3-21 USE OF FERTILIZERS3-21.1 Purpose.It has been determined that the use of fertilizers containing phosphorus, and their eventual presence in stormwater runoff, constitutes a threat to the water quality of the Township of Roxbury, which is inimical to the general welfare. It is the purpose of this section to decreased the use in the township of fertilizers containing phosphorus. 3-21.2 Prohibited Conduct.a. No person shall apply fertilizer to lawns within the Township of Roxbury which contains phosphorus exceeding 0.5% expressed as P205 on a dry basis. b. No person shall engage the services of a commercial fertilizer applicator to apply fertilizer within the Township of Roxbury, unless such commercial applicator is licensed in accordance with section 4-18 of the Revised General Ordinances. 3-21.3 Penalty for Violation.Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties set forth in section 3-1 of the Revised General Ordinances. |
13-7.821 Provisions for Regulation of Piers, Boathouses and Marinas.A. Purpose. The purpose of these provisions is to provide for the reasonable control over the development of piers, boathouses and marinas 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 reasonably 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 Township. B. Definitions. For the purpose of this Section, certain terms are herewith defined and shall be construed as follows: Boathouse shall mean any enclosed structure over the waters of Lake Hopatcong used for the sole purpose of storing and mooring boats and boating equipment. Bulkhead Line shall mean the highwater mark of 1.30 feet above the dam spillway (elevation 924.00) 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. Catwalk shall mean any structure extending transversely from the main walk. Docks shall mean any structure extending lakeward of the bulkhead line for the purpose of mooring boats or for gaining access to moored boats. Main Walk shall mean any structure extending into the Lake from the shoreline, which is used for access to moored boats. Marina shall mean any public, semi-public or private facility capable of berthing or mooring five (5) or more boats. Pier shall mean a structure to moor boats to a dock or to which a deck or dock or other structure may be affixed. Pierhead Line shall mean a line running parallel with the bulkhead line and extending not more than fifty (50) feet from said bulkhead line as approved by the National 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 of lake bottom, may be located. Waterfront Lot shall mean any lot adjoining a waterway. C. General Requirements Applicable to All 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 Uniform Construction Code. Normal maintenance and repair shall not require a building permit. No building permit for the construction, enlargement or extension of dock, pier, boathouse or marina shall be issued until the owner first obtains a favorable review of all site and construction plans from the following agencies: New Jersey State Department of Environmental Protection (Stream Encroachment Division), and Army Corps of Engineers. 2. Prior to the issuance of a building 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 may be required to permit a competent and thorough review. Compliance with Planning Board conditions of approval shall be made a condition for the issuance of a Certificate of Occupancy. 3. Permit applications shall be referred to the appropriate State and Federal Agencies for review and approval. 4. No pier, dock or marina shall extend into any waterway beyond the pierhead line or more than fifteen (15%) percent 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 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 the pier itself. 6. The top of any pier, dock or catwalk shall not be less than fourteen (14) inches from the high water 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 Building Inspector 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 Zoning Board of Adjustment, where applicable; and additionally, any pier, dock, boathouse or marina proposed to be extended beyond the pierhead line or beyond fifteen (15%) percent of the width of the waterway shall also be approved by the State Department of Environmental Protection. D. Development Controls for Private Piers and Docks. 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 ten 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 fifteen (15%) percent of the water lot area within the pierhead line. 5. No dock, mainwalk or pier shall have a width of less than four (4) feet, exclusive of pilings or other structural members. 6. There shall be not more than one dock, pier or main walk for each lot or for each one hundred (100) feet of frontage. 7. The distance between piers shall be a minimum of twenty-one (21) feet. 8. No dock, pier or main walk shall provide permanent mooring facilities for more than four (4) boats. 9. In cases where docks or piers are covered, the requirements shall be the same as those required for boathouses. E. Development Controls for Boathouses. No boathouse shall be constructed, enlarged or extended and no building 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 fourteen (14) feet of a side property line. 3. No boathouse shall be closer than twenty-eight (28) feet from a neighboring pier or boathouse. 4. Any combination of piers, docks, main walks and boathouses shall not occupy more than fifteen (15%) percent of the water lot area within the pierhead line. In no case shall a boathouse exceed ten (10%) percent of the water lot area within the pierhead line. 5. There shall not be more than one (1) 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 nor cooking or toilet facilities provided in any boathouse. 9. No boathouse shall exceed twelve (12) feet in height. F. Development Controls for Marinas. No marina shall be constructed, enlarged or extended and no building permit shall be issued therefor except in compliance with the following requirements: 1. Marinas shall only be permitted in the B-1 Zone. 2. No docks, pier or main walk (as part of a marina) shall be located within sixteen (16) feet of a side property line, nor shall a pier within a marina be located closer than thirty (30) feet from a private pier. 3. No marina shall occupy more than twenty-five (25%) percent of the water lot area within the pierhead line. 4. No main walks shall be less than eight (8) feet in width and no catwalks shall be less than two (2) feet in width. 5. More than one (1) main walk 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 sixteen (16) feet above the high water mark. G. The following technical details shall apply to all waterfront development. 1. The maximum width of private docks shall be no more than five (5) 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 ten (10) feet. 2. The maximum width of catwalks shall be no more than four (4) 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. |
[HISTORY: Adopted by the Township Council of the Township of Jefferson 11-6-2002 by Ord. No. 28-02 (Ch. 52 of the 1967 Code). Amendments noted where applicable.]
§ 294-1. Purpose.
It is the intent of this chapter to regulate the installation and use of ice-retardant systems on waterfront properties within the Township of Jefferson for the protection of persons and property and to provide for the public health, safety and welfare of the Township of Jefferson and its inhabitants.
§ 294-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
| AFFECTED AREA OF ICE — 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 areas where adjacent ice is covered by a film of water. |
| BULKHEAD LINE — 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. |
| ICE-RETARDANT SYSTEM — 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. |
| NORMAL OPERATING CONDITIONS — 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 chapter. Said "normal operating conditions" are 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° F. 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 chapter, 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. |
| OWNER or OPERATOR — The owner of record of a tract of land according to the tax rolls of the Township of Jefferson or any person occupying said premises or utilizing the property. |
| PERSON — Any individual, association of individuals, corporation or partnership. |
| PROTECTED STRUCTURE — 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. |
§ 294-3. Authorization for use; compliance required.
| A. | No person shall operate an ice-retardant system within the municipal limits of the Township of Jefferson unless said operation is in conformance with this chapter. |
| B. | The provisions of this chapter shall only be effective for the operation of an ice-retardant system from December 1 of each year through April 1 of the following year. Nothing herein shall prevent the operation of an ice-retardant system at other times during the year. |
§ 294-4. Operation requirements.
| A. | 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 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. Where the ice-retardant system will disturb a distance measured horizontally along the shoreline of more than 25 feet, an additional sign shall be required for each 25 feet of shoreline or fraction thereof. |
| B. | Under normal operating conditions, the affected area of ice created by the ice-retardant system shall not extend more than 25 feet beyond the protected structure. |
| C. | Under normal operating conditions, the affected area of ice should not extend more than 25 feet, measured along the shoreline, from the protected structure. |
| D. | Irrespective of the standard appearing in Subsections B and C above, the affected area of ice, under normal operating conditions, should not extend beyond the side property lines of the property for which the ice-retardant system is being used, as if said property lines were extended into the lake. Said requirement may be waived if the owner and/or operator of the ice-retardant system obtains written permission from the adjacent property owner. |
| E. | Unless the ice-retardant system has been designed and approved in accordance with § 294-5 of this chapter, 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. |
§ 294-5. Waiver of requirements.
The Township Council may, by resolution, waive the requirements of this chapter in situations of hardship or exceptional public necessity. Exceptional public necessity shall include but is 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 Township Council may refer the application to the Lake Hopatcong Commission for comment. In adopting the resolution, 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 lights 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.
§ 294-6. Enforcement; violations and penalties.
| A. | 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 chapter and require compliance within an additional 10 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 Municipal Court of the Township of Jefferson to enforce the requirements of this chapter. [Amended 2-16-2005 by Ord. No. 4-05] |
| B. | A violation of the terms of this chapter, including the operational requirements, shall be punishable by a fine not to exceed $50 for the first offense, $100 for the second offense and $250 for the third and subsequent offenses. Each day that a violation of this chapter continues may be deemed to be a separate offense. |
§ 294-7. Liability.
Compliance and/or noncompliance with the requirements of this chapter shall not preclude any civil action for damages arising from injuries incurred through the operation of an ice-retardant system.
§ 294-8. Construal of provisions.
Nothing in this chapter 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.