[Adopted 8-4-1992]
This article shall be known as the "Dune Preservation
Ordinance."
Development is prohibited on dunes, except for development that has no prudent or feasible alternative in any area other than a dune, and that will not cause significant adverse long-term impacts on the natural functioning of the beach and dune system, either individually or in combination with other existing or proposed structures, land disturbances or activities. This article is to be read in concert with Chapter 130, Land Use, § 130-37E, as amended November 1984, and use regulations in B-3 Zones, § 130-38C(6).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Limited designated accessways for pedestrians
and authorized motor vehicles between public streets and the beach
that provide for the minimal feasible threat to breaching or overtopping
as a result of storm surge or wave run-up shall be utilized.
Limited stairs, walkways, pathways and boardwalks
to permit access across dune to beach shall be provided, because minimal
feasible interference with beach and dune system must be utilized.
The planting of native vegetation to stabilize
dunes is highly encouraged. Sand fencing and either a brush-type barricade
or a picket-type to accumulate sand and aid in dune formation is highly
encouraged.
A.
Prohibitions.
(1)
No person, firm, or corporation shall place any structure
or object of any kind within the dune areas of the Borough.
(2)
No person shall trespass by foot on or across the
dune areas of the Borough.
(3)
No person shall operate any bicycle or motor vehicle
of any kind on or across the dune areas of the Borough.
(4)
No person shall remove or destroy the natural vegetation,
dunes, fences, or other types of dune-protective devices in the dune
areas of the Borough.
B.
Exceptions. This section is not intended to prohibit
the officers and employees of the Borough and other authorized personnel
from entering into and upon the dune areas for the purpose of cleaning,
maintenance, repair, restoration and planting in order to preserve
and to protect the dune areas in the Borough.