[HISTORY: Adopted by the Mayor and Council of the Borough of Barnegat
Light: Art. I, 6-10-1974 by Ord. No. 74-4
as Sec. 11-1 of the Revised General Ordinances. Amendments noted where applicable.]
[Adopted 6-10-1974 by Ord. No. 74-4
as Sec. 11-1 of the Revised General Ordinances]
A.Â
It has been clearly 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 a durable and
effective protection against high 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 right to restore
them in the event of damage or destruction.
B.Â
The 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
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 planting, 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.Â
The immediate dune and beach area is not capable of rigid
definition or delineation or of completely firm stabilization, so that particular
sites 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.Â
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:
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.
Gently sloping unvegetated areas of sand or other unconsolidated
material that extend landward from the mean high water line to either the
vegetation line, a man-made feature generally parallel to the ocean or bay,
such as a retaining structure, bulkhead or road, or the seaward or bayward
foot of dunes, whichever is closest to the ocean or bay waters. "Beach" as
used herein shall also include foreshore and backshore.
[Amended 12-11-1987 by Ord. No. 87-15]
The district set off by this article, to include the dunes, backshore
and foreshore and the areas where, according to normal beach profile, the
same would or should exist.
Includes the term "walkway" and shall mean a walk or promenade or
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 shall be approved by the Borough Engineer.
The area actually occupied by dunes. For purposes of this article,
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 Engineer, and provided further that the leeward slope shall in no
case be made steeper than 1:5. In the portions north and west of the south
jetty, along the shore of Barnegat Inlet, the Borough Engineer may compute
a dune area and profile graduated to a lesser height or width to compensate
for the sheltering effect of the north and south jetties, the lands to the
north of the inlet and any other reasonably permanent natural or artificial
features tending to provide protection greater than that enjoyed by the areas
directly adjoining the Atlantic Ocean.
A row of dunes, which may blend in with a berm, which blend in with
each other, are roughly parallel to the ocean and serve as a protective barrier
against the elements.
Wind- or wave-deposited or man-made formations, vegetated or drifting
windblown sand, that lie generally parallel to and landward of the beach and
between the upland limit of the beach and the foot of the most inland dune
slope. Formations of sand-retaining structures and/or snow fences, planted
vegetation or other measures are considered to be dunes regardless of the
degree of modification of the dune by wind or wave action or disturbance by
development.
[Amended 12-11-1987 by Ord. No. 87-15]
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 backrush of the waves.
The term "sea level" and shall refer to the 1929 Sea Level 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 dune created by natural forces or one that has developed the contours,
vegetation, root system, etc., characteristic of dunes so created.
The term "native vegetation" or "indigenous vegetation." Specifically,
it shall mean such plants as beachgrass (Arnmophila breviligulata), dusty
miller (Artemisia stelleriana), hudsonia (Hudsonia tomentosa), sea rocket
(Cakile endentule), seaside goldenrod (Solidago sempervireus), poison ivy
(Rhus Toxicoderon), woodbine or Virginia Creeper (Ampelopsis), catbrier or
greenbrier (Smilax) or beachplum (Prumus 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.
The term "snow fence" and may mean a barricade established in a line
or pattern to accumulate sand and aid in the formation of a dune. The picket
type shall be the commercial variety of light wooden fence, held together
by wire and secured by posts.
[Amended 12-11-1987 by Ord. No. 87-15[1]]
The face or surface of the dune or berm going from its crest or plateau
away from the ocean.
A.Â
This article shall be applicable to the beach-dune area
as hereinbefore defined.
B.Â
No construction of any sort shall be allowed in the foreshore
or backshore areas thereof excepting protective works undertaken by the borough
with the approval of the Division of Coastal Resources of the State of New
Jersey and/or the United States Army Corps of Engineers, as applicable.
[Amended 12-11-1987 by Ord. No. 87-15]
C.Â
No construction of any sort shall be allowed in the remainder
of the beach-dune area except the following:
(2)Â
Boardwalks and steps to permit access across the dunes
or berms to the open beach, without damage to the dunes themselves.
(3)Â
Sand fences to encourage the accumulation of sand.
(4)Â
Pavilions.
(a)Â
Pavilions or similar small platforms of less than 300
square feet in area, provided that they do not have more than 40% solid walls,
are mounted on suitable pilings and the area for 20 feet around them is suitably
planted with beach grass or other natural vegetation capable of stabilizing
the sand in such area, provided further that it shall be established to the
satisfaction of the Borough Engineer that the proposed design and construction
methods as applied to the particular site situation and time shall not:
(b)Â
The design and construction of any such pavilion or platform
shall include any feature, device or provision required by the Borough Engineer
to carry out the intent of this article.
(5)Â
A bulkhead designed to replace or supplement dunes as
herein described, provided that, before any such permit shall issue or be
effective for the construction of any such bulkhead, it shall be demonstrated
by competent engineering studies and design that such bulkhead shall:
[Amended 12-11-1987 by Ord. No. 87-15]
(a)Â
In every respect provide as much protection as the dunes
intended to be in such area, in optimum conditions, would provide.
(b)Â
Create, increase or prolong no condition likely to be
detrimental to the maintenance of an adequate dune line. In no case shall
an existing dune be destroyed or excavated in order to construct a bulkhead,
particularly in the V Zone.
(c)Â
Conform adequately with the overall beach protection
plans of the borough, Division of Coastal Resources and the United States
Army Corps. of Engineers and be consistent with all FEMA regulations.
(d)Â
Be constructed in accordance with accepted engineering
standards as applied to all of the circumstances.[1]
[1]
Editor's Note: Former Section 11-1.3, Subsection 6, requiring
approvals and permits for construction to be obtained in accordance with local
and other applicable laws, as amended 8-20-1993 by Ord. No. 93-105, which
immediately followed this subsection, was repealed 2-28-1994 by Ord. No. 94-117.
D.Â
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,
access shall be across such boardwalks and steps only.
E.Â
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 purposes of this article. Where walkways or boardwalks
exist, the same shall be suitably bordered with fences to prevent damage to
the dunes or berms which they cross.
F.Â
It shall be unlawful to throw, place, deposit or leave
any shrubs or shrub cuttings, trees, mats, bottles, glass, crockery, sharp
or pointed article or thing, paper, refuse or debris of any kind on the beach
area, dunes or approaches thereto, except in the proper receptacles provided
therefor.
[Added 12-11-1987 by Ord. No. 87-15]
G.Â
The unauthorized removal or displacement of sand within
the beach-dune area or the unauthorized trespassing upon the dune area shall
be construed a violation of this article.
[Amended 12-11-1987 by Ord. No. 87-15]
(1)Â
If such excavation is proposed in existing dunes, particularly
in the V Zone, an engineering analysis by a licensed professional engineer
with a specialization in coastal engineering must be performed to determine
the impact of dune alteration on flood potential. If the engineer can certify
that the flooding potential will not be increased, the permit process can
proceed.
(2)Â
If a permit is issued, it shall be conditioned, whenever
possible, that the sand be sifted to separate nonbeach material and be replaced
back onto the beach or dune system.
H.Â
The unauthorized removal or destruction of natural vegetation
within the dune area shall be construed a violation of this article. If a
permit is granted, the applicant must include a satisfactory plan for a restabilization
with fencing and native vegetation species of the remaining dune area so disturbed
or excavated.
[Amended 12-11-1987 by Ord. No. 87-15]
A.Â
The Borough Engineer shall, by such surveys and calculations
as he finds necessary, locate the beach and dune areas as defined in this
article 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. He shall make any corrections in his findings and plottings
that changes in the natural or artificial features of the terrain may justify
or require.
B.Â
The Zoning Officer is designated as the person responsible
for the enforcement of this article.
[Amended 12-11-1987 by Ord. No. 87-15; 2-28-1994
by Ord. No. 94-117]
