Borough of Wildwood Crest, NJ Beach and Dunes

Editor's Note: Former Subsection C pertaining to opening and closing of paid beaches was repealed at voter referendum 5-25-1982 by Ord. No. 564-B.

Employ necessary staff including, but not limited to, lifeguards, emergency medical technicians, and all other beach support employees as may be necessary to carry out and to enforce the provisions of this chapter and all rules and regulations established herein or subsequently adopted by ordinance.

Purchase supplies, material and equipment as may be necessary.

§ 8-6 Establishment of rules and regulations.

[New]

The following rules and regulations are hereby established, which rules and regulations are hereby adopted for, and which apply to, the government, supervision, use and policing of the Wildwood Crest Beach as defined in § 8-2 of this ordinance, and it shall be unlawful to violate any of said rules and regulations, or those subsequently adopted by ordinance, during the bathing season or at other times if specifically provided:

No person shall conduct or participate in any activity on the beaches of Wildwood Crest that is either a prohibited activity or any activity that may endanger the health, safety or welfare of others.

No person shall swim or bathe beyond a safe depth in the ocean, as from time to time is indicated, determined or regulated by the borough lifeguards in consideration of conditions then existing.

No person shall use any type of water rafts, surf boards, kayak, canoe or floatation or inflated objects of any kind or description in the bathing area on the beach except as permitted in designated areas as authorized by the Wildwood Crest Beach Patrol.

No person shall place, deposit or throw or leave any refuse, trash, debris or recyclable material including, but not limited to, cigarette butts, cigar and other smoking-related materials, on the beaches. All trash, refuse, debris or recyclable materials shall be deposited in the appropriate receptacles as designated and provided therefor.

No person shall, at any time during the entire year, refuse to immediately obey and comply with all orders, directions, whistles or other signals used by the borough lifeguards and police.

No person shall, at any time during the entire year, climb upon or stand on railings, fences, benches, lifeboats, lifeguard equipment and paraphernalia, or mar or deface or otherwise attempt to damage any public facility.

No person shall, at any time during the entire year, revel, disport or behave in a noisy and boisterous manner so as to annoy and inconvenience others, or otherwise disrupt and disturb the public peace and dignity within said area.

No person shall, at any time during the entire year, act in a loud, indecent, obscene, offensive or lascivious manner within said defined area.

No person shall hawk or peddle any articles, goods, wares or merchandise, except as may be permitted by resolution or ordinance or as permitted by vendor/concession contracts publicly bid and properly authorized by the Board of Commissioners of the Borough of Wildwood Crest.

No person shall, at any time during the entire year, consume or possess any alcoholic beverage in any form whatsoever within said defined area.

No person shall engage in surf fishing in the bathing areas during bathing hours.

No person shall, at any time during the entire year, change clothes, dress, undress or otherwise disrobe, except outer wraps.

No person shall fly or attempt to fly a kite or kites of any size, shape or description, or propel or cause the movement of any object through the air, whether manually, mechanically or electrically, during the hours that the beach is made available for bathing.

No person shall be permitted to start or to maintain a fire on the beach, except as may be permitted and authorized by the Board of Commissioners.

No person shall be permitted to be on the beaches within the territorial limits of the Borough of Wildwood Crest as defined in Section 8-2 of this ordinance between the hours of 11:00 p.m. to 6:00 a.m. the following day, except borough employees for the performance of municipal duties, borough employees of the Department of Public Safety and Wildwood Crest Police Department, unless otherwise authorized by the Chief of Police or his designee or as authorized by the Board of Commissioners.

No person who harbors a domestic animal shall, during the months of May, June, July, August and September of each year, permit such animal access to or on the beaches of the Borough of Wildwood Crest. At no time shall horses be permitted access to or on the beaches of the Borough of Wildwood Crest.

Except as hereinafter provided, it shall be unlawful to operate any motor vehicle of any type or description including, but not limited to, automobiles, trucks, buses, motorcycles, motorbikes, motor cross bikes, minibikes, motor scooters, go-carts and all-terrain vehicles on the beaches of Wildwood Crest unless authorized by the Board of Commissioners for borough-sponsored events/concessions.

It shall be lawful to operate a motor vehicle on the beaches of Wildwood Crest in accordance with the provisions herein:

Purpose. Vehicles shall be permitted to operate on the beaches of Wildwood Crest for sport fishing by permit and in accordance with this section, the following other vehicles shall be permitted to operate on the beaches of Wildwood Crest:

Any and all Borough of Wildwood Crest vehicles, service vehicles contracted by the Borough of Wildwood Crest or vehicles as authorized by the Borough of Wildwood Crest for Borough of Wildwood Crest event and emergency vehicles or oversized vehicles of any governmental agency shall not be required to obtain a permit.

Months of operation. Sport fishing shall be permitted from October 1st through April 30th only.

Hours of operation. Hours of operation of motor vehicles shall be restricted to 6:00 a.m. to 8:00 p.m.

License and fee required. No motor vehicle shall be operated on the beaches without a license for sport fishing. Any person desiring to obtain said license shall complete an application for a license at the Wildwood Crest Police Department during regular business hours of 9:00 a.m. to 4:00 p.m., Monday through Friday.

Applicant must present motor vehicle to be licensed for sport fishing and said vehicle must have a current approved vehicle inspection sticker issued by the state in which the vehicle is registered. Applicants must also submit proof of current driver's license and insurance certificate and vehicle registration.

No application shall be issued to any person under the age of 17 or to any person who does not possess a valid driver's license in good standing for the operation of a motor vehicle, and if any applicant is under the age of 18, a parent or legal guardian must sign the application consenting to the issuance of the license.

(5)

The fee for a license for sport fishing vehicles shall be $25 per year, per vehicle.

Borough-sponsored concession rental operators shall be required to obtain a permit for vehicles on the beach. The permit fee for each vehicle shall be $25 per year.

The fee for oversized commercial vehicles for Borough-sponsored activities or events shall be $50 per day, per vehicle; $250 per month, per vehicle, and $500 per year, per vehicle.

The fee for non-Borough sponsored special event vehicles shall be $250 per event.

Oversized vehicle permits shall be limited to only those vehicles for which access can only be obtained by Heather or Washington Avenue.

The route of access for said vehicles shall be as designated by the Chief of Police/Director of Public Safety of the Borough of Wildwood Crest or his designee.

The Chief of Police/Director of Public Safety of the Borough of Wildwood Crest or his designee is authorized to limit or restrict the number of permits issued for support and/or event vehicles and oversized vehicles for purposes of public safety.

All vehicles for which a permit is issued must have a current approved vehicle inspection sticker issued by the State in which the vehicle is registered. Applicant must submit proof of current driver's license and current insurance certificate and current vehicle registration. All applicants must execute an indemnification and hold harmless agreement with the Borough of Wildwood Crest at the time of issuance of permit.

(6)

The license must be displayed on the motor vehicle in the rear window driver's side of vehicle. Licenses are not transferable to other vehicles.

(7)

All sport fishing vehicles operated on the beaches of Wildwood Crest must contain the following equipment: tow rope, jack with board, inflated spare tire, shovel, fire extinguisher, flashlight, first-aid kit and tools needed for changing tires of said vehicle.

(8)

Vehicles with sleeping or eating accommodations are prohibited. No motor vehicle with either sleeping or eating accommodations or both shall be permitted to obtain a permit to operate on the beaches of Wildwood Crest. No motor vehicle issued a permit or otherwise permitted access to or to operate on the beaches of Wildwood Crest shall be permitted to be utilized for changing of clothes, sleeping or eating.

(9)

Speed limits. No motor vehicle licensed to operate on the beaches of Wildwood Crest shall be operated in excess of 10 miles per hour.

(10)

Access to and from the beaches of the Borough of Wildwood Crest shall be made only at Heather Road and Washington Avenue. Access at Rambler Road shall be only by authorization from the Chief of Police or his designee or by the Board of Commissioners.

Access for sport fishing, concessions and service vehicles, support vehicles and other municipal vehicles or as permitted by permit shall be at Heather Road or Washington Avenue unless otherwise authorized by the Chief of Police/Director of Public Safety.

Nothing contained herein shall be construed to limit beach access by emergency vehicles in a bona fide emergency as defined in Section 8-2 above.

(11)

Area of access. Except during actual entrance to and exit from the beach at the appropriate access points, no vehicle shall operate at a distance of more than 50 feet from the then exiting high tide line and no closer than 50 feet to any sand dune or outfall pipe. Operation through the Fishing Club pier shall be through the designated marked area and the speed shall not exceed five miles per hour. Care shall be taken not to operate across or cause damage to any sand dunes. Operation across or on the pedestrian/bicycle path to enter or exit the beaches shall not be permitted.

(12)

Exclusions. The provisions of this ordinance shall not apply to emergency vehicles, vehicles operated by the Wildwood Crest Police Department or vehicles operated by Borough of Wildwood Crest employees in performance of their municipal duties or for municipal-sponsored functions or events.

(13)

Alcoholic beverage use. The use of alcoholic beverages in any motor vehicles licensed hereunder while operating on the beaches of the Borough of Wildwood Crest is expressly prohibited and violations hereof will result in revocation of license, in addition to other penalties as provided for herein.

(14)

Violations and penalties; suspension or revocation of license or permit. Any person violating any provision of this subsection shall, upon conviction, be punishable by a fine of not less than $250 and not to exceed $2,000 or imprisonment for a term not to exceed 90 days, or both, or to revocation or suspension of his or her license or permit with respect to any or all of his or her licensed registered motor vehicle, or to all or any of said penalties within the sole discretion of the Municipal Judge. The Chief of Police shall have the authority, in his discretion, to suspend the permit, license or the right of the offender to use the beaches pending a hearing before the Municipal Judge upon charges made. No license or permit holder shall be permitted to obtain a new license or permit for any motor vehicle during the period of suspension nor, upon revocation, shall the permit holder or license holder obtain a new permit or license for a period of one year after his or her conviction.

Protection of beaches and dunes.

The protection of beaches and dunes shall be in accordance with the Borough Engineer's Report of Beach Maintenance prepared by Van-Note Harvey, August 2012, which plan and report is hereby adopted as the official beach maintenance plan of the Borough of Wildwood Crest and dune protection and maintenance shall be in accordance with the environmental impact statement prepared by the Lomax Consultation Group LLC, March 2010, for the individual CAFRA permit for Wildwood Crest oceanfront-NJDEP File No. 0515-09-0003.1, which plan and report is hereby adopted as the official dune protection and maintenance plan of the Borough of Wildwood Crest. These documents are on file in the office of the Municipal Clerk of the Borough of Wildwood Crest.

Short title. This subsection of Chapter 8 of the Code of the Borough of Wildwood Crest shall be known as the "Borough of Wildwood Crest Beach and Dune Protection Ordinance."

Findings and declarations.

Although there may be no economical long-term defense for fixed oceanfront structures against a constantly rising ocean level and a decreasing sediment supply, there are methods of effective protection of the oceanfront and adjacent coastal areas in the short and middle term against oceanside storm surges and flooding. A well-developed dune system provides elevation and breadth to create a level of safety from the effects of the ocean and related hazards. A well-developed, coherent coastal foredune can provide a storm surge barrier and a source of sand to mitigate the effect of storm wages for the benefit of the entire town, inland as well as oceanfront properties. Accordingly, the borough has a vital interest in the continued maintenance and protection of the ocean beach and dune areas and has the right to cause their restoration in the event of damage or destruction.

Ocean and bayfront dunes are dynamic valuable physical features of the natural environment possessing outstanding geological, recreational, scenic, and protective value. Protection and preservation of the coastal dunes are vital to this and succeeding generations of the citizens of the borough and the state. The dunes are dynamic migrating natural phenomena that help protect lives and property in adjacent landward areas, and they buffer barrier islands, and barrier beach spits from the effect of major natural coastal hazards such as hurricanes, storms, flooding, and erosion. Natural dune systems also provide important habitat for wildlife species.

Sand dunes are vulnerable to erosion by the natural process of the wind and water, as well as the absence of good husbandry by those responsible for their maintenance and preservation. The best available means of protecting said dunes against erosion is by preventing indiscriminate trespassing, construction, or other acts which might destroy or damage said dunes and by encouraging the use of native plantings, supplemented by sand fencing and other devices designed to reduce the free-blowing of sand and to support the maintenance of the surface tensions, root accumulations, normal contours and other features typical in natural dunes.

The immediate dune and beach area is not capable of rigid definition or delineation or of completely firm stabilization, so that particular sites, at the time free of dunes, may, as a result of natural forces, become part of the dune area necessary for the continuation of the protection outlined above.

This ordinance does not attempt to define and regulate all parameters of dune delineation, function or management and the Board of Commissioners declares its intent to review and update this ordinance periodically to reflect appropriately new and beneficial knowledge.

Because the Bar-Beach-Dune System provides the only viable protection to property, public and private, and persons within the borough, from the clearly present hazards of erosion and flooding caused by the Atlantic Ocean during periods of storm, and otherwise, all of the provisions of this ordinance are deemed necessary, material, and substantial; and therefore, they shall not be subject to waiver or variance.

DEVELOPMENT RESTRICTION LINE

Definitions. As used in this subsection:

ACCRETION

Includes the accumulation of sediment by natural or human-induced means on the beach area. "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 a human act, such as accretion formed by a breakwater or beachfill deposited by mechanical means.

BEACH AREA

Gently sloping areas of sand or other unconsolidated material that extends landward from the mean high water line to either: the vegetation line; a manmade feature generally parallel to the ocean such as a retaining structure, bulkhead or road; or the seaward foot of dunes, whichever is closest to the ocean waters.

An artificial boundary delineating the extreme limit of allowable development along the shore inland of the existing dune fields and beaches.

DUNE AND SHORELINE MAP

A topographic survey of dunes and beaches. The survey will contain, but not be limited to the following information: the dune crestline, dune ridges, and the landward and seaward edge of the dunes. The Map shall be reviewed and revised to reflect any changes every two years and following any storm which damages large portions of the dune area.

DUNE AREA

Area between the seaward edge of the dune and the landward edge of the dune. This shall include all areas within the following districts: Dune Maintenance District, Dune Restoration District, and Dune Reconstruction District. This area is considered to have dynamic boundaries which move in response to seasonal winds and storms. Consequently, the boundaries shall be reviewed at least every two years and following any storm which damages large portions of the dune area. The boundary review process will be conducted by the Municipal Engineer, the Department of Public Works, and assistance and review by representatives of the New Jersey Department of Environmental Protection.

DUNE CONSULTANT

An expert on dunes and their care retained by the borough. In any periods which no such expert is regularly retained, it shall mean such other person designated by the Board of Commissioners or reliance upon the New Jersey Department of Environmental Protection at no fee.

DUNE CREST

The point or line where the dune's highest elevation is located.

DUNE MIGRATION LINE

The line inland of the most landward edge of the dune area. The line is delineated on the Dune and Shoreline Map. This area is considered to have dynamic boundaries which move in response to seasonal winds and storms. Consequently, the boundaries shall be reviewed every five years.

DUNE VEGETATION

All plant species found on beaches and dunes of northeastern U.S., either native or introduced, which can build and stabilize sand dunes. Specifically, it shall include, but not be limited to, such species as American beachgrass (Ammophila brevigulata), sea rocket (Cakile edentula), seaside spurge (Euphorbia polygonifolia), dune cordgrass (Spartina patens), sea goldenrod (Solidago sempervirens), dusty miller (Artemisia stelleriana), bayberry (Myrica pennsylvanica), beach pea (Lathyrus japonicus), salt spray rose (Rosa rugosa), beach plum (Prunus maritima), etc., which normally grow or may be planted on the slopes of the dunes or behind them, with no distinction being made as to how such plants are introduced into their location.

DUNES

A wind or wave deposited or manmade formation of sand (mound or ridge), that lies generally parallel to, and landward of, the beach and the foot of most inland dune slope. "Dune" includes all landward dune ridges and mounds, the foredune, secondary, and tertiary dune ridges, as well as manmade dunes, where they exist.

A formation of sand immediately inland from the beaches which is stabilized by retaining structures, and/or snow fences, planted vegetation, and other measures are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development.

A small mound of loose windblown sand found in a street or on a part of a structure as a result of storm activity is not considered to be a "dune." (This definition is intended to reflect the definitions set forth in CAFRA regulations N.J.A.C. 7:7E-3.16 as it may be amended from time to time.)

EROSION

The wearing away of land by the action of natural forces. On a beach, the carrying away of beach materials by wave action, tidal currents, littoral currents or by wind.

MEAN HIGH WATER LINE

The line found by the intersection of a plane at the elevation of mean high water with the existing slope of the beach.

MEAN SEA LEVEL

The average height of the sea surface, based on observations of all stages of the tide over a nineteen-year period in the United States.

PATHWAY

An improved, protective access way, at grade across the dune.

PERSON

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.

SAND FENCE

Shall include the term "snow fence" of a barricade type established in a line or a pattern to accumulate sand and aid in the formation of a dune, such as picket type consisting of light wooden fence, four feet in height, held together by wire and affixed to wooden posts.

SEAWARD EDGE OF DUNE

The intersection line of the foreslope of the dune and the gradient of the beach area, or vegetation line, or the upper driftline, whichever is the more easterly.

VEGETATION LINE

That line connecting the most seaward naturally occurring perennial plants with other such plants.

WALKWAY

A constructed means of crossing the dune area in accordance with approval by the borough.

Permitted and prohibited activities.

(Reserved)

(Reserved)

Trespassing.

No person shall be in the dune area unless:

[a]

Upon an improved pathway or walkway; or

[b]

In the performance of such activities as may be reasonable and necessarily required to construct or maintain the dune or allowed structures; or

[c]

For the purpose of inspection, topographical survey, or enforcement of this ordinance; entry for these purposes will not be deemed an actionable trespass.

(ii)

No person shall operate a motor vehicle across or upon any dune area except as may be necessitated for allowed construction or for dune maintenance.

Tampering with dune protection devices.

The removal, cutting, burning or destruction of dune vegetation, sand fences, or such other types of approved dune protection devices by the borough in the dune area are prohibited, except as necessary for construction or maintenance authorized pursuant to this ordinance.

(5)

Dune systems creation and expansion.

Beach access. During storms and levels of high water, pathways are often weak links in the coastal dune ridge and become sites of overwash and breaches. Allowing a proliferation of manmade structures over the dunes is also esthetically displeasing and unnecessary. Therefore, the borough shall restrict beach access to street-ends where feasible. Dune pathways and steps to permit access across the dunes or berms to the open beach without damage to the dunes themselves shall be permitted under the following conditions:

Walkovers and access paths.

Access to the beaches and dune fields in all districts delineated by the Dune and Shoreline Map shall be limited to those accessways shown on the Dune and Shoreline Map. No walkways or steps, or combination thereof, shall be approved nor constructed to grant access to the beach on or across any lot, which lot has a boundary line or lot line adjacent to public street, alley, or easement giving access to the open beach.

(ii)

At street-ends, 10 feet walkways may be delineated which are angled to the southeast. A zig-zag or offset in the path is preferable as the dune area widens. These offsets are necessary to reduce direct overwash through the gap in the dunes.

(iii)

A walkway or ramp that is located at a street-end and meets NJDEP regulations is exempt from any provisions requiring a construction permit.

(iv)

Where an elevated walkway is constructed and sand has accreted to a point where the walkway is on the surface of the sand at the dune crest and is below the adjacent crest, the natural accretion of the dune is impeded, unless the dune height exceeds the acceptable dune height. In such case, the walkway may be raised or relocated.

(v)

If an elevated walkway is not used to access the ocean, the pathway shall be protected by placing suitable material on the sand surface, to be removed when the premises are not occupied. The depth of a crestline gap is the vertical distance between the bottom of the pathway through the crest of the dune and a line connecting the highest points of the dune with 20 feet on either side of the pathway.

(6)

(Reserved)

(7)

Administration.

The Borough Engineer shall, by such surveys and calculations as he finds necessary, locate the beach and dune areas as defined in this subsection 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.

The Borough of Wildwood Crest Code Enforcement Officer and/or the Construction Official, as the case may be under applicable law, is hereby designated as the local agency responsible for the enforcement of this subsection.

(8)

Power of eminent domain. Should any provisions of this subsection 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 health, 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.

(9)

Violations and penalties. Any person violating any provision of this subsection shall, upon conviction, be punishable by a fine of not less than $250 and not to exceed $2,000 or imprisonment for a term not to exceed 90 days, or both.

§ 8-7 Protection of Beaches and Dunes, Oceanfront Management Plan and Standards.

Findings and declarations.

The Borough of Wildwood Crest Commissioners accepted the "Oceanfront Management Plan" revised October 2011 and the "Standard Operating Procedures: Beach and Dune Management Activities" as prepared by The Lomax Consulting Group, LLC in Resolution No. 1030-13, adopted June 12, 2013.

The goals of the Oceanfront Management Plan and Standards are:

To stabilize and enhance the oceanfront of the Borough of Wildwood Crest to achieve a sustainable coastal landscape and take advantage of the sand accretion through establishment of non- structural shore protection dune features.

To regain and maintain a gently sloping beach grade, which promotes drainage and prevents storm water ponded areas.

To create, restore, reinforce and maintain a healthy, diverse, organically grown dune system comprised primarily of native species. An increase in diversity increases ecological stability.

To promote public access to the beach through maintaining and enhancing access ways and boardwalks/ramps, barrier-free where possible.

To establish a science-based approach to evaluating, managing and monitoring the oceanfront environs in a manner to achieve the goals of the Borough.

The objectives of the Oceanfront Management Plan and Standards are:

To identify problem areas in the beach/dune system and the nature and extent of the related issues.

To develop an Oceanfront Management Plan that addresses the current and expected problems associated with the Borough beach and dune system and that provides recommendations to resolve these problems.

To provide management standards and techniques that maintain healthy and sustainable beach and dune ecosystems.

Borough employee conduct and overarching policies.

If any employee observes or is advised of inappropriate activities in the beach/dune system, such as interference with maintenance procedures or rare birds or plants, they must immediately contact their supervisor.

The following standard operating procedures do not supersede the Borough of Wildwood Crest Zoning Ordinance or actions of public safety officials.

In the event that a government official (county, state or federal agency) engages you in a discussion of work, direct them to your supervisor.

Emergency contact procedure.

In the event of inappropriate activities that are observed in the beach dune system or interference with maintenance procedures, first contact your supervisor and he or she will advise as to the proper course of action, except in the risk of threat or harm to public health, safety, property or general welfare, in which event first contact the Wildwood Crest Police Department.

The following emergency contact listings have been provided to expedite beach-related emergency proceedings:

Wildwood Crest Police Department 6101 Pacific Avenue.

Wildwood Crest, NJ 08260 609-522-2456

Wildwood Crest Department of Public Works 9301 Bayview Drive.

Wildwood Crest, NJ 08260 609-522-7446

Wildwood Crest Beach Patrol (when on duty - Memorial Day through Labor Day).

Rambler Road and Beachfront 609-522-3825

Wildwood Crest Fire Department 7100 Pacific Avenue.

Wildwood Crest, NJ 08260 Emergency 911

New Jersey Department of Environmental Protection.

Emergency Hotline – Environmental Degradation/Threatened and Endangered Species

1-877-WARNDEP

United States Coast Guard Emergency 911 609-898-6974

Marine Mammal Stranding Center (for stranding of sea turtles, seals, whales or porpoises)

P.O. Box 773

3625 Brigantine Boulevard

Brigantine, NJ 08203

609-266-0538

Also advise your supervisor and police or beach patrol (in season)

Beach maintenance standards.

Maintaining the beach profile.

The beach profile will be monitored by the Borough Engineer, who will guide specific activities that would maintain the appropriate profile.

The beach profile is as follows:

Below mean low water (-2.45 feet NAD 1988 GEOID 03) – No change in profile is proposed.

Between mean low water and mean high water (+1.86 feet) – No change in profile is proposed.

Above mean high water line to beach elevation +6.5 feet – The beach is graded on a 25:1 slope.

Routine activities that maintain the profile include raking the beach in an east to west direction (from the waterline to the dunes), not the traditional north to south raking.

Excess sand resulting from daily beach raking activities will be diverted to the back beach area/waterward toe of existing dunes to maintain a gently sloping grade and inhibit berm reestablishment.

The Borough Engineer may determine that a more intensive sand redistribution project is required to reestablish appropriate beach grades. In this case, direction will be provided by the Borough Engineer and/or by the Board of Commissioners or its designee.

Records of all sand transfer activities will be maintained by the Borough Clerk. The Borough Clerk and/or the Superintendent of Public Works must make these reports available for inspection by the NJDEP, upon request. These records will include, but not be limited to, dates of transfer, borrow area limits, fill area limits, estimates of the amount of sand transferred, the name of the person(s) supervising the transfer activities, and the engineering certification required (if appropriate) for all sand transfer activities.

Beach sanitation and raking.

Beach raking will occur, as directed by the Superintendent of Public Works, generally on a daily basis during the summer season, early in the day to avoid times of heavy recreational use.

Beach raking will occur, as needed and as directed by the Superintendent of Public Works during the off-season.

Beach raking will be accomplished initiating from the mean high water line toward the dunes unless otherwise directed by the Superintendent.

No beach raking activities will take place within 10 feet of any dune (i.e. "no-rake" zone). Raking activities include the turning radius for the controlling vehicle. A dune is identified by vegetation growth and a change in slope. Dunes typically occur on the back beach area and generally run parallel to the ocean. Raking dune vegetation is prohibited and damage of this vegetation subjects the borough to violations.

Any damage to dune areas is punishable by costly violations and penalties imposed by the NJDEP Enforcement Division.

Excess sand, organic seaweed and natural biological material will be disposed of at the toe of the dune area. Heavy equipment must not be utilized within the "no-rake" zone; therefore, hand dispersing may be required.

Flotsam and jetsam (marine refuse) and other miscellaneous trash and debris must be discarded consistent with waste disposal standards, described herein.

Waste management and control.

During peak season, trash and recycling receptacles will be placed: (1) no less than 200 feet from each other in a linear fashion above the mean high water line of the beach paralleling the shoreline; and (2) at each municipal street end or access ways to provide the general public an outlet for refuse.

All trash and recycling receptacles will be emptied daily during peak season.

All receptacles will be emptied into an appropriate maintenance vehicle and disposed of within the dumpsters located at the Department of Public Works building.

Any and all mechanical equipment used for waste disposal will remain outside of the "no-rake" zone.

Any trash or debris within the dunes or "no-rake" zone will be removed by hand and disposed of appropriately.

All trash and recycling receptacles will be removed from the beach at the end of each season.

A clean beach is an integral component of the community and requires cooperation from all employees and personnel. Any litter found will be collected and appropriately disposed of.

Beach nesting birds/listed rare plants.

Many birds are protected by international, federal and state laws and treaties. However, some birds can also be pests, such as gulls. Beach sanitation plays an important part in reducing the problems associated with nuisance wildlife.

When dealing with birds that have special protection under state and federal laws, it is a violation of these laws to in any way impact their lifecycle. This includes destroying nests through encroachment and beach maintenance, disturbance of their courtship, resting, feeding and nesting activities. Heavy fines are associated with any form of harassment of these birds or the destruction of nesting habitat. If any disturbance of threatened or endangered species, birds or listed rare plants, is observed, contact your supervisor immediately. Consult the borough's representative for a list of endangered and threatened species of birds and plants protected by the USFWS and NJDEP.

Beach maintenance, such as raking and dune construction activities will immediately stop in the vicinity of beach nesting birds and rare plants. A buffer area around the beach nesting/plant areas will be established to provide an adequate distance so as not to disturb the species. This buffer is typically established as 600 feet around the nest area and stretches from the dune to the ocean, but will be established in consultation with state and federal resource managers noted in Subsection D(4)(b). The duration of beach restrictions may extend from March 15 to November 30 depending upon the resource present based on consultation with USFWS and NJDEP.

No mechanical manipulation can occur within the established buffer area. All trash and debris must be removed by hand.

In areas documented by the NJDEP as habitat for threatened or endangered beach nesting birds, no beach raking or other mechanical manipulation of the beach will take place between April 1 and August 15 unless they voluntarily abandon their nest and do not re-establish nests. This condition must be confirmed by a qualified observer and confirmed by the Non-game and Endangered Species Program of NJDEP.

The seasonal restrictions for beach raking may be waived if the NJDEP Division of Fish and Wildlife (for birds) and the Natural Heritage Program (for plants) determine that the identified areas do not represent suitable threatened or endangered beach nesting bird habitat or rare plant habitat, due to beach erosion or other causes. Requests for such a waiver will be made in writing to the Land Use Regulation Program, PO Box 439, Trenton, New Jersey, 08625-0439.

(5)

Beach emergency procedures.

An emergency is defined as a sudden, generally unexpected occurrence or circumstances requiring immediate action or as determined by the Board of Commissioners. A declaration of a state of emergency or an identified imminent threat to life or property or the environment constitutes an emergency.

Beach emergencies range from a variety of situations including but not limited to: marine mammals stranding, dangerous refuse wash- up, post-storm beach damage and erosion, inappropriate use of the beach via unauthorized off-road vehicles and illegal activities, or grounded offshore vessels. Protocol and emergency contact information has been provided in Section 8-7C, Emergency Contact Procedure.

Should a dune emergency take place, contact your superintendent immediately and take appropriate corrective actions.

The bulldozing of sand from the lower beach to the upper (back) beach, as part of an emergency post-storm beach restoration plan, must be performed in accordance with the following standards:

Bulldozing is limited to the beach area landward of the low water line.

The beach face cannot be graded to a slope steeper than 1:3.

The longshore transfer of sand from one beach area to another, as part of an emergency post-storm beach restoration plan, should be performed in accordance with the following standards:

No disturbance to existing dune areas is permitted.

Sand borrow areas shall not be bulldozed to a depth which exceeds one foot or as recommended by the Borough Engineer and approved by NJDEP.

The borrow areas may not be rescarped until full sand volume recovery has occurred.

An adequate supply of sand is available at the borrow area site, so that the relocation of this material will not decrease the level of protection adjacent to the borrow area.

The placement of sand filled geotextile bags or geotubes, as part of an emergency post-storm beach restoration plan, should be performed in accordance with the following standards:

In areas where dunes are present, the geotextile bags or geotubes will be placed along the toe of any scarped dune, or seaward of the dune toe, and not on the dune itself.

In areas where dunes are not present, the geotextile bags or geotubes will be placed at the landward limit of the beach and in no case be placed below the mean high water line.

The geotextile bags or geotubes will be tapered at the end of the project area, to minimize the impact to adjacent areas which are not protected by the geotextile bags or geotubes.

The crest and seaward side of the geotubes will be buried to achieve a gradual, uniform slope from the upper beach to the crest of the geotextile bag or geotube.

[5]

The length of shoreline along which the geotextile bags or geotubes are installed will not exceed a cumulative length of 500 feet.

[6]

Fill material for the geotextile bags or geotubes will be from an upland source, excluding the beach and dune, unless excess sand is available from the beach or dunes; however, no dune vegetation will be disturbed if the latter is used.

[7]

The geotextile bag or geotube will be installed parallel to the shoreline.

No placement of sand, gravel, rubble, concrete, or other inert material within the oceanfront unless it is conducted as part of an emergency post-storm beach restoration plan. These activities must be performed in accordance with the following standards:

All material will be non-toxic sand, gravel, concrete, rubble, or other inert material.

The placement of concrete or rubble will be temporary in nature, and is not to be used as permanent protection, unless it is part of a NJDEP approved, engineered design for permanent shore protection.

All concrete and rubble placed on the beach will be removed within 90 days, unless the placement is part of a NJDEP approved, engineered design for permanent shore protection.

The use of automobiles, tires, wood debris, asphalt, appliances or other solid waste is prohibited.

(h)

Records of all emergency activities will be maintained by the Borough Clerk and the Superintendent of Public Works and will be available for inspection by the NJDEP, upon request. These records will include, but not be limited to, dates of transfer, borrow area limits, fill area limits, estimates of the amount of sand transferred, the name of the person(s) supervising the transfer activities, and the engineering certification required if appropriate) for all sand transfer activities.

Dune maintenance standards.

Dune creation and enhancement standards.

Dune creation activities are to be concentrated on the developing dunes south of Rambler Road.

Dune enhancement activities pertain to the existing dune systems from Cresse Avenue to Rambler Road.

Dune growth should be encouraged in the area between the back beach and the dune systems; dunes should not be encouraged when sited greater than 25 feet waterward of existing dunes.

The dune creation areas will be established through the installation of two lines of sand fencing/Christmas trees and use of American beachgrass, coastal panic grass and/or saltmeadow cordgrass plantings (See Detail Sheet 21 in OFMP).

Dune enhancement activities will include the installation of sand fence/Christmas trees approximately 20 feet waterward of the existing dune boundary, with beach grass plantings waterward of the fence/trees.

Dunes should be promoted to grow waterward, rather than in elevation, by the locating of new fencing seaward of the existing dune where vegetation is established and the appropriate height is achieved.

Split rail fencing and appropriate signage will be installed along the western limits of the proposed dune areas and along the public access walkways to prevent unauthorized access into the dunes. This unauthorized intrusion results in damage to the dunes.

(h)

Borough ordinances recommend the slope of a dune maintained at a 1:5 (vertical: horizontal) slope, the height/width ratio maintained at 1:10 and elevations maintained between 10 feet and 11.5 feet above the elevation of the mean high water line.

Sand fencing shall be standard four feet wood sand (snow) fence in good condition, secured by posts. The material and size of the post is to be determined by the Borough Engineer.

(j)

Initial dune vegetation plantings will consist of American beachgrass (Ammophila breveligulata) planted along the waterward and landward sides of the sand fence. Beachgrass will be planted between November 1 and April 1, under nonfrozen soil conditions. Planting methods should include hand placement, two stems per hole, no more than 18 inches apart and in staggered rows. Initial and subsequent fertilization is recommended at the rate of two pounds of slow-release 10-10-10 per 1,000 square feet.

(k)

Dune enhancement activities consist of installing sand fencing 20 feet waterward of the existing toe of dune with a ten-foot strip of American beachgrass (Ammophila breveligulata) planted along the waterward sides of the sand fence.

(l)

After beachgrass is established, other approved permitted vegetation may be added.

(m)

The controlled use of discarded natural Christmas trees for the purpose of dune stabilization is generally discouraged, but may be acceptable, in accordance with the standards set forth below. Discarded Christmas trees serve the same function as sand fencing, by trapping wind blown sand and facilitating sand deposition and dune formation. However, uncontrolled or inappropriate placement of trees will hinder the development of dunes and may present a fire hazard.

Only natural, coniferous trees are suitable for use in dune stabilization. The use of tree limbs, clippings, artificial trees, and other dead vegetation is prohibited.

Trees will be placed at least 100 feet landward of the high water line, in areas which are generally not subject to spring tidal inundation and wave swash action.

The placement of trees will be oriented against the prevailing winds, in either a straight line or zig-zag formation.

The trees will be installed by overlapping the stump end of one tree with the pointed end of another, and then anchoring the connection point with a sufficient amount of sand to hold the trees in place.

[5]

Newly placed trees will be monitored to ensure that the trees remain anchored and do not become dislodged. Additional quantities of sand or wooden anchor stakes may be used to hold the trees in place until they become stabilized.

[6]

All newly deposited sand will be stabilized through the planting of beachgrass, during the appropriate planting season.

(n)

Excess sand resulting from daily beach raking activities should be deposited on the landward side of the newly created dunes to promote continued growth.

Dune monitoring standards.

At the direction of the Borough Engineer or the Board of Commissioners or its designee, the dune vegetation within the developing dunes will be inspected in the spring and fall to ensure successful establishment. Plant replacement is required for dead plants.

The dunes will be inspected on a regular basis by the staff at the Department of Public Works and by those assigned by the Commissioner or Superintendent of Public Works. Inventories and associated responses should include:

Areas of non-indigenous or invasive vegetative species should be identified. Current NJDEP policy allows for the removal of invasive species in dunes, as long as the work is done by hand and if no excavation occurs. Replacement species should utilize appropriate native species.

Areas of damage to dune structure or vegetation should be identified. Material should be placed in areas of damage (i.e., escarpments) and vegetation should be replanted utilizing appropriate native species.

Areas of damaged sand fence will be replaced. Protective signage will be inventoried and replaced, if necessary.

Dune walkovers shall be inspected to ensure appropriate pathways are maintained, vegetation encroachment is managed properly, split rail fencing is in good condition and substrate is adequate for continued use by the public.

At the direction of the Borough Engineer, the Borough's Department of Public Works oversee the "Maintenance of Dune Program" to enable the community to continue to perform regular maintenance of the dune vegetation; specifically as it relates to trimming overgrown species and removal of non-native or invasive vegetation, which removal shall be done without vehicles or mechanized equipment. This maintenance ensures that a single species does not evolve into a monoculture, which can result in degraded dunes and unsuitable habitat for wildlife.

Current NJDEP policy allows for the pruning or trimming of existing vegetation provided that it is done by hand, without the use of machinery and is completed prior to April 1st of each year, that is, only between October 1 and March 31, and must be done with approval of Commissioner and Superintendent of the Department of Public Works.

NJDEP also permits the removal of invasive species in dunes, as long as the work is done by hand and no excavation occurs.

Dune protection standards.

Signage which restricts dune disturbance, trespassing and littering will be posted along all public access walkways within the dune system.

Split rail fencing and appropriate signage will be installed along the western limits of the proposed dune area and along the public access walkways to prevent unauthorized access and resulting in damage to the dunes from inappropriate passage.

Penalties should be enforced to discourage intrusion into the dunes. Enforcement should be provided by the Borough Police Department and Beach Patrol.

Dune emergency procedures.

The dune ecosystem is a complex and delicate coastal feature. Although they have protected the coastline for centuries from storms and flooding, the vegetation which retains the dune structure is easily damaged by trampling. As such, extensive efforts have been made to preserve these valuable parts of the landscape.

Dune emergencies follow the same protocols as beach emergencies, but include the following types of activities: (1) intrusion into the dunes by humans or pets, (2) destruction of dune fence that would promote access to the dunes, (3) destruction of dune signage or (4) post-storm dune damage and erosion such as scouring. Protocol and emergency contact information has been provided in Section 8-7C, Emergency Contact Procedure.

Should a dune emergency take place, contact your supervisor immediately and take appropriate corrective actions immediately.

Access ways and temporary structure maintenance standards.

Maintenance of access ways.

The borough provides access to the beach via street end ramps at the terminus of every street, except Cresse Avenue. In addition to the public access ways, approximately 18 private motels provide access to the beach via stairs or ramps. Any and all stairs and ramps shall be constructed of temporary and not permanent construction materials. Vehicular access to the beach is provided for emergency/maintenance vehicles on Washington Avenue, Rambler Road, and Heather Road, as authorized by the borough. An eight foot wide public access pathway is proposed between the proposed dunes and the existing public and private bulkheads along the landward extent of the beachfront. This public access path is proposed to connect to the existing oceanfront pedestrian promenade/bikeway north of Rambler Road, and will continue south to the municipal boundary parallel to the bulkhead.

The areas between the existing bulkheads and public access way may be utilized as passive or active recreation areas or as a vegetated park setting. The use for each specific area will require approval and supervision by the borough and will be improved and managed by each adjacent private property owners. None of these areas will be used for commercial activities without approval.

At the beginning of each season and periodically throughout the season all timber ramps and other access ways will be inspected as to their structural integrity and overall condition. Deteriorated or rotten wood will be replaced and protruding nail and screw heads will be secured for the safety and welfare of all who utilize the beach.

After significant coastal storms and flood events, timber ramps and walkways will be inspected to make certain that they are properly secured and safe.

Public access ways will be kept free of trash and other miscellaneous debris. Collected trash will be collected and disposed of consistent with waste disposal standards, described herein.

Public access stairs and ramps should be maintained to eliminate sand collection. Wind deposited sand should be cleared from public ramps and stairs on a routine basis.

Temporary walkways can be utilized on the beach between May 1 and October 31.

(h)

Walkways must be angled southeast at the waterward extent of the dunes to minimize the impact of storm winds and to reduce direct overwash through the gaps of the dunes. This configuration will reduce wind and water damage to the walkways.

The dunes will be protected from human intrusion and damage through the use of split rail fencing and signage.

(j)

Temporary storage of seasonal walkways during the off-season should occur immediately waterward of the municipal bulkheads at each of the street end public access ways. The walkways must be properly secured and promptly removed upon threat of severe weather or securely anchored.

(k)

Public ramps proposed for reconstruction will be designed and constructed consistent with the Borough Engineer's recommendations. From Jefferson Avenue to Rambler Road, ADA compliant "switch back" beach access ramps are approved at the street end locations where the dune access ways are a maximum 12 feet in width. At the alternating street ends from Jefferson Avenue to Rambler Road where the dune access ways are a maximum of eight feet in width, the proposed beach access ramps shall be constructed perpendicular to the bulkhead and in compliance with ADA requirements. From Primrose Road to Morning Glory Road the beach access ramps shall be constructed perpendicular to the bulkhead at a maximum width of eight feet and shall be ADA compliant. Street end access ways through the dunes will be provided by the maintenance of maximum sixteen-foot wide access ways at Heather Road, Rambler Road, and Washington Avenue; by the construction of maximum twelve-foot wide access ways at every 2nd street end from Jefferson Avenue to Rambler Road; and by the construction of maximum eight-foot wide access ways at the remaining street ends.

(l)

Future construction of elevated dune walkover structures shall be in accordance with the standards and specifications (or similar specifications) described in Beach Dune Walkover Structures (Florida Sea Grant 1981).

(m)

Authorized private vehicles for fishing access are permitted from the fall through the spring, in accordance with the borough ordinance for vehicular beach access.

Access emergency procedures.

An access emergency refers to conditions that make access to the beach unsafe for the general public. These types of emergencies focus on, but are not limited to: (1) damaged beach pathways that may have been impacted by storm events or fire, (2) wear of the access ways located in the back dune area, or (3) any impediment that would hinder or restrict emergency access to the beachfront. The routine maintenance outlined in Subsection F(1), Maintenance of Access Ways, is imperative to the health and safety of the general public by reducing the frequency of access related emergencies. Protocol and emergency contact information has been provided in new Section 8-7C. hereof.

Should an emergency occur, contact your supervisor immediately and take appropriate corrective actions.

Temporary structures and beach amenities.

It is recognized that the Borough of Wildwood Crest allows temporary structures to be placed on the beachfront that are used for beach amenities such as seasonal beach chair, umbrella and body board rentals, ice cream concession stands and portable toilets.

These temporary structures will be in place not before May 1st and not later than October 31st.