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Editor's Note: See also the Mount Arlington Borough Code Chapter 70, Docks, Piers and Bulkheads.
The purpose of these provisions is to provide for the reasonable control over the development of piers, boathouses, and marines so that the interest of individual waterfront property owners are balanced with the interests of the State, the community and the general public and to insure reasonable safe and unobstructed movement of water traffic as well as the most appropriate utilization of water resources and to secure safety and promote health, morals, and the general welfare of the Borough.
a. 
Requirements for Piers, Boathouses and Marinas.
(1) 
No dock, pier, boathouse, or marina shall be constructed, enlarged or extended unless and until the owner secures from the Construction Official a building permit as provided under the Construction Code. Normal maintenance and repair shall not require a permit.
(2) 
Prior to the issuance of a permit for a marina, the Planning Board shall review and approve a site plan showing, among other things, water and land traffic circulation, parking, moorings, landscaping, signs, and such other data as required in Article VI to permit a competent and thorough review.
(3) 
Permit applications shall be referred to the Marine Police for any comments and suggestions as part of site plan review.
(4) 
No pier, dock, or marina shall extend into any waterway beyond the pierhead line or more than 15% of the width of the waterway measured on a line perpendicular to the closest opposite shore, whichever is less. In no event shall any pier, dock, or marina extend into any dredged channel or waterway.
(5) 
For the purpose of determining the exterior limits of piers, docks, and mainwalks, any structure (including pilings driven independently of another structure) used for the mooring of boats shall be considered to be a part of the pier itself.
(6) 
The top of any pier, dock, or catwalk shall not be less than 14 inches from the highwater elevation.
(7) 
It shall be the responsibility of the owner of a pier, boathouse, or marina to maintain said facility in good condition, free of litter or refuse. If said facility is in danger of becoming a hazard to residents, visitors, swimmers or boats, or could adversely affect navigation by reason of structural members extending or floating into waterways, then the Construction Official shall notify and require the owner to undertake repairs.
(8) 
Nothing in this section shall be construed to waive the jurisdiction or remedies of the Planning Board, where applicable; and additionally, any pier, dock, boathouse or marina proposed to be extended beyond the pierhead line or beyond 15% of the width of the waterway shall also be approved by the State Department of Environmental Protection.
a. 
No piers or docks shall be constructed, enlarged, or extended and no building permit shall be issued therefor except in compliance with the following requirements:
(1) 
Private piers and docks shall be permitted in all zones where lots have water frontage.
(2) 
No dock or pier shall be located within 10 feet of a side property line.
(3) 
The length of a pier shall not exceed the width of the lot at the mean waterline but in no event shall a pier extend beyond the pierhead line.
(4) 
No combination of docks and boathouses shall occupy more than 15% of the water lot area within the pierhead line.
(5) 
No dock, mainwalk, or pier shall have a width of less than four feet, exclusive of pilings or other structural members.
(6) 
There shall be not more than one doc, pier, or mainwalk for each lot or for each 100 feet of frontage.
(7) 
The distance between piers shall be a minimum of 21 feet.
(8) 
No dock, pier, or mainwalk shall provide permanent mooring facilities for more than four boats.
(9) 
In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses.
a. 
No boathouse shall be constructed, enlarged, or extended and no construction permit shall be issued therefor except in compliance with the following requirements:
(1) 
Boathouses shall be permitted in all zones where lots have water frontage.
(2) 
No boathouse shall be located within 14 feet of a side property line.
(3) 
No boathouse shall be closer than 28 feet from a neighboring pier or boathouse.
(4) 
Any combination of piers, docks, mainwalks, and boathouses shall not occupy more than 15% of the water lot area within the pierhead line. In no case shall a boathouse slope exceed 10% of the water lot area within the pierhead line.
(5) 
There shall not be more than one boathouse for each lot.
(6) 
Boathouses shall be located over the water and shall abut the lake shoreline.
(7) 
Ingress and egress for boats shall be perpendicular to the shoreline.
(8) 
There shall be no living or sleeping accommodations for cooking or toilet facilities provided in any boathouse.
a. 
No marina shall be constructed, enlarged or extended and no construction permit shall be issued therefor except in compliance with the following requirements.
(1) 
Marinas shall be permitted only in those zones wherein said use is a permitted use.
(2) 
No docks, pier, or mainwalk (as part of a marina) shall be located within 16 feet of a side property line, nor shall a pier within a marina be located closer than 30 feet from a private pier.
(3) 
No marina shall occupy more than 25% of the water lot area within the pierhead line.
(4) 
No mainwalks shall be less than eight feet in width and no catwalks shall be less than two feet in width.
(5) 
More than one mainwalk or pier is permitted providing:
(a) 
The channel to open water shall not be less than four times the width of the widest boat moored in the marina.
(b) 
The clearance in berthing and maneuvering areas within the marina shall not be less than twice the length of the longest boat moored in the marina.
(6) 
In cases where piers are covered, the maximum height shall not exceed 16 feet above the high water mark.
a. 
Additional Requirements for Waterfront Development.
(1) 
The maximum width of private docks shall be no more than five feet except upon authorization of the Planning Board under site plan approval where it can be demonstrated that additional width is required to assure structural stability. In any event, the overall width shall not exceed 10 feet.
(2) 
The maximum width of catwalks shall be no more than four feet.
(3) 
No solid structures shall be permitted which lowers or adversely affects the capacity of the lake or water flow except by permission of the Department of Environmental Protection.
(4) 
Crib structures may be allowed providing their length does not exceed the width of the dock or pier.
(5) 
Crib structures shall not exceed one-half of the span between adjacent piling bents.
(6) 
Design of any structure must provide for free flow of water.