As used in this chapter, the following terms shall have the
meanings indicated:
BACKSHORE
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 water.
BEACH
The zone of unconsolidated material that extends landward
from the low waterline to the place where there is marked change in
the material of physiographic form, i.e., dune or bulkhead and includes
foreshore and backshore.
DUNE
A hill of sand accumulated along the beachfront, usually
by natural means. It shall extend from the backshore to the line where
the normal leeward slope intersects the established grade of the hinterland.
DUNE AREA
The area actually or normally occupied by dunes. For purposes
of this chapter it shall be construed to include its actual dimensions.
DUNE LINE
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.
FORESHORE
The part of the shore, lying between the crest of the seaward
berm and the ordinary low watermark, that is ordinarily traversed
by the uprush and backrush of the waves.
MEAN SEA LEVEL
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.
NATURAL DUNE
A dune created by natural forces, or one that has developed
the contours, vegetation, root systems, etc., characteristic of dunes
so created.
NATURAL VEGETATION
Includes the terms “native vegetation” or “indigenous
vegetation.” Specifically, it shall mean such plants as beachgrass
(Ammophila breviligulata), dusty miller (Artemisia stelleriana), hudsonia
(Hudsonia tomentosa), sea rocket (Cakile endentula), seaside goldenrod
(Solidago sempervirens), bayberry (Myrica pensylvanica) or beach plum
(Prunus maritima) 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.
SAND FENCE
Includes the term "snow fence" and may mean either of two
types of barricade established in a line or a pattern to accumulate
sand and aid in the formation of a dune.
A.
Bush type: This consists of dead bushes, trees, reeds or similar
debris collected in bundles and fixed by stakes or similar means.
B.
Picket type: This shall be the commercial variety of light,
wooden fence, held together by wire and secured by posts.
SLOPE, LEEWARD
The fence or surface of the dune or berm going from its crest
or plateau away from the ocean.
Access to the open beach in this zone shall be obtained across
street ends or along properly constructed and authorized walkways
and steps designed to protect dune grass from trampling. Where boardwalks
and steps are constructed in a street and its extensions, access shall
be across such boardwalks and steps, controlled by appropriate fencing.
No access shall be constructed by a private owner without a permit
described below.
The Township or private beach associations or private landowners
may erect fencing along the westerly limits of the backshore and dune
areas and provide suitable markings to identify the same. Persons
may enter such areas only to carry out the purposes of this chapter.
Where walkways or boardwalks cross dunes or berms, they shall be suitably
bordered with fences to prevent damage to said dunes or berms.
No individual, firm or corporation shall authorize or participate in any manner in the moving or displacement of sand within the dune area prior to obtaining a permit, except to perform beach maintenance under an approved beach maintenance plan, as described in §
189-11. In cases where the moving or displacement of sand within the dune area is to protect improvements adjacent thereto or to restore such improvements to prior condition, the requirements for obtaining a permit may be waived by the Township Conservation Officer or Township Engineer. A permit, when applicable, shall be obtained pursuant to an application to the Township Conservation Officer or Township Engineer which shall contain the following information:
A. The name and address of the applicant.
B. The location of sand to be moved or displaced.
C. The nature and purpose of the proposed moving or displacement.
D. The proposed method by which the applicant desires to move or displace
the same, including a description of the equipment, machinery or other
apparatus to be used.
E. An estimate in terms of cubic yards as to the quantity of sand to
be moved or displaced.
F. Such other information as may be reasonably required by the Conservation
Officer or Township Engineer.
A cash or surety bond equal to the cost of restoring the area to its original condition, as determined by the Township Engineer, shall be posted by the applicant at the time of issuance of a permit. Such cash or bond shall be refunded upon the Township Conservation Officer's/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 §
189-10 hereof, the Township shall have the right to have the work done as so required, charging the cost thereof against the cash or 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 guarantee.
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 Township Engineer.
B. The applicant shall preserve the existing dune grass. 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.
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. The applicant shall install new sand fences along the center line
of the dune and position the fences so that they are perpendicular
to the direction of the prevailing winds.
E. The applicant shall notify the Township Conservation Officer and
the Township Engineer 72 hours prior to the start of any construction
or work.
F. The applicant shall submit a plan (in triplicate) to the Office of
the Environmental Commission, which will detail the work to be done,
the measures which will be taken in order to protect the dune during
construction and a construction timetable which shall include the
project completion date (the final day on which work will be done).
G. The applicant will be notified within 15 work days from the date
of application or when a completed application is submitted, whichever
is later, as to whether a permit will be granted or denied.
H. 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, such sand shall be placed only on the back beach area.