[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.]
As used in this chapter, 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 natural
waterway on the other side.[1]
[Amended 5-9-2019 by Ord. No. 2019-10]
A New Jersey licensed professional engineer appointed by
the Township Committee to review and approve or deny applications
submitted under this chapter.
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.
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was repealed 12-12-2013 by Ord.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.
[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.
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.
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.
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).
(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.
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.
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]
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.
[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):
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.
[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.
[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.