[HISTORY: Adopted by the Board of Commissioners of the City of Margate
City 2-28-1991 by Ord. No. 1991-3. Amendments noted where applicable.]
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, represents 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 chapter to define the areas
so affected and to establish regulations to assure their continued effectiveness.
This chapter 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 chapter, the following terms shall have the meanings
indicated:
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.
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 or physiographic form, i.e., dune or bulkhead.
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." "Dune" shall not include
loose windblown sand found in a street or on a part of a structure as a result
of wind or storm activity.
An area located seaward of the bulkhead, delineating a beach zone
presently without dunes. The width of the "DDD" will extend an average of
100 feet from the bulkhead 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 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.
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.
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.
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.
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 board. The
following uses may be permitted:
(1)
Open space, beach or water recreation.
(2)
Bulkheads 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 and 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:
(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 bulkhead.
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 and the City
Engineer.
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 linear development.
(5)
The designation and development of accessways and pedestrian
paths and walkways through dunes.
B.
"Regulated activities" do 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
C.
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.
A.
Any person, firm, corporation or public agency that shall
be convicted of a violation of a provision of this chapter 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.
B.
In addition to the above penalties, the City Engineer,
City Attorney, 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 chapter.
