[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City as indicated in article histories.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 182, Rental Restrictions, Art. I, adopted 5-15-1978 by Ord. No. 7813, was repealed 10-4-1983 by Ord. No. 8335.
[Adopted 10-4-2001 by Ord. No. 2001-7]
As used in this article, the following terms shall have the meanings indicated:
COOPERATIVE AGREEMENT
Any application for funds submitted by the City of Ventnor City to any agency of the state or federal government, or any contract entered into between the City of Ventnor City and any other agency of federal, state, or local government relating to a dunes project.
DUNES PROJECT
The creation, development, maintenance, and/or preservation of dunes built or located upon the public beaches of the City of Ventnor City as a part of any beach replenishment project.
The Board of Commissioners shall not approve any dunes project; appropriate any funds for a dunes project; enter into any cooperative agreement; nor authorize the acquisition of property or an interest in property whether by purchase, eminent domain, or otherwise, for a dunes project other than by means of an ordinance duly adopted by the Board of Commissioners, which ordinance shall, by its terms, not be effective until it has been submitted to and approved by the voters of the City of Ventnor City at an election duly scheduled for that purpose.
[Adopted 9-7-1989 by Ord. No. 8920]
A. 
It has been clearly demonstrated that well-established and protected sand dunes, together with properly maintained beach and dune areas, are an effective protection against high tides and flooding and against property damage by the ocean under storm conditions and that they provide desirable protection of the coastal areas adjacent thereto, and the State of New Jersey, along with its political subdivisions and their inhabitants, have 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 a unique and invaluable social, economic, recreational and aesthetic resource. 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, dune creation, dune restoration 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.
C. 
It is the purpose of this article to define the areas so affected and to establish regulations to assure their continued effectiveness. This article 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 article, the following terms shall have the meanings indicated:
ACCRETION
Includes either natural or artificial land. Natural accretion is the buildup of land, solely by action of the forces of nature, on a beach by deposition of waterborne or airborne material. Artificial accretion is a similar buildup of land by reason of an act of man, such as the accretion formed by a breakwater or beach fill, deposited by mechanical means.
BEACH
Gently sloping, unvegetated areas of sand or other unconsolidated material that extend landward from the mean high-water line to where there is a marked change in the material of physiographic form, i.e., dune or boardwalk.
DUNE
A wind- or wave-deposited formation of vegetated or drifting windblown sand, generally parallel to and landward between the inland limit to 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 dune shall not include loose windblown and found in a street or on a part of a structure as a result of wind or storm activity.
DUNE DEVELOPMENT DISTRICT (DDD)
An area located seaward of the boardwalk delineating a beach zone presently without dunes. The width of the DDD will extend an average of 50 feet from the boardwalk line toward the ocean. Placement of fences and plantings 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 City Commission, Department of Public Works and representatives of the New Jersey Department of Environmental Protection, Division of Coastal Resources.
EROSION
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.
MEAN SEA LEVEL
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.
PERSON
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.
SAND FENCE
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 and normally be limited to the commercial variety of light, wooden, picket fence held together by wire and secured by posts.
SHOREFRONT PROTECTION AREA
That area which extends from the mean high-water line to the seaward toe of the dune, as hereinbefore defined.
A. 
Within shorefront protection 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 to the dunes and 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 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, as applied to the particular site situation and time, will not:
(a) 
Unreasonably disturb the existing dunes;
(b) 
Be likely to create wind currents detrimental to the existing dunes; or
(c) 
Be likely to create, increase or prolong any other hazard.
(5) 
Necessary buildings and structures for public safety and convenience, including infrastructure, 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 public safety and maintenance purposes only.
B. 
Landward of dune areas, a property owner may remove clean, windblown sand which must be deposited easterly of his property line and boardwalk.
C. 
Within the 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.
(3) 
Placement of nonliving trees, brush, shrubs or other debris.
(4) 
Pedestrian or vehicular traffic on or over dunes or sand fencing, except in designated accessways.
(5) 
Removal, mutilation or destruction of sand or sand fencing, unless removal is part of an authorized dune maintenance activity.
D. 
Within the shorefront protection areas, unless otherwise controlled elsewhere in this section, 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.
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, filling 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 and electric power, telephone, gas and water lines.
(4) 
The construction of pipelines and other lineal 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 it is authorized by a construction permit and does not conflict with any ordinance as herein stated.
(4) 
The removal of sand from designated driveways or accessways within the shorefront protection area.
(5) 
Any sand deposited by action of wind or water on private and/or public properties landward of the dune area may be removed but must be deposited seaward of the bulkhead line and/or boardwalk.
C. 
Only those activities conforming to § 182-5 shall be approved.
A. 
Any person, firm, corporation or public agency that shall be convicted of a violation of a provision of this article shall, upon conviction thereof 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 or as a substitute for the previously mentioned fine, the imposition of community service shall be authorized as an additional penalty, which community service shall not exceed 90 days.
B. 
In addition to the above penalties, the Ventnor City Beach Patrol, Construction Official, 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 article.