[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City as indicated in article histories.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 182, Rental Restrictions,
Art. I, adopted 5-15-1978 by Ord. No. 7813, was repealed 10-4-1983
by Ord. No. 8335.
[Adopted 10-4-2001 by Ord. No. 2001-7]
As used in this article, the following terms
shall have the meanings indicated:
Any application for funds submitted by the City of Ventnor
City to any agency of the state or federal government, or any contract
entered into between the City of Ventnor City and any other agency
of federal, state, or local government relating to a dunes project.
The creation, development, maintenance, and/or preservation
of dunes built or located upon the public beaches of the City of Ventnor
City as a part of any beach replenishment project.
The Board of Commissioners shall not approve
any dunes project; appropriate any funds for a dunes project; enter
into any cooperative agreement; nor authorize the acquisition of property
or an interest in property whether by purchase, eminent domain, or
otherwise, for a dunes project other than by means of an ordinance
duly adopted by the Board of Commissioners, which ordinance shall,
by its terms, not be effective until it has been submitted to and
approved by the voters of the City of Ventnor City at an election
duly scheduled for that purpose.
[Adopted 9-7-1989 by Ord. No. 8920]
A.
It has been clearly demonstrated that well-established
and protected sand dunes, together with properly maintained beach
and dune areas, are an effective protection against high tides and
flooding and against property damage by the ocean under storm conditions
and that they provide desirable protection of the coastal areas adjacent
thereto, and the State of New Jersey, along with its political subdivisions
and their inhabitants, have an interest in the continued protection
and preservation thereof and in the restoration of them in the event
of property damage or destruction.
B.
The developed coastal area of New Jersey, including
developed barrier islands and adjacent shorefront areas, represent
a unique and invaluable social, economic, recreational and aesthetic
resource. Given the present degree of commercial and residential development
in these areas, given the measurable and intangible benefits that
accrue to the residents of the State of New Jersey and the public
at large from the beach, boating, fishing and vacation facilities
that this diversely developed coastal area offers and given the present
extensive knowledge of the protective and restorative nature of beach
nourishment, dune creation, dune restoration and other selected coastal
engineering programs, it is hereby declared that it is appropriate,
essential, feasible and in the public interest to preserve, protect
and enhance these coastal regions in their developed state.
C.
It is the purpose of this article to define the areas
so affected and to establish regulations to assure their continued
effectiveness. This 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 beach fill, deposited
by mechanical means.
Gently sloping, unvegetated areas of sand or other unconsolidated
material that extend landward from the mean high-water line to where
there is a marked change in the material of physiographic form, i.e.,
dune or boardwalk.
A wind- or wave-deposited formation of vegetated or drifting
windblown sand, generally parallel to and landward between the inland
limit to the beach and the foot of the most inland dune slope, including
primary, secondary and tertiary dunes where they exist. Formations
of sand immediately adjacent to beaches that are stabilized by retaining
structures, such as snow fences, planted vegetation and other measures
are considered to be natural dunes, regardless of the degree of modification
of the dune by wind or wave action or disturbance by development.
A dune shall not include loose windblown and found in a street or
on a part of a structure as a result of wind or storm activity.
An area located seaward of the 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 fences and plantings 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 Commission, 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 hereinbefore defined.
A.
Within shorefront protection areas, no person shall
undertake or cause to be undertaken any activity, including the construction,
relocation, reconstruction, modification, expansion or demolition
of any temporary, mobile or permanent structure, except upon the approval
of the governing body. The following uses may be permitted:
(1)
Open space, beach or water recreation.
(2)
Boardwalks and steps to permit access to the dunes
and to the beach, without damage to the dunes themselves.
(3)
Sand fences to encourage the accumulation of sand.
(4)
Pavilions or similar small platforms less than 400
square feet in area, provided that they do not have solid walls, are
mounted on suitable pilings, and provided further that it shall be
established to the satisfaction of the Construction Official that
the proposed design and construction methods, as applied to the particular
site situation and time, will not:
(5)
Necessary buildings and structures for public safety
and convenience, including infrastructure, first-aid stations, lifeguard
stations, boardwalks and attached buildings, comfort stations, piers,
dune walkover structures and related activities.
(6)
Necessary shorefront protection and stabilization
improvements, including groins, bulkheads and activities related to
beach restoration projects.
(7)
The operation of specially permitted and licensed
vehicles for public safety and maintenance purposes only.
B.
Landward of dune areas, a property owner may remove
clean, windblown sand which must be deposited easterly of his property
line and boardwalk.
C.
Within the dunes and Dune Development District areas,
the following activities are prohibited:
(1)
The operation of any motor vehicle, except in designated
accessways.
(2)
The removal of sediment and native vegetation.
(3)
Placement of nonliving trees, brush, shrubs or other
debris.
(4)
Pedestrian or vehicular traffic on or over dunes or
sand fencing, except in designated accessways.
(5)
Removal, mutilation or destruction of sand or sand
fencing, unless removal is part of an authorized dune maintenance
activity.
D.
Within the shorefront protection areas, unless otherwise
controlled elsewhere in this section, no person shall undertake or
cause to be undertaken a regulated activity hereinafter defined until
he has applied for and received a permit issued by the Construction
Official.
A.
Regulated activities shall mean and include:
(1)
The construction, relocation, modification, expansion
or demolition of any temporary, mobile or permanent structure, subject
to applicable building standards.
(2)
The removal, excavation, filling or deposition of
any soil, mud, sand, gravel or other material, except as noted hereinafter.
(3)
The construction, reconstruction or major repair of
any public facilities, including, but not limited to, roads, sewers,
bridges and electric power, telephone, gas and water lines.
(4)
The construction of pipelines and other lineal development.
(5)
The designation and development of accessways and
pedestrian paths and walkways through dunes.
B.
Regulated activities does not mean or include:
(1)
The operation of motor vehicles by government agencies
for public safety, beach maintenance and emergency purposes.
(2)
The operation of motor vehicles outside of beach and
dune areas.
(3)
The repair of any existing structure, provided that
it is authorized by a construction permit and does not conflict with
any ordinance as herein stated.
(4)
The removal of sand from designated driveways or accessways
within the shorefront protection area.
(5)
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.
A.
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 $1,000 or
imprisonment for a term not exceeding 90 days, or both, as such court
in its discretion may impose. Each day that such violation exists
shall constitute a separate offense. In addition to or as a substitute
for the previously mentioned fine, the imposition of community service
shall be authorized as an additional penalty, which community service
shall not exceed 90 days.
B.
In addition to the above penalties, the Ventnor 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.
