[Adopted 2-24-1996 by Ord. No. 96-01]
A. 
It has been clearly demonstrated that well-established and protected sand dunes, together with properly maintained beach and dune areas, are an effective protection against high tides and flooding and against property damage by the ocean under storm conditions and that they provide desirable protection of the coastal areas adjacent thereto, and the State of New Jersey, along with its political subdivisions and their inhabitants, have an interest in the continued protection and preservation thereof and in the restoration of them in the event of property damage or destruction.
B. 
The developed coastal areas of New Jersey, including developed barrier islands and adjacent shorefront areas, represent 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, dune creation, dune restoration 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.
C. 
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 meaning indicated:
ACCRETION
Includes either natural or artificial land. 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 breakwater or beach fill deposited by mechanical means.
BEACH
Gently sloping unvegetated areas of sand or other unconsolidated material that extend landward from the mean high-water line to where there is a marked change in the material or physiographic form, i.e., dune or bulkhead.
DUNE
A wind- or wave-deposited formation of vegetated or drifting windblown sand, generally parallel to and landward between the inland limit to 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 dunes, regardless of the degree of modification of the dune. Dune shall not include loose windblown sand found in a street or on a part of a structure as a result of wind or storm activity.
DUNE DEVELOPMENT DISTRICT (DDD)
An area located seaward of the bulkhead, delineating a beach zone presently with or without dunes. The width of the DDD will extend an average of 100 feet from the bulkhead line toward the ocean, subject to sufficient beach width. Placement of fences and plantings of vegetation will be completed in an effort to trap windblown sand and develop dunes.
EROSION
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.
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.
PERSON
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.
SHOREFRONT PROTECTION AREA
That area which extends from the mean high-water line to the seaward toe of the dune, as hereinbefore defined.
A. 
Within shorefront protection 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. The following uses may be permitted, provided that the same are part of an approved public project in the interest of public health, safety and welfare:
(1) 
Open space, beach or water recreation.
(2) 
Steps to permit access to the dunes and to the beach, without damage to the dunes themselves.
(3) 
Sand fences to encourage the accumulation of sand.
(4) 
Necessary buildings and structures for public safety and convenience, including infrastructure, first aid stations, lifeguard stations, comfort stations, piers, dune walkover structures and related activities.
(5) 
Necessary shorefront protection and stabilization improvements, including groins, bulkheads and activities related to beach restoration projects.
(6) 
The operation of specially permitted and licensed vehicles for public safety and maintenance purposes only.
B. 
Landward of the bulkhead and seawall areas, a property owner may remove clean windblown sand, which must be deposited easterly of his property line and bulkhead.
C. 
Within the dunes and Dune Development District areas, the following activities are prohibited:
(1) 
The operation of any motor vehicle, except in designated accessways.
(2) 
The removal of sediment and native vegetation.
(3) 
Placement of nonliving trees, brush, shrubs or other debris.
(4) 
Pedestrian and vehicular traffic on or over the oceanfront dunes, except at the following municipally designated locations:
[Amended 2-21-2018 by Ord. No. 2018-02]
(a) 
Pedestrian crossovers - standard: the oceanfront extended street rights-of-way at 11th Avenue, 12th Avenue, 13th Avenue, 14th Avenue, 15th Avenue, 16th Avenue, 17th Avenue, 18th Avenue, 19th Avenue, 20th Avenue, 21st Avenue, 22nd Avenue, 23rd Avenue, 24th Avenue, 25th Avenue, 26th Avenue, 28th Avenue, 29th Avenue, Pelham Avenue, Manor Avenue, 30th Avenue, Evergreen Avenue, 32nd Avenue, Woodcrest Avenue, 34th Avenue, 35th Avenue, and 36th Avenue. Midblock between 16th and 17th Avenues opposite Longport Seaview Stairway.
(b) 
Pedestrian crossovers - handicapped: the oceanfront extended street rights-of-way at 16th Avenue, 27th Avenue, and 33rd Avenue.
(c) 
Vehicular crossovers: the oceanfront extended street rights-of-way at 11th Avenue, 16th Avenue, and 35th Avenue.
(5) 
Removal, mutilation or destruction of sand or sand fencing, unless removal is part of an authorized dune maintenance activity.
D. 
Within the shorefront protection areas, unless otherwise controlled elsewhere in this section, 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 and approval by the Borough Engineer.
A. 
"Regulated activities" shall mean and include:
(1) 
The construction, relocation, modification, expansion or demolition of any temporary, mobile or permanent structure, subject to applicable building standards.
(2) 
The removal, excavation, filling or deposition of any soil, mud, sand, gravel or other material, except as noted hereinafter.
(3) 
The construction, reconstruction or major repair of any public facilities, including but not limited to roads, sewers, bridges and electric power, telephone, gas and water lines.
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 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.
B. 
In addition to the above penalties, the Borough Engineer, Borough Attorney, Construction Official, 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.