[Adopted 8-9-1971 as Ch. 38, Art. I, of the 1971 Code]
This article shall be known as the "Borough
of Beach Haven Beach Protection Ordinance."
A.
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 protections 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.
Said 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 which might destroy or damage said dunes, and through the use
of native plantings, 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.
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.
It is a 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.
E.
The erosion of the beachfront during the storm of
March 6 and 7, 1962, has created an immediate and imminent threat
and danger to life of persons and property in the Borough of Beach
Haven by reason of the destruction of the sand barriers which protect
the Borough's oceanfront, to the end that it has become necessary
to the health, safety and welfare of the Borough to, repair, restore,
replace or construct protective barriers on both public and private
property within the Borough of Beach Haven.
F.
The interference with or the depletion of the beach
and sand dunes tends to permit encroachment by the sea, and the conditions
above recited 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 Borough of Beach Haven.
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.
The zone of unconsolidated material that extends landward
from the low-water line to the place where there is marked change
in material or physiographic form, i.e., dune or bulkhead. Includes
foreshore and backshore.
The district set off by this article to include the dunes,
beaches, strand, backshore and foreshore and the areas where, according
to a normal beach profile, the same would or should exist. The beach-dune
area, as defined herein, has been established by Taylor, Wiseman,
Taylor & Sleeper, Consulting Engineers, and constitutes all that
area lying eastwardly of the building line as hereinafter defined.
This shall include the term "walkway" and shall mean a walk
or promenade of planking built across the dune line or berm(s) 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 must be approved by the Borough Engineer.
The lines so designated on maps entitled "Bulkhead and Building
Line at Atlantic Ocean, Chatsworth Avenue to North Borough Line, Borough
of Beach Haven, Ocean County, N.J.," and "Bulkhead and Building Line
at Atlantic Ocean, Chatsworth Avenue to South Borough Line, Borough
of Beach Haven, Ocean County, N.J.," both prepared by Taylor, Wiseman,
Taylor & Sleeper, Consulting Engineers, dated June 1964 and on
file in the office of the Borough Clerk.
The area actually or normally occupied by dunes. For purposes
of this article, it shall be construed to include the actual dimensions
of any dunes or a computed dune profile with a height of 16 feet above
mean sea level as determined by 1988 North America Vertical Datum
at the bulkhead line and 20 feet at the building line with an oceanward
slope of 1 to 5 from the bulkhead line to the flat beach area lying
generally between the easterly tow of the oceanfront dune and the
mean high waterline of the Atlantic Ocean and in a westwardly direction
the dune slope shall be a uniform slope to the westerly tow of the
dune, which westerly tow of the dune shall be no less than 150 feet
westwardly of the building line.
[Amended 5-10-2010 by Ord. No. 2010-11]
This shall mean a row of dunes, which may blend in with a
berm or berms, which blend in with each other, are roughly parallel
to the ocean, and serve as a protective barrier against the elements.
A hill of sand accumulated along the beachfront, usually
by natural means. It shall extend from the backshore to the line where
the normal leeward slope intersects the established grade of the hinterland.
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.
This shall include 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 systems, etc., characteristic of dunes
so created.
This shall include the terms "native vegetation" or "indigenous
vegetation." Specifically, it shall mean such plants as beachgrass
(Ammophila breviligulata), dusty miller (Artemisia stelleriana), hudsonia
(Hudsonia tomentosa), sea rocket (Cakile endentula), seaside goldenrod
(Solidago sempervirens), bayberry (Myrica Pennsylvanica) or beach
plum (Prunus 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.
This shall include the term "snow fence" and may mean either
of two types of barricade established in a line or a pattern to accumulate
sand and aid in the formation of a dune.
BRUSH TYPEThis consists of dead bushes, trees, reeds or similar debris collected in bundles and fixed by stakes or similar means.
PICKET TYPEThis shall be the commercial variety of light wooden fence, held together by wire and secured by posts.
This shall be the face or surface of the dune or berm going
from its crest or plateau away from the ocean.
The same area included within the definition of "beach."
A.
This article shall be applicable to the beach-dune
area as hereinbefore defined.
B.
No construction of any sort shall be allowed easterly
of the oceanfront building line as hereinabove described in the definition
section of this chapter excepting protective works undertaken by the
Borough or by the owner of the property with the prior approval of
the State of New Jersey Department of Environmental Protection and
the United States Army Corps of Engineers.
[Amended 5-10-2010 by Ord. No. 2010-11]
C.
No construction of any sort shall be allowed in the
remainder of the beach-dune area, except the following:
[Amended 5-24-1993 by Ord. No. 93-16]
(1)
Any use mentioned in Paragraph B above.
(2)
Access to the open beach in this zone shall be obtained
across street ends or along properly installed and approved walkways.
The construction of ramps, steps and pavilions shall only be permitted
at street ends without damage to the dunes themselves. No private
walkways, ramps, steps or pavilions to provide access to the open
beach will be allowed within the Borough of Beach Haven.
[Amended 12-8-1997 by Ord. No. 97-20; 7-11-2016 by Ord. No.
2016-14C]
(a)
The provisions of § 57-4C(2), above, shall not apply to any oceanfront lot if the owner of that oceanfront lot has executed the perpetual storm damage reduction easement required in order for the United States Army Corps of Engineers to undertake its beach protection and restoration program on Beach Haven's oceanfront. In such cases, the owner of such lot shall only be permitted to install and utilize a rollover beach access walkway between the first of April and the first of November of any year. Such rollover walkways shall be rolled up and safely and securely stored during the period of November 1 through March 31 of each year. Such rollover walkways shall be constructed only pursuant to the provisions of this chapter.
(b)
Dune walkways.
[1]
Permit required. Commercial/multifamily units (over two units)
only are required to obtain written approval from the New Jersey Department
of Environmental Protection Division of Land Use Regulation prior
to obtaining a zoning permit from the Borough of Beach Haven. All
applicants for a single-family/duplex walkway must, before any work
of the type described in this section may begin, obtain a zoning permit
after submission of plans, including location and dimensions, and
a survey to ensure compliance with the provisions hereof; and the
work and progress shall be subject to inspection by the Director of
Public Works to assure compliance therewith.
[2]
Permit fee. Each application for a permit under the provisions
thereof shall be accompanied by a fee of $100, which sum shall include
payment for inspection by the Director of Public Works and the processing
of the application for a permit. Each permit holder shall be subject
to an annual reinspection fee of $75.
[3]
Construction specifications. After the effective date of this
article, all dune walkways shall be constructed of prefabricated rollaway
decking or unrolled sand fencing. Such walkways must extend over the
complete dune area to the flat beach. No grading, excavating or filling
of the dune or beach are allowed. Single-family/duplex walkways shall
be less than five feet in width, including fencing. Commercial/multifamily
(over two units) walkways shall not exceed 12 feet in width; however,
this width is subject to the written approval from DLUR.[1] In addition to the prefabricated rollaway decking or unrolled
sand fencing, signs shall be placed on posts of treated lumber or
cedar measuring four inches by four inches, extending at least three
feet below the surface of the dune at least four feet above the surface
of the dune on which the signs shall be placed stating "Private Access.
Do not enter. No trespassing on the dune." The posts shall be placed
on the flat beach end of the walkway with the required signs facing
away from the walkway. The flat surface of the sign shall be as close
as possible to a ninety-degree angle from the surface of the walkway.
Where walkways exist, it shall be suitably bordered on both sides
with fences to prevent damage to the dunes or berms which they cross.
The walkway fences shall be constructed of materials matching, similar
to, or the same as such materials existing at a public access point
which the walkway intersects, touches, or approaches.
[Amended 11-14-2016 by Ord. No. 2016-24C; 10-10-2017 by Ord. No. 2017-33C; 11-8-2021 by Ord. No. 2021-39C]
[1]
Editor's Note: "DLUR" refers to the New Jersey Department
of Environmental Protection, Division of Land Use Regulation.
[4]
Any dune walkways which are required to be removed pursuant
to the United States Army Corps of Engineers Beach Storm Damage Reduction
Project may only be replaced pursuant to the construction standards
hereinabove set forth in Subsection C(2)(a)[3] and in compliance with
any regulations adopted by the State of New Jersey Department of Environmental
Protection and the United States Army Corps of Engineers in connection
with such restoration and protection program.
[5]
In the event of a storm or extreme weather event causing damage to
the dune area, each permit holder for a walkway is responsible for
removal of debris from their walkway and dune area within 30 days'
of notice from the Borough of Beach Haven to remove such debris.
[Added 11-8-2021 by Ord. No. 2021-39C]
(3)
Sand fences to encourage the accumulation of sand.
(4)
Cantilever decks or porches may be permitted to extend
oceanward from the building line not more than four feet, provided
that:
[Amended 12-8-1997 by Ord. No. 97-20]
(a)
The floor elevation of the house is a minimum of 19
feet above mean sea level (0.00 elevation as established by the United
States Coast and Geodetic Survey datum) or four feet above the existing
top level of the dune, whichever measurement provides the greater
distance above the existing top level of the dune.
(b)
The distance between the first floor and the cantilever
deck or porch does not exceed eight inches.
D.
Except as otherwise permitted by § 57-4C(2) of the Code of the Borough of Beach Haven, access to the open beach in this zone shall be obtained only across street ends. Where boardwalks and steps are constructed on street end extensions, access shall be across such boardwalks and steps only.
[Amended 12-8-1997 by Ord. No. 97-20; 7-11-2016 by Ord. No.
2016-14C]
E.
The Borough may erect or require 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.
[Amended 12-8-1997 by Ord. No. 97-20]
F.
Moving or displacement of sand.
[Amended 9-13-2010 by Ord. No. 2010-20]
(1)
No individual, firm or corporation shall authorize
or participate in any manner in the moving or displacement of sand
within the beach-dune area unless a permit therefor shall have been
issued pursuant to an application in writing to the Council. Said
application shall contain the following information:
(a)
Name and address of the applicant.
(b)
Location of sand to be moved or displaced.
(c)
The nature and purpose of the proposed moving or displacement.
(d)
Proposed method by which the applicant desires to
move or displace the sand, including a description of the equipment,
machinery or other apparatus to be used.
(e)
Estimate in terms of cubic yards as to the quantity
of sand to be moved or displaced.
(f)
Such other information as may be required by the Council.
(2)
No such permit shall be issued without a determination
by the Council, based upon an inspection of the area involved and
a report thereon by the Borough Engineer, that such removal will not
create or increase a danger or hazard to life or property. No permit
will be granted if the proposed moving or displacement will:
H.
Where by action of high winds and/or tides, sand is blown or washed upon lands, including street ends, lying westwardly from the dune line, such sand shall not be removed from said lands unless a permit therefor shall have been issued pursuant to and in full compliance with the requirements set out in Subsection F above.
I.
No construction activity of any sort nor the placement
or use of construction-related equipment of any sort shall take place
on, in or east of the beach-dune area without a DEP permit. Any DEP
permit issued under this section must be submitted to the Zoning Officer
before any construction activity begins.
[Added 4-8-2002 by Ord. No. 2002-5;
amended 6-14-2004 by Ord. No. 2004-11]
J.
Within the dune area, the following activities are
prohibited:
[Added 4-10-2006 by Ord. No. 2006-7]
(1)
Pedestrian or vehicular traffic on or over dunes or
sand fencing, except in designated accessways.
(2)
The removal of sediment and native vegetation.
(3)
Placement of nonliving trees, brush, shrubs or other
debris.
(4)
Removal, mutilation or destruction of sand or sand
fencing, unless removal is part of an authorized dune maintenance
activity.
A.
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 from time to
time make any corrections in his findings and plottings that changes
in the natural or artificial features of the terrain may justify or
require.
[Amended 5-10-2010 by Ord. No. 2010-11]
A.
Since August
of 1971 the Borough of Beach Haven has recognized that well-established
and protected sand dunes together with berms, beaches and underwater
slopes are durable and effective storm protection, and since the same
date the Borough has recognized and established an established building
line and bulkhead line to govern the location of oceanfront development.
However, heretofore the Borough has never established official elevations
to be maintained at the oceanfront building line and the oceanfront
bulkhead line but now has determined that elevations should be established
to create uniform protection for residents and property owners in
the Borough of Beach Haven.
(1)
The
United States Army Corps of Engineers in conjunction with the State
of New Jersey Department of Environmental Protection has proposed
the construction of a uniform dune of 22 feet in height along the
entire oceanfront on Long Beach Island extending Barnegat Inlet on
the north to Little Egg Harbor Inlet on the south. This elevation
was prepared after extensive research by the United States Army Corps
of Engineers taking into account among other things the direction
of Long Beach Island, that is to say, that Long Beach Island runs
in a generally northeasterly southwestwardly direction. However, the
Township of Long Beach which abuts the Borough of Beach Haven both
on the northeast and on the southwest has established a minimum elevation
of 14 feet 1988 North America Vertical Datum for dune height at the
bulkhead line. Based upon the recommendations of the Borough Engineer
of the Borough of Beach Haven, a minimum elevation of 20 feet 1988
North America Vertical Datum is hereby established at the building
line and an elevation of 16 feet 1988 North America Vertical Datum
is hereby established at the bulkhead line, established as a base
line criteria to maintain storm protection for the Borough of Beach
Haven.
(2)
Experience has shown that from time to time lands located on the oceanfront in the dune area lying generally both eastwardly and westwardly of the bulkhead line, heretofore established along the oceanfront in the Borough of Beach Haven, are subject to erosion and destruction to such extent that the governing body of the Borough of Beach Haven is able to determine, based upon survey data supplied by the Beach Haven Borough’s Engineer, that the dunes in the dune area require restoration and repair. Where the governing body of the Borough of Beach Haven, based upon such information provided by the Beach Haven Borough Engineer, determines that restoration and repair are necessary, the said Borough of Beach Haven may order the property owner of lands lying between the building line, as heretofore established by the Borough of Beach Haven, and the mean high waterline of the Atlantic Ocean to make all necessary restoration and repair in order that the dune area may be protected and preserved to meet the specifications hereinbelow set forth in Subsection B.
B.
Where the
Borough of Beach Haven may have occasion to determine that such restoration
and corrective work is required, the restoration work shall be accomplished
in such a way that the elevation at the bulkhead line shall be 16
feet above sea level as determined by the 1988 North America Vertical
Datum. The protective dune or berm maintaining the said elevation
of 16 feet 1988 North America Vertical Datum shall be created with
a slope of 1 to 5 rising to elevation 20 feet 1988 North America Vertical
Datum at the building line and as closely as possible as a slope of
1 to 5 from the bulkhead line going in an eastwardly direction to
the flat beach area lying generally between the easterly toe of the
oceanfront dunes and the mean high waterline of the Atlantic Ocean
and in a westwardly direction the dune slope shall be a uniform slope
to the westerly toe of the dune, which westerly toe of the dune shall
be no less than 150 feet westwardly of the building line.
C.
Where the
Borough of Beach Haven, through its governing body, determines that
restoration and repair is necessary, it shall be the obligation of
the property owner owning the fee title to such property to make the
restoration and repair work in accordance with plans and specifications
prepared by the Beach Haven Borough Engineer.
(1)
The governing body shall, where it determines that such restoration work is required, serve a notice upon the owner of the underlying fee title to the property located in the dune area by United Parcel Service Ground at the property owner's address as shown on the tax duplicates of the Borough of Beach Haven. The notice shall require the owner to install such corrective and restorative work to restore the dune from the bulkhead line to the building line and restore the dune from the bulkhead line in an eastwardly direction all in accordance with the requirements and specifications of Subsection B above.
D.
Upon receiving
notice of restoration and repair the property owner shall within 15
days make application to the Building Department of the Borough of
Beach Haven on a form to be enclosed with the notice sent pursuant
to this section, which application form shall require the owner to
include a description of the restoration and repair to be made, identifying
the contractor to be utilized by the property owner for such work.
Property owners performing such restoration and repair work shall
be responsible for obtaining any and all other permits as may be required
by state or federal law.
(1)
The
application shall be reviewed by the Borough Engineer who promptly
shall approve or disapprove the same and upon approval the Building
Department of the Borough of Beach Haven shall issue a notice to proceed
to the property owner forwarded in the same manner as the original
notice to make restoration and repair. All work shall commence within
10 days of the issuance of the notice to proceed and shall be completed
within 30 days after commencement of the work.
E.
In the event
that any such property owner does not make application within 15 days
to undertake the necessary restoration and repair work or does not
commence such work within 10 days of the issuance of the notice to
proceed, or if such work is not completed within 30 days after commencement
of the work, the Borough of Beach Haven may, in the sole discretion
of the governing body, proceed to do the necessary restoration and
repair work and the Borough Engineer shall certify to the governing
body the costs of such work and upon receipt of the certification
of such costs the governing body shall examine the same and upon approval
shall cause the cost as shown on such certification to be charged
against the property on which the restoration and repair work was
done by the Borough of Beach Haven and assess the same against the
owner of the property pursuant to New Jersey Assessment Law and the
charge shall then become a lien upon such lands and shall be added
to and become and form part of the taxes next to be assessed and levied
upon said lands, the same to bear interest at the same rate as other
taxes. Such liens shall be collected and enforced by the Tax Collector
of the Borough of Beach Haven.
F.
Where any
oceanfront owner has executed a deed of dedication and perpetual storm
damage reduction easement to the Borough of Beach Haven, which document
has been accepted by the Borough of Beach Haven and the State of New
Jersey Department of Environmental Protection and duly recorded in
the Ocean County Clerk’s office at Toms River, New Jersey, since
the execution of such deed of dedication and perpetual storm damage
reduction easement transfers the obligation of maintenance, restoration
and corrective work from the property owner to the Borough of Beach
Haven and from the Borough of Beach Haven to the United States Army
Corps of Engineers pursuant to the terms of the said deed of dedication
and perpetual storm damage reduction easement and the understanding
entered into by and between the Borough of Beach Haven the New Jersey
Department of Environmental Protection and the United States Army
Corps of Engineers, such owner shall be exempt from the requirements
for restoration and repair work required by this section.
G.
Should any
provision of this article as applied to any specific parcel of land
be adjudged by any court of competent jurisdiction to be a taking
within the meaning of the statutes relating to the exercise of the
power of eminent domain, the Borough may, at its option, if the public
safety, welfare or need so require, pay into court or otherwise secure
the value of such land and proceed to take title to the same in accordance
with the procedure then provided by law.
H.
The governing body of the Borough of Beach Haven may in the event of an emergency by resolution duly adopted in accordance with law proclaim a state of emergency and in such event may, by inclusion in the resolution declaring a state of emergency, extend the time periods set forth in Subsections D and E above. Such extensions shall be specifically set forth in the resolution declaring an emergency.
[Added 11-26-2012 by Ord. No. 2012-23C]
