[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Public boat docks and bulkheads — See Ch. 198.
Uniform construction codes — See Ch. 252.
Land use and development regulations — See Ch. 348.
[1]
Editor's Note: This ordinance repealed former Ch. 201, Boat
Facility and Bulkhead Construction, adopted 11-27-1973 by Ord. No.
1378 as Ch. 55 of the 1973 Code.
A.
Either the Building Inspector or Building Superintendent may issue
said permit for and on behalf of the Township when proper application
has been made therefor, proper plan thereof submitted with application
and correct fee paid for building or construction permit.
B.
No person, firm or corporation shall:
(1)
Dig, pump out or construct a boat basin, boat docking facility, stream,
lagoon, channel, marina or other area, where natural earth is moved
and water substituted therefor, in whole or in part, unless and until
a building permit is obtained for such digging, pumping or construction
and for the proper bulkheading thereof, from this municipality, through
its Building Inspector or Building Superintendent, and which building
permit shall include the construction of bulkheading as hereinafter
provided.
(2)
Use any boat basin, boat docking facility, stream, lagoon, channel,
marina or other area referred to in either of the two preceding subsections,
unless and until the said building permit therefor has been issued
and has been therefor paid, and the construction of the boat basin,
boat docking facility, stream, lagoon, channel, marina or other area
covered by the building permit has been completely constructed, including
the bulkheading thereof, and the said construction and bulkheading
inspected and approved by the municipality through its Building Superintendent
or Building Inspector. The Department of Public Works and Township
Engineer shall inspect the outfall pipe and bulkhead penetration.
In lieu of this inspection, the property owner may submit certification
of proper installation by a licensed engineer.
(3)
Acquire, take over or operate any boat basin, boat docking facility,
stream, lagoon, channel, marina or other similar area previously dredged
by or for any federal, state, county or local government, or any agency
of any of them, before such project and area is properly bulkheaded
as provided for in this chapter, if same has been turned over to any
person, firm or corporation for his or its own profits or benefits.
(4)
Proceed to do any of the acts mentioned in the four preceding subsections
until the applicant has made a written application to the municipality,
through its Building Inspector or Building Superintendent, for a permit
to construct and bulkhead such of the said items as the applicant
may desire to construct, and shall have paid the proper fees for constructing
said bulkheads, and which fees are the same as similar required municipal
fees for constructing bulkheads elsewhere in Toms River Township,
to wit:
(5)
Pump, truck or otherwise transport any of the sand, soil, mud or
other earth dug in or from Toms River Township in connection with
any of the projects covered by this chapter to any other municipality
or place outside Toms River Township.
(6)
Construct or use such a boat basin, boat docking facility, stream,
lagoon, channel, marina or other area in any zone where same is not
permitted by the Zoning[1] or other ordinance or ordinances of the municipality.
(7)
Fail,
neglect or refuse to get a use permit from Board of Adjustment or
Planning Board for construction or operation, or both, where necessary
under the Zoning or other ordinance or ordinances of municipality.
(8)
Have
the soil and water or either pumped out or removed from the basin,
facility, stream, channel, marina or other area in such a manner that
the surface of the area where the residue of said pumping or removal
placed shall not properly drain and so that such pumping or removal
shall cause or permit water to stand or pond thereon to be the cause
of blocking the other drainage of lands in the immediate vicinity
of such pumping, removal or placing of residue.
The standards for construction of bulkheads as referred to herein
are:
A.
The bulkheads shall be designed either for shallow water bulkhead
or deep water bulkhead, as the case in point may necessitate. See
and follow design for either of said types of bulkheading required
in particular instance and location, as shown in designs attached
to "Standard Official Specifications, Toms River Township, Ocean County,
New Jersey" dated February 9, 1960, revised May 25, 1961, and further
revised August 8, 1961, by John A. Ernst, Jr., Township Engineer.
Copies of said Standard Official Specifications and designs for both
said types of bulkheads are filed in the offices of and may be seen
and examined at each of the following municipal officials' offices:
Township Engineer, Township Clerk and Township Building Superintendent
during regular business hours of said offices. The particular circumstances,
conditions and nature of the project in question, when taken into
consideration with the designs for the shallow water bulkheads and
deep water bulkheads aforesaid, shall and will govern which type of
bulkhead should and must be used in a given circumstance. If any question
arises as to type of bulkhead to be constructed in a given area, the
Township shall make the final determination through its Township Engineer
and Building Department; and upon written application, the municipality
will furnish any applicant with a written determination, upon the
applicant filing a proper application for a building permit and paying
the proper fee as provided in this chapter.
B.
All timber used, except as noted below, shall be new and unused Douglas
fir, southern yellow pine or cypress.
C.
Piles, walls and sheet piling shall be pressure-treated with creosote
oil by the full-cell process, and shall retain not less than 16 pounds
of oil per cubic foot of timber.
D.
Sheet piling shall be tongue-and-groove.
E.
All piles and timber shall be to the plan dimensions shown on the
designs for said items in said Standard Official Specification and
designs for bulkhead construction attached thereto.
F.
Anchor piles and anchor logs may be untreated local oak or pine timbers.
G.
All hardware used in the construction of bulkheads shall be new,
unused and galvanized. All such hardware shall be to the dimensions
shown in the respective designs attached to said Standard Official
Specifications and made part thereof.
H.
All timber bulkheads shall be erected true to lines and grades shown
in application for building permit, and in said permit, and shall
be properly backfilled so they will remain firm and in place.
I.
All timber bulkheads shall be constructed in a thoroughly good workmanlike
manner.
The maximum penalty to be imposed for a violation of any of
the provisions of this chapter is a fine not exceeding $400 or imprisonment
in the Ocean County Jail for a term not exceeding 30 days, or both,
at the discretion of the judge before whom such conviction is had.
Each separate day a violation shall continue shall be considered
a separate and distinct violation and may be prosecuted and punished
accordingly.
No conviction under this chapter shall be construed as a satisfaction
of the terms and provisions hereof so as to prevent subsequent and
further prosecutions and convictions for subsequent violations hereunder.
Any person, firm or corporation desiring to dig, pump out or
construct a boat basin, boat docking facility, lagoon, stream, channel,
marina or other area may, if said person, firm or corporation shall
so desire, elect to make application for building permit and follow
procedures under Ordinance No. 623 and Ordinance No. 467,[1] adopted November 13, 1956, and subsequent ordinances amending
and supplementing said ordinances, and which ordinances were for the
purposes, among other things, of regulating and fixing requirements
and standards for the proper subdivision of land under and pursuant
to authority of N.J.S.A. 40:55-1.1, etc.,[2] and other applicable statutes, instead of making application
for building permit and following procedures outlined in this chapter.
The purposes of making the provisions set forth in § 201-6 are that:
A.
Any person, firm or corporation desiring to construct any item referred to in § 201-1 hereof, in any subdivision of land in this municipality, would be required to comply with Ordinance Nos. 623 and 467,[1] and amendments and supplements thereto, as well as Ordinance
No. 485,[2] adopted December 26, 1957, which fixes charges or fees
for bulkhead construction in subdivisions of lands.
B.
It may be claimed that if some owner or possessor of certain land desired to dig, pump out or construct a boat basin, boat docking facility, stream, lagoon, channel, marina or other area as referred to in § 201-1 hereof, and did not desire to subdivide said land, such owner or possessor and said land would not come under the provisions of any of said ordinances, standards or regulations.
C.
It is to cure the possible contingency referred to in the preceding
subsection that this chapter is prepared and passed and to assure
that each and every person, firm and corporation engaged in the same
or similar construction or operation in this municipality shall be
subject to substantially the same rules, regulations, standards and
requirements.
Each section and provision of this chapter shall be considered
as a separate and distinct unit. Nothing in this chapter shall be
construed to apply to dredging done by or for:
A.
The United States Government or any of its agencies or departments;
B.
The State of New Jersey or any of its departments;
C.
The County of Ocean or any of its departments;
D.
The Township of Toms River or any of its departments; when such federal,
state, county or municipal dredging is done as a public project and
for public benefit, as contrasted to dredging done by a private person,
firm or corporation for his or its own business and profit.
Nothing in this chapter shall be construed as an amendment or
repealer of any other ordinance or part thereof.
