[Adopted 6-16-1988 by Ord. No. 1042 (Ch. 9, Art. III, of
the 1970 Borough Code)]
A.
It has been clearly demonstrated that well established and protected
sand dunes, together with properly maintained beach and dune areas,
along with functional structures in critical areas, are effective
protection against high tides and flooding, and against property damage
by the ocean under storm conditions, and provide desirable protection
of the coastal areas adjacent thereto, and the Borough of Seaside
Park and its residents have an interest in the continued protection
and preservation thereof, and in the restoration of them in the event
of damage or destruction.
B.
The developed coastal area of New Jersey, including developed barrier
islands and adjacent shorefront areas, represent in their developed
state a unique and invaluable social, economic, recreational, and
aesthetic resource.
C.
Given the present degree of commercial and residential development
in these areas, and given the measurable and intangible benefits that
accrue to the residents of the Borough of Seaside Park 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 restoration nature of beach
nourishment 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.
D.
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
meanings indicated:
The area located seaward of the boardwalk, beginning approximately
20 feet from the boardwalk and extending eastward an average of approximately
30 feet. Placement of fence and/or planting of vegetation will be
completed in this area in an effort to trap windblown sand and develop
a dune. DDD-I is considered to have dynamic boundaries which move
in response to seasonal winds and storms.
The area located east of Ocean Avenue and west of the boardwalk
extending an average of approximately 30 feet. Placement of fence
and/or planting of vegetation will be completed in this area in an
effort to trap windblown sand and develop a dune. DDD-II is considered
to have dynamic boundaries which move in response to seasonal winds
and storms.
The area located seaward of Bayview Avenue extending an average
of approximately 30 feet. Placement of fence and/or planting of vegetation
will be completed in this area in an effort to trap windblown sand
and develop a dune. DDD-III is considered to have dynamic boundaries
which move in response to seasonal winds and storms.
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 of the aforementioned governmental
entities.
Includes the term "snowfence" and shall mean a barricade
established in a line or pattern to accumulate sand and aid in the
formation of a dune. It shall include and normally be limited to,
the commercial variety of light wooden picket fence held together
by wire and secured by posts.
Includes the term "native vegetation" or "indigenous vegetation"
and specifically includes such plants as beach grass (ammophila breviligulata),
seaside goldenrod (Solidago semervirens), bayberry (Myrica pensylvanica),
salt spray rose (Rosa rugosa) which normally grow or may be planted
on the slopes of dunes or behind them, no distinction being made as
to how such plants are introduced into their location.
Within the Dune Development District areas, no person shall
undertake or cause to be undertaken any of the following activities:
Within the Dune Development District areas, no person shall
undertake or cause to be undertaken any activity, including construction,
relocation, reconstruction, modification, expansion, or demolition
of any temporary, mobile or permanent structure, except, upon the
approval of the Mayor and Borough Council, the following uses may
be permitted:
A.
Boardwalks and steps to permit access across the dunes to the beach,
without damage to the dunes themselves.
B.
Sand fences to encourage the accumulation of sand.
C.
Pavilions or similar small platforms less than 400 square feet in
area, provided that they do not have solid walls, are mounted on suitable
pilings, and provided further that it shall be designed to the satisfaction
of the Construction Official that the proposed design and construction
methods as applied to the particular site situation and time will
not:
D.
Necessary building and structures for public safety and convenience,
including first-aid stations, lifeguard stations, boardwalks and attached
buildings, comfort stations, piers, dune walkover structures and related
activities.
E.
Necessary shorefront protection and stabilization improvements, including
groins, bulkheads, and activities related to beach restoration projects.
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 the general penalty in Chapter 1, Article II, General Penalty, of the Borough Code.[1]
B.
In addition to the above penalties, the Seaside Park Beach Patrol,
Code Enforcement Officer, 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.
