[HISTORY: Adopted by the Township Council of the Township of Brick 6-28-1988
by Ord. No. 636-88 (Ch. 134 of the 1989 Code). Amendments
noted where applicable.]
A.
Effective protection of the oceanfront and adjacent coastal
areas in the intermediate term against high tides and flooding and against
damage by the ocean under storm conditions requires sufficient elevation and
breadth in the beach and dune areas, hereinafter defined, to dissipate the
force of the waves. The dunes should provide an uninterrupted barrier and
a source of sand to mitigate the effect of storm waves for the benefit of
the entire Township, interior lands as well as oceanfront premises and a beach
for the recreational purposes of all. Accordingly, the Township has a vital
interest in the continued maintenance and protection of the beach and dune
areas and in the right to cause their restoration in the event of damage or
destruction.
B.
Dune areas are vulnerable to erosion by wind, water,
the absence of good husbandry by those responsible for their maintenance and
preservation and by indiscriminate trespass, construction or other acts which
might destroy or damage them.
C.
A proven and available means of protecting dune areas
against erosion is by preventing indiscriminate trespassing, construction
or other acts which might destroy or damage them and, through the aggressive
use of native plantings supplemented, when necessary, by sand fencing and
other protective devices, or combinations thereof, designed to prevent the
erosion of dune areas and to promote the root accumulations, normal contours
and other features found in natural dune systems.
D.
The beach area and dune area are dynamic and are not
capable of rigid definition or delineation or of completely firm stabilization.
They can and do migrate, so that particular sites, at one time free of dunes,
may, as the result of natural forces, become a part of the dune area declared
to be in the interest of the Township to protect persons owning, using or
purchasing such property and to do so subject to the public interest therein.
E.
It is a purpose of this chapter to define the areas so
affected and to establish regulations to assure their continued effectiveness.
F.
This chapter does not attempt to define and regulate
all parameters of dune delineation, function or management, and the Township
Council declares its intent to review and update this chapter periodically
to reflect appropriately new and beneficial knowledge of treating such things
as, but not limited to, upper driftline, elevated walkways and building setback
requirements.
G.
This chapter is declared to be an exercise of the police
power in the interest of safety and welfare for the protection of persons
and property.
For the purposes of this chapter, the following terms shall have the
meanings given herein:
That area between the mean high waterline of the Atlantic Ocean,
as established by the United States Coast and Geodetic Survey and the seaward
edge of the dune as hereinafter defined.
Gently sloping unvegetated areas of sand or other unconsolidated materials
that extend landward from the mean high water line to either:
The vegetation line;
A man-made feature generally parallel to the ocean, inlet or bay waters
such as a retaining structure, seawall, bulkhead, road or boardwalk, except
that the sandy areas that extend fully under the landward of an elevated boardwalk
are considered to be beach areas; or
The seaward or bayward foot of dunes, whichever is closest to the bay,
inlet or ocean waters.
Beaches can be found on all tidal shorelines, including ocean, bay and
river shorelines.
A wind or wave deposited or man-made formation of vegetated or drifting
windblown sand, that lies generally parallel to and landward of the beach
and between the upland limit of the beach and the foot of the most inland
dune slope. "Dune" includes the foredune, secondary and tertiary dune ridges,
as well as man-made dunes, where they exist. Formations of sand immediately
adjacent to beaches that are 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.
That area between the seaward edge of the dune and the landward edge
of the dune.
That line designated as such on the revised Tax Map of the Township
of Brick.
The intersecting line of the back slope of the dune and the grade
of the land extending from the east boundary of New Jersey Route 35 eastwardly
or the line adjoining the average landward edge of the dune of the adjoining
oceanfront properties or a line parallel to and 60 feet west of the seaward
edge of the dune, whichever is the most westerly.
Includes the terms "native vegetation" or "indigenous vegetation."
Specifically, it shall include such plants as beach grass (Ammophila breviligulata),
dusty miller (Artemisia stelleriana), sea rocket (Cakile edentula), seaside
goldenrod (Solidago sempervirens), bayberry (Myrica pensylvanica), beach pea
(Lathyrus japonicus), salt spray rose (Rosa rugosa) or seaside spurge (Euphorbia
polygonifolia), which normally grow or may be planted on the slopes of dunes
or behind them, no distinction being made as to how such plants are introduced
into their location.
Includes 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:
The intersecting line of the foreslope of the dune and the gradient
of the beach area or the contour line at an elevation of 12 feet above mean
high water or the vegetation line or the upper drift line, whichever is the
most easterly, except when the Township Engineer may have caused stakes to
be driven to mark the seaward edge of the dune, in which case it is the line
between such stakes.
That line parallel to the dune reference line and located westwardly
therefrom by the setback distances variously specified by the Township.
That line produced by the winter spring tides (highest tides of the
year) which contains oceanic debris (flotsam such as seaweed, etc.) and the
seeds, rhizomes or detached plants which can germinate and/or grow to produce
a zone of new dune vegetation.
That line connecting the most seaward naturally occurring perennial
plants with other such plants.
A constructed means of crossing the dune area in accordance with
drawings approved by the Township Council and on file with the Township Engineer.
A.
Development is prohibited on beaches, except for development
that has no prudent or feasible alternative in an area other than a beach
and that will not cause significant adverse long-term impacts on the natural
functioning of the beach and dune system, either individually or in combination
with other existing or proposed structures, land disturbances or activities.
Examples of acceptable activities are:
(1)
Demolition and removal of paving and structures.
(2)
Dune creation and related sand fencing and planting of
vegetation for dune stabilization.
(3)
The reconstruction of existing amusement and fishing
piers and boardwalks.
(4)
Temporary recreation structures for public safety such
as first aid and lifeguard stations.
B.
Development is prohibited on dunes, except for development
that has no prudent or feasible alternative in an area other than a dune and
that will not cause significant adverse long-term impacts on the natural functioning
of the beach and dune system, either individually or in combination with other
existing or proposed structures, land disturbances or activities. Examples
of acceptable activities are:
(1)
Demolition and removal of paving and structures.
(2)
Limited, designated accessways for pedestrians and authorized
motor vehicles between public streets and the beach that provide for the minimum
feasible interference with the beach and dune system and are oriented so as
to provide the minimum feasible threat of breaching or overtopping as a result
of storm surge or wave run-up.
(3)
Limited stairs, walkways, pathways and boardwalks to
permit access across dunes to beaches, provided that they cause minimum feasible
interference with the beach and dune system.
(4)
The planting of native vegetation to stabilize dunes.
(5)
Sand fencing to accumulate sand and aid in dune formation.
C.
The municipality shall not undertake any mechanical manipulation,
including but not limited to bulldozing, grading and scraping, of the beach
and dune area unless written authorization is received from the Division of
Coastal Resources.
D.
The municipality shall be responsible for the continuation
of its current public access practices pertaining to beach access.
A.
Construction east of the setback line is prohibited,
except as specified herein.
B.
Construction in the dune area west of the setback line is prohibited, except as specifically allowed herein or by the Chapter 245, Land Use, of the Township Code and in accordance with Chapter 196, Flood Hazard Areas. Any allowed structure shall be built upon suitable piling and shall be and remain open and unenclosed between the piling at least from grade to the bottom of the first floor joists, as to dwellings; other allowed structures shall be designed, constructed and maintained so as to facilitate the natural migration of sand on or across the premises.
C.
No person shall be in the dune area unless:
D.
Only one pathway or walkway across the dune area is permitted for each residence. It shall run, generally, the shortest practical course between the residence and the seaward edge of the dune and shall not exceed three feet in width. At street ends, wider pathways may be delineated by the Township Engineer. In the event that any pathway or walkway shall be or become, in the opinion of the Township, a substantial detriment to the development and maintenance of the continuous protective dune sought to be achieved by this chapter, the owner of the premises shall be subject to the provisions of § 162-5 of this chapter.
F.
The removal of sand from the beach or dune area is prohibited.
G.
Sand which is transported upon lands by action of wind,
tides, storms or any combination thereof shall not be removed from the lot
upon which it is deposited by such action. To the extent practicable, considering
the utilization of the premises, such sand as may be affirmatively relocated
by the owner upon the lot shall be moved eastwardly. Sand deposited upon any
improved street ends shall be restored into the beach and dune area.
H.
One of the purposes of this chapter is to achieve the
maintenance of the sand dunes at the highest practical height. To this end,
no dune shall be directly or indirectly lowered or reduced in height by the
action or inaction of any owner or his agent. However, if any dune shall be
or become lower than the elevation deemed materially significant by the Township,
applying recognized criteria, with due regard to the intent of this chapter
and reasonable use of the premises, the owner thereof shall be obliged to
install such sand fence and plantings as may be prescribed by the Township.
The owner shall have an obligation to maintain and replace, if necessary,
these fences and plantings but shall not be obligated to take other affirmative
action, except as may be specified elsewhere in this chapter. If the dune
is lowered or caused to be lowered by the direct or indirect action of any
owner, then the dune shall, upon due notice to the owner, be restored to its
immediately preexisting elevation by the owner or at his expense. The restored
dune shall be planted and sand fenced in accordance with specifications promulgated
under this chapter.
I.
In order to provide for effective protection and/or restoration
of the dune area, each owner shall plant or cause to be planted in the dune
area adjoining his property suitable vegetation and erect or cause to be erected
suitable sand fencing all in accordance with such standards as may be recommended
by the Township and adopted by resolution of the Township Council.
A.
The Chief of Police and in all events the Township Council
shall enforce the affirmative duty of each oceanfront owner, as set forth
in this chapter, by service of a written notice, certified mail, return receipt
required, upon the record owner at his last known address as set forth in
the Township tax rolls, requesting specific compliance with these obligations
concerning dune protection and/or restoration. The notice shall also advise
that unless the owner shall take appropriate corrective action and complete
the same within 30 days from the day of mailing said notice, the Township
may perform such acts of protection and/or restoration at the expense of the
owner. Such expenditures by the Township, if any, shall be due and payable
upon demand. In the event that any such owner shall fail to pay, then the
sum, together with interest at the highest legal rate thereon, shall become
a lien upon the property and be collected in the same manner as delinquent
real property taxes.
A copy of this chapter shall be furnished to all oceanfront property
owners and to each applicant for a building permit for any construction east
of said boundaries. Compliance with this section shall not be a jurisdictional
prerequisite in any enforcement proceeding.
For any and every violation of this chapter, the owners of land abutting the beach or dune area where such violation has been committed, or the trespasser if the violation is of § 164-4E, or any violator shall for each and every violation be subject to the penalties as provided in Chapter 1, § 1-15, General penalty. Each and every day that such violation continues shall be considered a separate violation of this chapter.
