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.
The licensee may be permitted to make and maintain certain improvements
within the proposed license area subject to the following conditions:
A. 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.
B. 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.
C. 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.
D. 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.
E. Any construction that is deemed unsafe by the Zoning Officer shall
be immediately removed by the licensee at no cost to the Borough.
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.