[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette.
Amendments noted where applicable.]
A.
It has been clearly demonstrated that well-established
and protected sand dunes, together with properly maintained beach and dune
areas, along with functional structures in critical areas, are an effective
protection against high tides and flooding and against property damage by
the ocean under storm conditions and provide desirable protection of the coastal
areas adjacent thereto, and the State of New Jersey, along with its political
subdivisions and their inhabitants, has an interest in the continued protection
and preservation thereof and in the restoration of them in the event of property
damage or destruction.
B.
The developed coastal area of New Jersey, including developed
barrier islands and adjacent shorefront areas, represent in their developed
state a unique and invaluable social, economic, recreational and aesthetic
resource.
C.
Given the present degree of commercial and residential
development in these areas, given the measurable and intangible benefits that
accrue to the residents of the State of New Jersey and the public at large
from the beach, boating, fishing and vacation facilities that this diversely
developed coastal area offers and given the present extensive knowledge of
the protective and restorative nature of beach nourishment and other selected
coastal engineering programs, it is hereby declared that it is appropriate,
essential, feasible and in the public interest to preserve, protect and enhance
these coastal regions in their developed state.
D.
It is the purpose of this chapter to define the areas
so affected and to establish regulations to assure their continued effectiveness.
This chapter 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.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes either natural or artificial land. “Natural accretion”
is the buildup of land, solely by action of the forces of nature, on a beach
through the natural depositing of waterborne or airborne material. “Artificial
accretion” is a similar build-up of land by reason or an act of man,
such as the accretion formed by a breakwater or beach fill or where deposited
by mechanical means.
Sloping, unvegetated areas of sand that extend landward from the
mean high-water line to the dunes, boardwalk, paved surface or private or
public yard, street or sidewalk.
An area located seaward of the boardwalk delineating a beach zone
presently without dunes. The width of the DDD will extend an average of 30
feet from the boardwalk line toward the ocean. Placement of fence and planting
of vegetation will be completed in an effort to trap windblown sand and develop
a dune. The DDD is considered to have dynamic boundaries which move in response
to seasonal winds and storms. Consequently, the boundaries of the DDD will
be reviewed every 12 months and following any storm which damages large portions
of the district. The boundary review process will be conducted by the Borough
Council, Environmental Advisory Committee and, if possible, representatives
of the New Jersey Department of Environmental Protection, Division of Coastal
Resources.
That certain line which shall consist of a series of connected points
closest to the ocean which are 100 feet landward from the seaward side of
the dunes or 100 feet landward from the westerly side of the boardwalk line.
The wearing away of land by the action of natural forces; on a beach,
the carrying away of beach sediments by wave action, tidal currents, littoral
currents and wind.
A dune between the westerly edge of the boardwalk line and the dune
line which is protected by an approved bulkhead meeting Borough and state
standards for construction and elevation.
The 1929 datum established by the United States Coast and Geodetic
Survey or such other datum as may be established by the United States Army
Corps of Engineers or other properly authorized agencies.
A wind- or wave-deposited formation of vegetated or drifting windblown
sand, generally parallel and landward between the inland limit of the beach
and the foot of the most inland dune slope, including primary, secondary and
tertiary dunes where they exist. Formations of sand immediately adjacent to
beaches that are stabilized by retaining structures, such as snow fences,
planted vegetation and other measures are considered to be natural dunes regardless
of the degree of modification of the dune by wind or wave action or disturbance
by development. A “natural dune” shall not include loose windblown
sand found in a street or on a part of a structure as a result of storm activity.
Natural persons, partnerships, firms, associations, joint-stock companies,
syndicates and corporations and any receiver, trustee, conservator or other
officer appointed pursuant to law or by any court, state or federal. “Person”
also means the State of New Jersey, counties, municipalities, authorities,
other political subdivisions and all departments and agencies within the aforementioned
governmental entities.
Includes the term “snow fence” and shall mean a barricade
established in a line or pattern to accumulate sand and aid in the formation
of a dune. It shall include but not be limited to the commercial variety of
light, wooden picket fence held together by wire and secured by posts.
This means that the area which extends from the mean high-water line
to the dune line, as herein before defined.
A.
Within beach areas, no person shall undertake or cause
to be undertaken any activity, including the construction, relocation, reconstruction,
modification, expansion or demolition of any temporary, mobile or permanent
structure, except, upon the approval of the governing body. The following
uses may be permitted:
(1)
Open space, beach or water recreation.
(2)
Boardwalks and steps to permit access across the dunes
to the beach, without damage to the dunes themselves.
(3)
Sand fences to encourage the accumulation of sand.
(4)
Pavilions or similar small platforms less than 400 square
feet in an area, provided that they do not have solid walls, are mounted on
suitable pilings and provided, further, that it shall be established to the
satisfaction of the Construction Official that the proposed design and construction
methods, considering the totality of the circumstances, will not:
(5)
Necessary buildings and structures for public safety
and convenience, including first-aid stations, lifeguard stations, boardwalks
and attached buildings, comfort stations, piers, dune walkover structures
and related activities.
(6)
Necessary shorefront protection and stabilization improvements,
including groins, bulkheads and activities related to beach restoration projects.
(7)
The operation of specially permitted and licensed vehicles
for recreational purposes only.
B.
Within a functional dune area, no person may modify his
property in any way which would result in an elevation at the bulkhead line
or the ocean side setback line, less than the minimum established by the Borough’s
Construction Codes and any applicable state code.
C.
Within a functional dune area, a property owner may remove
clean windblown sand, to the extent permitted by state regulations. Such removed
sand must be deposited easterly of his property line or the boardwalk.
D.
Within the natural dunes and dune development district
areas, the following activities are prohibited:
(1)
The operation of any motor vehicle except in designated
accessways.
(2)
The removal of sediment and native vegetation unless
removal is part of site preparation, and the removed vegetation shall be replanted
where conditions permit.
(3)
Placement of nonliving trees, brush, shrubs and other
debris.
(4)
Pedestrian or vehicular traffic on or over dunes or sand
fencing.
(5)
Removal, mutilation or destruction of sand or sand fencing
unless removal is part of site preparation, and shall be replaced where conditions
permit.
E.
Within a shorefront protection area, except as permitted
elsewhere in this chapter, no person shall undertake or cause to be undertaken
a regulated activity hereinafter defined until he has applied for and received
a permit issued by the Construction Official.
F.
No person shall build or maintain an outdoor fire on
any beach or other public or private property within the Borough of Lavallette.
A.
“Regulated activities” shall mean and include:
(1)
The construction, relocation, modification, expansion
or demolition of any temporary, mobile or permanent structure subject to applicable
building standards.
(2)
The removal, excavation, filing or deposition of any
soil, mud, sand, gravel or other material except as noted hereinafter.
(3)
The construction, reconstruction or major repair of any
public facilities, including but not limited to roads, sewers, bridges, electric
power, telephone, gas and water lines.
(4)
The construction of pipelines and other linear development.
(5)
The designation and development of accessways and pedestrian
paths and walkways through dunes.
B.
“Regulated activities” does not mean or include:
(1)
The operation of motor vehicles by government agencies
for public safety, beach maintenance and emergency purposes.
(2)
The operation of motor vehicles outside of beach and
dune areas.
(3)
The repair of any existing structure, provided that such
repair is authorized by a construction permit and does not conflict with any
other provision of this Code.
(4)
The removal of sand from a designated driveway or accessway
within the shorefront protection area.
(5)
Any sand deposited by action of wind or water on private
and/or public properties between the dune line and Route 35 north may be removed
but must be deposited east of the bulkhead line and/or boardwalk.
The following standards shall apply within the shore protection area:
A.
All new buildings shall be designated and constructed
to remain in place under flood conditions in accordance with the current provisions
of the Federal Emergency Management Agency’s National Flood Insurance
Program and their rate maps as enforced through the Borough Construction Official.
B.
Construction standards of all new buildings and structures
shall conform to the provisions of the State Uniform Construction Code and
standards set forth in the National Flood Insurance Act.
C.
The Construction Official shall review all construction
permit applications, including new construction and substantial improvements
to existing structures to assure that any such building activity conforms
to applicable construction standards.
A.
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.
B.
In addition to the above penalties, the
Borough of Lavallette is hereby empowered to pursue such legal and equitable
relief as may be necessary to abate any violation or enforce any condition
of this chapter.
