[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; amended 3-11-2021 by Ord. No. 21-04]
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 or nearby
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; amended 3-11-2021 by Ord. No. 21-04]
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, adjoining properties or other
nearby 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.
