[Ord. #1056, AI, § 1-1]
Effective protection of the bayfront and adjacent areas within
the Borough of Keansburg from high tides, flooding and damage to life
and property from the bay under storm conditions has required, at
great public expense, the construction and restoration of a dune and
beach area to dissipate the force of waves. In order to serve the
intended purpose, the dune area and beach 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 bay premises — and a beach for the recreational
benefit of all. Accordingly, the citizens of the Borough and region
have a vital interest in the continued maintenance and protection
of the beach and dune areas and in the right to cause or assist in
their restoration in the event of damage or destruction.
[Ord. #1056, AI, § 1-2]
Dune areas are vulnerable to erosion by wind, water, the absence
of good practice by those responsible for their maintenance and preservation,
and by indiscriminate trespass, construction or other acts which might
destroy or damage them.
[Ord. #1056, AI, § 1-3]
The policies for Coastal Zone Management of the State of New
Jersey which have been enacted pursuant to the Coastal Area Facilities
Review Act and set forth in N.J.A.C. 7:7E-1.1, et seq., recognize
the vital public interest in conserving and maintaining coastal beach-dune
systems in general prohibit development on dunes and beaches. Dune
and beach areas are dynamic. 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 to protect. Persons owning, using or purchasing such property
do so subject to the public interest therein.
[Ord. #1056, AI, § 1-4]
It is a purpose of this Chapter to define the areas so affected
and to establish regulations to assure their continued effectiveness.
[Ord. #1056, AI, § 1-5]
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.
[Ord. #1056, AII, § 2-1]
A 100-foot wide dune conservation area shall exist on the landward
side of the hurricane protection dune extending along the entire Borough
bay front area as measured from the top of dune construction alignment
line defined by and shown on the U.S. Army Corps of Engineers construction
drawings entitled:
Raritan Bay and Sandy Hook Bay
Beach Erosion and Hurricane Project dated
February 15, 1966, Drawings CC-RS-501 through CC-RS-527.
Disturbance of grading or vegetation or construction or encroachment
within this area is prohibited except for such means of access over,
across or along the dune as approved by the Borough Engineer and the
New Jersey Department of Environmental Protection as may be allowed
pursuant to N.J.A.C. 7:1-1 et seq.
[Ord. #1056, AII, § 2-2]
The removal, cutting, burning, or destruction of natural vegetation,
sand fence or such other types of dune protection devices except as
may be approved by the Borough Engineer and the New Jersey Department
of Environmental Protection as may be allowed pursuant to N.J.A.C.
7:1-1 et seq. is prohibited in the dune conservation area.
[Ord. #1056, AII, § 2-3]
The removal of sand from the beach or dune conservation area
is prohibited.
[Ord. #1056, AII, § 2-4]
Any contrary provisions of the Borough Zoning Ordinance not
withstanding, there is hereby established a dune conservation easement
minimum building setback. All principal buildings shall be set back
50 feet and all accessory buildings 25 feet from the dune conservation
easement line, except that such building setback distances will not
be applicable in any area for which a determination of blight has
been made pursuant to the Blighted Areas Act, N.J.S.A. 40:55-21.1
et seq., and which area is subject to an approved Redevelopment Plan
pursuant to the aforesaid law and the Redevelopment Agencies Law,
N.J.S.A. 40:55C-1 et seq. To claim an exemption from the building
setback provisions contained in this subsection, an agreement must
be executed between the Redevelopment Agency and the developer or
redeveloper providing for protection and maintenance of that portion
of the dune which is located adjacent to or within the area subject
to the Redevelopment Plan.
[Ord. #1056, AIII, § 3-1]
The Borough Manager or his designee and/or the Borough Code
Enforcement Officer and/or the Chief of Police shall enforce the affirmative
duty of each bayfront owner, as set forth in this Chapter, 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. The notice shall also advise that
unless the owner shall take appropriate corrective action and complete
the same within 30 days from the day of mailing said notice, the Borough
may perform such acts of protection and/or restoration at the expense
of the owner. Such expenditures by the Borough, if any, shall be due
and payable 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 addition to the action described above, the owner may, at
the election of the enforcement officials or the Borough Council,
be prosecuted for violation of this Chapter in accordance with this
section.
[Ord. #1056, AIII, § 3-2]
For any and every violation of this Chapter, the owner of lands
abutting the beach or dune area where such violation has been committed
or any violator, person, firm or corporation found guilty in the Municipal
Court of the Borough of Keansburg of a violation of the terms of this
Chapter shall be subject to one or more of the following in the discretion
of the Municipal Court Judge: imprisonment in the county jail or in
any place provided by the municipality for the detection of prisoners,
for any term not exceeding 90 days or by a fine not exceeding $1,000
or by a period of community service not to exceed 90 days.
Except as otherwise provided, each and every day in which a
violation or any provision of this Chapter exists, shall constitute
a separate violation. In addition, each violation of this Chapter
shall be considered a separate offense upon each and every day in
which a violation exists.
[Ord. #1056, AIV, § 3-2]
If any part or parts of this Chapter are for any reason held
to be invalid, such adjudication shall not affect the validity of
the remaining portions of this Chapter.
[Ord. #1056, AIV, § 4-2]
All Ordinances or parts of Ordinances in conflict with or inconsistent
with the provisions of this Chapter are hereby repealed except that
this repeal shall not affect or prevent the prosecution or punishment
of any person for any act done or committed in violation of any ordinance
hereby repealed prior to the effective date of this Chapter.
[Ord. #1056, AIV, § 4-3; amended 5-18-1999 by Ord. No. 1258 ]
Any application pending before the Planning Board which has
not received preliminary approval prior to the effective date of this
Chapter shall be subject to the terms of this Chapter. Any pending
application for a Building Permit, which did not require or did not
receive Board approval, shall also be subject to the terms of this
Chapter.
[Ord. #1056, AIV, § 4-4]
This Chapter shall take effect upon its final adoption and publication
according to law.
[Ord. #1056, AIV, § 4-5]
If any section, paragraph, subdivision, clause or provision
of this Chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged and the remainder of this Chapter shall be deemed valid
and effective.
