With April 1st fast approaching I am writing this letter is to remind you of the requirements listed in the Mount Olive Township Land Use Code §400-99.1 pertaining to the placements of docks, piers and boathouses within the lake.
Please review the following:
§ 400-99.1 Docks, piers and boathouses. [Added 4-28-1998 by Ord. No. 5-98EN;.amended 11-23-2004 by Ord. No. 40-2004]
A. Purpose. The purpose of this section is to regulate the type and placement of structures on the waters of Budd Lake and on the shoreline thereof to ensure public safety and to preserve the natural beauty of the lake and views from surrounding areas.
B. General requirements.
(1) No dock, pier or boathouse shall be constructed, enlarged or extended unless and until the owner secures the requisite permits and approvals as provided herein, In addition to local approval, plan review and permits may be required by the Department of Environmental Protection, Bureau of Inland Regulation prior to the issuance of any permits or approvals. Normal maintenance and repair shall not require reviews and/or permits.
(2) No dock, pier or boathouse shall extend into the lake more than 50 feet from the lake line. In no event shall any dock, pier or boathouse extend into any dredged channel or waterway.
(3) For the purpose of determining the exterior limits of docks, piers and main walks, any structure, including pilings driven independently of another structure, used for the mooring of boats shall be considered to be a part of a pier itself.
(4) The top of any deck, pier or catwalk shall not be less than 14 inches from the high water elevation.
(5) It shall be the responsibility of the owner of a dock, pier or boathouse to maintain said facility in good condition and free of litter and 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 Township Planner or Engineer shall notify the owner to undertake repairs.
(6) Nothing in this section shall be construed to waive the jurisdiction or remedies of the Zoning Board of Adjustment, where applicable.
(7) No dock, pier or boathouse shall have fuel-dispensing facilities, residential accommodations or commercial repair facilities.
(8) All temporary docks/piers and components must be removed by December 1 of each year and cannot be put into the water until April 1 of each year.
C. Development controls for private docks and piers. No docks or piers shall be constructed, enlarged or extended and no permit shall be issued therefor except in compliance with the following requirements:
(1) No dock or pier shall be located within 10 feet of a side lot line.
(2) No combination of docks and boathouses shall occupy more than 15% of the water lot area; 5% for beach/lake line area.
(3) No dock, pier or main walk shall have a width of less than four feet, exclusive of pilings or other structural members.
(4) There shall be not more than one dock, pier or main walk for each lot or for each 100 feet of frontage.
(5) The distance between docks or piers shall be a minimum of 12 feet.
(6) No dock, pier or main walk shall provide permanent mooring facilities for more than four boats.
(7) In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses.
(8) All docks/piers and components removed from the water must be in a secure place on land so as to avoid being blown back in or pushed back in or damaged by ice or other force.
D. Development controls for boathouses. No boathouse shall be constructed, enlarged or extended and no permit shall be issued therefor except in compliance with the following requirements:
(1) No boathouse shall be located within 15 feet of a lot line.
(2) No boathouse shall be closer than 30 feet from a neighboring pier or boathouse.
(3) Any combination of docks, piers, main walks and boathouses shall not occupy more than 15% of the water lot area. In no case shall a boathouse alone exceed 10% of the water lot area.
(4) There shall not be more than one boathouse for each lot.
(5) Ingress and egress for boats shall be perpendicular to the lake line.
(6) There shall be no living or sleeping accommodations or cooking or toilet facilities provided in any boathouse.
E. Development controls for quasi-public docks and/or piers. No quasi-public docks and/or piers shall be constructed, enlarged or extended and no permit shall be issued therefor except in compliance with the following requirements:
(1) No dock, pier or main walk as part of a quasi-public dock or pier shall be located within 15 feet of a lot line, nor shall a quasi-public dock or pier be located closer than 25 feet from a neighboring dock or other like facility.
(2) No quasi-public dock or pier shall occupy more than 25% of the water lot area.
(3) No main walks shall be less than eight feet in width, and no catwalks shall be less than two feet in width.
(4) in cases where piers are covered, the maximum height shall not exceed 15 feet above the high-water mark.
(5) No boat or vessel or other floating structure which is moored at a quasi-public dock or pier may be utilized for overnight habitation.
F. Additional regulations.
(1) No commercial marinas, commercial repair facilities or retail sales of goods and/or services are permitted.
(2) Parking for any motor vehicle shall be restricted for the dock owner only and shall require approval of the administrative agency or the enforcement officer. There shall be no off-street parking along the lake line area if such parking poses a danger to public health, safety and welfare or to the environmental quality of Budd Lake. Determination shall be based upon findings of the Township Planner, Engineer and Police Department.
G. Safety regulations.
(1) All docks/piers or components placed in the water between April 1 and December 1 must have six square inches of a reflective material on three sides of the farthest point from land.
(2) All docks/piers and components left in between December 1 and April 1 must have six square inches of reflective material or bright flag, reflective in nature, approximately 36 inches off the water's/ice surface at the farthest point from land.
H. Anchoring. All docks/piers and components left in between December 1 and April 1 must be securely anchored. Examples are sections permanently anchored to land or mounted to footings through lake bottom.
I. Identification. All distinct sections of docks/piers and components, both permanent and temporary, must be identified with owner's name and dock location address.
J. Private parties cleanup. Private groups provide lake cleanup semiannually with the assistance of and sanctioned by the Township. Each year the group takes out boats, docks and other large pieces of debris and boat owners shall cooperate when requested.
K. Plan review procedure; fees.
(1) No structure as defined in this chapter shall be constructed or otherwise set in the waters of Budd Lake or upon its lake line without either a zoning permit or site plan approval. If all requirements contained in this chapter are satisfied, the applicant shall be required to secure a zoning permit from the Planning Department. If deviation(s) from the prescribed standards are requested, the application will be assigned to the appropriate administrative agency to secure site plan and/or variance approvals.
(2) It shall be the discretion of the Township Planner, Engineer or administrative agency to request detailed plans, including but not limited to property surveys and deeds and plans prepared by licensed architects and/or engineers, depending on the proposed structure.
(3) Fees for administrative approval shall be the same as those for zoning permits. Where site plan and/or variance approval by the administrative agency is required, an application fee of $150 and a professional review fee of $200 shall be required.
L. New construction; reconstruction. Any new structure or any structure which is enlarged, either in total dimension or with additional boat slips, or where it is redesigned to or from a structure having pilings, footings or a flotation device, shall submit plans in accordance with Subsection K of this section. In addition, the Township Construction Official is authorized to require any additional plans or documentation necessary to satisfy the condition for building permits if deemed necessary.
M. Appeals. Where a dispute exists as to the determination of the Zoning Officer on the issuance of a permit, the applicant may bring an appeal to the Zoning Board of Adjustment in accordance with the procedures established by law.
N. Exemptions. Public property shall be exempt from the provisions of this section. Any use of public property for water-related activities shall be reviewed by the Township Planning Board who shall submit a written report to the Mayor and Township Council containing any comments and recommendations in a timely manner.
O. Enforcement officer. The enforcement officer for purposes of this section shall be the Zoning Officer. In the process of enforcing this section, the Zoning Officer shall provide violators a reasonable opportunity to correct violations when the violation does not create an emergency to health or safety.
P. Violations and penalties. Violations of this section shall be punishable by fines not exceeding $500 per day, with each day that a violation exists to be treated as a separate violation.
Beginning April 1, 2009, inspections of the docks will be conducted and will continue throughout the year. Please take the time to make sure that your dock is in compliance with the Township Ordinance listed above.
If you have any questions, please feel free to contact me at 973-691-0900 ext 7321.
Sincerely,
Frank Wilpert Jr.
Zoning Officer/Engineering Aide