To the Editor:
Bayberry Cove is a proprietary campground facility located in the Marmora section of Upper Township. It operates under a condominium form of ownership, meaning each property owner owns their own land and pays real estate taxes to the township.
The community consists of seasonal structures and park model vacation homes, with lighted, paved streets, recreational facilities, and more. By master deed filed with the county and by Upper Township ordinance, it is restricted to seasonal operations from April 1 to Oct. 31.
For over 22 years, property owners have been investing in the community by structurally upgrading their homes. This is achieved by encapsulating the units with sidewalls, anchored on a permanent foundation, and secured with an a-framed roof. These improvements (seasonal structures) are commonly called ‘roof-overs’. They have all been approved with permits issued by the township over these many years.
In 2021, the township determined that their campground ordinance had not been updated for many years and was out of date with existing conditions. A draft ordinance was generated March 9, 2021, for the Planning Board’s consideration.
It accurately described the improved properties in Bayberry Cove as seasonal structures. It also affirmed that these structures would be assessed and taxed for municipal real estate purposes thereby bringing in additional revenue to the township.
Bayberry Cove currently generates over $600,000 annually in tax revenue to the township. Our neighboring campground, Oakridge Condominium, generates over $400,000 in annual revenue. This draft would potentially increase revenue to the township from both locations.
The Bayberry Cove Condominium Association was in favor of this draft ordinance and moved for its adoption. On April 12, 2021, for unknown reasons, the township produced a second draft that removed all of the previous language referencing seasonal structures, in effect eliminating a potential revenue stream.
Our attorneys have been in numerous meetings with the township attorneys in a quest for answers and to try to bring a resolution to this situation.
When pressed, the township’s response to the elimination of the seasonal structure definition is that they fear that our community will become “year-round,” causing an increased financial burden to the township and school district.
This position is inherently untrue and not based on fact. Not only do the seasonal structures already exist, but the Condominium Association also does not want this and permanent residency is restricted by the master deed and existing township ordinance.
Additionally, the infrastructure would never be able to sustain year-round occupancy, as the water table is too high in the park. After the park closes each year, the water lines are shut off and drained to avoid freezing in the winter months.
Because the township’s reasoning is incredible, we suspect that there is an unspoken, underlying reason for this position, which may have its origins in the previous administration.
In response, another draft ordinance was created June 22, 2021, for the township’s consideration. This version expressly limits seasonal structures to proprietary campground facilities. Bayberry Cove and Oakridge are the only two locations in the township that fall under this definition.
The flooding and high winds caused by Hurricane Sandy, in 2012, and the more recent Tropical Storm Isaias, in 2020, which spurned a tornado, have emphasized the need for tax-paying property owners to secure their homes to minimize damage or loss of life.
We believe that this is a win-win for both parties. The latest draft of the revised campground ordinance contains language that prohibits encapsulation of any kind.
The communities of Bayberry Cove and Oakridge are against this version and reserve the right to challenge the same in the Superior Court of New Jersey.
