It is the purpose of this article to define those environmentally
sensitive areas, such as the beaches, dunes and wetlands unique to
the barrier island environs of the Jersey shore, as well as those
recreational resources created by man for his enjoyment, in order
to protect, enhance and preserve for the general public. Consistent
with the overall purpose and intent, this article is the exercise
of the power of the municipality to protect the resources of the community
in the interest of the safety and welfare of the general public.
It is hereby noted as a finding of fact that the City of Brigantine,
as a barrier island in the New Jersey Coastal Zone, is a unique environment
requiring special means of maintenance, protection and preservation.
There are three separate and distinct areas in the Conservation Zone,
each with a distinct declaration and finding of fact.
A.
Dune and beach.
(1)
Certain portions of the beachfront and strand bordering on the Atlantic
Ocean, the entire length of the oceanfront from the north City boundary
line to the stone jetty on the north side of the Absecon Inlet, have
in the past suffered from damage caused by storms and storm tides,
at which time the sea has encroached upon the land and has caused
damage to both public and private property and has endangered the
safety and welfare of the general public.
(2)
The situation created along the beach by reason of such storm tides
and resulting damage has been so serious that thousands of dollars
of both public and private funds have been expended for the erection
of bulkheads, sand fences and other devices intended to prevent.
(3)
It has been demonstrated that well-established and protected sand
dunes, together with berms, beaches and underwater slopes of suitable
configuration and of proper grade and height, are some of the elements
of a durable and effective protection against tides and flooding and
against damage by the ocean under storm conditions, and are the natural
protection of the coastal areas adjacent thereto, and the state and
its subdivisions and their inhabitants have an interest in the continued
protection thereof and in the need to restore them in the event of
damage or destruction.
(4)
Sand dunes are vulnerable to erosion by both wind and water, but
primarily by 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 slopes, the
dunes are attacked by water only at infrequent intervals. The best
available means of protecting said dunes against wind erosion is by
preventing indiscriminate trespassing, construction or other acts
oceanward of the development restriction line which might destroy
or damage said dunes and through the use of native plantings, supplemented
by sand fencing and other devices designated 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.
(5)
The immediate dune and beach areas, located between the ocean and
the development restriction line, are not capable of rigid definition
or delineation or of completely firm stabilization, so that particular
sites at the time free of dunes, may, as a result of natural forces,
become part of the dune area necessary for the continuation of the
protection outlined above. The residents of the City of Brigantine
must therefore be prepared to revise the development restriction line
from time to time.
(6)
The erosion of the beachfront has created a threat and danger to
the property and life of persons in the City of Brigantine by reason
of the destruction of the sand barriers which protect the City's oceanfront
on both public and private property within the City of Brigantine.
(7)
The interference with or the depletion of the beach and sand dunes
tends to permit encroachment by the sea, and conditions recited above
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
City of Brigantine.
B.
Wetlands.
(1)
In agreement with the Legislature of the State of New Jersey, the
City of Brigantine finds and declares that one of the most vital and
productive areas of the barrier island system is the estuarine zone.
(2)
This area protects the land from the force of the sea, moderates
the weather at the shore, provides a home for waterfowl, fish and
shellfish and assists in absorbing sewerage discharge by the rivers
of the land.
(4)
The
wetlands naturally perform the wastewater treatment process of removing
phosphorous and nitrogenous water pollutants.
C.
Golf course.
(1)
One of the unique recreational and environmental assets other than
the coastal environs within the City of Brigantine is the golf course
area established during the initial development of the island. This
course is the only such recreational feature on any barrier island
along the New Jersey shore.
(2)
The existence of a recognized eighteen-hole regulation golf course
adds not only to the recreational opportunities of the residents of
the City, but is a vital element of the total open space available
for the visual enjoyment of those residents adjoining the facility.
(3)
Such a golf course, by its open and spacious nature, offers a counterbalance
to the residential densities of the City.
(4)
The long-range impact of establishing and maintaining an uplands
recreational facility with substantial contiguous open space is in
the best interest of the residents of the City of Brigantine.
The following regulations are applicable to the C-1 Zone District,
which is comprised of the Dune Maintenance District, Dune Restoration
District and Dune Reconstruction District as shown on the maps of
the Brigantine Dune and Shoreline Management Plan, and the wetlands.
A.
Prohibited activities. Within the above-designated areas of the C-1
District, no construction of any type shall be allowed except works
undertaken by the City of Brigantine as approved by the Division of
Coastal Resources, New Jersey Department of Environmental Protection
and/or United States Army Corps of Engineers when required by regulations
and the following activities within the beach and dune areas:
(1)
Sand fencing placed to encourage the accumulation of sand and enhance
the growth of the dune system.
(2)
Temporary or seasonal structures utilized by lifesaving personnel.
(3)
Raised walkways designed to allow pedestrian access to the beach,
while protecting the dune system from damage due to pedestrian travel.
(4)
Protective fencing placed to control access to endangered species,
such as the least tern.
B.
Beach access.
(1)
Access to the beach shall be along and within designated beach accessways
as shown on the Brigantine Beach Access Plan, such as street ends
or properly constructed and permitted walkways.
(3)
No access across the dune systems located between the ocean and the
development restriction line shall be restricted or denied from the
reasonable and safe use, as permitted by the governing body, of the
general public.
(4)
All beach accessways shall be linear and direct pedestrian movements
from the uplands to the beach without unnecessary or uncontrolled
movements from the accessway.
(5)
Commercial and multifamily developments adjacent to the beach and
dune system shall be encouraged to construct beach accessways for
the use of the general public in accordance with the intent of this
section.
C.
Beach access structures.
(1)
The development of beach access structures which protect the dune
fields, as well as natural and artificial means used to stabilize
said dune fields, is hereby encouraged by this chapter.
(2)
In addition to those beach accessways shown in the Beach Access Plan,
the City of Brigantine may, from time to time, require and request
the development of additional beach access structures.
(3)
In any development application, the Planning Board shall require
that persons seeking to develop property adjacent to dunes in the
Conservation District for either multifamily or commercial uses erect
beach accessways at the sole cost and expense of the applicant. Any
application for development or subdivision shall include as part of
said application a legal description and plot plan showing the development
restriction line. No development shall be permitted beyond said line.
(4)
Beach accessways will be constructed in such a manner as to protect
the right of public access to the beach and shore front.
(5)
In cases where the most appropriate accessway is determined to be
at or originating from a street end, the Planning Board and/or City
shall require that the applicant erect, own and maintain such accessways
on an easement and under a declaration of covenants and restrictions
agreed to by the applicant and the City.
(6)
In the case of single lots for development of single-family dwellings,
the Construction Official shall refer the applicant to the governing
body for determination as to whether the erection of any beach accessway
should be required.
D.
Sand fencing. The City may erect or require the installation of sand
fencing in and along the districts delineated by the Dune and Shoreline
Management Plan[1] as may be necessary to accomplish the purposes of this
chapter and require signage to identify the same. Persons may enter
such areas only to carry out the purposes of this chapter. Where beach
accessways exist, the dune field shall be suitable bordered with sand
fencing to prevent damage to the dunes or berms which they cross.
[1]
Editor's Note: Said plan is on file in the City offices.
E.
Special permit required. No individual, firm or corporation shall
be permitted to move or displace sand within the C-1 Zone District
except to protect improvements to their prior condition. Prior to
the commencement of such activities, a special permit shall be required
pursuant to the review and approval of the governing body.
F.
Information required for permit review. The following information
shall be furnished in any application to the Municipal Engineer for
the movement and displacement of sand in the C-1 District:
(1)
The name and address of applicant.
(2)
The location of site and boundaries of the sand to be removed.
(3)
The nature and purpose of the proposed activity.
(4)
A description of the methods by which the applicant intends to move
or displace the sand, including a listing and description of the equipment,
machinery or any other apparatus to be used.
(5)
An estimate of the volume of sand, expressed in cubic yards, to be
moved or displaced.
(6)
A topographic survey, prepared by a professional land surveyor, showing
the existing conditions of the site.
(7)
A grading plan, prepared by a professional engineer, showing the
proposed grades and contours of the site upon completion of the proposed
project.
(8)
A delineation of the methods of stabilization to be used during construction,
including a construction timetable.
(9)
Any reasonable information that may be required by the Municipal
Engineer in order to fully review the application.
G.
Conditions for the issuance of permit.
(1)
No permit in the C-1 District shall be issued without a determination
by the Municipal Engineer, based on an inspection of the site, that
such removal or displacement of sand shall not create a danger or
hazard to the property or the general public.
(2)
No permit shall be granted if the movement or displacement of sand
will:
(b)
Result in a reduction of dune protection and the dune area as
provided for the Dune and Shoreline Management Plan.
(c)
Interfere with the general configuration of the beach and dune
areas of either the property in question or the adjoining beachfront
properties.
(d)
Interfere with the general configuration of the districts as
delineated by the Dune and Shoreline Management Plan.
(e)
Otherwise substantially impair or interfere with the intent
and purpose of his chapter.
H.
Specifications for the movement of sand. The following specifications
shall be applied to the movement or displacement of sand within the
C-1 Zone District:
(1)
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 Municipal Engineer.
(2)
The applicant shall be required to preserve all existing dune grass
during the course of any construction work, removal or displacement
of sand within the dune field. The reestablishment or transplanting
of dune grasses shall be American beach grass (Ammophila breviligulata)
and such dune grass shall be planted in conformance with the current
standards of the United States Department of Agriculture Soil Conservation
Service. Reference is made to Technical Note NJ-25, Guide for Dune\Protection,
New Jersey dated October 1978.
(3)
The applicant shall place a one-inch mat of salt hay over the entire
area of the portion of the dune which has been disturbed during construction.
(4)
The applicant shall preserve all existing dune grass during the course
of any construction, removal or displacement of sand within the dune
field. The reestablishment or transplanting of dune grasses shall
be required in all disturbed areas.
(5)
Where, by the action of high winds and/or tides, sand is blown or
washed upon the lands, including street ends, lying westwardly from
the dune line, such sand shall be placed only on the back-beach area.
(6)
It is required, in addition to the planting of dune grass, that the
applicant shall install sand fencing. Said fencing shall be set in
a parallel row or rows in the backshore area and along the fore dune
according to the specification of the City Engineer.
(7)
The applicant shall notify the Municipal Engineer 72 hours prior
to the start of construction or work.
I.
Movement of sand by natural forces. Where, by the action of high
winds and/or tides, sand is blown or washed upon the lands, including
street ends, lying westwardly from the development restriction line,
such sand shall be placed only on the back-beach area.
J.
Permit fees.
(1)
Each application for a permit to move or displace sand in the C-1 Zone District shall be accompanied by the fees as specified in § 198-17 of this chapter. This shall include both an inspection fee for the City Engineer and legal fees.
(2)
The applicant shall be responsible for retention and payment to the
professional engineer for the filing and preparation of an application
for a permit.
K.
Performance guaranty.
(1)
A cash bond of not less than $1,000 shall be deposited by the applicant
at the time of the issuance of the permit. The actual amount of said
bond shall be determined by the Municipal Engineer, based on the scope
of the work.
(2)
The bond shall be refunded upon the Municipal Engineer's approval of the work which has been done. If the work has not been in compliance with the specifications contained in Subsection H herein, the City shall have the right to have the work done as so required, charging the cost thereof against the bond. Any portion of the deposit remaining unused for such purpose shall be returned to the applicant. No interest shall accrue on funds deposited as a performance guaranty.
L.
Permit review procedure. Any application to move or displace sand in the C-1 Zone District shall be reviewed in conformance with § 198-13B, Application for minor site plan approval.
M.
Form of City approval.
(1)
All permits to move or displace sand in the C-1 Zone District shall
be issued by the City government of the City of Brigantine, in the
form of a resolution, for temporary activities on City-owned properties,
or in the form of ordinance, granting an easement over City-owned
properties for permanent activities.
N.
Stop-work order. The Municipal Engineer is empowered to pursue such
equitable and legal relief as may be necessary to abate any violation
of this chapter. In the event that the violation involves either the
movement or displacement of sand or conduct in violation of any permit
issued pursuant to this section, the Municipal Engineer is hereby
empowered to issue a stop-work order, in addition to pursuing any
legal or equitable remedy hereunder.
O.
Adoption of dune and shoreline management plan. The following are
hereby adopted:
(1)
The Dune and Shoreline Management Plan as set forth and delineated
in Section III of the Dune and Shoreline Management Plan prepared
for the City of Brigantine by Pennoni Associates, Inc., consisting
of an index map and 16 pages dated June 24, 1981, and revised August
12, 1981.[4]
[4]
Editor's Note: The Dune and Shoreline Management Plan is in
file in the City offices.
(2)
The Beach Access Plan prepared by Pennoni Associates, Inc., consisting
of 16 pages dated August 14, 1981, all of which are considered to
be supplemental to the Official Zoning Map and Tax Map, previously
adopted by the City Council.[5]
[5]
Editor's Note: The Beach Access Plan is on file in the City
offices.
The following regulations are applicable to the C-2 Zone District,
which is comprised of the country club facility and adjoining golf
course, commonly referred to as "Brigantine Country Club":
A.
Preservation of existing facilities. Within the context of the Brigantine
Master Plan and this chapter, any development activity which impairs,
restricts or eliminates the existing use of the C-2 Zone District
as a country club and golf course is prohibited. The repair, reconstruction
or replacement of the country club and golf course is permitted and
encouraged.
C.
Accessory uses are as follows: customary accessory uses and structures
incidental to the principal uses and structures, such as country clubs,
golf and tennis equipment stores, maintenance buildings, motels and
yacht clubs.
D.
Area and bulk requirements. The expansion of the existing country
club facilities or reconfiguration of the golf course shall be reviewed
as a conditional use. Area and bulk requirements shall be determined
by the findings and purposes of this article.
