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Union Beach City Zoning Code

§ 13-8.36

Dune Crossovers.

[Added 4-18-2024 by Ord. No. 2024-336]
a. 
In granting Storm Damage Reduction Easements for the construction of the Union Beach Coastal Storm Risk Management Project, the right to construct a private dune crossover was reserved for the following residential parcels:
1. 
Block 1 Lot 1.
2. 
Block 1 Lot 2.
3. 
Block 1 Lots 3 & 4.
4. 
Block 1 Lot 5.
5. 
Block 1 Lot 6.
6. 
Block 1 Lots 7 & 8.
7. 
Block 1 Lot 9.
8. 
Block 1 Lot 10.
9. 
Block 29 Lots 11 thru 13.
10. 
Block 29 Lot 14.01.
11. 
Block 251 Lot 2.01.
Such crossovers are to be considered subordinate to the construction, operation, maintenance, repair, rehabilitation, and replacement of the engineered dune.
Construction of a crossover on these parcels is subject to the following:
b. 
Only one crossover or walkway across the dune area is permitted for each parcel. It shall run, generally, the shortest practical course between the landward edge or toe of the dune and the bayward edge or toe of the dune, and shall not exceed four feet in width. The surface of the crossover is to remain the natural composition of the dune, a NJDOT non-angular mix 1-5 soil aggregate or roll-out beach mat. The crossover shall be fenced on both sides through the use of sand fencing and connect with the existing sand fence enveloping the dune. Any grading or excavation associated with the installation of the crossover shall not result in the lowering of the beach or dune design specifications. In the event that any crossover shall be or become, in the opinion of the Borough, a substantial detriment to the development and maintenance of the continuous protective dune, the owner of the premises shall be required to repair and/or replace approved materials sufficient to return the dune to its designed specifications.
c. 
The removal of natural or planted vegetation and/or sand fence in the dune area is allowable to the minimum extent necessary for the construction of a crossover. Any vegetation or fencing that is damaged or removed outside of the authorized four-foot crossover area will be required to be replaced.
d. 
The removal and grading of sand from the beach area, dune area or areas south of the dune area is prohibited.
e. 
The length of the crossover is strictly confined to the area between the landward edge or toe of the dune and the bayward edge or toe of the dune generally defined by the location of existing sand fencing. As the crossovers can be constructed as private for each parcel, gates are allowed at each end of the crossover.
f. 
A permit application, with the appropriate fee, must be submitted. An approval of the plans and specifications by the Borough's administrative officer must be granted before construction can begin. Upon completion of the construction, a final inspection will be performed by the Construction Official to confirm compliance with the approved plans.
g. 
Any person violating any of the provisions of this subsection, or any rule or regulation promulgated pursuant hereto, shall be subject to fines and penalties as follows:
1. 
Fines. Any person who is convicted of a violation of this subsection shall be subject to a fine not to exceed $2,000 and/or a term of imprisonment not to exceed 90 days or a period of community service not exceeding 90 days, or both.
2. 
Restitution. In addition to the penalties imposed pursuant to paragraph 1 above, any person may be directed by the municipal court or any court of competent jurisdiction to pay to the Borough the cost of the repair, replacement or restoration of any damaged park property.
3. 
Each day that a violation shall continue to exist shall constitute a separate offense.