With Ferry Company’s Right To Conduct Marine Operations at Union Dry Dock in Hoboken
JERSEY CITY, NJ, June 7, 2019 -- NY Waterway today asked a Hudson County Superior Court judge to order the City of Hoboken not to block or interfere with the ferry company beginning marine operations at Union Dry Dock so that it can maintain its 35-boat ferry fleet.
In a verified complaint, NY Waterway asked the court to rule “…that NY Waterway is permitted to use the Property for maritime industrial purposes (including the servicing of ferryboats) as expressly authorized by the December 6, 2018 permit of the U.S. Army Corps of Engineers and the May 16, 2018 permit of the New Jersey Department of Environmental Protection, and in accord with the City of Hoboken ‘s conditional use zoning classification of maritime industrial use that is applicable to the Property and in accord with the decades-old use of the Property for maritime industrial purposes and as provided in UDD’s site plan and conditional use approval.”
“NY Waterway must be allowed to repair and maintain our ferries at Union Dry Dock so that we can continue to provide safe, reliable, environmentally-friendly service to more than 30,000 New Jersey commuters each day, and be ready to respond quickly in an emergency,” said NY Waterway President & Founder Arthur E. Imperatore.
“We own this property and have been paying taxes on it for 18 months. We have the necessary state and federal permits and the site has the proper zoning. Yet Hoboken politicians are preventing us from doing our job. We respectfully ask the court to rectify this injustice.”
NY Waterway’s complaint specifically asks the court to rule that the company be permitted to remove and replace up to 102 fender piles in the Hudson River; that it be permitted to dock two barges at the site and that it be permitted to use the land for maritime industrial purposes.As stated in the complaint, “ all of these water-based activities are expressly authorized by the Federal and State permits. Therefore, the City of Hoboken’s efforts to subject these waterborne activities to local permits and approvals is preempted by federal and state law,” “Furthermore, the City of Hoboken’s attempt to impose the requirement that NY Waterway obtain a new conditional use permit for the continued maritime industrial use of the Property fails as a matter of New Jersey law even without regard to the law of federal and state preemption.”