[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
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 an 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 State of New Jersey, along with its political subdivisions and their inhabitants, has an interest in the continued protection and preservation thereof and in the restoration of them in the event of property damage or destruction.
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.
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 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.
It is the purpose of this chapter to define the areas so affected and to establish regulations to assure their continued effectiveness. This chapter 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 chapter, the following terms shall have the meanings 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 through the natural depositing of waterborne or airborne material. “Artificial accretion” is a similar build-up of land by reason or an act of man, such as the accretion formed by a breakwater or beach fill or where deposited by mechanical means.
- Sloping, unvegetated areas of sand that extend landward from the mean high-water line to the dunes, boardwalk, paved surface or private or public yard, street or sidewalk.
- DUNE DEVELOPMENT DISTRICT (DDD)
- An area located seaward of the boardwalk delineating a beach zone presently without dunes. The width of the DDD will extend an average of 30 feet from the boardwalk line toward the ocean. Placement of fence and planting of vegetation will be completed in an effort to trap windblown sand and develop a dune. The DDD is considered to have dynamic boundaries which move in response to seasonal winds and storms. Consequently, the boundaries of the DDD will be reviewed every 12 months and following any storm which damages large portions of the district. The boundary review process will be conducted by the Borough Council, Environmental Advisory Committee and, if possible, representatives of the New Jersey Department of Environmental Protection, Division of Coastal Resources.
- DUNE LINE
- That certain line which shall consist of a series of connected points closest to the ocean which are 100 feet landward from the seaward side of the dunes or 100 feet landward from the westerly side of the boardwalk line.
- 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.
- FUNCTIONAL DUNE
- A dune between the westerly edge of the boardwalk line and the dune line which is protected by an approved bulkhead meeting Borough and state standards for construction and elevation.
- MEAN SEA LEVEL
- 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 DUNE
- A wind- or wave-deposited formation of vegetated or drifting windblown sand, generally parallel and landward between the inland limit of 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 natural dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development. A “natural dune” shall not include loose windblown sand found in a street or on a part of a structure as a result of storm activity.
- 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.
- SAND FENCE
- 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. It shall include but not be limited to the commercial variety of light, wooden picket fence held together by wire and secured by posts.
- SHOREFRONT PROTECTION AREA
- This means that the area which extends from the mean high-water line to the dune line, as herein before defined.
Within beach 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, except, upon the approval of the governing body. The following uses may be permitted:
Open space, beach or water recreation.
Boardwalks and steps to permit access across the dunes to the beach, without damage to the dunes themselves.
Sand fences to encourage the accumulation of sand.
Pavilions or similar small platforms less than 400 square feet in an area, provided that they do not have solid walls, are mounted on suitable pilings and provided, further, that it shall be established to the satisfaction of the Construction Official that the proposed design and construction methods, considering the totality of the circumstances, will not:
Necessary buildings 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.
Necessary shorefront protection and stabilization improvements, including groins, bulkheads and activities related to beach restoration projects.
The operation of specially permitted and licensed vehicles for recreational purposes only.
Within a functional dune area, no person may modify his property in any way which would result in an elevation at the bulkhead line or the ocean side setback line, less than the minimum established by the Borough’s Construction Codes and any applicable state code.
Within a functional dune area, a property owner may remove clean windblown sand, to the extent permitted by state regulations. Such removed sand must be deposited easterly of his property line or the boardwalk.
Within the natural dunes and dune development district areas, the following activities are prohibited:
The operation of any motor vehicle except in designated accessways.
The removal of sediment and native vegetation unless removal is part of site preparation, and the removed vegetation shall be replanted where conditions permit.
Placement of nonliving trees, brush, shrubs and other debris.
Pedestrian or vehicular traffic on or over dunes or sand fencing.
Removal, mutilation or destruction of sand or sand fencing unless removal is part of site preparation, and shall be replaced where conditions permit.
Within a shorefront protection area, except as permitted elsewhere in this chapter, 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.
No person shall build or maintain an outdoor fire on any beach or other public or private property within the Borough of Lavallette.
“Regulated activities” shall mean and include:
The construction, relocation, modification, expansion or demolition of any temporary, mobile or permanent structure subject to applicable building standards.
The removal, excavation, filing or deposition of any soil, mud, sand, gravel or other material except as noted hereinafter.
The construction, reconstruction or major repair of any public facilities, including but not limited to roads, sewers, bridges, electric power, telephone, gas and water lines.
The construction of pipelines and other linear development.
The designation and development of accessways and pedestrian paths and walkways through dunes.
“Regulated activities” does not mean or include:
The operation of motor vehicles by government agencies for public safety, beach maintenance and emergency purposes.
The operation of motor vehicles outside of beach and dune areas.
The repair of any existing structure, provided that such repair is authorized by a construction permit and does not conflict with any other provision of this Code.
The removal of sand from a designated driveway or accessway within the shorefront protection area.
Any sand deposited by action of wind or water on private and/or public properties between the dune line and Route 35 north may be removed but must be deposited east of the bulkhead line and/or boardwalk.
The following standards shall apply within the shore protection area:
All new buildings shall be designated and constructed to remain in place under flood conditions in accordance with the current provisions of the Federal Emergency Management Agency’s National Flood Insurance Program and their rate maps as enforced through the Borough Construction Official.
Construction standards of all new buildings and structures shall conform to the provisions of the State Uniform Construction Code and standards set forth in the National Flood Insurance Act.
The Construction Official shall review all construction permit applications, including new construction and substantial improvements to existing structures to assure that any such building activity conforms to applicable construction standards.
Any person, firm, corporation or public agency that shall be convicted of a violation of a provision of this ordinance shall, upon conviction whereof 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.
In addition to the above penalties, the Borough of Lavallette is hereby empowered to pursue such legal and equitable relief as may be necessary to abate any violation or enforce any condition of this chapter.