[Adopted 8-2-1974 as Ch. 13 of the
1974 Code]
A.
It has been clearly demonstrated that effective protection
of the oceanfront and adjacent coastal areas against high tides and
flooding and against damage by the ocean under storm conditions requires
sufficient elevation and breadth in the dune area hereinafter defined,
together with berms, beaches and underwater slopes of proper grade,
height and configuration to dissipate the force of the waves, and
the state and its subdivisions and inhabitants have an interest in
the continuous protection thereof and in the right to require, regulate,
build and restore such protective measures or devices as may be deemed
necessary by the governing bodies thereof.
B.
Dune areas are vulnerable to erosion by both wind
and water, but primarily by the wind, since its attacks against the
dune areas are sustained for substantial and frequently recurring
periods of time, whereas, if protected by typical berms, beaches and
underwater slopes, the dune areas are attacked by water only at infrequent
intervals. The best available means of protecting dune areas against
wind erosion is by preventing indiscriminate trespassing, construction
or other acts which might destroy or damage the dune areas, and through
the use of native plantings supplemented by sand fencing and other
devices designed 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 dune areas.
C.
The beach dune areas hereinafter defined are necessary
for the continuation of the protection above outlined, and persons
owning or purchasing property within the beach dune areas do so subject
to the public interest therein.
It is a purpose of this Article to define the
areas so affected and to establish regulations to assure their continued
effectiveness.
[Amended 4-1-2019 by Ord.
No. 19-09C]
The definitions set forth in Chapter 205, as well as the following definitions, shall apply to this chapter:
The zone of unconsolidated material (e.g., sandy or pebbly)
that extends landward from the low-water line to the place where there
is marked change in material or physiographic form, i.e., dune or
bulkhead.
[Added 11-5-2018 by Ord.
No. 18-30C]
The district set off by this chapter to include all areas
bounded on the southeast side by the Atlantic Ocean and on the northwest
side by a line parallel with and 150 feet northwesterly from the oceanfront
building line or by the nearest north-south street, whichever is the
lesser distance.
A line established by the Township Engineer as shown on maps
of the Township, approved by resolution of the Board of Commissioners
and on file as public records in the office of the Township Clerk.
The area actually or normally occupied by dunes, whether natural dunes or man-made dunes. For the purpose of Articles I and II of this chapter, it shall be construed to include its actual dimensions but not less than a minimum of 14 feet elevation above mean sea level at the bulkhead line, and a minimum of 16 feet elevation above mean sea level at the oceanfront building line. The said heights are also defined as being consistent with the elevation data used on the current Flood Insurance Rate Map 12.7 NAVD 1988 elevation at the bulkhead line and a minimum of 14.7 NAVD 1988 at the oceanfront building line. The 1929 mean sea level datum elevations and the NAVD 1988 elevations are identical.
[Amended 7-5-2002 by Ord. No. 02-08C]
Includes the term "sea level" and shall refer to the 1929
Sea Level 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. The
term shall also include the 1988 North America Vertical Datum, which
is identical with the 1929 sea level datum referred to above.
[Amended 7-5-2002 by Ord. No. 02-08C]
All vehicles propelled otherwise than by muscular power,
except such vehicles as run only upon rails or tracks. The term includes
motorized bicycles and wheelchairs.
[Added 12-17-2018 by Ord.
No. 18-40C]
A line established by the Township Engineer as shown on maps
of the Township, approved by resolution of the Board of Commissioners
and on file as public records in the office of the Township Clerk,
which shall mark the easterly limits of any permissible building construction.
In no case shall the building line be less than 20 feet west of a
bulkhead line.[1]
[1]
Editor’s Note: The definition of “pronounced uniformity,”
added 12-16-2011 by Ord. No. 11-47C, which immediately followed, was
repealed 10-1-2018 by Ord. No. 18-28C.
A.
Construction of any type east of the oceanfront building
line, except protective works approved or undertaken by the Township,
county, state or federal governments, is prohibited.
B.
All construction may be built to the oceanfront building line, except
that the following shall apply:
[Added 4-21-1978 by Ord.
No. 78-10C; amended 8-21-2015 by Ord. No. 15-33C; 10-1-2018 by Ord. No. 18-28C[1]]
(1)
All construction of buildings, structures, and decks, as well as
any proposed expansion of the footprint of the foregoing, to the oceanfront
building line shall be required to either obtain a Coastal Area Facility
Review Act (“CAFRA”) permit which approves the construction
or obtain a jurisdictional determination from the state that a CAFRA
permit is not required. All documentation submitted to the state to
obtain either of the foregoing shall include surveys and plans depicting
all proposed buildings, structures, and decks included in all proposed
construction and expansion.
[Amended 4-1-2019 by Ord.
No. 19-09C]
(2)
The
easterly edge of all structures within the CAFRA approved footprint
at the property, including open deck extensions, constructed toward
the oceanfront building line shall not extend further than the prevailing
alignment of the adjacent structures within the same block. In blocks
that have less than two structures, the prevailing alignment shall
be governed by the immediately adjacent blocks. No construction, including
open deck extensions, shall result in disturbance, regrading, excavation,
filling, or removal of the existing dune.
[Added 3-1-2021 by Ord.
No. 21-05C; amended 8-2-2021 by Ord. No. 21-21C; 11-1-2021 by Ord. No. 21-29C]
[1]
Editor's Note: This ordinance also repealed former Subsection
C, Setbacks from oceanfront and developed neighborhoods, added 1-2-1987
by Ord. No. 87-4C.
Construction is permitted in the remainder of the beach dune area subject to the provisions of Chapter 205, Zoning, and subject further to the following restrictions and regulations:
A.
No dwelling or any part thereof shall be constructed
eastwardly of the oceanfront building line. Every application for
a building permit for construction within 100 feet of the oceanfront
building line shall be accompanied by a plot plan prepared by a licensed
engineer or surveyor showing the oceanfront building line, bulkhead
line, placement and elevations of the proposed structure and all existing
grades.
B.
All construction in this area must maintain the grades and elevations as set forth in the definition of dune area in § 51-3. In addition, such construction shall be accompanied by elevations which will maintain a straight decline westwardly from the oceanfront building line to the existing elevation of the westwardly adjacent graded lot or street, as the case may be. Where no street or graded lot exists within 150 feet of the building line, the decline shall be to a minimum of 12 feet elevation above mean sea level along a line 100 feet westward from the oceanfront building line and parallel therewith. The first floor of any structure shall be as per § 94-10B(1). The decline permitted in this subsection shall be to a minimum of 10.7 NAVD 1988, consistent with the elevation data used in the current Flood Insurance Rate Map, which elevation is identical with the 12 feet elevation based upon mean sea level as above set forth.
[Amended 7-5-2002 by Ord. No. 02-08C; 4-6-2015 by Ord. No.
15-13C]
C.
Excavation for purposes of placement of piling during
construction is permitted, provided that it shall not be greater than
a depth of 10 feet above mean sea level; and provided, further, that
such excavation shall not remain open longer than one week.[1]
[Amended 7-18-1997 by Ord. No. 97-16C]
[1]
Editor's Note: Former Subsection D, which
immediately followed this subsection, regarding bulkheads, was repealed
9-3-1993 by Ord. No. 93-15C.
D.
Any lot in the beach dune area that has the oceanfront building line traverse the property or has the easterly property lot line immediately adjacent to a non-buildable vacant lot or parcel of land located east of the oceanfront building line, shall be considered a lot fronting on the ocean and subject to the provisions of this chapter and Chapter 205. If the oceanfront building line does not traverse the property, then the maximum setback from the oceanfront shall be the easterly property lot line.
[Added 9-11-2015 by Ord.
No. 15-41C; amended 10-1-2018 by Ord. No. 18-28C]
[Amended 9-16-1988 by Ord. No. 88-22C; 4-8-1994 by Ord. No. 94-13C; 4-22-1994 by Ord. No. 94-17C; 7-20-2007 by Ord. No. 07-33C; 6-4-2010 by Ord. No.
10-21C; 3-5-2018 by Ord. No. 18-06C]
A.
Access to the open beach in the dune area shall be
obtained only across public street ends, private easements or along
properly constructed prefabricated rollaway and approved walkways.
Where approved walkways and steps are constructed in street-end extensions,
access shall be across such walkways and steps only.
B.
No walkways or steps, or combination thereof, shall
be approved or constructed to grant access to the beach on or across
any lot which has a boundary line or lot line within 100 feet of a
public street, public alley or easement running in a generally easterly-westerly
direction and giving access to the open beach.
C.
The provisions of Subsection B above prohibiting beach access on lots within 100 feet of a public street or public easement shall not apply where the owner of any oceanfront lot has executed the perpetual storm damage reduction easement required in order for the United States Army Corps of Engineers to undertake its beach protection and restoration program on Long Beach Township's oceanfront. The owner of such lot shall be permitted a rollover beach access walkway between the first of April and the first of November of any year. Such rollover walkways shall be rolled up and safely stored during the period December 1 through March 31 of each year. Such rollover walkways shall be constructed only pursuant to the provisions of § 64-17 of the Code of the Township of Long Beach.
(1)
During the period of December 1 through March 31 of each year, access
to the beach will only be allowed across public street ends or private
easements.
[Amended 1-23-2012 by Ord. No. 11-50C]
A.
The removal
of sand from the beach dune area is prohibited.
B.
The addition or depositing of sand in the beach dune area in general and in the dune area specifically is prohibited where the addition or depositing of such sand will raise the dune area to effectively provide for a higher first floor elevation permitted by Chapter 205 and/or to increase the height of the building, higher than the existing dune area, or higher than a minimum of 14 feet above the mean sea level at the bulkhead line and 16 feet above mean sea level at the oceanfront building line, whichever shall be lower.
[Amended 9-7-2022 by Ord. No. 22-20C]
[Added 7-1-1977 by Ord. No. 77-15C]
A.
No person shall authorize or participate in any manner
in the moving or displacement of sand within the beach dune area unless
a permit therefor shall have been issued pursuant to an application
in writing to the Board of Commissioners. The application shall contain
the following information:
(1)
The name and address of the applicant.
(2)
The location of sand to be removed 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 sand, including a description of the equipment,
machinery or other apparatus to be used.
(5)
The estimate in terms of cubic yards as to the quantity
of sand to be moved or displaced.
(6)
Such other information as may be required by the Board
of Commissioners.
B.
No permit shall be issued by the Code Enforcement
Officer without a determination by the Township Engineer based upon
an inspection of the area involved and a report thereon, filed with
the Code Enforcement Officer, that the removal will not create or
increase a danger or hazard to life or property. The Township Engineer
and the Code Enforcement Officer shall be the two signatures required
on the permit. No permit will be granted if the proposed moving or
displacement will:
[Amended 7-3-1981 by Ord. No. 81-14C; 7-18-1997 by Ord. No. 97-16C]
(1)
Adversely effect the littoral drift on the beach dune
area.
(3)
Interfere with the general configuration of the beach
dune area of the subject property or neighboring properties.
(4)
Take place between June 15 and the following Labor
Day. All work authorized shall be finished by June 15 and may be started
no earlier than Labor Day.
(5)
A deposit of $1,500[1] shall be made by the applicant at the time of the issuance
of the permit. Such deposit shall be refunded upon the Township Engineer's
approval of the work which has been done. If the work has not been
done in compliance with the specifications contained in this subsection,
the Township shall have the right to have the work done as so required,
charging the costs thereof against the deposit. 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.
[Amended 10-7-1988 by Ord. No. 88-25C]
C.
Specifications for moving or displacement of sand
shall be as follows:
(1)
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 Township Engineer.
(2)
The applicant shall preserve the existing dune grass
and replant the dune grass after the final grading has been completed.
In no case will the coverage of dune grass be less than 12 inches
on center in any direction. All new plantings are to be fertilized
with a suitable fertilizer.
(3)
The applicant shall place a one-inch mat of salt hay
over the entire area of the dune which has been disturbed during construction.
(4)
The applicant shall install new sand fence along the
center line of the dune and position the sand fence so that it conforms
with the alignment of existing sand fence installations to the north
and south.
(5)
The applicant shall notify the Township Engineer and
the Township Code Enforcement Officer 24 hours in advance of the time
that construction work will start. The applicant's contractor shall
work in a diligent manner and shall fully complete the restoration
within 10 days after the start of work.
[Added 7-1-1977 by Ord. No. 77-15C]
No permit will be granted for and it shall be
unlawful for any person to authorize or participate in:
A.
The removal of sand from the beach dune area or from any street end without a permit pursuant to § 51-9.
[Amended 7-18-1997 by Ord. No. 97-16C]
B.
The removal or destruction of natural vegetation within
the beach dune area. When a permit is granted to reduce the height
of the dune, the applicant shall preserve the existing dune grass
and replace it on a new level.
[Added 7-1-1977 by Ord. No. 77-15C; amended 8-16-1991 by Ord. No. 91-23C]
Each application for a permit under the provisions
hereof shall be accompanied by a fee of $350, which sum shall include
payment for inspection by the Township Engineer and the processing
of the application for a permit. However, the property owner shall
be responsible for the retention and payment of his or her own licensed
professional engineer for the filing of the application in conformity
with the requirements of the application for a permit under the terms
and the provisions of this section.
[Added 7-20-1979 by Ord. No. 79-12C; amended 1-22-2010 by Ord. No. 10-01C]
A.
Since July 20, 1979, with the adoption of Ordinance No. 79-12C, the oceanfront dune area from the bulkhead line west has been required to maintain an elevation of 14 feet above mean sea level at the bulkhead line and an elevation of 16 feet above mean sea level at the oceanfront building line. The current elevation is now referred to by the 1988 North America Vertical Datum rather than "mean sea level" but the elevation remains the same. Experience has shown that from time to time lands located on the oceanfront in the dune area lying generally both eastwardly and westwardly of the bulkhead line, heretofore established along the oceanfront in the Township of Long Beach, are subject to erosion and destruction to such extent that the governing body of the Township of Long Beach is able to determine, based upon survey data supplied by the Long Beach Township Engineer, that the dunes in the dune area require restoration and repair. Where the governing body of the Township of Long Beach, based upon such information provided by the Long Beach Township Engineer, determines that restoration and repair are necessary, the said Township of Long Beach may order the property owner of lands lying between the building line, as heretofore established by the Township of Long Beach, and the mean high water line of the Atlantic Ocean to make all necessary restoration and repair in order that the dune area may be protected and preserved to meet the specifications hereinbelow set forth in Subsection B.
[Amended 3-19-2010 by Ord. No. 10-08C]
B.
Where the Township of Long Beach may have occasion
to determine that such restoration and corrective work is required,
the restoration work shall be accomplished in such a way that the
elevation at the bulkhead line shall be 14 feet above sea level as
determined by the 1988 North America Vertical Datum. The protective
dune or berm maintaining the said elevation of 14 feet NAVD 1988 shall
be created with a slope of 1 to 5 rising to elevation 16 NAVD at the
building line and as closely as possible as a slope of 1 to 5 going
in an eastwardly direction to the flat beach area lying generally
between the easterly toe of the oceanfront dunes and the mean high
water line of the Atlantic Ocean and in a westwardly direction the
dune slope shall be a uniform slope to the westerly toe of the dune,
which westerly toe of the dune shall be no less than 150 feet westwardly
of the building line.
[Amended 3-19-2010 by Ord. No. 10-08C]
C.
Where the Township of Long Beach through its governing body, Board of Commissioners, determines that restoration and repair is necessary, it shall be the obligation of the property owner owning the fee title to such property to make the restoration and repair work in accordance with plans and specifications prepared by the Long Beach Township Engineer. The Board of Commissioners shall, where it determines that such restoration work is required, serve a notice upon the owner of the underlying fee title to the property located in the dune area by United Parcel Service Ground at the property owner's address as shown on the tax duplicates of the Township of Long Beach. The notice shall require the owner to install such corrective and restorative work to restore the dune from the bulkhead line to the building line and restore the dune from the bulkhead line in an eastwardly direction all in accordance with the requirements and specifications of Subsection B above.
D.
Upon receiving
notice of restoration and repair, the property owner shall within
15 days make application to the Building Department of the Township
of Long Beach on a form to be enclosed with the notice sent pursuant
to this section which application form shall require the owner to
include a description of the restoration and repair to be made, identifying
the contractor to be utilized by the property owner for such work.
Property owners performing such restoration and repair work shall
be responsible for obtaining any and all other permits as may be required
by state or federal law. The application shall be reviewed by the
Township Engineer who promptly shall approve or disapprove the same
and upon approval the Building Department of the Township of Long
Beach shall issue a notice to proceed to the property owner forwarded
in the same manner as the original notice to make restoration and
repair. All work shall commence within 10 days of the issuance of
the notice to proceed and shall be completed within 30 days after
commencement of the work.
E.
In the
event that any such property owner does not make application within
15 days to undertake the necessary restoration and repair work or
does not commence such work within 10 days of the issuance of the
notice to proceed, or if such work is not completed within 30 days
after commencement of the work, the Township of Long Beach may, in
the sole discretion of the Board of Commissioners, proceed to do the
necessary restoration and repair work and the Township Engineer shall
certify to the Board of Commissioners the costs of such work and upon
receipt of the certification of such costs the Board of Commissioners
shall examine the same and upon approval shall cause the cost as shown
on such certification to be charged against the property on which
the restoration and repair work was done by the Township of Long Beach
and assess the same against the owner of the Township pursuant to
New Jersey Assessment Law and the charge shall then become a lien
upon such lands and shall be added to and become and form part of
the taxes next to be assessed and levied upon said lands, the same
to bear interest at the same rate as other taxes. Such liens shall
be collected and enforced by the Tax Collector of the Township of
Long Beach.
F.
Where any
oceanfront owner has executed a deed of dedication and perpetual storm
damage reduction easement to the Township of Long Beach, which document
has been accepted by the Township of Long Beach and the State of New
Jersey Department of Environmental Protection and duly recorded in
the Ocean County Clerk's Office at Toms River, New Jersey, since the
execution of such deed of dedication and perpetual storm damage reduction
easement transfers the obligation of maintenance, restoration and
corrective work from the property owner to the Township of Long Beach
and from the Township of Long Beach to the United States Army Corps
of Engineers pursuant to the terms of the said deed of dedication
and perpetual storm damage reduction easement and the understanding
entered into by and between the Township of Long Beach, the New Jersey
Department of Environmental Protection and the United States Army
Corps of Engineers, such owner shall be exempt from the requirements
for restoration and repair work required by this section.
G.
Maintenance of United States Army Corps of Engineers dune. The United
States Army Corps of Engineers, through extensive analysis, determined
that a twenty-two-foot dune elevation (NAVD 1988) with a one-hundred-twenty-five-foot
width of berm or flat beach extending from the easterly toe of the
dune to the mean high-water line of the Atlantic Ocean, with periodic
nourishment every seven years, provided the maximum net storm-reduction
benefits. Long Beach Township has determined that, upon completion
of the Long Beach Island Storm Damage Reduction Project, oceanfront
property owners may, subject to the provisions herein provided, groom
and maintain the berm or dune to maintain an elevation of 22 feet
as referenced by the 1988 North America Vertical Datum.
[Added 5-7-2010 by Ord. No. 10-19C]
(1)
Special permit. A special permit shall be required, which shall be
secured from the Long Beach Township Building Department on an application
provided by the Long Beach Township Engineer.
(a)
The application shall be accompanied by a profile prepared by
the applicant's engineer to be approved by the Long Beach Township
Engineer.
(b)
Prior to commencement of work, the applicant's engineer shall
stake out elevations of the proposed finished grades, which stake-out
shall be inspected and approved by the Long Beach Township Engineer
prior to the issuance of the permit.
(c)
The application shall be accompanied by a performance bond in
such amount as the Long Beach Township Engineer may require to ensure
completion of the work.
(d)
The application shall set forth:
[1]
The dates during which the work shall be done, which dates must
be approved by the Long Beach Township Engineer.
[2]
The name and address of the applicant.
[3]
The lot and block on which the work is to be done.
[4]
The proposed method by which the applicant desires to move or
displace the sand, including a description of the equipment, machinery
and other apparatus to be used.
[5]
An estimate of cubic yards of sand as to the quantity of sand
to be removed or displaced.
[6]
Any other information which may be required by the Long Beach
Township Engineer in order to ensure safe and effective grooming of
the dune or dike.
(e)
The application and the specifications provided by the applicant's
engineer shall indicate in detail where displaced sand will be placed.
(f)
After the dune or berm has been groomed to a height of 22 feet
as referenced above, it shall be planted with dune grass or American
beach grass as specified by the Long Beach Township Engineer.
(g)
All sand removed or displaced during the grooming process shall
be placed easterly of the toe of the dune or berm.
(h)
Construction work will only be permitted during that period
of time when dune grass or American beach grass is available to plant
and stabilize the dune after it has been groomed. In no event shall
the work be performed prior to October 1 nor after November 30 of
any year.
(2)
Disposal of displaced sand which has blown and been deposited west
of the oceanfront bulkhead line.
(a)
Sand which has blown from the beach or the top of the dike or dune onto an oceanfront property owner's lands west of the bulkhead line may, upon receipt of a permit applied for by the oceanfront owner as hereinabove provided for in Subsection G(1), be removed and deposited on the beach area east of the bulkhead line.
[Added 7-1-1977 by Ord. No. 77-15C]
A.
The Township Engineer shall, by such surveys and calculations
as he or she finds necessary, locate the beach dune areas as defined
in this article and plot the same on a plan of the Township, which
plotting, or copy thereof, shall be on file in the office of the Township
Clerk and available for inspection. He or she shall from time to time
make any corrections in his or her findings and plottings that changes
in the natural or artificial features of the terrain may justify or
require.
B.
The Code Enforcement Officer is designated as the
person responsible for the enforcement of this section.
A.
Bulkhead and oceanfront building lines defined. The
Township Engineer shall plot the bulkhead line and the oceanfront
building line, as defined in this article, upon a plan of the Township
and submit the plan to the Board of Commissioners for its approval.
B.
Public record. The approved plan, or a copy thereof,
shall be on file in the office of the Township Clerk and available
for inspection.
C.
Inclusion in Tax Maps. The bulkhead line and the oceanfront
building line shall be included in all Tax Maps and Zoning Maps of
this Township published after April 16, 1965.
D.
Copy of regulations furnished to each applicant. A
copy of the provisions of this article shall be furnished to each
applicant for a building permit to effect any construction within
the beach dune areas of Long Beach Township.
E.
Enforcement. The Code Enforcement Officer, with the
assistance of the Police Department, is designated as the person responsible
for the enforcement of this article.
Should any provision of this article as applied
to any specific parcel of land be adjudged by any court of competent
jurisdiction to be a taking within the meaning of the statutes relating
to the exercise of the power of eminent domain, the Township may,
at its option, if the public safety, welfare or need so requires,
pay into court or otherwise secure the value of the land and proceed
to take title to the same in accordance with the procedure then provided
by law.
