[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 4-18-2007 by Ord. No. 2007-10. Amendments noted where applicable.]
The lands subject to license as defined in this chapter are those portions of the dedicated Beach Avenue right-of-way lying between the existing seawall and the privately owned lots in Blocks 13, 14, 15, 16, 17, 18 and 20 as shown on the Official Taxing Map of the Borough of Longport. The lands shall also include the portions of lands owned in fee simple by the Borough of Longport between the existing bulkhead and the privately owned lots in Blocks 21, 24 and 27; also designated as potions of Blocks 21, Lot 1; Block 24, Lot 1; and Block 27, Lot 1, as shown on the Official Taxing Map of the Borough of Longport.
The Borough of Longport hereby identifies that these lands and portion of Beach Avenue right-of-way within the areas as indicated in § 109-1 must remain under control and ownership of the Borough for future public needs and obligations relating to future construction of the existing concrete seawall and timber bulkheads. However, through the execution of specific agreement and payment of certain fees, it would be in the public's interest to temporarily license such lands while maintaining the public's right of access.
It is not the intent of the Borough, nor should it be interpreted by the licensee, that the granting of such license shall in any way constitute a permanent conveyance, transferral, grant of said lands to the licensee; or grant any property right to licensee.
The execution of any license shall be nonexclusive and limited and may be terminated at any time by the Borough of Longport without cause, notice, and without liability whatsoever to the licensee for damage and/or removal of any licensee's improvements. The property owner may only license the area immediately adjacent to his/her property.
Under any license of said lands, the Borough shall be held harmless from any loss, cost, or expense (including attorney's fees) arising from any claims for death or injury to persons or property, arising from the licensee's action or inaction. The licensee shall at all times maintain liability insurance in the form and of the amount acceptable to the Risk Management Consultant of the Borough, the Municipal Director of Revenue and Finance, and the Municipal Joint Insurance Fund, of which the Borough is a member.
Upon the yearly renewal of each license, the Borough shall reserve the right to increase the required insurance limits as may be deemed necessary to comply with the above requirements. Upon each yearly renewal and with the required yearly payment of the license renewal, the licensee shall provide the Borough with valid copies of the insurance requirements established by the Borough. All insurances shall indicate the Borough of Longport as an "additional named insured." All insurance coverage shall also include a thirty-day written notice, by certified mail, to the Borough Clerk for any cancellation or changes in coverage.
The licensee may be permitted to make and maintain certain improvements within the proposed license area subject to the following conditions:
The existing grade shall not be modified such that it becomes an impediment to public access or a nuisance to adjoining properties as determined by the Zoning Officer.
A minimum four-foot-wide clear path shall be maintained from the immediate land side of the bulkhead or seawall landward therefrom. The clear path may only consist of clam shells, three-fourths-inch driveway stone, pea gravel, sand, pallet or roll-up wood, plastic, plastic-wood boardwalk, or grass. Concrete or brick pavers will not be permitted.
From the path area landward, the licensee may be permitted to install landscaping. Said landscaping may be installed within a defined planting bed of railroad ties, landscaping ties, or equivalent as determined by the Zoning Officer. The planting bed with ties shall not be higher than 12 inches above existing grade.
Within the defined planting area, the licensee may install vegetation, jetty rock, or landscape stone. No benches, signs, lights, irrigation systems, or fencing shall be permitted. If vegetated, the vegetation must be salt tolerant and not dependent on irrigation. Vegetation should be limited to American beachgrass, "Avalon" salt meadow cordgrass, "Atlantic" coast panicgrass, "Sea Isle" Japanese sedge, bayberry, beachplum, rugosa rose, shore juniper, or sea oats. No black pine or yews will be permitted. Vegetation shall be maintained such that it not exceed the height of the top of the bulkhead/seawall, and at no time be permitted to extend into the clear path area. Jetty rock shall be limited to the same height requirements as for vegetation.
Any construction that is deemed unsafe by the Zoning Officer shall be immediately removed by the licensee at no cost to the Borough.
It shall be the responsibility of the licensee to, at all times and at his/her sole cost, properly maintain the licensed area in order to maintain safety and an aesthetic environment. The property owner (licensee) shall inspect, on a weekly basis, the licensed area and remove any and all debris, litter, broken vegetation, or other such matter. The licensee shall maintain, on a monthly basis, any existing vegetation and ties, and replace any and all damaged vegetation. The licensee shall remove, on a yearly basis, all accumulated sand material and perform all maintenance as may be directed by the Zoning Officer.
Should a licensee be in violation of any of the terms and conditions of the license, upon written notice of the violation issued from the Borough Zoning Officer to the name and address of the property owner as shown on the Borough tax records, the property owner shall immediately remediate the violation within 90 days of the date of the notice. Should the property owner fail to timely remediate, then the Borough or its agents and contractors may elect to perform the remediation and the property owner shall pay all of the direct and indirect costs thereof. Should the payment for the said costs not be paid within 30 days of the billing date, the Borough may collect the said costs in the same manner and nature of a municipal lien, taxes and charges as provided by law.
[Added 7-25-2007 by Ord. No. 2007-14]
The yearly fee for said license of said lands shall be as follows:
The area of the license shall be calculated by utilizing the full width of land between the seawall/bulkhead and the full length of the abutting property line to said lands. No partial licensing of lands shall be permitted. The total area of lease shall be as determined by the Municipal Engineer. For each renewal year, the yearly fees shall increase by 3% per year.
Each and every licensee applying for a license under the terms and conditions of this chapter shall pay the sum of $250 at the time of application for the license. Each and every licensee holding a license under the terms and conditions of this chapter shall pay $100 at the time of each annual reinspection. Should the application fee not be paid, the application shall be deemed incomplete, and should the annual reinspection fee not be paid, the licensee shall be in violation of the terms and conditions of the license, which shall be subject to termination at the option of the Borough. In any event, the fees shall be collected as provided in § 109-7 in the same manner as any other violation of the terms and conditions of the license.
[Added 7-25-2007 by Ord. No. 2007-14]
The license shall expire every year on January 30 unless the licensee provides to the Building Department, not earlier than January 1 and not later than January 30, the full amount of the license fee and a copy of the valid insurances and save harmless agreements. No license shall be renewed unless the site is safe and secure as determined by the Zoning Officer. Failure to maintain the leased area may result in denial of any renewal.
Upon the nonrenewal of any license, or the providing of notification in writing to the Zoning Officer that the license will not be renewed, the licensee, or former licensee, shall have 30 days from said notification, or expiration, to remove all plantings and improvements made within the licensed area. Failure to remove said improvements shall result in removal by the Borough and placement of lien for the recovery of said costs.
The Longport Zoning Officer, Code Enforcement Officer, or designee, shall be responsible for the enforcement of these regulations. Upon inspection or complaint, a site investigation will be performed and the licensee will be provided, by certified mail, of any violations. The licensee shall have 14 calendar days within which to both respond and correct any such violation. Failure to restore the area or eliminate the violation shall result in the matter being brought before the Municipal Court and subject to the maximum fines and imprisonment, or both as permitted by law and at the discretion of the judge.