[HISTORY: Adopted by the Board of Commissioners of the Borough
of Longport 4-18-2007 by Ord. No. 2007-10. Amendments noted
where applicable.]
The lands subject to license as defined in this chapter are
those portions of the dedicated Beach Avenue right-of-way lying between
the existing seawall and the privately owned lots in Blocks 13, 14,
15, 16, 17, 18 and 20 as shown on the Official Taxing Map of the Borough
of Longport. The lands shall also include the portions of lands owned
in fee simple by the Borough of Longport between the existing bulkhead
and the privately owned lots in Blocks 21, 24 and 27; also designated
as potions of Blocks 21, Lot 1; Block 24, Lot 1; and Block 27, Lot
1, as shown on the Official Taxing Map of the Borough of Longport.
The Borough of Longport hereby identifies that these lands and portion of Beach Avenue right-of-way within the areas as indicated in § 109-1 must remain under control and ownership of the Borough for future public needs and obligations relating to future construction of the existing concrete seawall and timber bulkheads. However, through the execution of specific agreement and payment of certain fees, it would be in the public's interest to temporarily license such lands while maintaining the public's right of access.
It is not the intent of the Borough, nor should it be interpreted
by the licensee, that the granting of such license shall in any way
constitute a permanent conveyance, transferral, grant of said lands
to the licensee; or grant any property right to licensee.
The execution of any license shall be nonexclusive and limited
and may be terminated at any time by the Borough of Longport without
cause, notice, and without liability whatsoever to the licensee for
damage and/or removal of any licensee's improvements. The property
owner may only license the area immediately adjacent to his/her property.
A.
Under any license of said lands, the Borough shall be held harmless
from any loss, cost, or expense (including attorney's fees) arising
from any claims for death or injury to persons or property, arising
from the licensee's action or inaction. The licensee shall at
all times maintain liability insurance in the form and of the amount
acceptable to the Risk Management Consultant of the Borough, the Municipal
Director of Revenue and Finance, and the Municipal Joint Insurance
Fund, of which the Borough is a member.
B.
Upon the yearly renewal of each license, the Borough shall reserve
the right to increase the required insurance limits as may be deemed
necessary to comply with the above requirements. Upon each yearly
renewal and with the required yearly payment of the license renewal,
the licensee shall provide the Borough with valid copies of the insurance
requirements established by the Borough. All insurances shall indicate
the Borough of Longport as an "additional named insured." All insurance
coverage shall also include a thirty-day written notice, by certified
mail, to the Borough Clerk for any cancellation or changes in coverage.
The licensee may be permitted to make and maintain certain improvements
within the proposed license area subject to the following conditions:
A.
The existing grade shall not be modified such that it becomes an
impediment to public access or a nuisance to adjoining properties
as determined by the Zoning Officer.
B.
A minimum four-foot-wide clear path shall be maintained from the
immediate land side of the bulkhead or seawall landward therefrom.
The clear path may only consist of clam shells, three-fourths-inch
driveway stone, pea gravel, sand, pallet or roll-up wood, plastic,
plastic-wood boardwalk, or grass. Concrete or brick pavers will not
be permitted.
C.
From the path area landward, the licensee may be permitted to install
landscaping. Said landscaping may be installed within a defined planting
bed of railroad ties, landscaping ties, or equivalent as determined
by the Zoning Officer. The planting bed with ties shall not be higher
than 12 inches above existing grade.
D.
Within the defined planting area, the licensee may install vegetation,
jetty rock, or landscape stone. No benches, signs, lights, irrigation
systems, or fencing shall be permitted. If vegetated, the vegetation
must be salt tolerant and not dependent on irrigation. Vegetation
should be limited to American beachgrass, "Avalon" salt meadow cordgrass,
"Atlantic" coast panicgrass, "Sea Isle" Japanese sedge, bayberry,
beachplum, rugosa rose, shore juniper, or sea oats. No black pine
or yews will be permitted. Vegetation shall be maintained such that
it not exceed the height of the top of the bulkhead/seawall, and at
no time be permitted to extend into the clear path area. Jetty rock
shall be limited to the same height requirements as for vegetation.
E.
Any construction that is deemed unsafe by the Zoning Officer shall
be immediately removed by the licensee at no cost to the Borough.
A.
It shall be the responsibility of the licensee to, at all times and
at his/her sole cost, properly maintain the licensed area in order
to maintain safety and an aesthetic environment. The property owner
(licensee) shall inspect, on a weekly basis, the licensed area and
remove any and all debris, litter, broken vegetation, or other such
matter. The licensee shall maintain, on a monthly basis, any existing
vegetation and ties, and replace any and all damaged vegetation. The
licensee shall remove, on a yearly basis, all accumulated sand material
and perform all maintenance as may be directed by the Zoning Officer.
B.
Should a licensee be in violation of any of the terms and conditions
of the license, upon written notice of the violation issued from the
Borough Zoning Officer to the name and address of the property owner
as shown on the Borough tax records, the property owner shall immediately
remediate the violation within 90 days of the date of the notice.
Should the property owner fail to timely remediate, then the Borough
or its agents and contractors may elect to perform the remediation
and the property owner shall pay all of the direct and indirect costs
thereof. Should the payment for the said costs not be paid within
30 days of the billing date, the Borough may collect the said costs
in the same manner and nature of a municipal lien, taxes and charges
as provided by law.
[Added 7-25-2007 by Ord. No. 2007-14]
A.
The yearly fee for said license of said lands shall be as follows:
|
Area
(square feet)
|
Fee
|
|---|---|
|
0 to 1,500
|
$1,000
|
|
1,501 to 3,000
|
$2,000
|
|
Above 3,000
|
$3,000
|
B.
The area of the license shall be calculated by utilizing the full
width of land between the seawall/bulkhead and the full length of
the abutting property line to said lands. No partial licensing of
lands shall be permitted. The total area of lease shall be as determined
by the Municipal Engineer. For each renewal year, the yearly fees
shall increase by 3% per year.
C.
Each and every licensee applying for a license under the terms and conditions of this chapter shall pay the sum of $250 at the time of application for the license. Each and every licensee holding a license under the terms and conditions of this chapter shall pay $100 at the time of each annual reinspection. Should the application fee not be paid, the application shall be deemed incomplete, and should the annual reinspection fee not be paid, the licensee shall be in violation of the terms and conditions of the license, which shall be subject to termination at the option of the Borough. In any event, the fees shall be collected as provided in § 109-7 in the same manner as any other violation of the terms and conditions of the license.
[Added 7-25-2007 by Ord. No. 2007-14]
A.
The license shall expire every year on January 30 unless the licensee
provides to the Building Department, not earlier than January 1 and
not later than January 30, the full amount of the license fee and
a copy of the valid insurances and save harmless agreements. No license
shall be renewed unless the site is safe and secure as determined
by the Zoning Officer. Failure to maintain the leased area may result
in denial of any renewal.
B.
Upon the nonrenewal of any license, or the providing of notification
in writing to the Zoning Officer that the license will not be renewed,
the licensee, or former licensee, shall have 30 days from said notification,
or expiration, to remove all plantings and improvements made within
the licensed area. Failure to remove said improvements shall result
in removal by the Borough and placement of lien for the recovery of
said costs.
The Longport Zoning Officer, Code Enforcement Officer, or designee,
shall be responsible for the enforcement of these regulations. Upon
inspection or complaint, a site investigation will be performed and
the licensee will be provided, by certified mail, of any violations.
The licensee shall have 14 calendar days within which to both respond
and correct any such violation. Failure to restore the area or eliminate
the violation shall result in the matter being brought before the
Municipal Court and subject to the maximum fines and imprisonment,
or both as permitted by law and at the discretion of the judge.
