Township’s Misconduct
Despite Neptune’s clear Authority and Responsibility, the Township has Neglected its Duty to Enforce Rules Designed to Protect the Community
As discussed in the Issue “Township’s Duty to Regulate" the Township has Authority over Ocean Grove, and is responsible for ensuring the use of all lands in the township will “promote the public health, safety, morals, and general welfare.” NLDO §102(A). As discussed on the page titled “Disregard for Local Law" the OGCMA has failed to obtain a zoning permit, a demolition permit and an HPC Certificate of Appropriateness - all of which are required.
Neptune United met with members of the Neptune Township Committee, the Township Attorney and the Township’s Business Administrator prior to commencement of the pier reconstruction, to put them on notice of the OGCMA’s impending violations. At such meetings, the Neptune officials were provided with copies of the applicable ordinances and regulations, as well as an overview of such requirements.
The aforementioned officials have still not produced a single piece of authority establishing that the OGCMA is exempt from the aforementioned permits/approvals. Instead, Neptune Township has been complicit with the OGCMA’s blatant violations, resulting in the continued unauthorized construction.
The NJDEP Permit Issued to the OGCMA is Expressly Contingent upon the OGCMA Obtaining all Applicable Township Approvals
In addition to the clear requirements under local law, the permit issued by the NJ Department of Environmental Protection (NJDEP) to the OGCMA, approved February 17, 2022 (“Permit”) also requires the OGCMA to obtain local approvals.. The Permit “authorizes the construction of an expansion to a legally existing public fishing pier, in association with a public development.” [emphasis added]. See image below. The Permit provides, as a standard condition that “[t]he permittee shall obtain all applicable Federal, State, and local approvals prior to commencement of regulated activities authorized under a permit.” [emphasis added].
Neptune United Requests that the Township Provide Authority for the following Legal Questions:
Despite the OGCMA’s assertion that the project is on public property, and that their NJDEP Permit specifically refers to the subject area as a “public fishing pier” in a “public development,” an assertion has been made by the Township that it has no oversight authority because it is “private land.”
How then, can the Township have oversight on parcels owned by private owners in Shark River Hills, for example?
If the OGCMA owns all of the land in Ocean Grove, including the land under each building, then why are homeowners required to obtain zoning, demolition, HPC, and construction permits and approvals? OGCMA owns that land also.
The NJDEP Permit specifically states that the OGCMA must obtain all local approvals prior to commencement.
How, then, can the Township state they have no oversight authority because it is a “state project?”
Please note, the majority of the proposed structure is not over the water. The majority of the structure is on land, which NLDO defines as “ground, soil, or earth including marshes, swamps, drainageways and areas not permanently covered by water within the municipality.” [emphasis added]
Construction Code Communicator Newsletter, Spring 2012, P.8, only applies to “construction permits.” Why has reconstruction of the pier been permitted to continue without issuance of a zoning permit, demolition permit, and HPC Certificate of Appropriateness?
The same Newsletter goes on to state, “The responsibility for the review and inspection of bulkheads and piers remains with the municipal engineer.”
Did the township’s engineer review the plans and visit the site prior to September 14, 2022?
According to the website for the Township’s Engineering Department, “any land disturbance [in Ocean Grove] of fifty (50) square feet or more requires a grading permit.” Was such a grading permit issued to the OGCMA for the pier reconstruction?
