§ 4.04.010. Beach protection/bulkheads.

A.

Preamble. Certain portions of the beachfront and strand bordering on the Atlantic Ocean the entire length of the oceanfront from the center line of 3rd Street to the centerline of 31st Street, inclusive, and those portions of the beachfront and strand being the boundary lines of the borough of Ship Bottom, New Jersey, have in the past severely suffered from damage caused by storm tides and storms, at which time the sea has encroached upon the land and caused serious damage to public and private property and endangered the safety and welfare of the public at large; and

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

The erosion of the beachfront during the storms of March 6 and 7, 1962, and December 11, 1992 created an immediate and imminent threat and danger to life of persons and property in the borough by reason of the destruction of sand barriers which protect the borough's oceanfront; and

The interference with or the depletion of the beach and sand dunes tends to more easily permit encroachment by the sea, and in the opinion of the mayor and council of the borough, the conditions stated 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 borough;

The governing body of the borough of Ship Bottom adopts the following provisions for the protection of the beachfront and strand bordering on the oceanfront of the borough pursuant to N.J.S.A. 40A:60-1, et seq., and R.S. 40:48-1, 2.

B.

Definitions. For the purpose of this chapter unless the text indicates otherwise, the following words and terms shall have the meanings given in this subsection.

"Beach" means the zone of unconsolidated material that extends landward from the low water line to the place where there is marked change in material or physiographic form, i.e., dune or bulkhead.

"Beach dune area" means the district set off by this chapter to include all areas bounded on the southeasterly side by the Atlantic Ocean and on the northwesterly side by a line parallel width of one hundred fifty (150) feet northwesterly from the oceanfront building line or by the nearest north-south street, whichever is the lesser distance.

"Bulkhead line" means a line established by the borough engineer as shown on maps of the borough and on file as public record in the office of the borough clerk; such line running parallel with and twenty (20) feet eastwardly from the oceanfront building line.

"Dune" means a hill of sand accumulated along the beachfront, usually by natural means. It shall extend from the crest of the hill to the line where the normal leeward slope interacts the established grade of the hinterland.

"Dune area" means the area actually or normally occupied by dunes, whether natural dunes or manmade dunes. For the purpose of this chapter, it shall be construed to include its actual dimensions, but not less than a minimum of fourteen (14) feet elevation above mean sea level at the bulkhead line and a minimum of sixteen (16) feet elevation above mean sea level at the oceanfront building line.

"Oceanfront building line" means a line established by the borough engineer and shown on the maps of the borough on file as public records in the office of the borough clerk, which shall mark the easterly limits of any permissible building construction.

Slope, Leeward. "Leeward slope" means the face or surface of the dune going from its crest away from the ocean.

"Strand" means that area which extends landward from the low water line to the dune line, being the same area defined above as "Beach."

C.

Construction.

1.

Construction Prohibited. Construction of any type, southeastwardly of the oceanfront building line, except protective works approved and/or undertaken by the borough, county, state or federal governments is prohibited.

2.

Construction Permitted. Construction is permitted in the remainder of the beach dune area subject to the provisions of this chapter and subject to the following restrictions and regulations:

a.

No dwellings or any part of such dwellings shall be constructed eastwardly of the oceanfront building line. Every application for a building permit for construction within one hundred (100) feet of the oceanfront building line shall be accompanied by a plot plan prepared by a licensed engineer or surveyor showing the oceanfront building line, bulkhead line, placement and elevation of the proposed structure and all existing grades.

b.

All construction in this area must maintain the minimum grades and elevations as set forth in the definition of the dune in subsection B of this section. In addition, such construction shall be accompanied by minimum elevations which will maintain a straight decline westerly from the oceanfront building line to the existing elevation of the westerly adjacent graded lot or street as the case may be; where no street or graded lot exists within one hundred fifty (150) feet of the building line, the decline shall be to a minimum of twelve (12) feet elevation above mean sea level along a line one hundred (100) feet westerly from the oceanfront building line and parallel with such line.

c.

Excavation for purpose of placement of piling during construction is permitted, provided it is not greater than a depth of ten (10) feet above mean sea level, and provided further, that such excavation shall not remain open longer than one (1) week.

d.

A bulkhead designed to replace or supplement the dunes is permitted, provided that before any permit is issued or may be effective for the construction of any such bulkhead, it shall be demonstrated by competent engineering studies and design that such bulkhead will:

i.

Be located in accordance with the bulkhead line as defined in this chapter;

ii.

Create, increase or prolong no condition likely to be detrimental to the maintenance of an adequate dune area;

iii.

Conform adequately with the overall beach protection plans of the borough and the Bureau of Navigation;

iv.

Be constructed in accordance with accepted engineering standards as applied to all of the circumstances.

D.

Permits Required.

1.

Bulkhead Construction. The construction of a bulkhead shall be allowed to replace or supplement dunes as described in this section upon the granting of a permit which shall be issued only if all water permits are obtained from the borough and it is demonstrated by competent engineering studies and design that such construction will be in accordance with the following provisions:

a.

Will provide in every respect as much protection as the dunes intended to be in such area would maintain;

b.

Would not create, increase or prolong any conditions likely to be detrimental to the maintenance of an adequate dune line;

c.

Will conform with the overall beach protection plans of the borough, the bureau of navigation and the United States Army Corps of Engineers;

d.

Be constructed in accordance with accepted engineering standards.

2.

Beach Front Bulkheading. All timber piles, sheet piles, wales and other timber utilized in the bulkhead construction shall be treated in accordance with the Specifications of the American Wood Code, Appendix A; the Standard Building Code, Appendix C; and the Uniform Construction Code, Standard 2512. Treatment with CCA Type A shall be two and one-half (2 1/2) pounds per cubic foot for timber piles, sheet piles and wales and one (1) pound per cubic foot for anchor piles and drag. All sheathing shall be twenty (20) feet in length by two (2) inches by eight (8) inch, T & G and back up with sheathing sixteen (16) feet in length by two (2) inch by eight (8) inch, T & G. If single sheathing is to be used the length shall be twenty (20) feet by three (3) inch by eight (8) inch T & G. Three (3) six (6) inch by six (6) inch wales running horizontal to sheathing with two (2) top wales size four (4) inch by six (6) inch running directly in back of the sheathing and bolted through to the front wales with three-quarter (3/4) inch hot-dipped galvanized bolts. This fastening will take place at every piling. The piling shall not be less than thirty (30) feet in length with a minimum top butt of twelve (12) inches. Piling shall be placed on not less than four (4) feet centers. All tie rods shall be not less than three-quarter (3/4) inches in diameter, and not less than sixteen (16) feet in length. All rods, bolts, and other fastening materials shall be hot-dipped galvanized. All anchor pilings or key logs shall be not less than twelve (12) feet in length with butts not less than ten (10) inches in diameter. Lines and grades of bulkheads shall be set by the borough engineer.

3.

Bay Front Bulkheading. All timber piles, sheet piles, wales and other timber utilized in the bulkhead construction shall be treated in accordance with the Specifications of the American Wood Code, Appendix A; the Standard Building Code, Appendix C; and the Uniform Construction Code, Standard 2512. Treatment with CCA Type A shall be two and one-half (2 1/2) pounds per cubic foot for timber piles, sheet piles and wales and one (1) pound per cubic foot for anchor piles and drag. All sheathing shall be sixteen (16) feet in length by two (2) inch by eight (8) inch, T & G. Two (2) six (6) inch by six (6) inch wales running horizontal to sheathing and bolted through to the front wales with three-quarter (3/4) inch hot-dipped galvanized bolts. This fastening will take place at every piling. The piling shall be not less than twenty (20) feet in length with a minimum top butt of ten (10) inches. Piling shall be placed on not less than five (5) feet centers. All tie rods shall be not less than three-quarter (3/4) inches in diameter, and not less than sixteen (16) feet in length. All rods, bolts and other fastening materials shall be hot-dipped galvanized. All anchor pilings or key logs shall be not less than twelve (12) feet in length with butts of not less than eight (8) inches in diameter.

4.

Lagoon Bulkheading. All timber piles, sheet piles, wales and other timber utilized in the bulkhead construction shall be treated in accordance with the Specifications of the American Wood Code, Appendix A; the Standard Building Code, Appendix C; and the Uniform Construction Code, Standard 25-12. Treatment with CCA Type A shall be two and one-half (2 1/2) pounds per cubic foot for timber piles, sheet piles and wales and one (1) pound per cubic foot for anchor piles and drag. All sheathing shall be fourteen (14) feet in length by two (2) inch by eight (8) inch T & G. Two (2) six (6) inch by six (6) inch wales running horizontal to sheathing and bolted through to the front with three-quarter (3/4) inch hot-dipped galvanized bolts. This fastening will take place at every piling. The piling shall be not less than eighteen (18) feet in length with a minimum top butt of eight (8) inches. Piling shall be placed on not less than five (5) feet centers. All tie rods shall be not less than three-quarter (3/4) inch diameter, and not less than sixteen (16) feet in length. All rods, bolts and other fastening materials shall be hot-dipped galvanized. All anchor pilings or key logs shall be of not less than twelve (12) feet in length with butts of not less than eight (8) inches in diameter.

5.

Substitution for Timber Bulkhead Materials. Whenever timber bulkhead materials are referenced within this chapter, it is to be understood that the reference is for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function may be considered. If, in the opinion of the borough engineer, such material is of equal substance and function to the specified, the borough engineer may approve its substitution and use.

6.

Minimum Elevation Top of Bulkhead Top Wale. As used in this chapter, "mean sea level" is that elevation established by the U.S. Coast and Geodetic Survey at Sandy Hook. The elevation of oceanfront bulkhead shall be fourteen (14) feet above mean sea level. The elevation of bay front and lagoon front bulkhead shall be five (5) feet above mean sea level. It is suggested that in those cases where difficulty in connection with construction arises, the borough engineer should be consulted.

7.

Removal of Sand From Personal Properties. Where, by act of high winds and/or tides, sand is blown or washed upon lands, including street ends lying westwardly from the dune area, such sand shall not be removed from such lands unless a permit has been issued for such removal by the borough governing body pursuant to an application containing the following information:

a.

Name and address of the applicant;

b.

Location of sand to be moved or displaced;

c.

The nature and purpose of the proposed moving or displacement;

d.

Proposed method by which the applicant desires to move or displace the sand, in eluding a description of the equipment, machinery or other apparatus to be used;

e.

Estimate in terms of cubic yards as to the quantity of sand to be moved or displaced; and

f.

Such other information as may be required by the mayor and borough council.

No such permit shall be issued without a determination by the mayor and borough council that such removal will not create or increase a danger or hazard to life or property.

8.

Fee for Permit. A permit from the borough shall be required for any removal of soil from, or construction on, the beach dune area. When a permit is sought for soil removal only and no construction is proposed, the cost for the permit shall be fifty dollars ($50.00). However, when a permit is sought for any construction of any type, the cost for the permit shall be one hundred fifty dollars ($150.00); except that the fee for a permit for bulkhead construction shall be four dollars ($4.00) per linear foot. The cost of any such permit shall be in addition to the applicable fee for a building permit issued by the building inspector.

E.

Regulations. To further protect the beach dune area of the borough as defined in this chapter, the following regulations are established:

1.

No person shall remove, cart away or redistribute sand, or cause the removal, caring away or redistribution of sand, by any mechanical or other means from the strand, beach, dune line or beach dune area of the borough.

2.

Except for the purposes noted and referenced in subsection (E)(4) of this section, no person shall use or occupy the beach or beach dune areas of the borough except for the removal of trash and the planting of dune grass.

3.

No persons shall at any time remove, cut, burn or destroy any snow fence or vegetation placed upon the dunes of the borough. If, for any reason, the owner of the lot or parcel of land upon which the snow fence or vegetation and dune are located, removes, cuts, burns or destroys the vegetation or snow fence on the sand dune, or causes the same to be removed, cut, burned or destroyed, the borough, at the owner's expense, shall replace the snow fence or replant the dune vegetation in order to preserve the integrity of the entire dune area.

4.

Nothing contained in this subsection shall be construed to prevent or prohibit the use of the beach of the borough for recreational purposes, subject to express regulations as provided in this chapter.

5.

The borough will locate, erect and maintain snow fencing on the dune area and/or will plant additional vegetation as it deems fit.

F.

Administration.

1.

The borough engineer shall plot the bulkhead line and the oceanfront building line, as defined in this chapter, upon the tax maps of the borough. The tax maps shall be on file in the office of the borough clerk and available for inspection.

2.

The bulkhead line and the oceanfront building line shall be included in all tax maps and zoning maps of this borough published following the effective date of this amendment.

3.

A copy of this chapter shall be available to each applicant for a building permit to effect any construction within the beach-dune areas of the borough.

4.

The code enforcement officer, zoning officer and/or the police department is designated as the person(s) responsible for the enforcement of this chapter.

G.

Time Limitation. Work to be performed under the terms of this chapter shall be permitted during the period of October 15th through May 15th of each year, such date to be inclusive.

(Ord. No. 2018-12, § 1, 11-7-2018)