Ocean City, NJ
Cape May County
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[Ord. #98-22; Ord. #14-09]
The City of Ocean City desires to create uniform regulations for the construction, reconstruction, repair or renovation of existing or new bulkheads within the City of Ocean City along any waterway or beach of Ocean City.
[Ord. #98-22; Ord. #14-09]
A permit shall be required before beginning the construction, reconstruction, repair or renovation of any bulkhead on any waterway or beach within the City of Ocean City. Applications for a bulkhead permit shall be submitted to the Bulkhead Inspector who shall be appointed by the Mayor. The fee for said permit shall be in accordance with Chapter 30 of these Revised General Ordinances.
[Ord. #98-22; Ord. #14-09]
All applications shall be on the form provided by the City and accompanied by plans showing the size, shape, configuration and location of such bulkheads, the specifications of material to be used in construction, reconstruction, renovation or repair, the manner in which materials shall be incorporated into the bulkhead and the fee for review. Bulkhead plans and specifications must be designed by an engineer licensed to practice in the State of New Jersey and signed and sealed by such engineer. The plan must contain the label "issued for construction pending a permit approval."
[Ord. #98-22; Ord. #14-09]
The Bulkhead Inspector shall review the plans and grant or deny the application within twenty (20) business days upon receipt of a completed application. The review by the Bulkhead Inspector shall be in conformity with this Chapter, consistent with the minimum specifications and performance standards contained herein. For bulkhead repairs valued at less than one thousand ($1,000.00) dollars, the requirements for meeting minimum specifications and performance standards, including the requirements for engineered plans, shall be waived by the Bulkhead Inspector. Following the effective date of this Chapter, singular or multiple repair projects affecting cumulatively less than twenty-five (25%) percent of the linear feet of a bulkhead sheeting on a single lot may be exempt from the standards as described in Section 22-8. The decision of the Bulkhead Inspector shall be binding and final unless the property owner appeals that decision to the Bulkhead Board of Appeals.
[Ord. #98-22; Ord. #14-09]
The Bulkhead Inspector shall receive notice of commencement of construction at least two (2) business days in advance of said construction.
[Ord. #98-22; Ord. #14-09]
Notice of project completion shall be given to the Bulkhead Inspector within seven (7) days of substantial completion of the project. The Bulkhead Inspector shall make a final inspection and receive a certification from a licensed engineer or land surveyor of the elevations of completed bulkhead height and adjacent water body soundings.
[Ord. #98-22; Ord. #14-09]
Application for bulkhead work must be made to appropriate agencies of the State or Federal government including but not limited to the New Jersey Department of Environmental Protection and the United States Army Corps of Engineers. No permit for work shall be issued until a valid permit is received from appropriate State or Federal agencies having jurisdiction over the work.
[Ord. #98-22; Ord. #14-09]
The minimum specifications for construction, reconstruction, repair or renovation of bulkheads are as follows:
a. 
Bulkhead design shall provide for expected toe scour or proposed dredge depth and shall be shown on plans.
b. 
Non-Oceanfront Bulkheads.
1. 
The minimum elevation of the top of the bulkhead shall be 7.0' NAVD, 1988 datum.
2. 
Additional outfall piping requires written approval from the City Engineer. If drainage conditions require piping, all new infrastructure must have an approved tide-control device.
3. 
Existing privately-owned outfall piping will be extended and fitted with an approved tide-control device.
4. 
Existing city-owned storm drains that penetrate private bulkheads shall be extended and maintained by the private property owner.
5. 
Bulkhead construction shall not adversely affect the depth of the adjacent water body.
c. 
Oceanfront Bulkheads.
1. 
The minimum elevation of the top of the bulkhead shall be 11.0' NAVD, 1988 datum.
2. 
The alignment shall be in accordance with a line designated as the "Official Oceanfront Bulkhead Line of Ocean City, N.J." shown on a drawing bearing this title and last revised October 12, 1971, including subsequent amendments or landward thereof.
3. 
If the proposed construction methods shall require access and/or disturbance of City property, a detailed plan outlining the proposed limits of disturbance and proposed restoration shall be provided for approval by the City Engineer. City property shall be restored to a condition equal to preconstruction conditions.
[Ord. #98-22; Ord. #14-09]
All bulkheads construction, reconstruction, repair or renovation must meet the following performance standards in addition to the minimum standards set forth above. Applicants utilizing innovative methods of construction must be prepared to show how such methods will meet the performance standards.
a. 
Bulkheads also function as flood protection. All bulkheads shall be designed to function as such.
b. 
All bulkhead reconstruction shall utilize generally accepted engineering principles and practices.
c. 
Materials selection must include evaluation of environmental impacts that are caused by the materials.
d. 
Bulkhead construction shall not adversely affect adjacent properties.
[Ord. #98-22; Ord. #14-09]
It is the responsibility of the applicant to protect all existing utilities. The applicant is responsible for obtaining current "utility mark-out" for appropriate State or Local Agencies prior to commencement of construction.
[Ord. #98-22; Ord. #14-09]
All private bulkheads within the City of Ocean City shall be maintained so they shall not pose a danger to the health, safety or welfare of the citizens of the City of Ocean City or to property within the City of Ocean City. The bulkheads shall be kept in a state of repair to prevent erosion or damage to abutting, adjacent or adjoining properties. Whenever a bulkhead has deteriorated to such a degree that it poses a danger to the property, or adjoining properties, the Bulkhead Inspector shall notify the property owner, in writing, of the nature of the deterioration and require the owner to make the necessary repairs. The property owner shall submit a plan of corrective action to the Bulkhead Inspector no later than thirty (30) days from receipt of the notice. Upon approval of the corrective action by the Bulkhead Inspector, the property owner shall complete all necessary repairs forthwith. If permits are required from the State of New Jersey or the Federal government, such permits shall be immediately applied for. In the event the property owner fails to submit a corrective action plan or fails to implement that plan, he shall be liable for the penalties and violations contained herein.
[Ord. #98-22; Ord. #14-09; Ord. #2015-19 § 3]
A Bulkhead Board of Appeals Committee shall be created and shall review appeals from the Bulkhead Inspector. The Board shall consist of the City Engineer and a resident of the City of Ocean City appointed by the Mayor. Appeals shall be in writing on forms provided by the City. The Board shall meet within twenty (20) business days of receipt of the appeal and shall issue its opinion within five (5) business days following a hearing on the appeal. The applicant shall be permitted to attend the appeal and produce evidence he thinks appropriate in support of the application. The appeal to the Board of Appeals shall be de novo. The Board of Appeals shall render its opinion based upon the conditions set forth in this Chapter including the minimum specifications and performance standards set forth below. The Board shall also consider, where appropriate, exceptional circumstances, hardship or other good cause of the applicant.
[Ord. #98-22; Ord. #14-09]
Anyone violating any of the provisions of this Chapter shall be subject to a fine not to exceed the sum of one thousand ($1,000.00) dollars and/or imprisonment not to exceed ninety (90) days for each violation. Each day of a continuing violation shall be a separate offense and shall be punishable as a separate offense.