[HISTORY: Adopted by the Township Committee of the Township
of Middle 12-17-2012 by Ord. No. 1431-12. Amendments noted where applicable.]
It is the purpose and intent of this chapter to establish uniform
regulations for the construction, reconstruction, renovation or repair
of existing or new bulkheads within the Township of Middle.
[Amended 3-1-2021 by Ord. No. 1616-21]
A.
Permit required. No person or legal entity shall construct, reconstruct,
renovate or repair any bulkhead within the Township of Middle without
first obtaining and having in possession a valid permit to do such
work that has been issued by the office of the Township Zoning Officer
upon approval of the Township Engineer.
B.
Permit application.
(1)
Applications for bulkhead permits shall be made on an application
form obtained from the Township Zoning Officer. Completed applications
shall be returned to the Township Zoning Officer with the required
fee along with the following items in quadruplicate:
(a)
Plans and specifications of the bulkhead that have been prepared,
signed and sealed by a New Jersey licensed professional engineer.
(b)
A property survey.
(c)
Authorization for the New Jersey Department of Environmental
Protection and any other state or federal agency having jurisdiction
over the property affected by the proposed work.
(d)
Proof of notice of application to adjoining property owners.
(2)
The Township Engineer may relax or waive any or all of the requirements
that are set forth above within the application for a permit pertains
to reconstruction, renovation or repair work for which the cost of
completion is less than $5,000; however, in relaxing or waiving any
such requirements, the Township Engineer shall have the authority
to require the submission of such plans, drawings and contract documents
as the Engineer, in his sole and absolute discretion, determines will
accurately depict the reconstruction, renovations or repair work to
be performed.
C.
Notice of application.
(1)
Notice of application for a bulkhead permit, the form of which is
to be obtained from the Township Zoning Officer, shall be given by
the applicant to the owners of all real property, as shown on the
current tax duplicate, within 100 feet and whose property is adjacent
to the same or similar tidal waters as is the applicant's property;
provided that this requirement shall be deemed satisfied by notice
to the condominium association, in the case of any unit owner whose
unit has a unit above or below it; or horizontal property regime,
in the case of any co-owner whose apartment has an apartment above
or below it. Notice shall be given by mailing a copy thereof by regular,
first-class mail and by certified mail to the property owner at his
address as shown on the said current tax duplicate. Notice to a partnership
owner may be made by service upon any partner. Notice to a corporate
owner may be made by service upon its president, a vice president,
secretary or other person authorized by appointment or by law to accept
service on behalf of the corporation. Notice to a condominium association,
horizontal property regime, community trust or homeowners' association
because of its ownership of common elements or areas located with
100 feet of the property which is the subject of the bulkhead application
may be made in the same manner as to a corporation without further
notice to unit owners, co-owners or homeowners on account of such
common elements or areas.
(2)
Upon written request of an applicant, the Tax Assessor, within seven
days, shall make and certify a list from said current tax duplicate
of names and addresses of owners to whom the applicant is required
to give notice pursuant to this section. A sum not to exceed $.25
per name or $10, whichever is greater, may be charged for preparation
of such list. The Tax Assessor shall also verify the certified mailing
costs.
D.
Permit issuance. Upon receipt by the Township Zoning Officer of application
for a bulkhead permit, the Zoning Officer immediately shall transmit
copies of the application and all accompanying documents to the Township
Engineer for review. No permit shall be issued by the Township Zoning
Officer unless the permit is approved for issuance by the Township
Engineer. In the event that, upon review of the permit application,
deficiencies are noted by the Township Engineer the Township Zoning
Officer shall be informed of the nature of the deficiencies and the
Township Zoning Officer shall provide written notice, by regular first-class
mail, of the deficiencies to the applicant at the address set forth
on the application and the applicant then shall be afforded the opportunity
to correct any application deficiencies.
E.
Permit fee. The permit fee shall be calculated in the following manner:
F.
Inspection fee escrow. The inspection fee shall be $2,000. However,
said inspection fee escrow shall not be charged if the bulkhead project
is part of a Zoning or Planning Board approval for which an escrow
is already required.
G.
Appeal of permit denial. Any applicant aggrieved by the denial of
a bulkhead permit may appeal the permit denial to Township Committee
by submitting to the Township Clerk written correspondence appealing
the permit denial. Such written appeal correspondence briefly shall
describe the reason for the appeal. Such written appeal correspondence
shall be submitted to the Township Clerk within 20 days of the permit
denial. Upon receipt of the appeal correspondence, the Township Clerk
shall transmit to Township Committee copies of the permit application,
all attachments thereto and any copies of any documents that have
been generated by the Township Engineer in connection with review
of the permit application. Thereafter, the Township Clerk shall schedule
a date for the hearing of the appeal, and notice of the hearing dated
shall be provided to the permit applicant. In all instances the Township
Clerk shall endeavor to schedule the appeal hearing date not later
than 30 days after receipt of the appeal correspondence. The hearing
of the appeal shall be conducted by the Township Committee at a public
meeting. The applicant shall be permitted to produce evidence to the
Township Committee in support of the permit application. The Township
Committee may consider evidence presented to it by the Township Engineer
or any other individual that Township Council deems to have relevant
information. The decision of the Township Committee to approve or
deny the permit application shall be through adoption of a formal
resolution.
The permittee shall provide to the Township Engineer and to
the Township Zoning Officer notice of commencement of construction
not less than two business days in advance of said commencement of
construction. Not less than 14 days in advance of commencement of
construction, the permittee shall provide notice of commencement of
construction, on a form to be obtained from the Township Clerk, to
all property owners to whom the permittee would be required to provide
notice of bulkhead permit application if the permittee were, at the
time, making application for a bulkhead permit. Such notice shall
be given in the same manner as is required for notices of permit application.
A.
Prior to the backfilling of any bulkhead construction, reconstruction,
renovation or repair, the Township Engineer shall perform an inspection
to ascertain that the bulkhead has been built pursuant to the plans
that were submitted with the permit application.
B.
Written notice of project completion shall be given to the Township
Engineer and to the Township Zoning Official within seven business
days of substantial completion of the project, but prior to backfilling,
and that written notification shall be accompanied by a certification
from a licensed engineer or land surveyor of the elevations of the
completed bulkhead height.
C.
If the Township Engineer determines that the work that was performed
pursuant to the bulkhead permit and the subject bulkhead fail to comply
with the plans, drawings or documents that were submitted with the
permit application or fail to comply with the provisions of this chapter,
then written notice of final inspection failure shall be transmitted
by the Township Engineer by regular first-class mail to the permittee
at the address set forth on the permit application. The notice of
final inspection failure shall detail the reasons for inspection failure.
Permittees shall correct all deficiencies that resulted in final inspection
failure within 20 days of the date of the written notice of final
inspection failure. If, upon the expiration of those 20 days, the
bulkhead is not approved upon inspection by the Township Engineer,
then the permittee is deemed to be in violation of the duty to maintain
and repair the subject bulkhead as established by this chapter.
All bulkheads constructed, reconstructed renovated or repaired
within the Township of Middle shall conform to the following minimum
specifications:
A.
All new bulkheads shall be designed by a New Jersey licensed professional
engineer.
B.
All piles shall have a butt diameter of not less than 12 inches and
a tip diameter of eight inches.
C.
All piles will be Douglas fir or southern yellow pine and shall be
treated with an acceptable preservative for marine construction according
to the latest American Wood Preservers' Association (A.W.P.A.) specifications.
D.
Sheet piles shall be wood, steel or vinyl. Wales shall be Douglas
fir or southern yellow pine. Wood sheet piles shall be a minimum of
two inches thick. Wood sheet piles shall be constructed in two rows
with staggered joints. All timber materials shall be treated with
an acceptable preservative designed for use in a saltwater environment.
E.
All hardware shall be hot-dipped galvanized steel in accordance with
latest standards for saltwater applications.
F.
All outfall piping shall be fitted with a tide-control device that
is approved by the Township Engineer.
G.
Bulkhead construction, reconstruction, renovation or repair shall
not adversely affect adjoining property.
H.
All existing utilities shall be protected from damage during any
work performed pursuant to a bulkhead permit. The bulkhead permittee
shall be responsible for obtaining current utility markout from all
appropriate state and local agencies prior to commencement of work.
I.
Deviations from construction materials set forth herein are allowed
so long as all specifications and technical data concerning the proposed
construction material are submitted to the Township and are approved
in writing by the Township Engineer. The use of any construction material
that is not specifically set forth above or approved by the Township
Engineer is strictly prohibited.
J.
All design materials herein shall be subject to the dictates of the
NJDEP and USACOF.
The top elevation of any bulkhead to be constructed or reconstructed
shall be set at a minimum elevation of 8.0 msl Datum 1929.
All bulkheads within the Township of Middle shall be maintained
in such a condition that they shall pose no danger to the health,
safety or welfare of the residents of the Township of Middle or to
public or private property within the Township of Middle. Bulkheads
shall be kept in a state of repair so as to prevent erosion or damage
to abutting, adjacent or adjoining properties. Whenever a bulkhead
has deteriorated or suffered damage to such a degree that a danger
to the property or adjoining properties is present, the Township Engineer
or Zoning Official or Code Enforcement Officer shall notify the property
owner, in writing, by regular first-class mail to the address that
is set forth on the Township's tax records, of the nature of the deterioration
or damage and require the owner to make the necessary repairs. The
property owner shall apply for a bulkhead permit no later than 30
days from the date of the notice. The application for a bulkhead permit
shall include a plan of corrective action. Upon issuance of the bulkhead
permit and approval of the plan of corrective action, the property
owner immediately shall complete all necessary repairs. In the event
that the property owner fails to submit a corrective action plan,
fails to obtain a bulkhead permit to implement the corrective action
plan or fails to implement the corrective action plan, the property
owner shall be subject to the penalties set forth herein.
Any person violating any provision of this chapter, upon conviction
thereof, shall be punished by a fine not exceeding $1,250 or by imprisonment
for a term not exceeding 90 days, or both. A separate offense shall
be deemed to be committed on each and every day during or on which
a violation occurs or continues.
