Borough of Tuckerton, NJ Bulkheads

The following provisions shall constitute the method of obtaining a permit and the minimum requirements for the construction and alterations of bulkheads in the Borough of Tuckerton.

§ 118-2 Permit required for construction or alteration.

Before any person, persons or corporation shall erect, construct or alter any bulkhead or bulkheads, or make any addition to an existing bulkhead or bulkheads, the person, persons or corporation intending to erect, construct alter, change or add to said bulkhead or bulkheads shall first apply to and file with the Building Inspector plans, specifications and an estimate of the cost of the proposed work and shall obtain a signed permit from said Inspector.

§ 118-3 Expiration and display of permit.

Any permit which may have been issued by the Building Inspector, but under which no work has commenced within three months after the date of issuance, shall expire by limitation.

The permit which has been issued must be kept at the scene of operation at all times during the progress of the work.

§ 118-4 Permit fees,

[Amended 8-1-1983 by Ord. No. 13-1983; 12-4-1989 by Ord. No. 22-1989]

A fee shall be paid for each and every permit for the construction and erection of a new bulkhead or bulkheads and also for the alteration and addition to any existing bulkhead or bulkheads. The fee charged shall be $0.90 per linear foot of bulkhead to be installed or repaired, with a minimum fee of $45.

§ 118-5 Right of inspection.

The Building Inspector shall have the right of inspection between the hours of 9:00 a.m. and 6:30 p.m., at any time at his or her convenience, for the purpose of ascertaining whether the construction and materials used are in accordance with the provisions of this article, and any owner, contractor or other person who shall refuse to comply with the reasonable and proper orders of the Inspector with relation to any matters committed to him by this article shall be guilty of a violation of the same.

§ 118-6 Minimum construction requirements.

All bulkheads constructed, erected, altered or changed in any manner whatsoever within the Borough limits shall be constructed with the following minimum requirements:

Eight-inch pressure-treated pine or cedar piling, five feet zero inches on center driven to refusal.

Four-by-six-inch whaler top and bottom, pressure treated.

Two-by-eight-inch tongue and groove pressure-treated sheathing, minimum 12 feet long, depending on location.

Back poles (pine) minimum 16 feet long, eight inches in diameter.

Key logs, minimum six inches in diameter (pine).

Tie rods 3/4 by 16 inches galvanized with three-inch O.D.D.D. washers.

Five-eighths galvanized bolts with washers.

§ 118-7 Appeals.

Any person or corporation aggrieved at any ruling made by the Building Inspector may appeal from any such ruling or decision to the Mayor and Borough Council of the Borough of Tuckerton, within 30 days from the date of the decision.

§ 118-8 Violations and penalties. [1]

The owner or owners of any plot of land or parts thereof, upon which any bulkhead or bulkheads in violation of this article may be placed; any architect, builder or carpenter who may be employed or assists in the commission of such violation; and any or all persons, who may violate any of the provisions of this article or fail to comply therewith, or any of the requirements thereof, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any order or regulation thereunder, or who shall build in violation of any detailed statement or any specifications or plans submitted and approved thereunder, shall, upon conviction thereof, severally, for each and every violation of noncompliance, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the Judge, and the permit shall stand revoked until such time as the chapter is complied with. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Article II Bulkhead Maintenance

[Adopted 9-9-1998 by Ord. No. 6-1998]

§ 118-9 Maintenance.

The owners or other persons in interest in any property upon which any bulkhead, dock or pier heretofore has been or hereafter shall be erected along any navigable waters, including any lagoons or tidal waters within this Borough, shall keep and maintain the same in such a state of repair as to maintain the filling in of land around and about the same to the grade above mean high tide as established in that area and to prevent tidal erosion and damage thereto and to adjacent properties.

[Amended 9-7-2021 by Ord. No. 12-2021]

It shall be the duty of the Building Inspector, from time to time, to inspect all such waterfront bulkheads, piers or docks in this Borough and to report to the Council and notify the owners or occupants of said premises of the existence of a dangerous, rotten or defective condition therein; thereafter, it shall be the duty of the owner, possessor or other persons in interest in said property to forthwith replace, remedy or repair or cause to be replaced or repaired such dangerous and defective condition.

Upon the neglect or failure of any such owner, possessor or other person in interest to repair or remedy such damaged, dangerous or defective condition within a reasonable time to be determined by the Building Inspector, or immediately upon the discovery of such dangerous and defective condition, the Building Inspector shall give written notice of the work required to be done to the owner or owners of such lands by mail, if their post office address be known, or if not known, then by posting such notice upon the property affected thereby, or by leaving the same with any occupant thereof or by personal service, if the owner be a resident of and present within this Borough. Such notice shall provide for allowing the owner 60 days time within which to perform the work thereby required. In the event that the owner must obtain a permit or approval from the Department of Environmental Protection, the owner must provide proof within the sixty-day period that such permit or approval is required and that the appropriate permit has been applied for. The owner must further provide documentation to the municipality that any required permits with the Department of Environmental Protection are being diligently pursued. Failure to complete the required repairs within 30 days after receipt of the appropriate permit from the Department of Environmental Protection shall constitute a violation of this article.

§ 118-10 Violations and penalties.

[Added 9-7-2021 by Ord. No. 12-2021]

Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $500 or by imprisonment for a term not to exceed 90 days, or by both such fine and imprisonment, in the discretion of the judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.