Barnegat Light City Zoning Code
§ 215-5
Beach and dune area. 1
[Added 2-28-1994 by Ord. No. 94-119]
A.
Findings and declarations.
(1)
It has been clearly demonstrated that well-established and protected sand dunes, together with berms, beaches and underwater slopes of suitable configuration and of proper grade and height, are a durable and effective protection against high tides and flooding and against damage by the ocean under storm conditions and are the natural protection of the coastal areas adjacent thereto, and the state and its subdivisions and their inhabitants have an interest in the continued protection thereof and in the right to restore them in the event of damage or destruction.
(2)
The dunes are vulnerable to erosion by both wind and water, but primarily by wind, since its attacks against the dunes are sustained for substantial and frequently recurring periods of time, whereas, if protected by typical berms, beaches and underwater slopes, the dunes are attacked by water only at infrequent intervals. The best available means of protecting the dunes against wind is by preventing indiscriminate trespassing, construction or other acts which might destroy or damage the dunes, and through the use of native planting, supplemented by sand fencing, and other devices designed to prevent the free blowing of sand, and the maintenance of the surface tensions, root accumulations, normal contours and other features found in typical natural dunes.
[Amended 7-16-1997 by Ord. No. 97-8]
(3)
The immediate dune and beach area is not capable of rigid definition or delineation or of completely firm stabilization, so that particular sites at one time free of dunes may, as the result of natural forces, become part of the dune area necessary for the continuation of the protection above outlined, and persons purchasing or owning such property do so subject to the public interest therein.
[Amended 7-16-1997 by Ord. No. 97-8]
(4)
It is the purpose of this section to define the areas so affected and to establish regulations to assure their continued effectiveness. This section 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.
B. BACKSHORE BEACH BEACH-DUNE AREA BOARDWALK DUNE AREA DUNE LINE DUNES FORESHORE MEAN SEA LEVEL NATURAL DUNE NATURAL VEGETATION SAND FENCE SLOPE, LEEWARD
Definitions. As used in this section, the following words shall have the meanings indicated:
That zone of the shore or beach lying between the foreshore and dune area and normally acted upon by waves only during severe storms, especially when combined with exceptionally high water.
The district set off by this section, to include the dunes, backshore and foreshore and the areas where, according to normal beach profile, the same would or should exist.
Includes the term "walkway" and shall mean a walk or promenade or planking built across the dune line or berm to connect the street ends or other property with the open beach. These shall be perpendicular to the western boundary of the dune zone, and in no case shall a wooden promenade parallel to or along the beach be permitted. The height, width, length and type or construction of these shall be approved by the Borough Engineer.
The area actually or normally occupied by dunes. For purposes of this section, it shall be construed to include its actual dimensions or according to a computed profile with a height of 14 feet above mean sea level, a crest of 20 feet and a leeward slope of one to five, whichever shall be greater, but not greater than 50 feet from the average seaward side of the dune crest as computed by the Borough Engineer, and provided further that the leeward slope shall in no case be made steeper than one to five. In the portions north and west of the south jetty along the shore of Barnegat Inlet, the Borough Engineer may compute a dune area and profile graduated to a lesser height or width to compensate for the sheltering effect of the north and south jetties, the lands to the north of the inlet and any other reasonably permanent natural or artificial features tending to provide protections greater than that enjoyed by the areas directly adjoining the Atlantic Ocean.
[Amended 7-16-1997 by Ord. No. 97-8]
A row of dunes, which may blend in with a berm, which blend in with each other, are roughly parallel to the ocean and serve as a protective barrier against the elements.
Wind- or wave-deposited or man-made formations, vegetated or drifting windblown sand, that lie 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. Formations of sand-retaining structures and/or snow fences, planted vegetation or 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.
[Amended 7-16-1997 by Ord. No. 97-8]
The part of the shore lying between the crest of the seaward berm and the ordinary low water mark that is ordinarily traversed by the uprush and backrush of the waves.
The term "sea level" and shall refer to the 1929 Sea Level 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.
A dune created by natural forces or one that has developed the contours, vegetation, root system, etc., characteristic of dunes so created.
Includes the term "native vegetation" or "indigenous vegetation." Specifically, it shall mean such plants as beach grass (Ammophila breviligulata), dusty miller (Artemisia stelleriana), hudsonia (Hudsonia tomentosa), sea rocket (Cakile endentule), seaside goldenrod (Solidago sempervireus), poison ivy (Rhus Toxicoderon), woodbine or Virginia Creeper (Ampelopsis), catbrier or greenbrier (Smilax) or beachplum (Prumus maritima) which normally grow or may be planted on the slopes of dunes or behind them. No distinction is made as to how such plants are introduced into their locations.
Includes the term "snow fence" and may mean a barricade established in a line or pattern to accumulate sand and aid in the formation of a dune. The picket type shall be the commercial variety of light wooden fence, held together by wire and secured by posts.
[Amended 7-16-1997 by Ord. No. 97-8]
The face or surface of the dune or berm going from its crest or plateau away from the ocean.
C.
Provisions.
(1)
This section shall be applicable to the beach-dune area as hereinbefore defined.
(2)
No construction of any sort shall be allowed in the foreshore or backshore areas thereof excepting protective works undertaken by the borough with the approval of the Division of Coastal Resources of the State of New Jersey and/or the United States Army Corps of Engineers, as applicable.
(3)
No construction of any sort shall be allowed in the remainder of the beach-dune area except the following:
(b)
Boardwalks and steps to permit access across the dunes or berms to the open beach without damage to the dunes themselves.
(c)
Sand fences to encourage the accumulation of sand.
(d)
Pavilions or similar small platforms.
[1]
Pavilions or similar small platforms of less than 300 square feet in area, provided that they do not have more than 40% solid walls, are mounted on suitable pilings and the area for 20 feet around them is suitably planted with beach grass or other natural vegetation capable of stabilizing the sand in such area, provided further that it shall be established to the satisfaction of the Borough Engineer that the proposed design and construction methods as applied to the particular site situation and time shall not:
[2]
The design and construction of any such pavilion or platform shall include any feature, device or provision required by the Borough Engineer to carry out the intent of this section.
(e)
A bulkhead designed to replace or supplement dunes as herein described, provided that, before any such permit shall issue or be effective for the construction of any such bulkhead, it shall be demonstrated by competent engineering studies and design that such bulkhead shall:
[1]
In every respect provide as much protection as the dunes intended to be in such area, optimum conditions, would provide.
[2]
Create, increase or prolong no condition likely to be detrimental to the maintenance of an adequate dune line. In no case shall an existing dune be destroyed or excavated in order to construct a bulkhead, particularly in the V Zone.
[3]
Conform adequately to the overall beach protection plans of the borough, Division of Coastal Resources and the United States Army Corps of Engineers and be consistent with all FEMA regulations.
[4]
Be constructed in accordance with accepted engineering standards as applied to all of the circumstances.
(4)
It shall be unlawful to throw, place, deposit or leave any shrubs or shrub cuttings, trees, mats, bottles, glass, crockery, sharp or pointed article or thing, paper, refuse or debris of any kind on the beach area, dunes or approaches thereto, except in the proper receptacles provided therefor.
(5)
Access to the open beach in this zone shall be obtained only across street ends or along properly constructed and authorized boardwalks and steps. Where boardwalks and steps are constructed in street end extensions, access shall be across such boardwalks and steps only.
(6)
The borough may erect or require the construction of fencing along the western limits of the backshore and dune areas and provide or require suitable markings to identify the same. Persons may enter such areas only to carry out the purposes of this section. Where walkways or boardwalks exist, the same shall be suitably bordered with fences to prevent damage to the dunes or berms which they cross.
(7)
The unauthorized removal or displacement of sand within the beach-dune area or the unauthorized trespassing upon the dune area shall be construed a violation of this section.
(a)
If such excavation is proposed in existing dunes, particularly in the V Zone, an engineering analysis by a licensed professional engineer with a specialization in coastal engineering must be performed to determine the impact of dune alteration on flood potential. If the engineer can certify that the flooding potential will not be increased, the permit process can proceed.
(b)
If a permit is issued, it shall be conditioned, whenever possible, that the sand be sifted to separate nonbeach material and be replaced back onto the beach or dune system.
(c)
The unauthorized removal or destruction of natural vegetation within the dune area shall be construed a violation of this section.
(d)
If a permit is granted, the applicant must include a satisfactory plan for a restabilization with fencing and native vegetation species of the remaining dune area so disturbed or excavated.
(e)
Any applicant for relief from this subsection shall be required to serve notice by certified mail, return receipt requested, upon the Commissioner of the New Jersey Department of Environmental Protection and Energy at least 10 days prior to the hearing, in addition to such other notice requirements established by law.
D.
Administration. The Borough Engineer shall, by such surveys and calculations as he finds necessary, locate the beach and dune areas as defined in this section 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 make any corrections in his findings and plotting that changes in the natural or artificial features of the terrain may justify or require.
E.
Applicability. The provisions of this section shall apply in all zones within the Borough of Barnegat Light and shall be applicable notwithstanding any other provision of this chapter.