These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of Beach Haven. Any action
taken by the governing body and the Planning Board under the terms
of this chapter shall give primary consideration to the above-mentioned
matters and to the welfare of the entire Borough. However, if the
subdivider or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impracticable or will exact undue
hardship, the Planning Board and governing body may permit such variance
or variances as may be reasonable and within the general purpose and
intent of the rules, regulations and standards established by this
chapter.
[Added 6-8-2009 by Ord. No. 2009-11; amended 8-10-2009 by Ord. No.
2009-23]
Any oceanfront property owner wishing to convey land owned by
that property owner lying between the oceanfront bulkhead line established
by the Borough of Beach Haven and shown and indicated on Filed Map
L-3703 as filed in the Ocean County Clerk's office in Toms River,
New Jersey, and the mean high waterline of the Atlantic Ocean as the
same from time to time may exist, may do so without making any application,
formal, informal or otherwise, to the Land Use Board of the Borough
of Beach Haven.