[HISTORY: Adopted by the Mayor and Council of the Borough
of Mount Arlington 12-31-04 as Ord. No. 17-04. Amended in its entirety 3-29-2005 by Ord. No. 07-05. Subsequent amendments noted
where applicable.]
It shall be unlawful to construct, enlarge, repair, renovate,
alter, reconstruct or demolish a dock, pier, bulkhead or similar structure
without first filing an application with the Dock Inspector or the
appropriate Borough Official, in writing and obtaining the required
permit therefor. The application for a permit shall be submitted on
a form provided by the Dock Inspector of the borough and shall include
proof of all prior approvals issued by the various state and county
agencies having jurisdiction. Such application shall also include
a zoning permit issued by the Zoning Officer of the borough and two
copies of the construction plans for the proposed work.
A retaining structure designed for shore protection.
The high-water mark of 10.30 above the dam as recorded at
the Lake Hopatcong State Park or the line established by the Bureau
of Navigation, State Department of Environmental Protection, defining
the lake's permanent shoreline.
Any structure extending transversely from the main walk.
Any structure extending lakeward of the bulkhead line for
the purpose of mooring boats or for gaining access to moored boats.
A public, semipublic or private facility capable of berthing
of mooring five or more boats.
A structure built to extend from land into the water for
mooring boats or to which a deck or dock or other structure may be
affixed.
A line running parallel with the bulkhead line and extending
no more than 50 feet from said bulkhead line as approved by the National
Resources Council and Bureau of Navigation, State Environmental Protection,
beyond which no dock, pier or marina or other structure, permanent
or temporary, floating or affixed to shore or lake bottom may be located.
This chapter shall be the primary guide to accepted engineering
practice in respect to any material, system or method of construction
specified therein.
When this chapter, or a national standard and appendices it
adopts by reference are silent, a manufacturer's recommendation
for the installation of any material or assembly may be considered
to be acceptable engineering practice, provided, however, that a manufacturer's
recommendation shall not be read to overrule this chapter or any national
standard or appendix which it adopts by reference.
The Borough of Mount Arlington hereby adopts Chapters 16, 18
and 23 of the International Building Code, 2000 edition, known as
the IBC/2000 as the design standards for all docks, piers, bulkheads
and similar structures constructed, repaired or maintained in the
borough.
Design documents for all new construction, renovation or reconstruction
of a dock, pier, bulkhead or similar structure shall be prepared by
an architect or engineer licensed in the State of New Jersey and shall
bear his or her signature and seal in accordance with state statutes.
Exception: The owner of a single-family dwelling may prepare his or
her plans for the construction, renovation or reconstruction of a
structure used or intended to be used exclusively at the residence
he or she occupies.
It shall be the duty of the Borough Dock Inspector to administer
and enforce the provisions of this chapter.
The Dock Inspector or his designated deputies shall have the
right and authority, at any reasonable hour, to enter any premises,
lot or land, whether already erected or put into use or in the course
of erection and putting into use, for the purpose of determining whether
or not the provisions of this chapter are being complied with.
The fee for a permit to construct, enlarge, repair, renovate,
alter, reconstruct or demolish a dock pier, bulkhead or similar structure
shall be $20 per each $1,000 of estimated cost of the work. The cost
of the work shall be based on prevailing costs of material and labor
as furnished by the contractor of record and approved by the Dock
Inspector. The minimum fee shall be $40. There shall be no separate
fee for the certification of the work, issued by the Dock Inspector
upon successful completion.
For any and every violation of a provision of this chapter and
upon failure to comply with a written notice or order to remove such
violation within five days after service of such notice or order,
the owner, agent or contractor, leasee or tenant of any part of a
structure, premises, lot or land involved in such violation shall
be subject to a fine not exceeding $500 per violation. Each and every
day the violation continues after the owner, agent, or contractor
has been notified shall be deemed a separate and distinct violation.
Any person who is aggrieved by any ruling, action, notice, order
or decision of the Dock Inspector of the Borough of Mount Arlington
may file an application for a review by the Borough Engineer. The
request for such review shall be filed by the tenth day after receipt
of the ruling, notice, order or decision complained of. The request
shall be submitted in writing and shall briefly set forth the appellant's
position. It shall reference specific provisions of a statute, regulation,
code or practice the applicant relies upon. A nonrefundable fee of
$250 shall be submitted with each application for a review.
The Borough Engineer, upon reviewing such application, shall
render a decision in writing. He may affirm, modify or vacate the
ruling, action, notice, order or decision of the Dock Inspector. Failure
by the Borough Engineer to review the application and render a decision
within 15 working days of receipt shall be deemed a denial of the
appeal. Any party, including the Dock Inspector, may appeal the decision
of the Borough Engineer to the Law Division of Superior Court within
the time allowed by the rules of the court.
[Added 11-9-2010 by Ord.
No. 08-10]
A.
Purpose. It is the intent of this section to regulate the installation
and use of ice-retardant systems on all waterfront properties within
the Borough of Mount Arlington for the protection of persons and property
and to provide for the public health, safety and welfare of the Borough
of Mount Arlington and its inhabitants.
B.
AFFECTED AREA OF ICE
BULKHEAD LINE
ICE-RETARDANT SYSTEM
NORMAL OPERATING CONDITIONS
OWNER or OPERATOR
PERSON
PIERHEAD LINE
PROTECTED STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The area of the water body or ice surface disturbed by the
operation of an ice-retardant system. Said disturbed or affected area
includes open water, weakened ice (excessively cracked), thin ice
(less than four inches in depth) and area where adjacent ice is covered
by a film of water.
The high-water mark of 10.30 feet above the dam as recorded
at Lake Hopatcong State Park or the line established by the Bureau
of Navigation, State Department of Environmental Protection, defining
the lake's permanent shoreline.
A mechanical device(s) or a series of mechanical devices
designed to retard or prevent the formation of ice in or around lakefront
structures. Said devices utilize as their mode of operation one or
more of the following mechanisms: pumped air, artificial water turbulence
or the addition of heat to the water body.
The average winter conditions to be utilized in the design
or operation of an ice-retardant system and to be utilized in gauging
compliance with the terms of this section. Said "normal operating
conditions" is defined as an average of four or more inches of ice
on the applicable water body. Such term excludes any time period characterized
by unseasonably warm temperature (average daily temperature above
40 degrees Fahrenheit for three or more consecutive days) or rainfall
(greater than 1/2 inch of rainfall per day) and the three days immediately
thereafter. In any enforcement action under the terms of this section,
the burden is on the operator of the ice-retardant system to establish
that normal operating conditions were not existent on the date of
the alleged violation.
The owner of record of a tract of land according to the tax
rolls of the Borough of Mount Arlington or any person occupying said
premises or utilizing the property.
Any individual, association of individuals, corporation or
partnership.
A line running parallel to the bulkhead line and extending
not more than 50 feet from said bulkhead line, as approved by the
Natural Resources Council and Bureau of Navigation, State Department
of Environmental Protection, beyond which no dock, pier or marina
or other structure, permanent or temporary, floating or affixed to
shore or lake bottom, may be located.
Any lakefront or within-lake structure which the ice-retardant
system is designed to protect. Such protected structures include but
are not limited to docks, piers, bulkheads, catwalks, seawalls and
boathouses.
C.
Authorized use; compliance required.
(1)
Utilization of ice-retardant systems is hereby authorized within
the municipal limits of the Borough of Mount Arlington from December
1 of each year through April 1 of the following year.
(2)
No person shall operate an ice-retardant system within the municipal
limits of the Borough of Mount Arlington unless said operation is
in conformance with this section.
D.
Operational requirements.
(1)
All ice-retardant systems shall be marked with an appropriate sign
placed along the shore or on the protected structure specifying "Danger,
Thin Ice." Such sign shall be a minimum of two feet by three (2 x
3) feet in size and shall feature letters of a minimum height of three
inches and colors in such a way as to be clearly visible on the ice
from a distance of 100 feet.
(2)
Under normal operation conditions, the affected area of ice created
by the ice-retardant system shall not extend outward more than 25
feet from the shoreline, or to the outer edge of the protected structure,
whichever is less.
(3)
Under normal operation conditions, the affected area of ice created
by the ice-retardant system shall not extend horizontally more than
25 feet or to the owner's property line, whichever is less, measured
along the shoreline, from the protected structure.
(4)
Unless the ice-retardant system has been designed and approved in
accordance with Subsection F. of this section, no system shall be
designed or operated in such a way as to prevent ingress or egress
to any portion of the water body or to foreclose the formation of
ice across a channel.
E.
Waiver of requirements. The Mayor and Council may, by resolution,
waive the requirements of this section in situations of hardship or
exceptional public necessity. "Exceptional public necessity" shall
include but not limited to a necessity to maintain an open channel
of water for ferry service or access to island lakefront homes. In
considering such an application, the Mayor and Council may refer the
application to the Lake Hopatcong Commission for comment. In adopting
the resolution, the Mayor and Council shall specify requirements as
to markings and lighting. Such requirements can include but are not
limited to requiring buoys to be placed in the frozen water body to
clearly mark the approach, requiring nighttime illumination or flashing
light to indicate that open water is present, limiting the size of
the affected ice area to the minimal necessary for the use and/or
publishing public notice of the condition to specify minimal levels
of insurance requirements.
F.
Enforcement; violations and penalties.
(1)
The Construction Official is hereby designated as the enforcement
officer under the terms of this chapter. All complaints received by
any municipal agency concerning the operation of ice-retardant systems
shall be referred to the Construction Official. Upon receipt of a
complaint, the Construction Official shall investigate within five
days and, if the complaint is found justified, notify the owner and
operator of the terms of this section and require compliance within
an additional five days. The Construction Official may reduce the
time period for compliance when the interest of public safety so requires.
If the owner or operator of the system fails to undertake the corrections
within the specified time frame, the Construction Official may cause
a summons to be issued in the Joint Municipal Court of Dover to enforce
the requirements of this section.
(2)
A violation of the terms of this section, including the operational
requirements, shall be punishable by a fine not to exceed $100 for
the first offense, $200 for the second offense and $400 for the third
and subsequent offenses. Each day that a violation of this section
continues may be deemed to be a separate offense.
G.
Liability. Compliance and/or noncompliance with the requirements
of this section shall not preclude any civil action for damages arising
from injuries incurred through the operation of an ice-retardant system.
H.
Construal of provisions. Nothing in this section shall be construed
as repealing any provision of any other municipal ordinance. In the
event that any regulation provided above shall vary from the same
or a similar regulation of any other municipal ordinance, the more
restrictive provision of such ordinance shall be deemed to control.
