[Adopted 2-24-1996 by Ord. No. 96-01]
A.
It has been clearly demonstrated that well-established
and protected sand dunes, together with properly maintained beach
and dune areas, are an effective protection against high tides and
flooding and against property damage by the ocean under storm conditions
and that they provide desirable protection of the coastal areas adjacent
thereto, and the State of New Jersey, along with its political subdivisions
and their inhabitants, have an interest in the continued protection
and preservation thereof and in the restoration of them in the event
of property damage or destruction.
B.
The developed coastal areas of New Jersey, including
developed barrier islands and adjacent shorefront areas, represent
a unique and invaluable social, economic, recreational and aesthetic
resource. Given the present degree of commercial and residential development
in these areas, given the measurable and intangible benefits that
accrue to the residents of the State of New Jersey and the public
at large from the beach, boating, fishing and vacation facilities
that this diversely developed coastal area offers and given the present
extensive knowledge of the protective and restorative nature of beach
nourishment, dune creation, dune restoration and other selected coastal
engineering programs, it is hereby declared that it is appropriate,
essential, feasible and in the public interest to preserve, protect
and enhance these coastal regions in their developed state.
C.
It is the purpose of this article to define the areas
so affected and to establish regulations to assure their continued
effectiveness. This article is declared to be an exercise of the police
power in the interest of safety and welfare and for the protection
of persons and property.
As used in this article, the following terms
shall have the meaning indicated:
Includes either natural or artificial land. Natural accretion
is the buildup of land solely by action of the forces of nature on
a beach by deposition of waterborne or airborne material. Artificial
accretion is a similar buildup of land by reason of an act of man,
such as the accretion formed by a breakwater or beach fill deposited
by mechanical means.
Gently sloping unvegetated areas of sand or other unconsolidated
material that extend landward from the mean high-water line to where
there is a marked change in the material or physiographic form, i.e.,
dune or bulkhead.
A wind- or wave-deposited formation of vegetated or drifting
windblown sand, generally parallel to and landward between the inland
limit to the beach and the foot of the most inland dune slope, including
primary, secondary and tertiary dunes, where they exist. Formations
of sand immediately adjacent to beaches that are stabilized by retaining
structures, such as snow fences, planted vegetation and other measures,
are considered to be dunes, regardless of the degree of modification
of the dune. Dune shall not include loose windblown sand found in
a street or on a part of a structure as a result of wind or storm
activity.
An area located seaward of the bulkhead, delineating a beach
zone presently with or without dunes. The width of the DDD will extend
an average of 100 feet from the bulkhead line toward the ocean, subject
to sufficient beach width. Placement of fences and plantings of vegetation
will be completed in an effort to trap windblown sand and develop
dunes.
The wearing away of land by the action of natural forces
on a beach; the carrying away of beach sediments by wave action, tidal
currents, littoral currents and wind.
The 1929 datum established by the United States Coast and
Geodetic Survey or such other datum as may be established by the United
States Army Corps of Engineers or other properly authorized agencies.
Natural persons, partnerships, firms, associations, joint-stock
companies, syndicates and corporations and any receiver, trustee,
conservator or other officer appointed pursuant to law or by any court,
state or federal. Person also means the State of New Jersey, counties,
municipalities, authorities, other political subdivisions and all
departments and agencies within the aforementioned governmental entities.
Includes the term "snow fence," and shall mean a barricade
established in a line or pattern to accumulate sand and aid in the
formation of a dune.
That area which extends from the mean high-water line to
the seaward toe of the dune, as hereinbefore defined.
A.
Within shorefront protection areas, no person shall
undertake or cause to be undertaken any activity, including the construction,
relocation, reconstruction, modification, expansion or demolition
of any temporary, mobile or permanent structure. The following uses
may be permitted, provided that the same are part of an approved public
project in the interest of public health, safety and welfare:
(1)
Open space, beach or water recreation.
(2)
Steps to permit access to the dunes and to the beach,
without damage to the dunes themselves.
(3)
Sand fences to encourage the accumulation of sand.
(4)
Necessary buildings and structures for public safety
and convenience, including infrastructure, first aid stations, lifeguard
stations, comfort stations, piers, dune walkover structures and related
activities.
(5)
Necessary shorefront protection and stabilization
improvements, including groins, bulkheads and activities related to
beach restoration projects.
(6)
The operation of specially permitted and licensed
vehicles for public safety and maintenance purposes only.
B.
Landward of the bulkhead and seawall areas, a property
owner may remove clean windblown sand, which must be deposited easterly
of his property line and bulkhead.
C.
Within the dunes and Dune Development District areas,
the following activities are prohibited:
(1)
The operation of any motor vehicle, except in designated
accessways.
(2)
The removal of sediment and native vegetation.
(3)
Placement of nonliving trees, brush, shrubs or other
debris.
(4)
Pedestrian and vehicular traffic on or over the oceanfront dunes,
except at the following municipally designated locations:
[Amended 2-21-2018 by Ord. No. 2018-02]
(a)
Pedestrian crossovers - standard: the oceanfront extended street
rights-of-way at 11th Avenue, 12th Avenue, 13th Avenue, 14th Avenue,
15th Avenue, 16th Avenue, 17th Avenue, 18th Avenue, 19th Avenue, 20th
Avenue, 21st Avenue, 22nd Avenue, 23rd Avenue, 24th Avenue, 25th Avenue,
26th Avenue, 28th Avenue, 29th Avenue, Pelham Avenue, Manor Avenue,
30th Avenue, Evergreen Avenue, 32nd Avenue, Woodcrest Avenue, 34th
Avenue, 35th Avenue, and 36th Avenue. Midblock between 16th and 17th
Avenues opposite Longport Seaview Stairway.
(b)
Pedestrian crossovers - handicapped: the oceanfront extended
street rights-of-way at 16th Avenue, 27th Avenue, and 33rd Avenue.
(c)
Vehicular crossovers: the oceanfront extended street rights-of-way
at 11th Avenue, 16th Avenue, and 35th Avenue.
(5)
Removal, mutilation or destruction of sand or sand
fencing, unless removal is part of an authorized dune maintenance
activity.
D.
Within the shorefront protection areas, unless otherwise
controlled elsewhere in this section, no person shall undertake or
cause to be undertaken a regulated activity hereinafter defined until
he has applied for and received a permit issued by the Construction
Official and approval by the Borough Engineer.
A.
"Regulated activities" shall mean and include:
(1)
The construction, relocation, modification, expansion
or demolition of any temporary, mobile or permanent structure, subject
to applicable building standards.
(2)
The removal, excavation, filling or deposition of
any soil, mud, sand, gravel or other material, except as noted hereinafter.
(3)
The construction, reconstruction or major repair of
any public facilities, including but not limited to roads, sewers,
bridges and electric power, telephone, gas and water lines.
A.
Any person, firm, corporation or public agency that
shall be convicted of a violation of a provision of this article shall,
upon conviction thereof by any court authorized by law to hear and
determine the matter, be subject to a fine not exceeding $1,000 or
imprisonment for a term not exceeding 90 days, or both, as such court
in its discretion may impose. Each day that such violation exists
shall constitute a separate offense.
B.
In addition to the above penalties, the Borough Engineer,
Borough Attorney, Construction Official, Police Department or other
duly authorized officers or employees are hereby empowered to pursue
such legal and equitable relief as may be necessary to abate any violation
or enforce any condition of this article.
