[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine 3-3-1982 by Ord. No. 28-1981. Amendments noted where applicable.]
This chapter shall be known as "Beach and Dune
Protection Ordinance."
A.
Certain portions of the beachfront and strand bordering
on the Atlantic Ocean the entire length of the oceanfront from 14th
Street North to the stone jetty on the north side of Absecon Inlet
have in the past suffered severely from damage caused by storms and
storm tides at which time the sea has encroached upon the land and
has caused serious damage to public and private property and has endangered
the safety and welfare of the public at large.
B.
The situation created along the beach by reason of
such storm tides and resulting damage has been so serious that many
thousands of dollars of both public and private funds have been expended
for the erection of bulkheads, sand fences and other devices intended
to prevent encroachment by the sea.
C.
It has been clearly demonstrated that well-established
and -protected sand dunes, together with berms, beaches and underwater
slopes of suitable configuration and of proper grade and height, are
a durable and effective protection against high tides and flooding
and against damage by the ocean under storm conditions and are the
natural protection of the coastal areas adjacent thereto, and the
state and its subdivisions and their inhabitants have an interest
in the continued protection thereof and in the right to restore them
in the event of damage or destruction.
D.
Ocean- and bayfront dunes are irreplaceable physical
features of the natural environment possessing outstanding geological,
recreational, scenic and protective value. Protection and preservation
in a natural state is vital to this and succeeding generations of
the citizens of the City and the state. The dunes are a dynamic migrating
natural phenomenon that help protect lives and property in adjacent
landward areas and buffer barrier islands and barrier beach spits
from the effects of major natural coastal hazards such as hurricanes,
storms, flooding and erosion. Natural dune systems also help promote
wide, sandy beaches and provide an important habitat for wildlife
species.
E.
Sand dunes are vulnerable to erosion by both wind
and water, but primarily by wind, since its attacks against the dunes
are sustained for substantial and frequently recurring periods of
time, whereas, if protected by typical berms, beaches and underwater
slopes, the dunes are attacked by water only at infrequent intervals.
The best available means of protecting said dunes against wind erosion
is by preventing indiscriminate trespassing, construction or other
acts which might destroy or damage said dunes and through the use
of native plantings, supplemented by sand fencing and other devices
designated to prevent the free-blowing of sand and the maintenance
of the surface tensions, root accumulations, normal contours and other
features found in typical natural dunes.
F.
The immediate dune and beach area are not capable
of rigid definition or delineation or of completely firm stabilization,
so that particular sites, at the time free of dunes, may, as a result
of natural forces, become part of the dune area necessary for the
continuation of the protection outlined above, and persons purchasing
or owning such property shall do so subject to the public interest
therein.
G.
It is the purpose of this chapter to define the dune
and shore areas so affected and establish regulations to assure their
continued effectiveness and to further the following objectives:
(1)
To protect human life and welfare.
(2)
To preserve the natural function of the dunes.
(3)
To minimize expenditure of public funds for erosion
control projects.
(4)
To minimize the destruction of existing beachfront
structures.
(5)
To minimize damage to public facilities and utilities
such as sewer, water, streets, etc.
(6)
To preserve endangered and threatened wildlife.
(7)
To facilitate the management, maintenance, restoration
and reconstruction of the existing dune system.
H.
The erosion of the beachfront has created an immediate
and imminent threat and danger to life of persons and property in
the City of Brigantine by reason of the destruction of the sand barrier
which protects the City's oceanfront on both public and private property
within the City of Brigantine.
I.
The interference with or the depletion of the beach
and sand dunes tends to permit encroachment by the sea, and conditions
recited above make it imperative that the governing body regulate
and control the removal of sand from the beach or dunes or any other
interference with or depletion of the protective barrier on the oceanfront
of the City of Brigantine.
As used in this chapter the following terms
shall have the meanings indicated:
Includes either natural or artificial accretion. "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 groin, breakwater or
beachfill, deposited by mechanical means.
That zone of the shore or beach lying between the foreshore
and dune area and normally acted upon by waves only during severe
storms, especially when combined with exceptionally high waters.
A land form consisting of single or multiple elongated sand
ridges, dunes, vegetated zones and marsh terraces rising above mean
sea level, running generally parallel to the coast, but separated
from it by lagoons or inlets.
The zone of unconsolidated material that extends landward
from the low-water line to the place where there is a marked change
in the material of physiographical form, i.e., dune or bulkhead. It
includes the foreshore and backshore.
An augmented version of the Dune and Shore Management Plan
delineating existing vehicular and pedestrian accessways to be either
maintained or closed and restored. This plan also delineates dune
fields to be restored or reconstructed due to elevation, location,
vegetative condition or absence of dune formation.
A nearly horizontal part of the beach, or backshore formed
by the deposit of material by wave actions.
A structure or partition constructed of timber, sheet piling,
rock, etc., designed to retain or prevent sliding of the land or protect
the uplands against erosion due to wave action.
Any application made under Chapter 198, Land Use, or any other law to the Planning Board or Zoning Board of the City of Brigantine, for site plan approval, for subdivision approval or for variances of any kind or type or any application to the Construction Code Official of the City of Brigantine for a building permit.
[Added 4-2-1986 by Ord. No. 7-1986]
An artificial boundary delineating the various districts
and area contained within the Dune and Shoreline Management Plan and
the developed community. This line shows the extreme limit of allowable
development along the shore prior to intrusion into the existing dune
fields and beaches.
A topographic survey of the dune fields and beaches delineating
the following districts: Dune Maintenance District, Dune Reconstruction
District, Dune Restoration District, development restriction line,
special areas (City and private) and least tern nesting area.
The area actually or normally occupied by dunes. For purposes
of this chapter, it shall be construed to include its actual dimensions.
The point or line where the dune's highest elevation is located.
A row of dunes, which may blend in with a berm or berms,
which blend in with each other, are roughly parallel to the ocean
and serve as a protective barrier against the elements.
An artificial area delineating dune fields containing two
or more dune ridges and having a greater width than 400 feet. The
dune surface is stabilized by natural vegetation.
An artificial area delineating a discontinuous dune field
or beach area without dunes, poorly developed, unstable and less than
75 feet in width.
An artificial area delineating a dune field containing one
or more dune ridges which may be discontinuous between the beach and
upland structures and having a width of less than 300 feet.
Systems or formations of drifting windblown material, usually
sand, which are upland of the beach and oriented roughly parallel
to the shoreline. These formations may be natural or of human origin
and are usually stabilized with natural vegetation. The term "dune"
includes all areas between the inland limits of the dry sandy beach
and the foot of the most inland slope. Dunes include the following
subcategories:
FOREDUNE or PRIMARY DUNESThe front dunes immediately behind the backshore of the beach.
PRIMARY BACKDUNES and SECONDARY AND TERTIARY DUNESThe backslope of the foredune; extends from the dune ridges immediately landward of the foredune to the inland toe of the most inland slope.
MIGRATING DUNESDunes which have changed location through the course of time.
ARTIFICIAL DUNESAccumulation of sediment in dune form which have been built by any nonnatural process such as bulldozing or sand fencing.
STABILIZED DUNESDunes maintained in a fixed location by artificial means.
DUNE FIELDSInclude but are not limited to any combination of dune types previously defined.
The wearing away of land by the action of natural forces;
on a beach, the carrying away of beach materials by wave action, tidal
currents, littoral currents or by deflation.
The part of the shore lying between the crest of the seaward
berm and the ordinary low-water mark and that is ordinarily traversed
by the uprush and backrush of the waves.
A shore protection structure built (usually perpendicular
to the shoreline) to trap littoral drift or reduce erosion of the
shore. A "groin field or system" is a series of "groins" acting together
to protect a section of beach.
A structure extending into a body of water and designed to
prevent shoaling of a channel by littoral materials and to direct
and confine a stream or tidal flow.
A special area overlaying the Dune Maintenance District which
designates the nesting habitat of the least tern, between the backshore
and foredune, to be protected from human disturbance and encroachment.
Includes the term "sea level" and refers to the 1929 sea
level datum as established by the United States Coast and Geodetic
Survey.
Includes the terms "native vegetation" and "indigenous vegetation."
Specifically, it shall mean such plants as beach grass (ammophila
brevigulata), dusty miller (artemisia stelleriana), hudsonia (hudsonia
tomentosa), sea rocket (cakile endentula), seaside goldenrod (solidago
sempervirens), bayberry (myrica pensylvanica) or beach plum (prunus
maritma) which normally grow or may be planted on the slopes of dunes
or behind them; no distinction is made as to how such plants are introduced
into their locations.
Specific permission granted to an applicant to carry out the activities described in any application brought pursuant to § 101-7 of this chapter, first made to the City Engineer of this City. No permit shall be effective unless formal permission for the requested activity is granted by resolution or by ordinance of the City of Brigantine.
[Added 4-2-1986 by Ord. No. 7-1986]
Includes the term "snow fence." A form of barricade established
in a line or pattern along the backshore or within the dune field
for the express purpose of accumulating sand to aid the formation
of dunes. The sand fence shall be a picket type, i.e., a commercial
type of light, wooden fence, four feet in height, held together by
wire and secured by posts. Alternate forms of barricades may be utilized
only with the approval of the City Engineer.
[Amended 5-5-1982 by Ord. No. 20-1982]
The face or surface of the dune or berm going from its crest
or plateau away from the ocean.
An artificial area either overlaying or adjoining dune districts
delineating properties in either public or private ownership warranting
special consideration in either future development or assessment.
No development application shall be made for development of privately
owned property designated as, or claimed to be a special area, without
an application being first made to the Board of Commissioners of the
City of Brigantine a permit to develop the same area.
[Amended 4-2-1986 by Ord. No. 7-1986]
Within the districts as delineated within the
Dune and Shoreline Management Plan, all construction activities are
prohibited, with the following exceptions:
A.
Shore protection projects such as construction of
bulkheads, jetties or groins, as approved and/or undertaken by the
City; Bureau of Shore Protection, Division of Coastal Resources, New
Jersey Department of Environmental Protection; or Department of Army,
Corps of Engineers.
B.
Dune management programs designed to either maintain,
restore or reconstruct the existing dune fields, such as supplemental
plantings of natural vegetation, placement of sand fencing, construction
of artificial dunes of berms or any other programs that may be approved
by the City.
A.
Access to the beaches and dune fields in all districts
delineated by the Dune and Shoreline Management Plan shall be limited
to those accessways shown on the Beach Access Plan. No accessway across
a dune field shall be constructed by a private owner without a permit
issued by the City.
B.
The development of beach access structures which protect
the dune fields and structures, as well as natural and artificial
means used to stabilize said dune fields and structures is hereby
encouraged by this chapter. In addition to those beach accessways
shown in the Beach Access Plan, the City of Brigantine may, from time
to time, require and request the development of additional beach access
structures. In any development application, the Planning Board or
Zoning Board shall require that persons seeking to develop property
adjacent to the dune restriction line for multifamily or commercial
uses erect beach accessways at the cost and expense of the applicant.
Beach accessways should be constructed in such a manner as to protect
the right of public access to the beaches. In cases where the most
appropriate accessway is determined to be at or emanating from a street
end, the Planning Board, Zoning Board or City shall require that the
applicant erect, own and maintain such accessways on an easement and
under a declaration of covenants and restrictions agreed to by the
applicant and the City. In the case of single lots for development
of single-family structures, the Construction Official shall refer
the applicant to the Board of Commissioners for determination as to
whether the erection of any beach accessway should be required.
[Added 4-2-1986 by Ord. No. 7-1986]
The City may erect or require the construction
of fencing in and along the districts delineated by the Dune and Shoreline
Management Plan as may be necessary to accomplish the purposes of
this chapter and provide or require suitable markings to identify
the same. Persons may enter such areas only to carry out the purposes
of this chapter. Where walkways or boardwalks exist, the dune shall
be suitably bordered with fences to prevent damage to the dunes or
berms which they cross.
A.
No individual, firm or corporation shall authorize
or participate in any manner in the moving or displacement of sand
within the districts as delineated by the Dune and Shoreline Management
Plan except to protect improvements adjacent thereto or to restore
such improvements to their prior condition.
B.
Prior to such activity, a permit shall be obtained
pursuant to an application to the City Engineer which shall contain
the following information:
(1)
The name and address of the applicant.
(2)
The location of the sand to be moved or displaced.
(3)
The nature and purpose of the proposed moving or displacement.
(4)
The proposed method by which the applicant desires
to move or displace the same, including a description of the equipment,
machine or other apparatus to be used.
(5)
An estimate in terms of cubic yards as to the quantity
of sand to be moved or displaced.
(6)
A topographic map of the area to be disturbed, including
areas adjacent thereto, with the final contours which will be established.
(7)
A statement in detail indicating satisfactory methods
of stabilization, including a time schedule.
(8)
Such other information as may be reasonably required
by the City Engineer.
C.
This section shall not be applicable to the City.
A.
All permits shall be issued by the City Council of the City of Brigantine,
in the form of a resolution, for temporary activities on City-owned
properties, or in the form of an ordinance granting an easement over
City-owned properties, for permanent activities on City-owned properties,
or in the form of an ordinance granting an easement over City-owned
properties, for permanent activities. Permits shall be issued by resolution,
on privately owned properties, within the area delineated by the Dune
and Shoreline Management Plan only for those activities permitted
by this chapter.
[Added 4-2-1986 by Ord. No. 7-1986; amended 10-3-2018 by Ord. No. 23-2018]
B.
No such permit shall be issued without a determination
by the City Engineer, based upon an inspection of the area involved,
that such removal will not create or increase a danger or hazard to
life or property. No permit will be granted if the proposed moving
or displacement will:
(1)
Adversely affect the littoral drift in the districts
delineated by the Dune and Shoreline Management Plan.
(2)
Result in a reduction of dune protection as provided
for in the Dune and Shoreline Management Plan.
(3)
Interfere with the general configuration of the districts
as delineated by the Dune and Shoreline Management Plan.
C.
No permit will be granted for, and it shall be unlawful
for any individual, firm or corporation to authorize or participate
in the following activities within the area delineated by the Dune
and Shoreline Management Plan:
A.
Any person, partnership, corporation, public agency
or other entity who violates any provision of this chapter shall be
subject to a fine of not more than $1,000 per violation and not more
than 90 days in jail, or both, and each day in which such violation
continues shall constitute a separate violation or offense.
[Amended 12-28-1992 by Ord. No. 28-1992]
B.
Notwithstanding the foregoing provision, the City
Engineer is empowered to pursue such equitable and legal relief as
may be necessary to abate any violation of this chapter. In the event
that the violation involves either the movement of or disturbance
of sand or conduct in violation of any permit issued hereunder, the
City Engineer is hereby empowered to issue a stop-work order, in addition
to pursuing any legal or equitable remedy hereunder. In addition to
the foregoing remedies, the City may compel replacement or reestablishment
of any sand or vegetation illegally removed or disturbed and, in the
event that such establishment or replacement is performed by the City,
to maintain an action for the recovery of the cost thereof and to
impose a lien for such costs on any lands within the City of Brigantine
owned by the responsible party.
[Amended 12-28-1992 by Ord. No. 28-1992]
A cash bond of not less than $1,000 shall be deposited by the applicant at the time of issuance of a permit. The actual amount of said bond shall be determined by the City Engineer, based upon the scope of work. An engineering fee as set forth in Chapter 210, Mercantile Businesses, Article II, Fees Schedule, shall be paid to the City to defray the cost of engineering inspections. The bond shall be refunded upon the City Engineer's approval of the work which has been done. If the work has not been done in compliance with the specifications contained in § 101-11 hereof, the City shall have the right to have the work done as so required, charging the cost thereof against the bond. Any portion of the deposit remaining unused for such purpose shall be returned to the applicant. No interest will accrue on funds deposited as a performance guaranty.
Specifications for moving or displacement of
sand shall be as follows:
A.
The applicant or the applicant's contractor shall,
in the process of performing work on the dune, maintain the elevation
of the dune as established by the City Engineer.
B.
The applicant shall be required to preserve all existing
dune grass during the course of any construction work, removal or
displacement of sand within the dune field. The reestablishment or
transplanting of dune grasses shall be required in all disturbed areas.
These grasses shall be American beach grass (ammophila breviligulata)
and planted in conformance with the current standards of the United
States Department of Agriculture Soil Conservation Service. Reference
is made to Technical Note NJ-25, Guide for Dune Protection, New Jersey,
dated October 1978.
[Amended 5-5-1982 by Ord. No. 20-1982]
C.
The applicant shall place a one-inch mat of salt hay
over the entire area of the portion of the dune which has been disturbed
during construction.
D.
Where required, in lieu of or in addition to the planting
of dune grasses, the applicant shall install sand fencing. Said fencing
shall be set in a parallel row or rows in the backshore area and along
the foredune according to the specification of the City Engineer.
[Amended 5-5-1982 by Ord. No. 20-1982]
E.
The applicant shall notify the City Engineer 72 hours
prior to the start of any construction or work.
F.
The applicant will be notified within 15 workdays
from the date of the application or when a completed application was
submitted as to whether a permit will be granted or denied.
G.
Where, by the action of high winds and/or tides, sand
is blown or washed upon the lands, including street ends, lying westwardly
from the dune line, said sand shall be placed only on the backshore
area.
[Amended 5-5-1982 by Ord. No. 20-1982]
A.
There is hereby made a part hereof by reference, as
though specifically included, the following:
(1)
The Dune and Shoreline Management Plan as set forth
and delineated in Section III of the Dune and Shoreline Management
Plan prepared for the City of Brigantine by Pennoni Associates, Inc.,
consisting of an index map and 16 pages dated June 24, 1981, and revised
August 13, 1981.
(2)
The Beach Access Plan prepared by Pennoni Associates,
Inc., consisting of 16 pages dated August 14, 1981.
B.
These plans are considered to be supplemental to the
official Zoning and Tax Map previously adopted by the City, all of
which are on file in the office of the Clerk.
[Amended 5-5-1982 by Ord. No. 20-1982]
This chapter shall take effect immediately upon
final passage and publication as provided by law but shall not be
deemed to affect any project for which Planning Board approval has
been previously granted.
[Added 10-3-2018 by Ord.
No. 23-2018]
There is hereby established in the City of Brigantine a dune
vegetation maintenance permit (DVMP) which certain property owners
who qualify pursuant to this chapter may seek application for and
receive from the City. Such permits will be issued by the Office of
the City Engineer of the City of Brigantine.
[Added 10-3-2018 by Ord.
No. 23-2018]
A.
A private property owner may apply for a dune vegetation maintenance
permit if such property owner owns property that is consistent with
one of the following categories:
(1)
The property owner owns property that is contiguous to the dunes;
(2)
The property owner is an owner of property, which property is contiguous
to City-owned facilities and which facilities are contiguous to the
City-owned dunes;
(3)
The property owner owns property that is on a public right-of-way,
which public right-of-way is contiguous to dunes directly across the
right-of-way from the private property;
(4)
A property owner who owns property directly across the public right-of-way
contiguous to a City-owned parking lot, which is then contiguous to
the City-owned dunes.
B.
Such property owners shall make application to the City for the dune
vegetation maintenance permit through the Office of the City Engineer
on a form provided by the City Engineer or his or her designee.
A.
Work area. The work area for maintenance of dunes is restricted to
an area within two parallel lines, perpendicular to the shoreline,
extended from the property corners to the lesser distance from the
access road or crest of the primary dune.
B.
The nature of work. The types of work and maintenance that may be
conducted pursuant to the permit are described on the application
form to be provided to the property owner by the City Engineer, or
his or her designee. Conditions and restrictions have been approved
by resolution by the City Council and may, from time to time, be amended
by City Council to resolution.
C.
Time for vegetative maintenance. Maintenance work that is being performed
pursuant to the dune vegetation maintenance permit must be performed
and completed between October 1 and April 30. No work is to be performed
later than April 30.
[Amended 2-20-2019 by Ord. No. 2-2019]
A.
All applications for a dune vegetation maintenance permit are to
be reviewed by the City Engineer, or his or her designee, who shall
review such application, and as appropriate, approve such application,
it being the intention of this chapter that the Engineer, or his designee,
shall have final approval authority.
B.
The approval authority provided to the office of the City Engineer is herein provided for notwithstanding any other section of Chapter 101 of the City Code.
C.
The City Engineer's office shall be notified 48 hours prior
to the start of proposed work. Work cannot begin on-site until there
has been an on-site meeting between the City Engineer, or his or her
designee, and the contractor employed by the owner. Upon conclusion
of the work, the office of the City Engineer will be advised and the
City Engineer's office will perform a final inspection and close
out.
At the time of the filing of the application for dune vegetation
maintenance permit, the property owner shall pay a fee to the City
in an amount provided for on the permit application form. Specific
additional fees may be imposed by the City for certain tasks and maintenance
functions, which additional fees shall be identified and provided
for in the application.
