Certain portions of the beachfront and strand bordering on the Atlantic Ocean, the entire length of the oceanfront from the north City boundary line to the stone jetty on the north side of the Absecon Inlet, have in the past suffered from damage caused by storms and storm tides, at which time the sea has encroached upon the land and has caused damage to both public and private property and has endangered the safety and welfare of the general public.

The situation created along the beach by reason of such storm tides and resulting damage has been so serious that thousands of dollars of both public and private funds have been expended for the erection of bulkheads, sand fences and other devices intended to prevent.

It has been 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 some of the elements of a durable and effective protection against 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 need to restore them in the event of damage or destruction.

Sand 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 said dunes against wind erosion is by preventing indiscriminate trespassing, construction or other acts oceanward of the development restriction line which might destroy or damage said dunes and through the use of native plantings, supplemented by sand fencing and other devices designated 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.

The immediate dune and beach areas, located between the ocean and the development restriction line, are 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. The residents of the City of Brigantine must therefore be prepared to revise the development restriction line from time to time.

The erosion of the beachfront has created a threat and danger to the property and life of persons in the City of Brigantine by reason of the destruction of the sand barriers which protect the City's oceanfront on both public and private property within the City of Brigantine.

The interference with or the depletion of the beach and sand dunes tends to permit encroachment by the sea, and conditions recited above make it imperative that the governing body regulate and control the removal of sand from the beach or dunes or any other interference with or depletion of the protective barrier on the oceanfront of the City of Brigantine.

In agreement with the Legislature of the State of New Jersey, the City of Brigantine finds and declares that one of the most vital and productive areas of the barrier island system is the estuarine zone.

This area protects the land from the force of the sea, moderates the weather at the shore, provides a home for waterfowl, fish and shellfish and assists in absorbing sewerage discharge by the rivers of the land.

Coastal wetlands contribute to the physical stability of the coastal zone by serving as:

The wetlands naturally perform the wastewater treatment process of removing phosphorous and nitrogenous water pollutants.

One of the unique recreational and environmental assets other than the coastal environs within the City of Brigantine is the golf course area established during the initial development of the island. This course is the only such recreational feature on any barrier island along the New Jersey shore.

The existence of a recognized 18-hole regulation golf course adds not only to the recreational opportunities of the residents of the City, but is a vital element of the total open space available for the visual enjoyment of those residents adjoining the facility.

Such a golf course, by its open and spacious nature, offers a counterbalance to the residential densities of the City.

The long-range impact of establishing and maintaining an uplands recreational facility with substantial contiguous open space is in the best interest of the residents of the City of Brigantine.

Sand fencing placed to encourage the accumulation of sand and enhance the growth of the dune system.

Temporary or seasonal structures utilized by lifesaving personnel.

Raised walkways designed to allow pedestrian access to the beach, while protecting the dune system from damage due to pedestrian travel.

Protective fencing placed to control access to endangered species, such as the least tern.

Signs as permitted in § 198-114.

Access to the beach shall be along and within designated beach accessways as shown on the Brigantine Beach Access Plan, such as street ends or properly constructed and permitted walkways.

No access shall be constructed by a private owner without a permit as required in Subsection E.

No access across the dune systems located between the ocean and the development restriction line shall be restricted or denied from the reasonable and safe use, as permitted by the governing body, of the general public.

All beach accessways shall be linear and direct pedestrian movements from the uplands to the beach without unnecessary or uncontrolled movements from the accessway.

Commercial and multifamily developments adjacent to the beach and dune system shall be encouraged to construct beach accessways for the use of the general public in accordance with the intent of this section.

The development of beach access structures which protect the dune fields, as well as natural and artificial means used to stabilize said dune fields, is hereby encouraged by this chapter.

In addition to those beach accessways shown in the Beach Access Plan, the City of Brigantine may, from time to time, require and request the development of additional beach access structures.

In any development application, the Planning Board shall require that persons seeking to develop property adjacent to dunes in the Conservation District for either multifamily or commercial uses erect beach accessways at the sole cost and expense of the applicant. Any application for development or subdivision shall include as part of said application a legal description and plot plan showing the development restriction line. No development shall be permitted beyond said line.

Beach accessways will be constructed in such a manner as to protect the right of public access to the beach and shore front.

In cases where the most appropriate accessway is determined to be at or originating from a street end, the Planning Board and/or City shall require that the applicant erect, own and maintain such accessways on an easement and under a declaration of covenants and restrictions agreed to by the applicant and the City.

In the case of single lots for development of single-family dwellings, the Construction Official shall refer the applicant to the governing body for determination as to whether the erection of any beach accessway should be required.

The name and address of applicant.

The location of site and boundaries of the sand to be removed.

The nature and purpose of the proposed activity.

A description of the methods by which the applicant intends to move or displace the sand, including a listing and description of the equipment, machinery or any other apparatus to be used.

An estimate of the volume of sand, expressed in cubic yards, to be moved or displaced.

A topographic survey, prepared by a professional land surveyor, showing the existing conditions of the site.

A grading plan, prepared by a professional engineer, showing the proposed grades and contours of the site upon completion of the proposed project.

A delineation of the methods of stabilization to be used during construction, including a construction timetable.

Any reasonable information that may be required by the Municipal Engineer in order to fully review the application.

The permit fee as required in § 198-17.

No permit in the C-1 District shall be issued without a determination by the Municipal Engineer, based on an inspection of the site, that such removal or displacement of sand shall not create a danger or hazard to the property or the general public.

No permit shall be granted if the movement or displacement of sand will:

The applicant or the applicant's contractor shall, in the process of performing work on the dune, maintain the elevation of the dune as established by the Municipal Engineer.

The applicant shall be required to preserve all existing dune grass during the course of any construction work, removal or displacement of sand within the dune field. The reestablishment or transplanting of dune grasses shall be American beach grass and such dune grass shall be planted in conformance with the current standards of the United States Department of Agriculture Soil Conservation Service. Reference is made to Technical Note NJ-25, Guide for Dune\Protection, New Jersey dated October 1978.

The applicant shall place a one-inch mat of salt hay over the entire area of the portion of the dune which has been disturbed during construction.

The applicant shall preserve all existing dune grass during the course of any construction, removal or displacement of sand within the dune field. The reestablishment or transplanting of dune grasses shall be required in all disturbed areas.

Where, by the action of high winds and/or tides, sand is blown or washed upon the lands, including street ends, lying westwardly from the dune line, such sand shall be placed only on the back-beach area.

It is required, in addition to the planting of dune grass, that the applicant shall install sand fencing. Said fencing shall be set in a parallel row or rows in the backshore area and along the fore dune according to the specification of the City Engineer.

The applicant shall notify the Municipal Engineer 72 hours prior to the start of construction or work.

Each application for a permit to move or displace sand in the C-1 Zone District shall be accompanied by the fees as specified in § 198-17 of this chapter. This shall include both an inspection fee for the City Engineer and legal fees.

The applicant shall be responsible for retention and payment to the professional engineer for the filing and preparation of an application for a permit.

A cash bond of not less than $1,000 shall be deposited by the applicant at the time of the issuance of the permit. The actual amount of said bond shall be determined by the Municipal Engineer, based on the scope of the work.

The bond shall be refunded upon the Municipal Engineer's approval of the work which has been done. If the work has not been in compliance with the specifications contained in Subsection H herein, the City shall have the right to have the work done as so required, charging the cost thereof against the bond. Any portion of the deposit remaining unused for such purpose shall be returned to the applicant. No interest shall accrue on funds deposited as a performance guaranty.

All permits to move or displace sand in the C-1 Zone District shall be issued by the City government of the City of Brigantine, in the form of a resolution, for temporary activities on City-owned properties, or in the form of ordinance, granting an easement over City-owned properties for permanent activities.

Permits shall be issued by resolution, on privately owned properties, within the area delineated by the Dune and Shoreline Management Plan only for those activities permitted by this chapter.

The Dune and Shoreline Management Plan as set forth and delineated in Section III of the Dune and Shoreline Management Plan prepared for the City of Brigantine by Pennoni Associates, Inc., consisting of an index map and 16 pages dated June 24, 1981, and revised August 12, 1981.

The Beach Access Plan prepared by Pennoni Associates, Inc., consisting of 16 pages dated August 14, 1981, all of which are considered to be supplemental to the Official Zoning Map and Tax Map, previously adopted by the City Council.

Golf course.

Municipal facilities deemed necessary and appropriate by the governing body.

Restaurants and bars only as an integral part of the country club use.