[Ord. No. 2018-12, § 1, 11-7-2018]
This chapter shall be known and cited as the "Beach and Dune
Maintenance Ordinance."
[Ord. 2007-02 § 1,
2007; amended by Ord. No. 2018-12, § 1, 11-7-2018]
The mayor and governing body of the Borough of Ship Bottom finds
and declares that the protection of the ravages of the Atlantic Ocean's
storms, hurricanes, high tides, etc., is essential to the protection
of persons and property and for the protection of the public health,
safety and welfare of the municipality and its inhabitants. That the
beach-dune system is the front line of protection for the life and
property of the Borough. The mayor and governing body further finds
and declares that contouring of the beach-dune system is essential
to proper beach and dune maintenance and that a properly maintained
contour of the beach-dune system is essential in diminishing wave
wash and wind velocity erosion. It is the purpose of this chapter
to protect the people and property of the Borough and to preserve
the health, safety and welfare of the Borough and its inhabitants
by regulating and promoting beach-dune system protection. That the
maintenance of the beach-dune system, when necessary on private property,
is the responsibility of the property owner(s) and, in the absence
of such maintenance, the Borough, in consultation with its municipal
engineer, shall take the necessary measures to restore that portion
of the beach-dune system that falls upon private property in order
to protect the interests of the Borough.
[Ord. No. 2018-12, § 1, 11-7-2018]
As used in this chapter:
That area which extends from the mean high water line of
the Atlantic Ocean at elevation 1.5 NAVD 1988 to a point west of the
bulkhead line at elevation 6.0 NAVD 1988.
A line established by the Borough engineer as shown on maps
of the Borough.
A hill of sand accumulated along the beachfront by natural
or manmade means.
North American Vertical Data.
Construction, improvements, repairs, and maintenance activities,
which may include but are not limited to the placement of beach sand,
fill, geotubes or other material(s) in conformance with the requirements
of this chapter.
[Ord. No. 2018-12, § 1, 11-7-2018]
The municipal engineer shall prepare a base profile map of the
beach-dune system which shall set forth the slopes, grades, contours
and elevations of the beach-dune system. The base profile map shall
be approved by resolution of the governing body and shall be utilized
as the basis for all beach-dune system restoration.
[Ord. No. 2018-12, § 1, 11-7-2018]
The owner or owners of lands that have been diminished by wave
wash, wind or any other conditions that would reduce the beach-dune
system below the standards set by the engineer's base profile
map shall, subject to the notice as hereinafter provided, restore
at his or her or their own proper cost and expense, the beach-dune
system in accordance with the grades, slopes and contours as set forth
in the base profile map and pursuant to the specifications of the
Borough engineer.
[Ord. No. 2018-12, § 1, 11-7-2018]
Whenever in the opinion of the Borough engineer the conditions along the beach-dune system have been diminished so as to require beach-dune system restoration in order to maintain the necessary grades, slopes or contours as established by the base profile map, a notification of deficiency shall be made to the property owners of the affected properties or lands upon which the restoration is required. Notice shall be given by: (1) Serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) Mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon his president, a vice-president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Property owners who wish to perform their own beach-dune system restoration shall be able to do so at their own cost and expense and must apply to the Borough for a restoration permit in accordance with the provisions of Section 4.08.070 of this chapter within 10 days of receipt of the notice of deficiency. If an owner who has received notice in accordance with the provisions of this section fails to perform the restoration activities as set forth herein, then in that event, the Borough shall have the right to perform the required restoration by or under the direction of an officer of the municipality.
[Ord. No. 2018-12, § 1, 11-7-2018]
No property owner shall commence any restoration to the beach-dune
system as required by this chapter unless he or she shall have first
obtained a restoration permit from the Borough upon application on
forms prescribed by the Borough clerk or Borough engineer. The application
shall include a description of the restoration activities to be performed,
the equipment to be used, and any other information which in the opinion
of the Borough engineer is necessary to properly review the proposed
restoration work. A restoration permit application fee shall be paid
to the Borough in the amount of $25 which sum shall be used for review
of the application and inspection of the work to be performed. Property
owners performing beach-dune system restoration at their own cost
and expense shall be responsible for obtaining any and all other permits
as may be required by state or federal law.
[Ord. No. 2018-12, § 1, 11-7-2018]
Upon approval of the application for a restoration permit by the governing body or its designee, the Borough shall issue a notice to proceed to the property owner. All restoration work approved under the permit shall commence within 10 days of the issuance of the notice to proceed, and all work must be completed by the owner within 30 days of the issuance of the notice to proceed unless such time for commencement or completion has been extended by approval of the governing body. In the event that the owner fails to either commence or complete the restoration work within the approved times, then, in that event, the Borough shall have the right to perform the required restoration work, the cost of which shall be charged against the property restored in accordance with the provisions of Section 4.08.090 of this chapter. In no event shall restoration take place between May 15th and October 15th. All work authorized shall be finished by May 15th and may be started no earlier than October 15th unless otherwise approved by the governing body.
[Ord. No. 2018-12, § 1, 11-7-2018]
In all cases where any beach-dune system restoration has been
performed by the Borough under the provisions of this chapter on private
lands, the Borough engineer or officer of the Borough in charge of
the beach-dune system restoration shall certify the costs thereof
to the governing body. Upon receipt of the certificate of costs, the
governing body shall examine the same and, if found correct, shall
cause the cost as shown thereon to be charged against the property
on which the beach-dune system restoration was performed. The amount
so charged shall become a lien upon such lands and shall be added
to and become and form part of the taxes next to be assessed and levied
upon said lands, the same to bear interest at the same rate as other
taxes, and shall be collected and enforced by the tax collector of
the Borough.
[Ord. No. 2018-12, § 1, 11-7-2018]
Notwithstanding any provision to the contrary, nothing in this
chapter shall be construed to require property owners to increase
the height or elevation of dunes found on private property as of the
date of enactment of this section provided, however, the property
owner(s) provide to the Borough a survey of the existing dune profile
setting forth the dune elevation and contours which survey shall be
performed by a licensed engineer or surveyor and submitted to the
Borough within 30 days from the enactment of this section. The survey,
when properly submitted, shall be included as part of the base profile
map of the Borough and shall be used as the basis for beach-dune system
restoration on said property unless, in the opinion of the Borough
engineer, the existing grades, profiles, contours or elevations of
the existing beach-dune system as set forth in the survey are inadequate
for the proper protection of the beach-dune system or the Borough.
[Ord. No. 2018-12, § 1, 11-7-2018]
In the event that it shall be determined that any provision
of this chapter shall conflict with the provisions of any other sections
or chapters of the municipal code of the Borough of Ship Bottom, the
provisions of this chapter shall control.
[Ord. No. 2018-12, § 1, 11-7-2018]
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 $1,000, 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.
