a.
It has
been clearly demonstrated that well established and protected sand
dunes, together with berms, beaches and underwater slopes of suitable
configuration and or proper grade and heights, are a durable and effective
protection against high tides and flooding, and against damage by
the ocean under storm conditions, and are the natural protections
of the coastal areas adjacent thereto, and the State and its subdivisions
and their habitants have an interest in the continued protection thereof,
and in the right to restore them in the event of damage or destruction.
b.
The dunes
are vulnerable to erosion by both wind and water, but primarily wind,
since its attacks against the dunes are sustained for substantial
and frequently recurring periods of time, whereas, if protected by
typical berms, beaches and underwater slops, the dunes are attacked
by water only at infrequent intervals. The best available means of
protecting the dunes against wind erosion is by preventing indiscriminate
trespassing, construction or other acts which might destroy or damage
the dunes, and through the use of native plantings, supplemented by
sand fencing and other devices designed to prevent the free blowing
of sand and the maintenance of the surface tensions, root accumulations,
normal contours and other features found in typical natural dunes.
c.
The immediate
dune and beach area is not capable of rigid definition, or delineation,
or of completely firm stabilization, so that particular site, at one
time free of dunes, may, as the result of natural forces, become part
of the dune area necessary for the continuation of the protection
above outlined, and persons purchasing or owning such property do
so subject to the public interest therein.
d.
It is
a purpose of this section to define the areas so affected and to establish
regulations to assure their continued effectiveness. This section
is declared to be an exercise of the police power in the interest
of safety and welfare and for the protection of persons and property.
e.
The erosion
of the beachfront during the storm of March 6th and 7th, 1962, created as immediate and
imminent threat and danger to life of persons and property in the
borough by reasons of the destruction of the sand barriers which protect
the borough’s oceanfront to the end that it becomes necessary
to the health, safety and welfare of the borough to repair, restore,
replace or construct protective barriers on both public and private
property within the borough.
f.
The interference
with or depletion of the beach and sand dunes tends to permit encroachment
by the sea and the conditions above recited make it imperative that
the governing body regulate and control the removal of sand from the
beach or dunes or any other interference with or depletion of the
protective barrier on the oceanfront of the borough.
[Ord. No. 2004-16; Ord. No. 2019-06]
As used in this chapter:
The following vehicles:
Any vehicle operated by employees of the Borough, State and
Federal government and emergency services personnel.
Any vehicle operated by contracted personnel.
Permitted vehicles as defined in Chapter 4-2 Licensing of Beach
Vehicles.
Electric motorized beach wheelchairs or mobility devices not
exceeding three HP. No motorized wheelchair or mobility device shall
be operated on the beach at a speed in excess of five miles per hour
at any time. No passengers may be transported on any such motorized
wheelchair or mobility device without the written permission of the
Chief of Police.
That zone of the shore or beach lying between the foreshore
and dune area, and normally acted upon by waves only during severe
storms, especially when combined with exceptionally high water.
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. Includes
foreshore and backshore.
The district set off by this chapter to include the dunes,
beaches, strand, backshore and foreshore, and the areas where, according
to a normal beach profile, the same would or should exist. The beach-dune
area, as defined herein, has been established by Thomas J. Taylor
Associates, Borough Engineers, and constitutes all that area lying
eastwardly of the building line as hereinafter defined.
Includes the term “walkway” and shall mean a
walk or promenade of planking built across the dune line or berm to
connect the street ends or other property with the open beach. These
shall be perpendicular to the western boundary of the dune zone, and
in no case shall a wooden promenade parallel to or along the beach
be permitted. The height, width, length, and type of construction
of these must be approved by the borough engineers.
The line so designated on map entitled “Ocean Front
Building Line and Bulkhead Line for the Borough of Harvey Cedars”,
prepared by Thomas J. Taylor, Associates, Borough Engineers, dated
March 5, 1965 and on file in the office of the borough clerk, and
as designated on any future revision thereof by map or maps prepared
by the borough engineers and kept on file in the office of the borough
clerk.
The area actually or normally occupied by dunes. For purpose
of this chapter it shall be construed to include its actual dimensions
or according to a computed profile with a height of 14 feet above
mean sea level, a crest of 20 feet and a leeward slope of 1.5, whichever
shall be greater, but not greater than 50 feet from the average seaward
side of the dune crest as computed by the borough engineers and provided
further that the leeward slope shall in no case be made steeper than
1.5.
A row of dunes, which may blend in with a berm or berms,
which blend in with each other, are roughly parallel to the ocean,
and serve as a protective barrier against the elements.
A hill of sand accumulated along the beachfront, usually
by natural means. It shall extend from the backshore to the line where
the normal leeward slope intersects the established grade of the hinterland.
The part of the shore, lying between the crest of the seaward
berm and the ordinary low water mark, that is ordinarily traversed
by the uprush and back rush of the waves.
Includes the term “sea level” and shall refer
to the 1988 Sea Level Datum established by the U.S. Coast and Geodetic
Survey, or such other datum as may be established by the U.S. Army
Corps of Engineers or other properly authorized agencies.
A dune created by natural forces, or one that has developed
the contours, vegetation, root systems, etc., characteristic of dunes
so created.
Includes the terms “native vegetation” or “indigenous
vegetation”. Specifically it shall mean such plants as beach-grass
(Ammophila Breviligulata), dusty miller (Artemisia Stelleriana), hudsonia
(Hudsonia Tomentosa), sea rocket (Cakile Endentula), seaside goldenrod
(Solidago Sempervirens), bayberry (Myrica Pennsylvanica) or beach
plum (Prunus Maritima) which normally grow, or may be planted on the
slopes of dunes or behind them; no distinction is made as to how such
plants are introduced into their locations.
Includes the term “snow fence” and shall mean
either of two types of barricade established in a line or a pattern
to accumulate sand and aid in the formation of a dune.
BRUSH TYPE:
This consists of dead bushes, trees, reeds or similar debris
collected in bundles and fixed by stakes or similar means.
PICKET TYPE:
This shall be the commercial variety of light wooden fence,
held together by wire and secured by posts.
The face or surface of the dune or berm going from its crest
or plateau away from the ocean.
The same area included within the definition of beach.
This chapter shall be applicable to the beach-dune area as hereinbefore
defined.
[Ord. No. 2010-16; Ord. No. 2014-08]
a.
No construction
of any sort shall be allowed in the foreshore or backshore area thereof
excepting protective works undertaken by the borough, with the approval
of the Bureau of Navigation of the State of New Jersey and/or the
U.S. Army Corps of Engineers, as applicable.
b.
No construction
of any sort shall be allowed in the remainder of the beach-dune area
except the following:
1.
Any use
mentioned in paragraph a above.
2.
Boardwalks,
steps and walkways to permit access across the dunes or berms to the
open beach, without damage to the dunes themselves.
(a)
Elevated boardwalk structures as defined above are subject to NJDEP
design as on file at the Borough Hall.
(b)
At-grade dune walkovers or paths to the open beach consisting of
a natural sand base shall be designated as follows:
(1)
Walkover shall be fenced on both sides.
(2)
Path width should be no more than four feet wide.
(3)
Fence posts should be spaced eight feet to 10 feet apart.
(4)
Maximum post height of 24 inches connected either by rope or round
rail no more than 18 inches at its apex.
(5)
Only one walkover per property allowed.
3.
Sand
fences to encourage the accumulation of sand. Sand fences along the
ocean front may only be placed by private property owners beginning
not more than five feet east of the building line or the structure,
whichever is most eastward, and must be placed in a zigzag pattern
as per the Army Corps of Engineers design:
 |
4.
Dune
Planting.
(a)
Private property owners along the oceanfront may install dune plantings.
(b)
American beachgrass is the preferred species for stabilization of
newly established dunes, and for stabilization of the primary frontal
dune. Woody plant species are suitable for back dune and secondary
dune environments. Herbaceous plant species are preferred as supplemental
plantings for all dune areas.
(c)
Dune vegetation should be diversified as much as possible, in an
effort to provide continuous stabilization in the event that pathogens
reduce or eliminate the effectiveness of one species. A complex of
associated grasses, herbaceous species and woody species is preferred
to the planting of one species.
(d)
Acceptable dune vegetation:
|
American Beachgrass (Ammophila breviligulata)
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|
Coastal Panicgrass (Panicum amarulum)
|
|
Bayberry (Myrica pennsylvanica)
|
|
Beach Plum (Prunus maritime)
|
|
Shore Juniper (Juniperus conferta)
|
|
Seaside Goldenrod (Solidago sempervirens)
|
|
Beach Pea (Lathyrus japonicas)
|
|
Sea Oats (Uniola paniculata)
|
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Bitter Panicgrass (Panicum amarum)
|
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Saltmeadow Cordgrass (Spartina patens)
|
The commissioners shall conduct or require such hearings, and
the production of such proofs as it shall reasonably consider necessary
to establish the foregoing.
Access to the open beach in this zone shall be obtained only
across street ends or along properly constructed and authorized boardwalks
and steps. Where boardwalks and steps are constructed in street end
extensions or easement extensions, access shall be across such boardwalks
and steps only.
The construction of boardwalks and steps shall only be permitted
at street ends and at the easterly ends of vehicular easements provided,
however, that said boardwalks and steps shall be constructed at the
ends of said streets and easements which run in a generally east/west
direction.
The borough may erect or require the construction of fencing
along the western limits of the backshore and dune areas and provide
or require suitable markings to identify the same. Persons may enter
such areas only to carry out the purpose of this chapter. Where walkways
or boardwalks exist, the same shall be suitably bordered with fences
to prevent damage to the dunes or berms which they cross.
No individual shall authorize or participate in any manner in
the moving or displacement of sand within the beach-dune area unless
a permit therefor shall have been issued pursuant to an application
in writing to the board of commissioners.
The application shall contain the following information:
a.
Name and
address of the applicant.
b.
Location
of sand to be moved or displaced.
c.
The nature
and purpose of the proposed moving or displacement.
d.
Proposed
method by which the applicant desires to move or displace the sand,
including a description of the equipment, machinery or other apparatus
to be used.
e.
Estimate
in terms of cubic yards as to the quantity of sand to be moved or
displaced.
f.
Such other
information as may be required by the board of commissioners.
No permit shall be issued without a determination by the board
of commissioners based upon an inspection of the area involved and
a report thereon by the borough engineers that such removal will not
create or increase a danger or hazard to life or property.
No permit will be granted if the proposed moving or displacement
will:
a.
Adversely
affect the littoral drift on the beach-dune area.
b.
Result in a reduction of dune protection and the dune area as defined in Subsection 10-1.2 of this chapter.
c.
Interfere
with the general configuration of the beach-dune area of the subject
property or neighboring properties.
e.
Where, by action of high winds and/or tides, sand is blown or washed upon lands, including street ends, lying westwardly from the dune line, such sand shall not be removed from the lands unless a permit therefor shall have been issued pursuant to and in full compliance with the requirements set out in Subsection 10-5.2.
The borough engineers shall, by such surveys and calculations
as they find necessary, locate the beach and dune areas as defined
in this chapter, and plot the same on a plan of the borough, which
plotting, or a copy thereof shall be on file in the office of the
borough clerk and available for inspection. They shall from time to
time make any corrections in their findings and plottings that changes
in the natural or artificial features of the terrain may justify or
require.
The building inspector is designated as the person responsible
for the enforcement of this chapter.
[Ord. No. 2008-19; Ord. No. 2017-20]
No person shall undertake or cause to be undertaken any of the
following activities:
[Ord. No. 2008-19]
Any person, firm, corporation or public agency that shall be
convicted of a violation of a provision of this ordinance shall, upon
conviction whereof by any court authorized by law to hear and determine
the matter, be subject to a fine not exceeding $1,000 or imprisonment
for a term not exceeding 90 days, or both, as such court in its discretion
may impose. Each day that such violation exists shall constitute a
separate offense.
In addition to the above penalties, the Harvey Cedars Beach
Patrol, Code Enforcement Officer, Police Department or other duly
authorized officers or employees are hereby empowered to pursue such
legal and equitable relief as may be necessary to abate any violation
or enforce any condition of this ordinance.
Should any provision of this section as applied to any specific
parcel of land be adjudged by any court of competent jurisdiction
to be a taking within the meaning of the statutes relating to the
exercise of the power of eminent domain, the borough may, at its option,
if the public safety, welfare or need so require, pay into court or
otherwise secure the value of such land, and proceed to take title
to the same in accordance with the procedure then provided by law.
