[Adopted 6-7-1989 by Ord. No. 22-1989]
A.Â
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 provide desirable
protection of the coastal areas adjacent thereto, and the State of
New Jersey, along with its political subdivisions and their inhabitants,
has an interest in the continued protection and preservation thereof
and in the restoration of them in the event of property damage or
destruction.
B.Â
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.
C.Â
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.
D.Â
It is the purpose of this article to define the areas so affected
and to establish regulations to assure their continued effectiveness.
The 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:
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 beachfill deposited
by mechanical means.
Gently sloping, unvegetated areas of sand or other unconsolidated
material that extends 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.
A wind- or wave-deposited formation of vegetated or drifting
windblown sand, generally parallel and landward between the inland
limit of 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 sand found
in a street, on part of a structure or against any structures such
as comfort stations, lifeguard tents, pavilions or the Boardwalk as
a result of wind or storm activity.
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 fence and planting 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 Council, the Department of Public Works and representatives
of the New Jersey Department of Environmental Protection, Division
of Coastal Resources.
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. It shall include and normally be limited to the commercial
variety of light, wooden picket fence held together by wire and secured
by posts.
That area which extends from the mean high water line to
the seaward toe of the dune, as herein before defined.
A.Â
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)Â
Open space, beach or water recreation.
(2)Â
Boardwalks and steps to permit access across the dunes to the beach,
without damage to the dunes themselves.
(3)Â
Sand fences to encourage the accumulation of sand.
(4)Â
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 City Engineer that the proposed design
and construction methods, as applied to the particular site, situation
and time, will not:
(5)Â
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)Â
Necessary shorefront protection and stabilization improvements, including
groins, bulkheads and activities related to beach restoration projects.
(7)Â
The operation of specially permitted and licensed vehicles for public
safety and maintenance purposes only, and any other activities deemed
necessary by the City. The City shall inform the New Jersey Department
of Environmental Protection.
B.Â
Landward of dunes areas, a property owner may remove clean windblown
sand which must be deposited eastwardly of his property line and boardwalk.
C.Â
Within the dunes and Dune Development District areas, the following
activities are prohibited:
(1)Â
The operation of any motor vehicle except in designated accessways.
(2)Â
The removal of sediment and native vegetation.
(3)Â
Placement of nonliving trees, brush, shrubs or other debris.
(4)Â
Pedestrian or vehicular traffic on or over dunes or sand fencing,
except in designated accessways.
(5)Â
Removal, mutilation or destruction of sand or sand fencing unless
removal is part of an authorized dunes maintenance activity.
D.Â
Within the shorefront protection areas, unless otherwise controlled
elsewhere in this section, (Permitted and prohibited activities),
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 City Engineer.
A.Â
"Regulated activities" shall mean and include:
(1)Â
The construction, relocation, modification, expansion or demolition
of any temporary, mobile or permanent structure subject to applicable
building standards.
(2)Â
The removal, excavation, filling or deposition of any soil, mud,
sand, gravel or other material except as noted hereinafter.
(3)Â
The construction, reconstruction or major repair of any public facilities,
including but not limited to roads, sewers and bridges and electric
power, telephone, gas and water lines.
(4)Â
The construction of pipelines and other linear development.
(5)Â
The designation and development of accessways and pedestrian paths
and walkways through dunes.
(6)Â
Beach cleaning and various activities of maintenance.
B.Â
"Regulated activities" does not mean or include:
(1)Â
The operation of motor vehicles by government agencies for public
safety, beach maintenance and emergency purposes.
(2)Â
The operation of motor vehicles outside of beach and dune areas.
(3)Â
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)Â
The removal of sand from designated driveways or accessways within
the shorefront protection area, with the exception of sand removal
from under the Boardwalk.
C.Â
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.
[Amended 11-25-2008 by Ord. No. 104-2008]
A.Â
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 $2,000 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.Â
In addition to the above penalties, the Atlantic 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.
