N.J. Admin. Code § 7:2-13.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:2-13.3 - Berth permits

(a) Seasonal or annual berth permits shall be issued at the Forked River State Marina, Leonardo State Marina, Fortescue State Marina, and Senator Frank S. Farley State Marina as follows:

1. Forked River State Marina, Senator Frank S. Farley State Marina, and Leonardo State Marina:

i. April 1 to October 31 (Summer);

ii. November 1 to March 31 of the subsequent year (Winter);

2. Fortescue State Marina:

i. April 1 to March 31 of the subsequent year (Annual);

ii. November 1 to March 31 of the subsequent year (Winter).

(b) Berth permits for the summer season from April 1 to October 31 shall be issued in accordance with the following procedure.

1. All summer berth permittees of record on October 31 shall be given an opportunity to renew their berth permit for the same size berth for the next summer season. A summer berth permit renewal form shall be forwarded to each permittee of record during the first week of November of the year preceding the permit period year or as soon thereafter as possible.

2. On or before December 31 of the year preceding the permit year, the permittee of record shall return the following to the marina office:

i. A permit renewal form signed by the permittee of record;

ii. Payment in full for the berth offered;

iii. A valid New Jersey vessel registration solely in the name of the permittee of record for the vessel owned by the permittee of record which will occupy the offered berth; and

iv. A copy of the Certificate of Title to the vessel solely in the name of the permittee of record.

3. If the permittee of record does not return the documents and payment in full on or before December 31 as required in (b)2 above, the State Park Service will mail the permittee a notice of cancellation and the slip will be immediately reassigned.

(c) Berth permits for the annual period from April 1 to March 31 shall be issued in accordance with the following procedure.

1. All annual berth permittees of record on October 31 shall be given an opportunity to renew their berth permit for the same size berth for the next annual season. An annual berth permit renewal form shall be forwarded to each permittee of record during the first week of December of the year preceding the permit period year or as soon thereafter as possible.

2. On or before February 1 of the permit year, the permittee of record shall return the following to the marina office:

i. A permit renewal form signed by the permittee of record;

ii. Payment in full for the berth offered;

iii. A valid New Jersey vessel registration in the name of the permittee of record only for the vessel owned by the permittee of record which will occupy the offered berth; and

iv. A copy of the Certificate of Title to the vessel solely in the name of the permittee of record.

3. If the permittee of record does not return the documents and payment in full on or before February 1 as required in (c)2 above, the marina operator shall on the first business day after the due date or as soon as possible thereafter give the permittee of record written notice by certified mail return receipt requested, to return the documents and payment to the marina office within 10 working days after the date of the notice.

4. If the documents and payment are not received in the marina office within 10 working days after the date of the written notice as provided in (c)3 above, the offer to renew the permit as provided in (c)1 above shall become void immediately upon expiration of the 10 day period and the subject berth permit immediately reassigned.

(d) Annual and summer berth permits shall be issued for all vacated berths in accordance with the following:

1. Permittees of record in the marina who have submitted a written request to transfer to another berth in the marina shall be given an opportunity to transfer to a vacated berth. Requests for transfer shall be prioritized based on the date the request is received in the marina office.

2. Except for the Senator Frank S. Farley State Marina, remaining vacant berths shall be offered to New Jersey resident applicants that are number one on the posted list of permit applicants for the size berths available. At the Senator Frank S. Farley State Marina, remaining vacant berths shall be offered to the applicants that are number one on the waiting lists for each berth size available.

3. When the New Jersey resident list is exhausted in any category, applicants on the non-resident list in that category shall be offered available berth(s).

4. In the event both resident and non-resident lists are exhausted in a given category, berths in that category shall be offered to applicants on the resident and then the non-resident berth application list for the next smaller berth size category.

5. In the event that the next smaller berth size category waiting lists described in (d)4 above are exhausted, the availability of the vacant berths shall be publicly posted at the marina. Permits for the vacant berths shall be issued upon receipt of a berth permit application in accordance with 7:2-13.2.

6. Permits for vacated berths shall be offered under (d)1 through 5 above to applicants by category and in numerical order within that category. A minimum of three documented attempts shall be made to notify the applicant of the availability of a berth by telephone during normal business hours. If the marina office is not able to contact the applicant, the berth shall be offered to the next applicant on the waiting list. Within 10 days after the offering, the applicant shall return the following to the marina office:

i. A permit form signed by the permittee of record;

ii. Payment in full for the berth offered; and

iii. A valid New Jersey vessel registration and title for the vessel owned solely by the permittee of record and which is in the same size category as the berth offered.

(e) Berth permits for the winter season from November 1 to March 31 shall be issued in accordance with the following procedure:

1. On a first come first served basis to:

i. Permittees of record in the marina; and

ii. Other interested boaters.

2. Winter berth permits shall be effective:

i. Upon payment of the winter berth fee by permittee of record; or

ii. Upon payment of the winter berth fee and execution of the non-renewable winter berth permit, by other interested boaters.

(f) At the Leonardo and the Forked River State Marinas, berth permits for the winter season from November 1 to March 31 shall, in addition to the applicable provisions of this chapter, be issued subject to the following conditions:

1. Vessels occupying a winter berth shall have electricity available each weekend during the winter season from 4:00 P.M. Friday to 8:00 A.M. Monday. The use of electricity during any other period during the winter season shall be by the prior approval of the Superintendent or designee.

2. The use of a thermostatically controlled de-icing system is subject to the prior approval of the Superintendent or designee. Permittees shall place the de-icing unit in a location on the vessel that is in full view by marina personnel. The period of operation of de-icing units shall be determined by the Superintendent or designee based on weather conditions.

(g) Berth permits shall not be issued for the following purposes:

1. Berthing of domicile type units including, but not limited to, powered and unpowered house type craft specifically designed for dockside living on other than a transient basis;

2. Condominium type berth leasing;

3. Use as a watersport activity center such as water skiing, parasailing or use of personal watercraft;

4. Berthing of vessels to be utilized in time sharing ventures; or

5. Use of a vessel as a domicile, residence or habitat.

(h) Signature by the permittee on the permit constitutes agreement to abide by this chapter and any other pertinent State and Federal statutes, rules and regulations. Failure to comply with this chapter and pertinent State and Federal statutes, rules and regulations shall be cause for immediate cancellation of the permit, forfeiture of all fees paid and removal of the vessel from the Marina.

N.J. Admin. Code § 7:2-13.3

Amended by R.2007 d.155, effective 5/7/2007.
See: 38 N.J.R. 4779(a), 39 N.J.R. 1701(a).
In (b)1, substituted "November" for "December"; in (b)2, substituted "December 31" for "February", and inserted "year preceding the"; in (b)3, substituted "December 31" for "February 1"; in (f), substituted "this chapter" for "N.J.A.C. 7:2"; in (f)1 and (f)2, substituted "Superintendent or designee" for "Officer-in-Charge" throughout; and in (g)3, inserted "or use of personal watercraft".
Amended by R.2014 d.031, effective 2/18/2014.
See: 44 N.J.R. 1935(a), 44 N.J.R. 2269(a), 46 N.J.R. 335(b).
Rewrote (b)3; and deleted (b)4.