[Ord. No. 2023-15, 11-28-2023[1]]
For purposes of this chapter, unless the text indicates otherwise,
the following words and terms shall have the following meanings.
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.
The district set off by this chapter to include all areas
bounded on the southeasterly side by the Atlantic Ocean and on the
northwesterly side by a line parallel width of 150 feet northwesterly
from the oceanfront building line or by the nearest north-south street,
whichever is the lesser distance.
A line established by the Borough Engineer as shown on maps
of the Borough and on file as public record in the office of the Borough
Clerk; such line running parallel with and 20 feet eastwardly from
the oceanfront building line.
A hill of sand accumulated along the beachfront, usually
by natural means. It shall extend from the crest of the hill to the
line where the normal leeward slope intersects the established grade
of the hinterland.
The area actually or normally occupied by dunes, whether
natural dunes or man-made dunes. It shall be construed to include
its actual dimensions, but not less than a minimum of 14 feet elevation
above mean sea level at the bulkhead line and a minimum of 16 feet
elevation above mean sea level at the oceanfront building line.
A line established by the Borough Engineer and shown on the
maps of the Borough on file as public records in the office of the
Borough Clerk, which shall mark the easterly limits of any permissible
building construction.
The face or surface of the dune going from its crest away
from the ocean.
That area which extends landward from the low water line
to the dune line, being the same area defined above as beach.
[1]
Editor's Note: This ordinance also repealed former Ch. 4.04,
Beach Protection/Bulkheads, adopted 11-7-2018 by Ord. No. 2018-12, as amended.
[Ord. No. 2023-15, 11-28-2023]
A.Â
Construction prohibited. Construction of any type, southeastwardly
of the oceanfront building line, except protective works approved
and/or undertaken by the Borough, county, state, or federal governments
is prohibited.
B.Â
Construction permitted. Construction is permitted in the remainder
of the beach dune area subject to the provisions of this chapter and
subject to the following restrictions and regulations.
1.Â
No dwellings or any part of such dwellings shall be constructed eastwardly
of the oceanfront building line. Every application for a building
permit for construction within 100 feet of the oceanfront building
line shall be accompanied by a plot plan prepared by a licensed engineer
or surveyor showing the oceanfront building line, bulkhead line, placement
and elevation of the proposed structure, and all existing grades.
2.Â
All construction in this area must maintain the minimum grades and
elevations as set forth in the definition of "dune." In addition,
such construction shall be accompanied by minimum elevations which
will maintain a straight decline westerly from the oceanfront building
line to the existing elevation of the westerly adjacent graded lot
or street as the case may be; where no street or graded lot exists
within 150 feet of the building line, the decline shall be to a minimum
of 12 feet elevation above mean sea level along a line 100 feet westerly
from the oceanfront building line and parallel with such line.
3.Â
Excavation for purpose of placement of piling during construction
is permitted, provided it is not greater than a depth of 10 feet above
mean sea level, and provided further that such excavation shall not
remain open longer than one week.
4.Â
All construction must secure all required state permits, including,
but not limited to, CAFRA permits, and otherwise comply with all requirements
of the Borough Code, including, but not limited to, flood hazard prevention
regulations.
C.Â
The installation or placement of any device of any sort, kind, or
description in the dune area as provided by this chapter other than
protective works approved or undertaken by the Borough, county, state
or federal government or protective devices is prohibited, except
dune walkovers approved by the NJDEP and installed pursuant to approval
issued by the Building Department.
D.Â
To further protect the strand, beach, beach dune area, dune area,
and dunes, the following additional regulations are established.
1.Â
No person shall remove, cart away, or redistribute sand, or cause
the removal, carting away, or redistribution of sand, by any mechanical
or other means from the beach dune area.
2.Â
No person shall use, walk upon, sit on, stand on, or otherwise occupy
the dune area, except as authorized by the Borough relating to the
removal of trash, the planting of grasses, and the preservation and
maintenance of the dune area.
3.Â
No person shall at any time remove, cut, burn, or destroy any snow
fence or vegetation installed by the Borough upon the beach dune area.
If, for any reason, the owner of the lot or parcel of land upon which
the snow fence or vegetation and dune are located removes, cuts, burns,
or destroys the vegetation or snow fence on the beach dune area or
causes the same to be removed, cut, burned, or destroyed, the Borough,
at the owner's expense, shall replace the snow fence and/or replant
the dune vegetation in order to preserve the integrity of the entire
beach dune area.
4.Â
The removal or destruction of natural vegetation within the beach
dune area is prohibited.
5.Â
The alteration of any dune area by removal of sand or reduction of
height is prohibited. Any alteration to the dune area permitted by
this chapter shall preserve the existing dune grass and replace it
on a new level.
6.Â
Nothing contained herein shall be construed to prevent or prohibit
the use of the beach and strand for recreational and authorized purposes,
subject to express regulations as provided in this chapter and the
Code.
7.Â
The Borough may locate, erect, and maintain snow fencing and/or plant
vegetation in the beach dune area.
E.Â
Where, by act of high winds and/or tides, sand is blown or washed
upon lands, including street ends lying westwardly from the dune area,
such sand shall not be removed from such lands and such sand shall
be returned to the beach dune area in accordance with the required
permit.
[Ord. No. 2023-15, 11-28-2023]
A.Â
A permit from the Borough shall be required for any construction
on a dune, the dune area, or the beach dune area, and a permit shall
be required for the removal and return of sand on property back to
the dune, dune area, or beach dune area. When a permit is sought for
removal and return of sand only and no construction is proposed, the
cost for the permit shall be $50. When a permit is sought for any
construction of any type, the cost for the permit shall be $150. The
cost of any such permit shall be in addition to the applicable fee
for a building permit issued.
B.Â
The permit applications shall be filed with the Building Department
and include the name and address of the applicant, the contractor
information, the location of sand to be moved or displaced, the nature
and purpose of the proposed moving or displacement, the proposed method
by which the applicant desires to move, return, or displace the sand,
a description of the equipment, machinery or other apparatus to be
used, an estimate in terms of cubic yards as to the quantity of sand
to be moved or displaced, and such other information consistent with
this chapter as may be required by the Building Department.
C.Â
No permit shall be issued without a determination by the Borough
Engineer based upon an inspection of the area involved and a report
thereon, filed with the Construction Official, that the removal will
not create or increase a danger or hazard to life or property. The
Borough Engineer and the Construction Official shall be the two signatures
required on the permit. No permit will be granted if the proposed
moving or displacement will:
1.Â
Adversely affect the littoral drift on the beach dune area;
2.Â
Result in a reduction of dune protection and the dune area;
3.Â
Interfere with the general configuration of the beach dune area of
the subject property or neighboring properties; or
4.Â
Take place during the period of May 16 through October 14 of each
year, such date to be inclusive, except the removal and return of
sands displaced by winds and/or tides.
D.Â
A deposit and guarantee shall be made by the applicant at the time
of the issuance of the permit in an amount equal to $5,000. Such deposit
shall be refunded upon the Borough Engineer's approval of the
work which has been done. If the work has not been done in compliance
with the specifications contained in this subsection, the Borough
shall have the right to have the work done as so required, charging
the costs thereof against the deposit or guarantee. Any portion of
the deposit remaining unused for such purpose shall be returned to
the applicant.
1.Â
The guarantee shall be made payable to and deposited by the Borough
and shall be in the form of cash or a certified check. The Borough
shall issue its receipt for such deposits, shall cause them to be
deposited in the name of the Borough, shall be retained as security
for completion of all requirements and returned to the owner on completion
of all required work, or in the event of default on part of the applicant,
shall be used by the Borough to pay the cost and expense for completion
of all requirements.
2.Â
In the event the deposit shall be insufficient to pay for the required
work to be performed for the required repairs, the property owner
shall remain liable for the additional amounts necessary to complete
the repairs. Neither the permit, nor any building permits or certificates
of occupancy, shall be approved relating to the property until the
work is paid for in full by the owner and completed. In addition,
a summons may issued for violation of this chapter as set forth herein.
3.Â
All cash guarantees required herein shall be invested by the Borough
in interest-bearing accounts in the name of the Borough, and the interest
earned shall accrue to the benefit of the applicant. No interest shall
accrue on funds deposited as a performance guaranty.
[Ord. No. 2023-15, 11-28-2023]
Specifications for moving or displacement of sand shall be in
accordance with the requirements of the Borough Engineer and as follows:
A.Â
The applicant or the applicant's contractor shall, in the process
of performing work on the dune, maintain the elevation of the dune
as established by the Borough Engineer.
B.Â
The applicant shall preserve the existing dune grass and replant
dune grass after the final grading has been completed. In no case
will the coverage of dune grass be less than 12 inches on center in
any direction. All new plantings shall be fertilized with a suitable
fertilizer.
C.Â
The applicant shall place a one-inch mat of salt hay over the entire
area of the dune which has been disturbed during construction.
D.Â
The applicant shall install and/or replace any snow fence with new
sand fence along the center line of the dune and position the sand
fence so that it conforms with the alignment of existing sand fence
installations to the north and south.
E.Â
The applicant shall notify the Borough Engineer and the Code Enforcement
Officer 24 hours in advance of the time that construction work will
start. The applicant's contractor shall work in a diligent manner
and shall fully complete the restoration within 10 days from the start
of work.
[Ord. No. 2023-15, 11-28-2023]
A.Â
The Borough Engineer shall plot the bulkhead line and the oceanfront
building line, as defined in this chapter, upon the tax maps of the
Borough. The tax maps shall be on file in the office of the Borough
Clerk and available for inspection.
B.Â
The bulkhead line and the oceanfront building line shall be included
in all tax maps and zoning maps of this Borough published following
the effective date of this amendment.
C.Â
The Code Enforcement Officer, Zoning Officer, and the Police Department
are designated as the person(s) responsible for the enforcement of
this chapter.
[Ord. No. 2023-15, 11-28-2023]
A.Â
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $2,000, by imprisonment for a term not to exceed
90 days or by community service of not more than 90 days, or any combination
of fine, imprisonment or community service as determined in the discretion
of the Municipal Court Judge. The continuation of such violation for
each successive day shall constitute a separate offense, and the person
or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
B.Â
The violation of any provision of this chapter shall be subject to
abatement, summary judgment, or a restraining order or injunction
issued by a court of competent jurisdiction.