,250 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.

[1] Editor's Note: This ordinance also repealed former § 151-11, Appeals, as amended, and provided for the redesignation of former §§ 151-12 and 151-13 as §§ 151-11 and 151-12, respectively.

§ 151-12 Fees.

[Amended 1-26-2017 by Ord. No. 2017-02; 11-10-2022 by Ord. No. 2022-10]

A. A fee of $300 shall be paid by the applicant to the Township of Little Egg Harbor to cover the administrative costs for processing and reviewing the permit and inspecting the work.

B. A fee of $125 shall be paid by the applicant to the Township of Little Egg Harbor for the materials inspection required in § 151-5D. This fee shall cover zoning ($75) and the initial materials inspection and one reinspection ($50). If any particular project requires materials inspections beyond the initial and one reinspection, each additional reinspection shall be subject to a fee of $25 to be paid to the Township.