[Editor's Note: Ord. No. 676-2018 amended Chapter 11 in entirety. Prior history includes Ord. Nos. 407 and 593.]
[Ord. No. 676-2018]
Although there may be no long- term defense for fixed oceanfront
structures against a constantly rising ocean level, effective protection
of the oceanfront and adjacent coastal areas in the intermediate term
against high tides and flooding and against damage by the ocean under
storm conditions requires sufficient elevation and breadth in the
beach and dune areas, hereinafter defined, to dissipate the force
of the waves. The dunes should provide an uninterrupted barrier and
a source of sand to mitigate the effect of storm waves for the benefit
of the entire Borough - interior lands as well as oceanfront premises
- and a beach for the recreational purposes of all. Accordingly, the
Borough has a vital interest in the continued maintenance and protection
of the ocean Beach and Dune Areas and in the right to cause their
restoration in the event of damage or destruction
Maintenance and protection of the ocean beach and dune areas
are also a requirement of the Borough under a State Aid Agreement
(SAA) between the Borough and the New Jersey Department of Environmental
Protection (NJDEP) and consistent with the conditions of the United
States Army Corps of Engineers (USACE) 50-year duration Beach and
Dune System Federal Shore Protection Program initiated in December
2016 and extending to December 2066.
Dune Areas are vulnerable to erosion by wind, water, the absence
of good husbandry by those responsible for their maintenance and preservation,
and by indiscriminate trespass, construction or other acts which might
destroy or damage them. A proven and available means of protecting
Dune Areas against erosion is by preventing indiscriminate trespassing,
construction or other acts which might destroy or damage them, and
through the aggressive use of native plantings supplemented, when
necessary, by sand fencing and other protective devices, or combinations
thereof, designed to prevent the erosion of Dune Areas and to promote
the root accumulations, normal contours and other features found in
natural dune systems and to aid in long term stabilization of engineered
dune systems.
The Beach Area and Dune Area are dynamic and are not capable
of rigid definition or delineation, or of completely firm stabilization.
They can and do migrate, so that particular sites, at one time free
of dunes may, as the result of natural forces, become a part of the
Dune Area declared to be in the interest of the Borough and State
of New Jersey to protect. Persons owning, using or purchasing such
property do so subject to the public interest therein and also bound
by the limitations and conditions of easements exercised by the previous
owners with the Borough and NJDEP or obtained by the NJDEP under eminent
domain.
It is a purpose of this chapter to define the areas so affected
and to continue regulations to assure their effectiveness. This chapter
does not attempt to define and regulate all parameters of dune delineation,
function or management and the Borough Council declares its intent
to review and update this chapter periodically to reflect appropriately
new and beneficial knowledge; and to be consistent with State and
Federal agreements and regulations. This chapter is declared to be
an exercise of the police power in the interest of safety and welfare
for the protection of persons and property. Further, this chapter
is adopted in recognition of the knowledge and benefits realized by
the implementation of prior enactments which have been operative since
1980 and which have been favorably endorsed by scientific and governmental
authorities. By this enactment, it is the intention of the Borough
to reflect and utilize the knowledge and experience gained in the
administration of prior Beach and Dune Ordinances in the Borough of
Mantoloking to ensure a viable beach and dune system exists in the
Borough for coastal protection to the benefit of all Mantoloking residents
and the environment.
In view of the fact that the Bar-Beach-Dune System provides
the primary protection to property, public and private, and persons
within the Borough, from the clearly present hazards of erosion and
flooding caused by the Atlantic Ocean during periods of storm, and
otherwise, all of the provisions of this chapter are deemed necessary,
material, and substantial; therefore, they shall not be subject to
waiver or variance.
[Ord. No. 676-2018]
For the purpose of this chapter, certain words or phrases shall
be interpreted in the following manner:
[Ord. No. 676-2018]
All terms and language utilized in this chapter shall be accorded
their common and customary meaning, except where specifically defined
herein as follows:
Shall mean that portion of this chapter entitled "Appendix",
and is incorporated herein.
Shall mean the area of the dune between the landward toe
of the dune and the landward dune crest.
Shall mean that area between the Mean High-Water Line of
the Atlantic Ocean, and the Seaward Edge of the Dune as hereinafter
defined.
Shall mean the Borough of Mantoloking, Ocean County, New
Jersey.
Shall mean the Municipal Clerk of the Borough of Mantoloking,
Ocean County, New Jersey.
Shall mean the Municipal Council of the Borough of Mantoloking,
Ocean County, New Jersey.
Shall mean the Coastal Area Facilities Review Act, N.J.S.A.
13:19-1 et seq., and regulations issued thereunder at N.J.A.C. 7:7
et seq., as may be amended from time to time.
Shall mean the present NJDEP Coastal Zone Management Rules
adopted by the NJDEP under N.J.A.C. 7:7 or as may be amended.
Shall mean that agreement exercised by the owners of each
oceanfront property (past or present) or obtained for the oceanfront
property by NJDEP eminent domain proceedings which sets forth the
conditions of use and access to implement the USACE Beachfill and
Dune Project.
Shall mean that area between the seaward edge of the dune
as exists or as established by the USACE Beachfill and Dune Project
or as may advance easterly through natural accretion from that initial
point and the landward edge of the dune as exists; is constructed
as part of the USACE Beachfill and Dune Project or as may be created
by natural migration of the dune to the west.
Shall mean an expert on dunes and their care retained by
the Borough.
Shall mean that person or those persons appointed by the
Mayor with the consent of the Borough Council to observe and regulate
activities on the dune consistent with the Borough Dune Ordinance.
Shall mean a wooden construction platform (deck) placed in
the dune area, in accordance with requirements set forth herein and
consistent with NJDEP exemption status under the prevailing NJDEP
Coastal Zone Management Regulations; or as previously approved by
the Borough; or as constructed prior to the Borough's initial
Dune Ordinance adoption.
Shall mean that person appointed by the Mayor with the consent
of the Borough Council designated to advance the Borough's Dune
Ordinance goals and program and maintain consistency of same to meet
NJDEP and USACE requirements; or if not formally appointed, any person
temporarily directed by the Mayor or Borough Council to perform those
duties.
Shall include all plant species found on beaches and dunes
of northeastern United States, either native or introduced, which
can build and stabilize sand dunes. Specifically, it shall include,
but not be limited to, such species as American beachgrass (Ammophilia
breviligulata), sea rocket (Cakile edentula), seaside spurge (Euphorbia
polygonifolia), dune cordgrass (Spartina patens), seaside goldenrod
(Solidago semipervirens), dusty miller (Artemisia stelleriana), bayberry
(Mryica Pennsylvaniea), beach pea (Lathyrus japonicus), salt spray
rose (Rosa rugosa), beach plum (Prunus maritima), panicum grass, etc.,
which normally grow or may be planted on the slopes of the dunes or
behind them, with no distinction being made as to how such plants
are introduced into their location.
Shall mean an auger type anchor utilized to protect against
wind uplift of dune platforms typically constructed of galvanized
or stainless steel with a minimum penetration below the dune surface
of 30".
Shall mean an improved walkway connecting to the dune crest
which is supported on timber posts, piles, etc. and which must meet
NJDCA foundation requirements consisting of a NJPE designed foundation
to address wave forces and wave scour. Elevated walkways may only
be installed westerly of the prevailing dune crest or as may have
existed and approved prior to the USACE Beachfill and Dune Project
requirements.
Shall mean the section of the dune face between the seaward
crest of the dune and the seaward edge of the dune where it intersects
the beach.
Shall mean the Borough's NJDEP General Permit 2 for
dune repair and beach maintenance.
Shall mean the intersection line of the backslope of the
dune and the top of dune, with a typical elevation 22.00 NAVD88 if
constructed as part of the USACE Beachfill and Dune Project or higher
if naturally developed.
Shall mean the intersection line of the backslope of the
dune and the natural or site plan approved grade of the land extending
from the east boundary of New Jersey Route 35 or East Avenue, eastwardly,
or the line joining the average landward edge of the dune of the adjoining
oceanfront properties, or the dune easement line as shown on the official
Dune Easement Line Map adopted by the Borough to meet USACE future
dune limit needs, whichever is the more westerly.
Shall mean the line found by the intersection of a plane
at the elevation of mean high-water with the existing foreslope of
the beach.
Shall mean any Memorandum of Understanding executed between
the Borough and the U.S. Fish and Game Wildlife Service to manage
endangered species on a local level.
Shall mean the New Jersey Department of Environmental Protection.
Shall mean lands abutting the Atlantic Ocean. In the case
of the Borough of Mantoloking, oceanfront properties are those located
east of Ocean Avenue south of Lyman Street, and east of East Avenue
north of Lyman Street.
Shall mean an unimproved or improved, protective access way,
at grade across the dune in accordance with the specifications set
forth within this Chapter.
Shall include the term "snow fence" or "dune fence" of a
barricade type established in a line or a pattern to accumulate sand
and aid in the formation of a dune, such as picket construction consisting
of wooden lath held together by wire and affixed to wooden posts.
Alternate types of "sand fence" may be utilized if approved by the
Dune Consultant.
Shall mean the intersection line of the foreslope of the
dune and the top of the dune, typically elevation 22.00 NAVD88 as
constructed as part of the USACE Beachfill and Dune Project.
Shall mean the intersection line of the foreslope of the
dune and the gradient of the Beach Area, or the contour line at an
elevation of eight point five (8.5) NAVD88, or the vegetation line,
or whichever is the more easterly, except when the Borough Engineer,
Borough Dune Inspector, NJDEP or USACE may have caused stakes to be
driven to mark the seaward edge of the dune, in which case it is the
line between such stakes.
Shall mean that line determined by the setback distances
as may be specified in the Land Use Ordinance of the Borough to define
the limits of development on a buildable lot.
Shall mean the agreement(s) made between the Borough and
the NJDEP to participate in the USACE Beachfill Project, or other
such projects where the NJDEP provides financial grants to the Borough
to support same.
Shall mean the intersecting line of the seaward and landward
dune crest; typically elevation 22.00 NAVD88 if constructed as part
of the USACE Beachfill and Dune Project, or potentially higher if
naturally accreted westerly of the USACE project dune construction
limits.
Shall mean that line produced by the spring tides (highest
tides of the year) which contains ocean debris (flotsam such as seaweed,
etc.) and the seeds, rhizomes, or detached plants which can germinate
and/or grow to produce a zone of new dune vegetation.
Shall mean the United States Army Corps of Engineers.
Shall mean the USACE Manasquan Inlet to Barnegat Inlet Storm
Reduction Project authorized by the US Federal Government.
Shall mean that line connecting the most westerly or seaward
naturally occurring perennial plants with other such plants or plants
placed by the USACE as part of the USACE Beachfill and Dune Project
or as placed under a Borough implemented project or Borough approved
private property owner planting program.
Shall mean a constructed means of crossing the dune area
in accordance with specifications set forth herein.
[Ord. No. 676-2018]
Construction east of the landward edge of the dune and the placement
there, except temporarily, of any object that would impede the flow
of sand is prohibited, except as provided in this chapter and in accordance
with any NJDEP Coastal Zone Management Rules, CAFRA regulations, the
Land Use Ordinance of the Borough (setback), and subject to permits
as may be issued pursuant to these enactments.
[Ord. No. 676-2018]
No person shall be in the dune area unless:
a.Â
Upon a natural or improved pathway, walkway or dune platform; or
b.Â
In the performance of such activities as may be reasonable and necessarily
required to construct or maintain the dune, dune vegetation or allowed
structures with the permission of the owner; or
c.Â
For the purposes of inspection, topographical survey, or enforcement
of this chapter; entry for these purposes shall not be deemed an actionable
trespass; or
d.Â
As authorized by the USACE and/or the NJDEP and the Borough for the
construction and maintenance of the initial or subsequent beach and
dune construction projects as part of the USACE 50-Year Program and
consistent with the terms of the perpetual Beachfill and Dune Maintenance
Easement executed with each oceanfront property owner (past or present)
to meet the terms of the Federal USACE Beachfill and Dune Project;
or any subsequently Borough or NJDEP approved Beachfill and Dune project
as may be implemented by the Borough pending unavailability of federal
funds.
[Ord. No. 676-2018]
a.Â
Only one (1) pathway or walkway, and associated dune backslope and foreslope singular set of steps, across the dune area is permitted for each residence in accordance with the prevailing NJDEP Coastal Zone Management Regulations, N.J.A.C. Section 7:7 — 10.41e. It shall run, generally, the shortest practical course between the residence and the seaward edge of the dune, and shall not exceed four (4) feet in width (see Appendix I at the end of this chapter for specifications). At street ends or public access ways, wider pathways may be delineated and constructed by the Borough, and/or USACE as part of the approved USACE Beachfill and Dune Project. In the event that any private pathway or walkway shall be or become, in the opinion of the Dune Consultant, a substantial detriment to the development and maintenance of the continuous protective dune sought to be achieved by this chapter of the Borough Ordinances and the USACE Beachfill and Dune Project the owner of the premises shall be subject to the provisions of Section 11-4 which is not to be construed as not allowing the installation and maintenance of structures permitted under this Ordinance, but to be employed during needed dune repair or maintenance projects needed in response to major storm damage.
b.Â
In addition to the pathway or walkway, each oceanfront lot shall
be allowed one (1)"Dune Platform" not to exceed two hundred (200)
square feet for a single developable lot in a designated building
zone situated within the dune crest or dune landward slope area. If
a dune walkway is constructed adjacent to a dune platform, a clear
separation of a minimum of one-half inch (1/2 inch), shall be provided
between the dune platform and the walkway for the walkway not to be
included in the platform area calculation. In the instance of a single
consolidated lot which exists in the designated zone and is comprised
of multiple conforming building lots, the size of the platform shall
be allowed to be increased by twenty-five (25%) percent for each full
conforming contiguous lot in the zone that comprises the total consolidated
lot. Area increases of a dune platform shall not be considered for
partial non-conforming lots in a zone which may be part of a singular
ocean front lot.
c.Â
Dune Walkways, Pathways, Platforms and Foreslope Steps shall comply
with the conditions included within each oceanfront properties Deed
of Dedication and Perpetual Storm Damage Reduction Easement (with
NJDEP State approval required for non-exempt structures) and the specifications
as to construction details and location within the dune area as are
set forth in the Appendix or as further defined under New Jersey State
Law within VE-Zone areas.
[Ord. No. 676-2018]
The removal, cutting, burning or destruction of dune vegetation,
sand fence or such other types of dune protection devices approved
by the Borough in the dune area is prohibited except as necessary
for construction or maintenance of the Dune or USACE Beachfill and
Dune Project or subsequent independent Borough beachfill and dune
projects as may be implemented and as authorized pursuant to this
chapter or Borough approved structures under this chapter.
[Ord. No. 676-2018]
Sand that has been transported onto lands of oceanfront lots by action of wind, tides, storms or any combination thereof shall not be removed from the lot upon which it has been deposited. To the extent practicable considering the utilization of the premises, this sand may be relocated by the owner of the lot and may be moved eastwardly on the same lot to become part of the beach and dune system, or in the case of hardship in transporting same directly across the lot to the beach and dune area, the sand may be transported to a street end with a vehicular access way upon approval by the Borough. Surplus sand deposited on any improved street ends shall be restored into the Beach and Dune Area in accordance with the regulations of the NJDEP Coastal Zone Management Rules and the Borough's Prevailing NJDEP issued GP-2 permit. Any damage to existing dune vegetation as caused by the owner's sand transferring activities shall immediately be restored to comply with Subsections 11-3.7, 11-3.8 and Appendix II which may be found at the end of this chapter.
[Ord. No. 676-2018]
One of the purposes of this chapter is to achieve the maintenance
of sand dunes at the highest practical height and with a minimum dune
crest elevation of 22.0 NAVD88 to match the USACE project dune crest
design elevation or subsequent Borough adopted dune crest elevation
as may be established by the Borough's due diligence in the future
to address changing environmental conditions. To this end, the Borough
will commit the appropriate resources as available to restore and
maintain the beach and dune system from damage which may occur as
a result of a major storm and as allowed by the NJDEP in accordance
with the Borough's GP-2 permit and NJDEP CZM regulations. Borough
actions may be taken in conjunction with the NJDEP and/or the USACE
or independently as necessary to protect the Borough's residences,
infrastructure and the health, safety and welfare of the Borough residences.
The Borough's maintenance of the beach and dune system conducted
in this regard shall be limited to the area east of the Borough and
NJDEP adopted dune easement limit line. Maintenance in response to
major storms shall include all required dune vegetation, public crossovers
and dune foreslope toe fencing where previously installed by public
funds. However, no dune shall be directly or indirectly lowered or
reduced in height by the action or inaction of any owner or his agent.
However, if by actions or use of the private property owner any dune
shall be or become lower than the elevation deemed materially significant
by the Dune Inspector or duly appointed Borough representative who
is applying recognized criteria with due regard to the intent of this
chapter and reasonable use of the premises, the owner thereof shall
be obliged to provide and install additional sand to correct the damage
and install such sand fence and plantings as are prescribed by this
chapter. (See Appendix at the end of this chapter.) The owner shall
have an obligation to maintain and replace, if necessary, such fences
and plantings. If the dune is lowered or caused to be lowered by the
direct or indirect action of any owner, then the dune shall, upon
due notice to the owner, be restored to its prescribed elevation by
the owner or at his expense and subject to the provisions of this
chapter. The restored dune shall be planted and sand fenced in accordance
with the specifications set forth in the Appendix. However, in consideration
of maintenance of views from existing structures which may be obstructed
by accreting sand on top of the USACE constructed dune crest above
Elevation 22.0 NAVD88 an oceanfront owner has the potential right
to apply to the Borough and the NJDEP for a permit to groom the top
of the dune back to Elevation 22.0 NAVD88. If such activity is approved,
the owner shall immediately plant Cape American Dune Grass in the
groomed area on a spacing of 18" on center. Final determination on
the permissibility of this activity shall be made by the NJDEP during
review of the Applicant's permit application.
Crest grooming shall not be approved by the Borough unless the
elevation of the dune is shown to be a minimum of one (1) foot above
the Elevation 22.0 NAVD88 for a minimum of fifty (50%) percent of
the dune crest area constructed as part of the USACE project. Dune
elevation grooming shall not be permitted in natural dune areas unless
specifically approved by the Borough and NJDEP under the NJDEP Dune
Regulations established under N.J.A.C. 7:7-9.16"c".
[Ord. No. 676-2018]
a.Â
In order to provide for effective protection and/or restoration of
the dune area, each owner shall plant or cause to be planted in the
dune area suitable vegetation and erect, or cause to be erected, suitable
sand fencing all in accordance with such standards as are provided
in the Appendix II (found at the end of this chapter) to address natural
incidental damage or vegetation die-off; which is not to be construed
as to include needed vegetation replacement which may be required
due to implementation or construction of a new or major dune repair
implemented in response to a major coastal storm meeting the definitions
to allow dune repair under the Borough's NJDEP approved GP-2
permit or other Borough, State or Federal beach and dune repair programs.
b.Â
However, the owner shall be responsible for the maintenance of vegetation
and fencing on any natural dune sections existing on their property
and in all cases west of the adopted dune easement line.
[Ord. No. 676-2018]
a.Â
No person or entity shall engage in the mechanical replenishment
of the oceanfront beach dunes within the Borough without first obtaining
a permit for such activity and proceeding in strict adherence with
the terms and conditions of the permit. Mechanical replenishment shall
be broadly defined to include the transport of sand from the berm
by any mechanical means (bulldozing or like activity) to or into the
dune area as well as the placement of clean natural sand obtained
from off-site locations.
b.Â
No permits shall be issued at such times when, in the opinion of
the Dune Consultant or the Borough's duly appointed representative,
the beach area is not suitable for bulldozing due to physical or regulatory
restrictions.
c.Â
The dune replenishment permit shall be issued by the Borough Dune
Inspector and shall be conditioned in accordance with NJDEP CZM regulations
and as follows:
1.Â
No mechanical dune replenishment activity shall be allowed from April
1st to September 1st, inclusive, or as may be allowed by NJDEP CZM
regulations, except in case of emergency circumstances which constitute
an immediate threat to residential structures, Borough infrastructure
or to public health, safety and welfare as declared by the Mayor or
Borough Council;
2.Â
No scraping or bulldozing of sand from the berm at a depth greater
than one (1) foot from the grade existing prior to activity under
the permit shall be allowed;
3.Â
Transport of sand from below the low-water line shall not be allowed;
4.Â
No person shall operate any motorized vehicle across or upon any
dune area except as may be necessary for permitted construction, for
dune maintenance and/or emergency or law enforcement responders in
compliance with this chapter;
5.Â
No person shall operate mechanical sand transfer equipment on the
beach unless in possession of a valid permit and in compliance with
the terms and conditions of the permit and consistent with the Borough's
GP-2 permit issued by the NJDEP;
6.Â
Permits shall be effective for six (6) months, but are based on a
one (1) time use only;
7.Â
When possible, all replenished dunes shall be immediately protected
by the erection of sand fence and vegetation in accordance with specifications
set forth in the Appendix to this chapter noting seasonal considerations
for vegetation survival;
8.Â
All replenished dunes shall be graded to be as a minimum consistent
with the USACE Beachfill and Dune Project dune template and/or as
approved by the Borough Dune Inspector at the required slope and minimum
adopted protective project dimensions and shall be protected by planting
of appropriate vegetative cover all in accordance with specifications
set forth in the Appendix to this chapter;
9.Â
Any permit issued hereunder may, in the event of violation of the
terms of the permit, or in the event of conditions of the beach and
dune systems and weather, which are not, at that time, consistent
with the attainment and maintenance of a proper protective dune system,
be suspended by the Dune Inspector. The action of the Dune Inspector
shall be subject to review by the Borough Council upon written application
of an aggrieved property owner. In the event of such application for
review, the Borough Council shall promptly, after public hearing,
affirm, reverse, or modify the determination of the Dune Inspector;
10.Â
The failure of any owner or contractor, or any agent of an owner
or contractor, to obtain a permit for dune replenishment activities
or to abide by the terms and conditions of the permit shall be deemed
a violation of this chapter;
11.Â
In the event that a dune maintenance or replenishment project involves
the placement of sand upon the dune under circumstances where the
additional sand or a portion thereof is obtained from any off-site
location, the added sand shall be of such grain size, shape, color
and other characteristics as will, in the judgment of the Dune Consultant
or Dune Inspector, be compatible with the existing on-site sand. The
placement of sand from off-site locations shall be by such methods
as will avoid damage to existing dunes and shall, whenever reasonably
practicable, as determined by the Dune Inspector, be placed upon the
dune from the landward side of the dune;
12.Â
The removal of sand from the beach or dune area to an off-site location
is prohibited. The movement of sand from the dune area to the beach
area is prohibited, unless if conducted in accordance with an approved
NJDEP/Borough dune grooming permit.
13.Â
The Dune Inspector may, in the public interest, revoke any permit.
Appeal from any revocation may be made to a court of competent jurisdiction.
d.Â
When dune replenishment activities are initiated, by either the homeowner,
by the Borough or by the USACE, or USACE agents, any existing structures
or improvements within the dune system are to be removed by the homeowner
if necessary to eliminate direct conflict with completing the needed
work so that the replenishment services can be completed with limited
disruptions. When replenishment activities are conducted by the Borough
or as part of the USACE Beachfill and Dune Project, residents will
be notified and all improvements which directly conflict with the
work and are found necessary to be removed to complete the work are
to be removed by the homeowner and may be replaced by the homeowner
at their discretion pending obtaining a new dune permit to allow the
Borough to assess potentially needed modification to address changed
conditions. In the event, that these improvements are not or cannot
be removed by the homeowner, coordination for the removal shall be
undertaken between the owner and by the Borough, USACE or USACE agents
so initial construction or beach and dune replenishment activities
can be completed. The Borough and USACE will try to work with the
homeowner to work around and maintain all approved existing structures
where possible, however should it be found necessary that they must
be removed to complete the project work, the Borough, USACE or USACE
Agents will not be required to return removed improvements and are
not subject to any damages to the improvements during their removal.
Whether a private improvement or structure within the dune system
is designated to be removed, as a last resort to resolve a direct
physical conflict with the project it, shall be at the sole discretion
of the Borough or USACE's approved agent consistent with any
terms of the project Storm Damage Reduction Easement and legal limitations.
A minimum of ten (10) days notice will be provided to homeowners if
it is deemed that a private structure or improvement will directly
interfere with Borough or USACE program initial construction or maintenance
needs and requires relocation.
e.Â
A Borough approved on-grade walkway or on-grade dune platform may
be raised vertically in the same footprint location without the burden
of acquiring a new dune permit.
[Ord. No. 676-2018]
a.Â
A permit shall not be required for the planting of dune grass or
other appropriate vegetation, or for the erection of sand fencing
or the placement of temporary walkway protection in the dune area
in compliance with approved standards set forth in the Appendix to
this chapter.
b.Â
All other construction, modification, alterations or like activity
in the dune area, unless specifically exempted in this chapter, shall
require that the owner or his agent obtain a Dune Area Permit.
c.Â
Activities requiring a permit include, but are not limited to, elevated
walkways, dune platforms, bulldozing, sand replenishment from off-site
sources and the placement of sand fencing more than three (3) feet
seaward of the seaward edge of the dune.
d.Â
All permits are subject to revocation, suspension or modification
in the event of changed site conditions, as determined by the Dune
Inspector.
e.Â
The Dune Area Permit shall be issued at no charge.
f.Â
The permit application is to be accompanied by a sketch, to scale,
of the proposed improvements. The sketch may be prepared by the owner
with reference to a pre-existing survey in form satisfactory to the
Dune Inspector.
g.Â
Other Borough, NJDEP, NJDCA or USACE Permits may be required depending
on the activity.
h.Â
Structures shall only be elevated as necessary to meet existing grade
conditions to aid access for the property owner, however, the owner
is advised that when a structure is proposed to be elevated above
grade, it is considered to have a foundation by the NJDCA and is required
to meet all DCA construction requirements in the subject flood zone.
i.Â
The permittee or any agent shall promptly, upon request, allow any
Borough official to examine the permit or a certified true copy thereof
at any time.
[Ord. No. 676-2018]
The Dune Program Director shall make periodic dune inspections
and shall provide written advice to owners. These writings shall not
be deemed as notice of violations of this chapter, but shall be maintained
as part of the record for the subject property and may be considered
by the Court in the imposition of penalties, upon conviction, under
any subsequent complaint for violation of this chapter. Further, the
Dune Program Director shall coordinate his efforts with those of the
Dune Inspector(s) to the end that the purposes of this chapter may
be achieved.
[Ord. No. 676-2018]
a.Â
The Borough Dune Inspector or, in his absence, the Chief of Police,
and in all events, the Borough Council shall enforce the affirmative
duty of each oceanfront owner, as set forth in this chapter.
b.Â
The initial enforcement effort shall be by service of a written notice,
certified mail return receipt requested, upon the record owner at
his last known address as set forth in the Borough tax rolls, requesting
specific compliance with these obligations concerning dune protection
and/or restoration, at the expense of the owner.
c.Â
The notice shall also advise that unless the owner shall take appropriate
corrective action and complete the same within thirty (30) days from
the day of mailing of the notice, the Borough may perform such acts
of protection and/or restoration.
d.Â
Such expenditures by the Borough, if any, shall be due and payable
by the owner upon demand. In the event that any such owner shall fail
to pay, then the sum, together with interest at the highest legal
rate thereon, shall become a lien upon the property and be collected
in the same manner as delinquent real property taxes in accordance
with N.J.S.A. 40:48-2.12f. The Borough may, in any event, seek injunctive
relief from any violation of this chapter.
e.Â
In addition to the action described above, or alternatively, the
owner may, at the election of any enforcement official or the Borough
Council, be prosecuted in the Municipal Court for violation of this
chapter.
[Ord. No. 676-2018]
A copy of this chapter shall be furnished to all oceanfront
property owners and to each applicant for a building permit for any
construction east of Ocean Avenue south of Lyman Street and east of
East Avenue, north of Lyman Street. Compliance with this subsection
shall not be a jurisdictional prerequisite in any enforcement.
[Ord. No. 676-2018]
For each and every violation of this chapter or violation of the regulations or standards set forth in the Appendix to this chapter, or the terms and conditions of any permit issued hereunder, the owner of lands abutting the beach or dune area where such violation has been committed, and any contractor or agent of the owner, or the trespasser (if the violation is of Subsection 11-3.2), shall for each and every violation be subject to the penalties set forth in Chapter 1, Section 1-5. Each and every day that such violation continues shall be considered a separate violation of this chapter.
