[Ord. No. 2023-15, 11-28-2023[1]]
For purposes of this chapter, unless the text indicates otherwise, the following words and terms shall have the following meanings.
BEACH
The zone of unconsolidated material that extends landward from the low water line to the place where there is marked change in material or physiographic form, i.e., dune or bulkhead.
BEACH DUNE AREA
The district set off by this chapter to include all areas bounded on the southeasterly side by the Atlantic Ocean and on the northwesterly side by a line parallel width of 150 feet northwesterly from the oceanfront building line or by the nearest north-south street, whichever is the lesser distance.
BULKHEAD LINE
A line established by the Borough Engineer as shown on maps of the Borough and on file as public record in the office of the Borough Clerk; such line running parallel with and 20 feet eastwardly from the oceanfront building line.
DUNE
A hill of sand accumulated along the beachfront, usually by natural means. It shall extend from the crest of the hill 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, whether natural dunes or man-made dunes. It shall be construed to include its actual dimensions, but not less than a minimum of 14 feet elevation above mean sea level at the bulkhead line and a minimum of 16 feet elevation above mean sea level at the oceanfront building line.
OCEANFRONT BUILDING LINE
A line established by the Borough Engineer and shown on the maps of the Borough on file as public records in the office of the Borough Clerk, which shall mark the easterly limits of any permissible building construction.
SLOPE, LEEWARD
The face or surface of the dune going from its crest away from the ocean.
STRAND
That area which extends landward from the low water line to the dune line, being the same area defined above as beach.
[1]
Editor's Note: This ordinance also repealed former Ch. 4.04, Beach Protection/Bulkheads, adopted 11-7-2018 by Ord. No. 2018-12, as amended.
[Ord. No. 2023-15, 11-28-2023]
A. 
Construction prohibited. Construction of any type, southeastwardly of the oceanfront building line, except protective works approved and/or undertaken by the Borough, county, state, or federal governments is prohibited.
B. 
Construction permitted. Construction is permitted in the remainder of the beach dune area subject to the provisions of this chapter and subject to the following restrictions and regulations.
1. 
No dwellings or any part of such dwellings shall be constructed eastwardly of the oceanfront building line. Every application for a building permit for construction within 100 feet of the oceanfront building line shall be accompanied by a plot plan prepared by a licensed engineer or surveyor showing the oceanfront building line, bulkhead line, placement and elevation of the proposed structure, and all existing grades.
2. 
All construction in this area must maintain the minimum grades and elevations as set forth in the definition of "dune." In addition, such construction shall be accompanied by minimum elevations which will maintain a straight decline westerly from the oceanfront building line to the existing elevation of the westerly adjacent graded lot or street as the case may be; where no street or graded lot exists within 150 feet of the building line, the decline shall be to a minimum of 12 feet elevation above mean sea level along a line 100 feet westerly from the oceanfront building line and parallel with such line.
3. 
Excavation for purpose of placement of piling during construction is permitted, provided it is not greater than a depth of 10 feet above mean sea level, and provided further that such excavation shall not remain open longer than one week.
4. 
All construction must secure all required state permits, including, but not limited to, CAFRA permits, and otherwise comply with all requirements of the Borough Code, including, but not limited to, flood hazard prevention regulations.
C. 
The installation or placement of any device of any sort, kind, or description in the dune area as provided by this chapter other than protective works approved or undertaken by the Borough, county, state or federal government or protective devices is prohibited, except dune walkovers approved by the NJDEP and installed pursuant to approval issued by the Building Department.
D. 
To further protect the strand, beach, beach dune area, dune area, and dunes, the following additional regulations are established.
1. 
No person shall remove, cart away, or redistribute sand, or cause the removal, carting away, or redistribution of sand, by any mechanical or other means from the beach dune area.
2. 
No person shall use, walk upon, sit on, stand on, or otherwise occupy the dune area, except as authorized by the Borough relating to the removal of trash, the planting of grasses, and the preservation and maintenance of the dune area.
3. 
No person shall at any time remove, cut, burn, or destroy any snow fence or vegetation installed by the Borough upon the beach dune area. If, for any reason, the owner of the lot or parcel of land upon which the snow fence or vegetation and dune are located removes, cuts, burns, or destroys the vegetation or snow fence on the beach dune area or causes the same to be removed, cut, burned, or destroyed, the Borough, at the owner's expense, shall replace the snow fence and/or replant the dune vegetation in order to preserve the integrity of the entire beach dune area.
4. 
The removal or destruction of natural vegetation within the beach dune area is prohibited.
5. 
The alteration of any dune area by removal of sand or reduction of height is prohibited. Any alteration to the dune area permitted by this chapter shall preserve the existing dune grass and replace it on a new level.
6. 
Nothing contained herein shall be construed to prevent or prohibit the use of the beach and strand for recreational and authorized purposes, subject to express regulations as provided in this chapter and the Code.
7. 
The Borough may locate, erect, and maintain snow fencing and/or plant vegetation in the beach dune area.
E. 
Where, by act of high winds and/or tides, sand is blown or washed upon lands, including street ends lying westwardly from the dune area, such sand shall not be removed from such lands and such sand shall be returned to the beach dune area in accordance with the required permit.
[Ord. No. 2023-15, 11-28-2023]
A. 
A permit from the Borough shall be required for any construction on a dune, the dune area, or the beach dune area, and a permit shall be required for the removal and return of sand on property back to the dune, dune area, or beach dune area. When a permit is sought for removal and return of sand only and no construction is proposed, the cost for the permit shall be $50. When a permit is sought for any construction of any type, the cost for the permit shall be $150. The cost of any such permit shall be in addition to the applicable fee for a building permit issued.
B. 
The permit applications shall be filed with the Building Department and include the name and address of the applicant, the contractor information, the location of sand to be moved or displaced, the nature and purpose of the proposed moving or displacement, the proposed method by which the applicant desires to move, return, or displace the sand, a description of the equipment, machinery or other apparatus to be used, an estimate in terms of cubic yards as to the quantity of sand to be moved or displaced, and such other information consistent with this chapter as may be required by the Building Department.
C. 
No permit shall be issued without a determination by the Borough Engineer based upon an inspection of the area involved and a report thereon, filed with the Construction Official, that the removal will not create or increase a danger or hazard to life or property. The Borough Engineer and the Construction Official shall be the two signatures required on the permit. No permit will be granted if the proposed moving or displacement will:
1. 
Adversely affect the littoral drift on the beach dune area;
2. 
Result in a reduction of dune protection and the dune area;
3. 
Interfere with the general configuration of the beach dune area of the subject property or neighboring properties; or
4. 
Take place during the period of May 16 through October 14 of each year, such date to be inclusive, except the removal and return of sands displaced by winds and/or tides.
D. 
A deposit and guarantee shall be made by the applicant at the time of the issuance of the permit in an amount equal to $5,000. Such deposit shall be refunded upon the Borough Engineer's approval of the work which has been done. If the work has not been done in compliance with the specifications contained in this subsection, the Borough shall have the right to have the work done as so required, charging the costs thereof against the deposit or guarantee. Any portion of the deposit remaining unused for such purpose shall be returned to the applicant.
1. 
The guarantee shall be made payable to and deposited by the Borough and shall be in the form of cash or a certified check. The Borough shall issue its receipt for such deposits, shall cause them to be deposited in the name of the Borough, shall be retained as security for completion of all requirements and returned to the owner on completion of all required work, or in the event of default on part of the applicant, shall be used by the Borough to pay the cost and expense for completion of all requirements.
2. 
In the event the deposit shall be insufficient to pay for the required work to be performed for the required repairs, the property owner shall remain liable for the additional amounts necessary to complete the repairs. Neither the permit, nor any building permits or certificates of occupancy, shall be approved relating to the property until the work is paid for in full by the owner and completed. In addition, a summons may issued for violation of this chapter as set forth herein.
3. 
All cash guarantees required herein shall be invested by the Borough in interest-bearing accounts in the name of the Borough, and the interest earned shall accrue to the benefit of the applicant. No interest shall accrue on funds deposited as a performance guaranty.
[Ord. No. 2023-15, 11-28-2023]
Specifications for moving or displacement of sand shall be in accordance with the requirements of the Borough Engineer and 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 Borough Engineer.
B. 
The applicant shall preserve the existing dune grass and replant dune grass after the final grading has been completed. In no case will the coverage of dune grass be less than 12 inches on center in any direction. All new plantings shall be fertilized with a suitable fertilizer.
C. 
The applicant shall place a one-inch mat of salt hay over the entire area of the dune which has been disturbed during construction.
D. 
The applicant shall install and/or replace any snow fence with new sand fence along the center line of the dune and position the sand fence so that it conforms with the alignment of existing sand fence installations to the north and south.
E. 
The applicant shall notify the Borough Engineer and the Code Enforcement Officer 24 hours in advance of the time that construction work will start. The applicant's contractor shall work in a diligent manner and shall fully complete the restoration within 10 days from the start of work.
[Ord. No. 2023-15, 11-28-2023]
A. 
The Borough Engineer shall plot the bulkhead line and the oceanfront building line, as defined in this chapter, upon the tax maps of the Borough. The tax maps shall be on file in the office of the Borough Clerk and available for inspection.
B. 
The bulkhead line and the oceanfront building line shall be included in all tax maps and zoning maps of this Borough published following the effective date of this amendment.
C. 
The Code Enforcement Officer, Zoning Officer, and the Police Department are designated as the person(s) responsible for the enforcement of this chapter.
[Ord. No. 2023-15, 11-28-2023]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment or community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this chapter shall be subject to abatement, summary judgment, or a restraining order or injunction issued by a court of competent jurisdiction.