Assessment of dune and shore protection ordinances in New Jersey

[From the U.S. Government Printing Office, www.gpo.gov]

Assessment of Dune and Shore
Protection Ordinances in New Jersey

Presented to Governor Thomas H. Kean and
the Members of the New Jersey Legislature

KFN2251.8
.A83
1984

New Jersey Department of Environmental Protection Division of Coastal Resources

Assessment of Dune and Shore
Protection Ordinances in New Jersey

Presented to Governor Thomas H. Kean
and the members of the New Jersey Legislature

by
Department of Environmental Protection
Division of Coastal Resources

US Department of Commerce
NOAA Coastal services Center Library
2234 South Hobson Avenue
Charleston, SC 29405-2413

December, 1984

bo
;0

Executive Summary

This report is the Department of Environmental Protection's response to
a provision of the first appropriations bill enacted under the Shore Protec-
tion Bond Act of 1983. The Legislature requested an assessment of dune
protection in New Jersey, in response to observations made after the March
28-29, 1984 storm which indicated that shorefront areas behind sand dunes
seemed to experience significantly less damage then other shorefront areas.

The New Jersey shore has been lucky. The 1984 storm, like storms in
1978 and 1980, was only one or two high tides away from causing damage,-as
severe as was experienced in the last major coastal storm in 1962. While
the damage from the March 1984 storm is still visible in some areas, it did
not have an appreciable effect on coastal tourism this past summer.

This report describes the state, federal and municipal laws and the
natural shorefront processes that affect the ocean shorefront. Since dune
protection in New Jersey is almost entirely a municipal responsibility, the
second major section of the report analyzes the language and effectiveness
of the current municipal dune ordinances. The report then offers conclu-
sions and recommendations.

In brief, the report concludes that State expenditures for shore
protection will be most cost effective if they coincide with active programs
to sensitively protect, and where necessary, create dunes. The report
further concludes that most current dune ordinances are inadequate to this
task. As a- result, the report recommends that future shore protection
expenditures by the State be conditioned 'upon municipal adoption and en-
forcement of an effective dune management program. The report also recom-
mends that the Legislature develop a long term stable source of funding for
shore protection.

Lastly, the report includes a dune ordinance adopted by the Borough of
Mantoloking which can serve as a good model for other municipalities.

Table of Contents

Page

EXECUTIVE SUMMARY

BACKGROUND

Legislative History

Definitions and Processes 4

ANALYSIS OF MUNICIPAL DUNE ORDINANCES 9

Conclusions 15

RECOMMENDATIONS 16

Administrative 16

Legislative 17

References Cited 18

Appendix A: Borough of Mantoloking's Dune Ordinance (#226) 20

List of Figures and Tables

PAGE

Figure 1. Features and cross section of a typical New Jersey 4a
beach-dune system showing improper orientation of
street end path (See Figure 4).

Figure 2. Response of natural and developed coasts to 5a
landward migration of-the beach-dune system.

Figure 3. Formation and growth of scarp by grazing-swash 6a
undercutting a) initial scarp formation;
b) growth of scarp.

Table 1. Municipalities belonging to National Flood 9
Insurance Program and status of dune ordinances.

Figure 4. Recommended protective angled streetend pathway. 13a

BACKGROUND

New Jersey's ocean shoreline is frequently cited as the best (or worst)
example of an "over-engineered" coastline. It certainly embodies the
classic confrontation between a migrating shoreline and a fixed line of
development. The intensity of this development has not, however, erased all
signs of a natural shoreline. All four coastal counties (Monmouth, Ocean,
Atlantic and Cape May) have communities in which dunes and some dune. fields
can be f ound. Although these dunes are., without exception, "man-modified"
(i.e. they-no longer have the width, profile and energy absorbing capacity
of natural dunes), they do offer varying degrees of protection from coastal
storms.

As a result of the March 28-29, 1984 northeast storm, the beaches and
dunes along the New Jersey Coast were severely eroded. This erosion,
combined with serious flooding in North Jersey, resulted in a Presidential
Disaster Declaration on April 12, 1984. Consideration by the Legislature of
the first appropriation under the Shore Protection Bond Act of 1983 led to
passage of an amendment requiring the Department of Environmental Protection
(DEP) to submit a report to the Legislature and the Governor detailing

...the adequacy of existing municipal dune and shorefront
protection ordinances and the pattern of enforcement of those
ordinances. This report shall also include an assessment of
the degree to which these ordinances succeeded in minimizing
the damages suffered due to the storm of March 29, 1984 and
recommendations for 'administration and legislative actions
necessary to minimize public expenditure for storm damage.

This report is the DEP's response to that legislative charge.

Legislative History

The regulation and protection of sand dunes is a matter of local
regulation in New Jersey unless a development is large enough to require a
permit from the State's Department of Environmental Protection un-der the
Coastal Area Facility Review Act (CAFRA) (N.J.S.A. 13:19-1 et seq.). Most
construction in or near dunes does not require a CAFRA permit, since
oceanfront development usually consists of single homes or small multi-unit
residences.

1 A CAFRA permit is required for residential developments of 25 or more
dwelling units, and for some industrial, commercial and public facility
development.

Most local dune ordinances were first passed by coastal communities
after the devastating March 1962 northeast storm destroyed almost every dune
in New Jersey. Federal, state and local governments spent weeks and months
rebuilding dunes, and protective ordinances were passed to preserve these
newly created features. Presently, about 20 towns have special dune ordi-
nances (see Table 1 page 9). Some communities have passed subsequent
ordinances strengthening their initial ordinances, while others have not.
An assessment of the provisions of these ordinances is presented beginning
on page 9.

In addition to dune ordinances, most coastal communities have also
adopted ordinances which are designed to meet the minimum land management
criteria of the National Flood Insurance Program (NFIP). The NFIP allows
property owners in flood-prone areas to purchase f ederally- subsidized flood
insurance. This insurance was generally unavailable prior to passage of the
National Flood Insurance Act in 1968 (P.L. 90-448). Eligibility for the
purchase of federally-subsidized insurance is determined on a community-wide
basis, and as part of its application, a community must demonstrate that it
has adopted floodplain management regulations which satisfy the minimum land
use criteria set forth in the Federal Emergency Management Agency's (FEMA)
regulations (44 CFR 60.3, "Criteria for Land Management and Use").

These Federal criteria were substantially revised in December, 1976,
and participating communities were given until February 1, 1978 to bring
their floodplain ordinances into compliance. The amended regulations
included a new provision, 44 CFR 60.3(e)(8), which required that
communities:

prohibit man-made alteration of sand dunes ... [within the coastal high
hazard area] which would increase potential flood damage.

Most coa9tal communities responded by adopting almost verbatim a model
ordinance recommend by FEMA (U.S. HUD, 1978). Both the model ordinance and
the adopted local versions incorporated the exact language of Section
60.3(e)(8).

Subsequent to the passage and adoptions of the initial NFIP regulations
in 1978 and in response to the trio of damaging northeast storms during the
1977-1978 winter, FEMA began revising their Flood Insurance Rate Maps (FIRM)
to include results of wave height studies. Initially, FIRMs were produced
showing only the still water storm surge elevation and FEMA considered these
minimum elevations. Since there was a pronounced tendency for buildings to
be constructed only to meet these minimum standards without regard to
additional hazards due to storm wave height, FEMA adopted recommendations
developed by the National Academy of Sciences (1977) that included predic-
tion of wave heights. This methodology enabled estimated wave crest eleva-
tions to be substituted as the minimum base flood elevations on the revised
FIRMS. Currefitly, 59 New Jersey coastal communities have had their FIRMS
revised to include the results of wave height analysis.

Besides the more recent regulatory jurisdiction under CAFRA, since
1940) DEP has had the authority to engage in shore protection work.
N.J.S.A. 12:6A-1 passed in 1940, authorized the Department to:

... repair, reconstruct, or construct bulkheads, seawalls, breakwaters,
groins, jetties, beachfills, dunes and any or all appurtenant struc-
tures and work, on any and every shore front along the Atlantic Ocean,
in the State of New Jersey, or arty shore front along the Delaw 'are Bay
and Delaware River, Raritan Bay, Barnegat Bay, Sandy Hook Bay,
Shrewsbury River including Navesink River, Shark River, and the coastal
inland waterways extending southerly from Manasquan Inlet to Cape May
Harbor, or at any inlet, estuary or tributary waterway along the shores
of the State of New Jersey, to prevent or repair damage caused by
erosion and storm, or to prevent erosion of the shores and to stabilize
the inlets or estuaries and to undertake any and all actions and work
essential to the execution of this authorization and the powers granted
hereby.

With the passage of the Beaches and Harbor Bond Act of 1977 that made
available $20 million for shore protection, the Department authorized the
development and publication of the N w Jersey Shore Protection Master Plan
(1981). This Plan was intended to represent a more cohesive, comprehensive
and cost beneficial approach to the problem of shore protection for use by
not only the State, but also other levels of government. An important
aspect of the Plan is its encouragement of as many non-structural approaches
to shore protection as possible. Therefore, beachfills with attendant dune
creation have been stressed over the construction of groins, revetments, and
seawalls. To date, of the six highest priority major projects of the Plan,
three are either presently underway or completed and three are in active
planning stages for implementation in the next two years.

Partially as a result of the severe winter of 1977 and 1978, particu-
larly the severe damage from the northeast storm of February 5-8, 1978 which
led then Governor Byrne to request approximately $15 million in federal
disaster relief, attention was focused on the desirability of dune preserva-
tion. This led DEP to prepare an option and background paper on the ration-
ale for dune management (Kinsey and Wiener, 1979), and to commission a
report from the Rutger's Center for Coastal and Environmental Studies,
entitled Coastal Dunes: Their Function, Delineation and Management by Gares
et al. (1979). These studies culminated in the introduction of Assembly
Bill 1825 in June, 1980 entitled the "Dune and Shorefront Protection Act".
This bill was withdrawn a short time later mainly due to controversy regard-
ing a provision that would have both prohibited the reconstruction of
buildings more than 50 percent destroyed by a storm without compensation to
the land owner (Sec. 7.6.). Several less far reaching dune protection bills
have been introduced since then (A-2228, Nov. 1980; A-2262, Dec. 1980; and
A-47, April, 1984), but they have to date attracted little legislative or
public interest.

Definitions and Processes

The DEP has adopted a definition of a dune which is included in the
Coastal Resource and Development Policies (N.J.A.C. 7:7E-1.1 et seq.) used
to administer CAFRA and the Shore Protection Program:

A dune is a wind or wave deposited or man-made formation of vegetated
or drifting wind blown sand, that lies 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. "Dune" includes the foredune,
secondary and tertiary dune ridges, as well as man-made dikes, where
they exist. Formations of sand immediately adjacent to beaches that
are stabilized by retaining structures, and or snow fences, planted
vegetation, and 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. A small mound of loose, wind blown sand
f ound in a street or on a part of a structure as a result of storm
activity is not considered to be a "dune". (Figure 1).

The underlined phrases above are clarifying amendments now under considera-
tion by DEP to include emergency. gravel core dunes in the definition to
insure their continued protection as a regulated feature. After the 1962
storm, the Army Corps of Engineers constructed "dunes" in some areas that
were particularly heavily eroded and were in danger of subsequent damage if
other storms had come.

The sentence that included the phrases "formations of sand... that are
stabilized by retaining structures, or snow fences, planted vegetation, and
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"..was included to acknowledge the degree of migration and change
that the dune form can undergo through time. This also includes the real-
ization that most unregulated development along the coast has not respected
the presence of the whole dune form, not only the secondary or tertiary dune
lines where they existed, but also the landward sloping backside of the
primary dune. This latter area has been heavily encroached upon all along
the coast.

There are many reasons that dunes are such important natural features
worthy of protection. The main reason is their presence as natural func-
tioning flood protection devices during storms. A feature that grows, with
either little or no human encouragement, or at no or very little expense, to
provide an extraordinary level of flood protection is something that should
be understood, appreciated, and nurtured by the coastal population. Associ-
ated with this built-in flood protection, dunes are storage areas of sand
that can be naturally released during storms to insure the rebuilding of
post-storm beaches and dunes. Essentially, dunes function similarly in the
natural, setting as car bumpers do on an automobile, absorbing the initial
shock of a collision (storm), thus protecting the vehicle (coast) from more
extensive damage. Other benefits of dunes are their aesthetic qualities and
the provision of wildlife habitat.

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In undeveloped areas, dunes will grow, become vegetated, and migrate in
response to winds, storms, various climatic factors, and sea level fluctua-
tions. The naturally functioning beach and dune system maintains an equi-
librium with its surrounding environment as conditions change with time.
The rhythm of this naturally functioning equilibrium is not critical to most
people since they are not affected by it.

In developed areas, however, with bomes and other fixed structures
close by, storm damage and its repair can be finitely watched and measured.
When there is a loss of beach and dune due to a storm, there is a great rush
to "repair" these features. Often money is quickly spent tb return the
beach and dune profile to its previous outline from the top down: without
allowing the natural processes to repair the damage from the bottom up.
This essentially cosmetic approach to storm repair ultimately leads to a
further weakening of the system And consequent increased erosion.

The four necessary ingredients for dune growth and migration are: 1)
space for dune and beach development, 2) sediment source, 3) wind and 4)
proper vegetation. Much technical literature is available for in-depth
analysis of each of these factors and for the design of dune protection
programs. A short discussion of each follows that includes only those
salient features necessary to explain various provisions of the dune ordi-
nance analysis.

Dunes will only form landward of the spring high tide line of a beach.
Spring high tides occur twice a month at the time of full and new moon, and
are the highest tides of, the month. However, on most New Jersey beaches
where there are 'dunes, they will be found landward of the 'storm high tide
level, due to the fact that 1) the state's coastline is undergoing steady
erosion and 2) our storm frequency is high enough to keep eroding the
seaward side of the dune. New Jersey's erosion problem is caused by the
lack of new sediment entering the system due to past and continuing sea
level rise, armoring the would-be source of beach sediment by bulkheads and
seawalls along the coast, and numerous jetties and groins that force sedi-
ment offshore into deeper water and out of the beach-dune system.

Because New Jersey has so much development close to the ocean, as sea
level rises and erosion continues, beaches continue to narrow. In natural
areas, by contrast, the winds and waves would move the beach and dune system
landward and upwards as the sea level rises. Therefore, the beach and dune
system would keep its same width and depth, but its whole position would be
translated landward (Figure 2).

Obviously, a narrowing beach-dune system adjacent to development does
not provide enough space for dunes to grow and function as a protective
feature. Eventually the dune as well as the beach will disappear under
these circumstances. The Sea Bright-Monmouth Beach seawalled area is the
most extreme example' of this scenario, with the ocean waves often slopping
over the seawall onto the adjacent State Highway. Parts of Cape May, Ocean
City, and Sea Isle City are examples of narrowing beaches with no dunes.
Acknowledging the space requirement for effective dunes, the U.S. Soil

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Conservation Service has indicated that they will not participate in any
dune building programs unless the beach is at least 100 feet wide from the
mean high water line to the seaward side of the dune (USDA-SCS, 1978).

One of the most destructive processes to beaches and dunes, particular-
ly on developed coasts, is called "grazing-swash undercutting" or GSU
(Baumgaertner, 1975). This process, occurring during significant northeast
storms, is responsible for major beach and dune erosion by the creation of
scarps (cliffs). This was the process responsible for the major beach and
dune erosion from the March 1984 storm 'as well as the storms of December
1980, December 1977-February 1978, and December 1974. The dune scarps
caused by the 1977-1978 winter storms are still visible in many places alohg
the coast, evidence of the inadequacy of many municipalities' dune building
practices. The March 1984 storm, in some places, cut landward of the 1978
scarps.

The process of scarping occurs when the storm waves begin to refract
(bend) on the forebeach and run parallel down the beach thus forming a small
scarp (Figure 3A). When this process begins on a rising tide, the scarping
process continues landward until the highest point of the tide is reached
(Figure 3B). As the tide ebbs, the process is arrested. If the storm
continues through another tidal cycle, the scarping process resumes and
continues further landward, consuming as much of the remaining beach and
dunes as time allows. In South Carolina, for example, approximately 5 cubic
yards/foot of beach was lost in one 6-hour period (Kana, 1976). This was
the scenario of the March 28-29, 1984 storm in New Jersey. The second high
tide eroded not only the entire beach but also an average of 10-20 feet of
dunes throughout the coast. Fortunately, the storm surge passed before the
third high tide started preventing more serious breaching of dunes and
destruction of infrastructure and homes. Thus, three times in the last
seven years (1978, 1980, 1984), the New Jersey coast was one or two tides
away from destruction potentially as severe as the 1962 storm which lasted
for five high tides.

The reason this scarping process is particularly serious when it occurs
on a developed coast is not only because the backdune is prevented from
widening as discussed previously, but also because the vertical scarp is.so
difficult to repair, either naturally or artificially, because of the large
volume of sand that was removed. This is in contrast to the post-storm
beach building process which is quite rapid. Therefore, a zone of erosion
vulnerability remains in the backbeach - dune area until the scarp is
healed. Additional natural dune building landward of the scarp is also
suspended until a sufficient ramped dune toe returns that allows sand to
,travel up through the dune. Over time as the beach continues to narrow,
scarping becomes more frequent and the dune is continually narrowed.

On developed coasts, municipalities and private individuals often
attempt to rebuild dunes using a variety of methods with varying success
(Halsey, 19 '81). Often these methods are carried out too far seaward on the
beach in an attempt to mitigate for destruction of a natural dune where a

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house was constructed. Recent data suggest that this practice may throw the
dune system out of equilibrium with the beach, thus increasing the dune's
vulnerability to scarping by storm activity (Gares, 1983).

The second requirement for dune growth and migration is adequate source
of sediment. If there is sufficient sand in the backbeach area of the beach
above the fair weather high tide line, dunes can grow. However, as beach
width decreases, this source decreases.

In undeveloped beach-dune systems, there is an auxiliary source of
sediment for thd growth of the backsides of dunes. During storms, if
overwash occurs through dunes (Figure 1), offshore winds can act on thIs
loose sand blowing it seaward up onto the backside of the dune, thus adding
to the dune's growth. However, in developed areas, where structures and
development prevent overwash, except down streets where it is summarily
returned to the beach area by bulldozers, offshore winds do not have this
source upon which to act. Instead, strong offshore winds that blow seaward
around buildings or down streets lift sediment off dune crests or from
pathways, causing dune lowering instead of growth.

The third requirement for dune growth and migration is wind. Generally,
sand is transported by wind when the velocity exceeds 10 miles per hour.
The duration and directi-on of the wind are important components in dune
building. High wind speeds over a fairly long time (hours to days) are
necessary to move significant amounts of sand into or out of dunes. Since
New Jersey's coast is generally oriented north-south, the best dune building
winds are from the east quadrants: northeast, east or southeast. Northeast
storm winds are capable of moving sand into dunes if the beach or dunes are
not being destroyed by waves, or the associated rain or snow is sufficiently
intermittent to dry out the sand between periods of precipitation to allow
movement. The best winds for building dunes in New Jersey are "dry", high
velocity northeasters or southeasters (Halsey, 1981).

One of the reasons that sand (or snow) fencing is used so extensively
along New Jersey's coast is to "train" or entrap sand in the places where
sand is wanted. Since the sand fencing has a 50 percent porosity, sand
hitting the slats is temporarily stopped in its journey. This entrapment
has both good and bad aspects (Halsey, 1981). If fences are placed correct-
ly, dunes or scarps can be formed or healed quite quickly, and sand, headed
offshore from dune crests, can often be intercepted before it is lost. If
the fences are placed incorrectly, however, dunes are formed more seaward
than they should be, and scarps are not healed sufficiently to allow contin-
ued dune growth.

The importance of proper vegetation in dune building is becoming more
v7idely understood. The main dune building plant in New Jersey is the
American beachgrass Cape variety (Ammophila breviligulata). This plant
grows best where new sand is regularly added to the dune (Godfrey et al.,

1979). This important relationship is not yet understood by many munici-
palities and environmental groups who plant Ammophila everywhere on the dune
including the lee side or in areas that are shielded from new sand growth by
multiple layers of sand fencing.

The best method to form a new dune is to plant dune grass on the low
mound, in order that the dune and plants growup together and the roots knit
the entire dune together. Dunes with beachgrass roo 'ts that extend 'down to
the base of the dunes were observed to have been eroded less during the
March, .1984 storm (Halsey, pers. comm.). This is not to suggest that dunes
with new or replacement grass plants on top are totally ineffective, because
vegetation does help to capture windblown sand and stabilize the dune form.

One of the only drawbacks of Ammophila is its almost total intolerance
to human activity, particularly off-road vehicles (ORV'.s) and pedestrians
(Leatherman and Godfrey, 1979; Leatherman and Steimer, 1979). Even the
pressure of foot traffic will quickly cause breakage and churning up of the
roots, destabilization of the sand, and consequent weakening of the dune.
This is why DEP now recommends that public accessways, including street end
walk throughs, be constructed of elevated wooden walkways above dunes to
avoid this damage (Halsey, 1981).

ASSESSMENT OF DUNE AND SHOREFRONT PROTECTION ORDINANCES

Table 1 lists those shorefront municipalities below the Manasquan River
that are included in this report. In general, the Monmouth County munici-
palities have so little sand on their beaches, they presently have few
dunes. However, if enough beach nourishment were placed on the beaches to
allow dune growth, dune ordinances would then be warranted. Those towns
below the Manasquan that responded to the Division's inquiry are, listed
definitively, while others where information was not available in time for
this report are listed with a question mark. Since all the municipalities
are members of the National Flood Insurance Program, they have passed the
required federal land use provisions which also include minimal provisio'ns
for protection of sand dunes in the V-Zone.

When these ordinances are read, the first impression is that they all
contain very similar, specific restrictions about building in the legal
dune area, and are generally quite sound. Most of them, however, share a
major problem. The ordinances describe a fixed and static legally defined
line, such as a building line or dune area, that does not recognize future
beach erosion or past processes that may have caused the dunes to migrate
landward past the building line since the ordinance was adopted. The
consequence is that the ordinance does not prevent building in natural dune
areas which are landward of the building line. A second problem is that
municipalities often grant variances to their dune ordinances and allow
building in dune areas out of fear that they would otherwise have to buy the
lot.

Table 1

Member Additional
NFIP Dune Ordinance

Ocean County

Pt. Pleasant Beach Y Y

Bay Head Y N

Mantaloking Y Y

Brick Twp. Y ?

Dover Twp. (Normandy/Ortley) Y Y

Lavallette Y YA,

Seaside Heights Y

Seaside Park Y ?

Berkeley Twp. (S. Seaside Park) Y Y

Barnegat Light Y Y

Harvey Cedars Y Y

Table 1 (Con't)

Long Beach Twp. (4 sections) Y Y

Surf City Y Y

Ship Bottom Y Y

Beach Haven Y Y

Atlantic County

.Brigantine Y Y

Atlantic City Y N

Ventnor Y N

Margate Y N

Longport Y N

Cape May County

Ocean City Y Y

'Upper Twp. (Strathmere) Y Y

Sea Isle City Y Y

Avalon Y Y

Stone Harbor Y Y

North Wildwood Y Y

Wildwood Y ?

Wildwood Crest Y N

Cape May City Y N

Lower Twp. Y Y

Cape May Point Y Y

Key: Y=Yes; N=No
J.
@=First reading of ordinance has passed
?=Information unavailable

One of the most interesting cases arising from municipal failure to
revise building and dune lines is the Borough of Beach Haven, where as a
consequence of Spiegle vs. Beach Haven2 , the Borough's ordinances were
upheld in three of the four lots under litigation but the Borough was forced
to buy the f ourth lot. Within the Borough's ordinance, however, are two
sections that acknowledge - the mobility and migration of the dune (at
38.2-Legislative findings and declarations):

C. The immedi ate dune and beach area is not capable of rigid defini-
tion or delineation, or of completely f irm 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 pur-
chasing or owning such property do so subject to the public
interest therein.

and then 2) for the remapping of this dune as it changes (at
38.5-Administration): 4

A. The Borough Engineer shall by such surveys and calculations as he
finds necessary locate the beach and dune areas as defined in this
Article and plot the same on a plan of the borough, which plot-
ting, or a copy thereof, shall be on a file in the office of the
Borough Clerk and available for inspection. He shall from time to
time make any c*orrections in his findings and plottings that
changes in the natural or artificial features of the terrain may
justify or require.

However, this remapping has never been done by the Borough and cases similar
.to the Spiegle case have continued to plague the borough.

A consequence of dune migration and a fixed building line is heavy
encroachment and usually removal of the back dune slope, because dunes
landward of the building line lose their legal definition. Landward of the
building line, dune sand, in effect, becomes so much "soil" and the communi-
ty is powerless to prevent development. The effect of this encroachment is
the significant narrowing of the dune from the landward side. This activity
combined with the continuing narrowing of the dunes from the seaward side
has in some areas reduced the dune to a narrow dike-like feature (Figure 2).

There are only a few ordinances that acknowledge the migration of dunes
and provide a more scientifically defined setback line. Mantoloking, and
now Point Pleasant Beach (recently derived from Mantoloking's ordinance),

2
See Spiegle v. Borough of Beach Haven, 116 N.J. Super. 148 (1971).

prescribe a case by case review for the placement of new or renovated
residences to keep development a safe distance from the sea and landward of
the backdune.

Long Beach Township's ordinance, attempts to define a 150' wide
beach-dune area district by stating at 13.3:

Beach Dune Area: The District set off by this Chapter to incl 'ude all
areas bounded on the Southeast side by the Atlantic Ocean and on the
northwest side by a line parallel with and 150 feet northwestwardly
from the oceanfront building line .....

However, the next clause states "or by the nearest north south street,
whichever is the lesser distance". This last clause has allowed houses to
be built on top of dunes as long as they are twenty feet behind the bulkhead
line and the dune is sixteen feet high at the ocean front building line.

This clause has also allowed a critical situation to develop in the
Brant Beach section of Long Beach Township where significant beach and dune
retreat by scarping has been continuing for many years. During the March,
1984 storm, the scarp progressed far enough landward to expose the pilings
of the houses built eastward of Ocean Ave. Some of these houses have been
only recently completed. This critical erosion and the vulnerability of the
homes precipitated a request from Long Beach Township for $100,000 of State
Aid from the first shore protection appropriation for emergency repair of
dunes. However, as discussed in the process section of this report, dunes
will only remain in areas that have sufficiently wide beaches. Thus, the
expenditure of $100,000 for bulldozing of sand up from already depleted
beach areas would not correct this critical situation, but would only
temporarily provide some sand until the next series of storms removed it.
The Federal Interagency Hazard Mitigation Team called together after the
March, 1984 storm suggested to the Mayor of Long Beach Township that no
further building be allowed seaward of Ocean Ave. until further studies can
be conducted in this area to determine the cause of erosion and steps to
mitigate it.

Other sections of municipal dune ordinances were found to be deficient
to prevent dune damage or to provide clear guidance for homeowners and
others to build new dunes, repair damaged dunes or to improve existing
dunes. However, this is not entirely the fault of the ordinances, but is
due to the lack of specific knowledge of dune dynamics until a few years
ago.

One of the best dune ordinances in New Jersey is the Mantoloking
ordinance that has been continuously amended to strengthen it. This
strengthening is due to the hiring of a private dune consultant and the
interest of a group of- homeowners who aggressively maintain and study their
dunes. A copy of Mantoloking's latest ordinance is presented in Appendix A.
As a result of the ordinance and its enforcement, and despite the heavy
scarping of their dunes in the March storm, so little damage was sustained

in Mantoloking that the municipality did not need to apply for post-storm
disaster assistance.

One of the strongest provisions of Mantoloking's ordinance is the
recently added provision that all walkways to the beach, both public at
street ends and private, be elevated wooden walkways over the dunes. Since
there is a direct correlation between low streetend walkthroughs and
overwash, this provision had also been recommended by DEP to other munici-
palities as they have requested technical assistance for their dunes. If
the municipality considered wooden walkways too expensive, DEP has suggested
a lower cost substitute in the form of an angled path with protective dunes
in the front (Figure 4). Had either of these protective street end sugges-
tions been instituted throughout the shore prior to the storm, at least
$450,000 could have been saved during the 1984 storm just for removal of
sand and other debris from local streets4

Although most, if not all, the dune ordinances forbid the destruction
of vegetation and sand fencing, thus acknowledging their roll in the mainte-
nance and growth of dunes, few ordinances give clear guidance to either the
municipalities or private owners particularly in matters of vegetative
plantings. Only the ordinances of Mantoloking, Point Pleasant Beach, Dover
and Berkeley Townships mandate the specifications for dunegrass plantings,
the latter two of which apply only to dune areas that have been disturbed by
construction activities. The Long Beach Island family of ordinances also
mandates mitigative planting specifications around dune platforms.

Sand fencing specifications get slightly more attention in ordinances
but the guidance is not always clear. Although Mantoloking has adopted
accompanying resolutions to their ordinances that include minimum standards
for fencing, other municipalities have language that suggest fences "perpen-
dicular to prevailing winds". It is doubtful that municipalities or the
general public have such detailed wind knowledge, and in any case, recent
data suggests that dunes are built by dominant wind events not by prevailing
winds, as discussed earlier. In the absence of clear guidance, the munici-
palities and homeowners have been doing whatever they think best. The most
common practice is the use of dune-beach parallel fencing placed slightly
seaward of the previous year's fencing and turning up perpendicular to the
ocean at streetend walkthroughs. The most beneficial effect of this fencing
is to act as a "people" fence, keeping people out of the dunes, off fragile
dunegrass, and confined to designated walkways. However, recent data plus
on going research by DEP has shown that while this type of fencing technique
does retard trespassing, it is not an effective technique to repair scarps,
increase total dune growth, or prevent overwash at street ends (Halsey,
1980, 1981, Halsey et al., 1981).

An ancillary practice to the use of parallel fencing is the use of
brush piling, commonly recycled Christmas trees, at the landward base of the
fencing to further baffle moving sand. Many of the ordinances include
provisions such as the following in their section on sand fencing:

c W

LA.)

vA auSg- y Cl -R Go)

SAND FENCE -- This shall include the term "snow fence" and may
mean either of two (2) types of barricade established in a line or
a pattern to accumulate sand and aid in.the formation of a dune.

A. BRUSH TYPE -- This consists of dead bushes, trees, reeds or
similar debris collected in bundles and fixed by stakes or
similar means.

B. PICKET TYPE -- This shall be the commercial variety o f light
wooden f ence , held together by wire and secured by posts.

Although the ordinances read "either" the brush type or picket type, ma-hy
municipalities use both in an attempt to trap more sand. However, recently
this brush piling activity has increased to the point where in many locali-
ties, the dune toe-fence area has become the dumping ground for municipal
pruning or clearing activities. Besides being unsightly, this activity is
injurious to dune growth and particularly the growth of beach grass by
blocking light, rain water and windblown nutrients. Brush, taking the place
of a vegetatively knit dune, is easily removed during storms. This once
buried brush with tree trunks become further storm litter and possible
lethal air and waterborne missiles.

The first municipality besides Mantoloking to react to correct this
well meaning but injurious activity is Avalon which recently passed at
Chapter VII.7-3.4 the following:

Refuse and Debris. It shall be unlawful to throw, place, deposit or
leave any- shrubs or -shrub cuttings, trees, bottles, glass, crockery
sharp or pointed article or thing, paper, refuse, or debris of any kind
on beach area, dunes or approaches thereto, except in the proper
receptacles provided therefore on the Boardwalk or the Beach. (Amended
12/29/84 by Ordinance 139-83).

DEP concurs with this amendment because the aforementioned data suggest that
the proper use of snow fence and the planting of Ammophila builds the dune
quickly and thoroughly. The addition of brush does not at all further this
growth.

Another technique of sand fencing has been practiced in some northern
Ocean County municipalities for many years. This is the placement in the
fall of parallel rows of fencing oriented from northwest to southeast along
the backbeach area of the beach but seaward of the boardwalk, natural dune
or homes. This fencing traps large quantities of sand before it reaches the
area which would be occupied by natural dunes, if they existed. In Ocean'
County, this is usually the boardwalk area. In the late spring this fencing
-is removed, and 'the natural beach plus the mounds of sand are redistributed
and graded flat by bulldozer. Often this requires that some of this beach
sand be actually pushed into the ocean. Various rationales for this prac-
tice have been offered: 1) The tourists prefer a graded beach; 2) Pulling
sand away from and under the boardwalk prevents rotting of the wood and
ORV's from gaining ready access to and from the beach from the boardwalk;

and 3) Grading prevents dunes f rom growing up and blocking the views of the
oceanfront homeowners.

As a result of this practice and their lack of dunes, the northern
Ocean County municipalities from Normandy Beach to Seaside Park experienced
a great deal of damage f rom the March 1984 storm. Lavallette again lost
almost its entire boardwalk, and they and the rest of the communities were
extensively overwashed by voluminous quantities of sand down streets ,. This
waterborne sand was augmented by significant windblown sand from these
unvegetated "dune" mounds. Dover Township estimated that in the Ortley
Beach section of their community dump trucks moved 39,000 cubic yards of
sand from the streets back to the beach (FEMA, 1984). Seaside Park formed
huge piles of sand at every street end in order to transport the sand back
to the beach over the boardwalk. There was an average of two to four feet
of sand with six-eight foot drifts on the boardwalk and streets. Seaside
Heights reported that each street took an average of six hours to clean and
that a new dune area six feet high and 50-70 feet wide accumulated against
the boardwalk with three to four feet of sand over the boardwalk itself.
Front end loaders, bulldozers and dumptrucks were borrowed and rented as far
away as Stafford and Lakewood Township to help in this cleanup effort.

Most of this production and expense could have been avoided by the
creation of permanent dunes and the suspension of this fencing and grading
program. As a result of this.suggestion by the Interagency Hazard Mitiga-
tion Team (FEMA, 1984) and offers of technical and financial assistance by
DEP, Lavallette has suspended the seasonal fencing/grading practice, and
erected fences to create a new permanent dunefield just seaward of their
boardwalk with angled pathways to the beach. This new dune will be planted
with beach grass in the spring and a Citizen'.s Environmental Dune Committee
will help the Mayor and Council to administer the-dune program. A new dune
o.rdinance has been drafted for the protection of these new dunes.

Dover Township is now planning to create dunes on municipally owned
sections of their beach in the Ortley Section while their ordinance which
permits this "maintenance.program" is under review. Although there are many
privately owned sections of beach throughout Dover Township, each homeowners
association must apply for a beach maintenance permit through Dover Township
and conform to other provisions of the dune ordinance.

Conclusions

The main conclusions of this study are:

1. Those municipalities with good ordinances that have avoided
granting variances and have encouraged good dune building practic-
es over the years, particularly Mantoloking, Barnegat Light, and
Avalon, had the least damage to homes and infrastructure, and
requested the least amount of post storm cleanup money after the
March 1984 storm. Throughout the shore, areas behind natural or
well designed dunes experienced significantly less damage than the
res@t of the shore.

2. While most of the municipal dune ordinances in New Jersey are well
meaning in their intent, they are substantially out of date.
Drawn up as a result of the March 1962 northeast storm, these
ordinances either do not recognize the actual landward migration
of the dunes out of a legally defined area, or the areas they
address have never been remapped to respond to migration subse-
quent to their passage. As a result, the back slopes of dunes
have been allowed to be removed and homes have been built too
close to the ocean. This has resulted in past, and will continue
to require in the future, costly shore protection projects to be
designed to protect these homes and infrastructure.

3. While generally recognizing the role of wind and vegetation to
build dunes, most municipal ordinances lack clear guidelines for
proper fencing or vegetative techniques. The destructive role of
scarping is neither addressed nor are there guidelines for repair
of dunes after its occurrence.

4. Most municipalities permit low pathways through dunes which have
allowed extensive flooding and overwash to occur during storms.
Only Mantoloking, Point Pleasant, and Avalon mandate and provide
guidance for the construction of elevated wooden walkways over
dune protected street ends or protective walkways through other
dunes.

RECOMMENDATIONS

The Legislature requested administrative and legislative recommenda-
tions. DEP believes the suggestions below would help minimize future public
expenditures for storm damage by taking maximum advantage of the ability of
well constructed and vegetated sand dunes to function as effective low cost
flood protective features.

Administrative

1. DEP shall offer technical assistance to help those municipalities
draft, or update, and implement dune ordinances. The Department
offers the ordinance adopted by Mantoloking (See Appendix A) as a
good working model, but will help each municipality tailor the
provisions to meet specific community needs.

Issues such as the role of sc-arping and its mitigation, effective
fencing techniques, vegetative plantings, and elevated walkway or
protective street end pathways will be addressed. DEP shall also
recommend that remapping be done every five years or after major
storms, whichever is less. -

2. DEP will make all future shore protection grants from state or
federal funding contingent upon municipal adoption of a satisfac-
tory dune ordinance recognizing migration and the issues discussed
above. The Department recognizes that shore protection projects

may be appropriate in limited beach 'areas that are too narrow to
support dunes, even with additional sand.

3. DEP will offer public information meetings in cooperation with any
municipality or citizen group to explain the rationale and best
practices for continued dune protection.

4. DEP will discuss with communities certain practices such as ' future
setback possibilities, mitigation techniques of backdune encroach-
ment such as zoning requirement relaxation, and practices to
encourage migration of dunes such as indigenous plantings and dune
growth instead of lawns.

5. DEP will offer funds from Shore Protection Bond Issue appropria-
tions and from the Federal Coastal Zone Management Act to fund
municipal and county dune enhancement programs. This includes
monitoring to test fencing or vegetative plantings for their
effectiveness.

Legislative

Dune creation and protection is the most cost effective form of shore
protection, but it does entail costs, and it is not sufficient to provide
good safe beaches in New Jersey. There will be a continuing need for
beachfills and other shore protection projects.

DEP recommends that the Legislature should develop a long term stable
source of funding for shore protection to finance projects consistent with
the New Jersey Shore Protection Master Plan and the administrative
recommendations made above.

DEP also offers to work with the legislature to explore long term
possibilities for acquisition of severely eroded areas after major storms.

This report was prepared under the direction of John R. Weingart,
Acting Director of the Division of Coastal Resources by Susan D. Halsey,
Ph. D. Technical assistance was provided by Neil Yoskin, Esq. formerly of
DEP.

References Cited

Baumgaertner, I.V. , 1975, A major beach erosional cycle at Robert Moses
State Park, Fire Island, during the storm of 1-2 December 1974: the
confirmation of "Grazing-Swash Undercutting" as a major beach erosional
mechanism: in Wolff, M.P. (ed.), N.Y. State Geological Assoc. Guide-
book, 47th Ann. Mtg., Hofstra Univ., p. 259-278.

Federal Emergency Management Agency, 1984, Interagency flood hazard
mitigation report for FEMA-701-DR-NJ: New York, Region II, Interagency
Hazard Mitigation Team, 80 p.

Gares, P.A. , 1983, Beach/dune changes on natural and developed coasts: in
Magoon, O.T. and Converse, H. (eds.), Proc. of Coastal Zone '83, New
York: A.S.C.E., v.2, p. 1178-1194.

Gares, P.A., Nordstrom, K.F., and Psuty, N.P., 1979, Coastal dunes: their
function, delineation, and management: Rutgers-C.C.E.S. for N.J. DEP,
Div. of Coastal Resources, 1.12 p.

Godfrey, P.J., Leatherman, S.J., and Zaremba, R., 1979, A geobotanical
approach to classification of barrier beach systems: in Leatherman,
S.J. (ed.); Barrier Islands: from the Gulf of St. Lawren-ce to the Gulf
of Mexico: New York: Academic Press. p. 99-126.

Halsey, S.D., 1980, Beach watching: New Jersey Outdoors, v.7, p. 12-13
ff.

Halsey, S.D. 1981, The public's attempts at dune building: a challenge for
coastal zone managers: [abs.] N.J. Acad. of Science Bull., v. 26, p.
64.

Halsey, S.D., Ashley, G.M., and Farrell, S.C., 1981, Post-beach nourishment
sediment dispersal patterns: northern Long Beach Island, New Jersey:
Geol. Soc. America, Abs. with Programs, v.13, p. 136.

Kana, T.W., 1976) A storm threshold required to produce beach erosion at
Debidue Island, So. Carolina: Geol. Soc. America, Abs. with Programs,
v. 8, p. 207-208.

Kinsey, D.N., and Weiner, Saul, 1979, Dune, beach and shorefront protection
legislation: an options and background paper: NJDEP, Division of
Coastal Resources, 43 p.

Leatherman , S. P. , and Godf rey, P. J. , 1979. The impact of of f -road vehicles
on coastal ecosystems in Cape Cod National Seashore: an overview:
National Park Service Cooperative Research Unit, Report No. 34, Univ.
of Massachusetts-Amherst, 34 p.

National Academy of Sciences, 1977, Methodology for calculating wave action
effects associated with storm surges: Panel on Wave Action Effects:
Washington, D.C., 29 p.

U.S. Department of Agriculture, Soil Conservation Service, 1978, Guide for
dune protection in New Jersey: Tech. Note N.J.-25: Somerset, USDA-SCS,
13 p.

U.S. Department of Housing and Urban Development, 1978, Guide for ordinance
development: National Flood Insurance Program, Community Assistance
Series, No. l(e): Washington, D.C. , Federal Insurance Administration,
27 p.

-20-

APPENDIX A ORDINANCE #226

AN ORDINANCE TO REGULATE, PRESERVE AND PROTECT
THE BEACHES AND DUNES WITHIN THE BOROUGH OF
MANTOLOKING, OCEAN COUNTY, NEW JERSEY:
PROVIDING PENALTIES FOR THE VIOLATION
THEREOF; AND REVOKING ORDINANCE *199.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF
MANTOLOKING, IN THE COUNTY OF OCEAN AND STATE OF NEW JERSEY,
AS FOLLOWS:

ARTICLE 1. FINDINGS, DECLARATION AND PURPOSE. 2-2. Upper Driftline is that line produced by-the winter spring
tides (highest tides of the year) which contains oceanic debris (flotsam
I - 1. Although there may be no long term defense for fixed ocean- such as seaweed, etc.) and the seeds, rhizomes, or detached plants
front structures against a constantly rising ocean level, effective pro- which can geminate and/or grow to produce a zone of new dune
tection of the oceanfront and adjacent coastal areas in the intemedi- vegetation.
a
te term against high tides and flooding and against damage by the 2-3. Landward. Edge of the -Dune is the intersection line of the
u
ocean under stom conditions requires sufficient elevation and breadth backslope of the dune and the grade of the land extending from the
in the beach and Dune Areas. hereinafter defined, to dissipate the east boundary of New Jersey Route 35 eastwardly, or the linejoining the
force of the waves. The dunes should provide an uninterrupted barrier average Landward Edge of the Dune of the adjoining oceanfront
and a source of sand to mitigate the effect of storm waves for the
benefit of the entire Borough - interior lands as well as oceanfront properties. or a line parallel to and 60 feet west of the Seaward Edge
premesis - and a beach for the recreational purposes of all. Accord- of the Dune, whichever is themore westerly.
ingly, the Borough has a vital interest in the continued maintenance 24. Vegetation Line is that line connecting the most seaward
and protection of the beach and Dune Areas and in the right to cause naturally occurring perennial plants with other such plants.
their restoration in the event of damage or destruction. 2-5. Dune Area is that area between the Seaward Edge of the
1-2. Dune areas are vulnerable to erosion by wind. water. the ab- Dune and the Landward Edge of the-Dune.
sence of good husbandry by those responsible for their maintenance 2-6. Dune Reference Line is that line designated as such on the
and preservation. and by indiscriminate trespass. construction or other revised tax map of the Borough of Mantoloking,
acts which might destroy or damage them. 2-2. Setback Line is that line parallel to the Dune Reference Line
A proven and available means of protecting Dune Areas against and located westwardly therefrom by the setback distances variously
erosion is by preventing indiscriminate trespassing. construction or specified in Borough Ordinance 0 184, or any subsequent modification
other acts which might destroy or damage them. and through the thereof.
aggressive use of native plantings supplemented. when necessary. by 2-8. Natural Vegetation shall include the terms "native vege-
sand fencing and other protective devices. or combinations thereof. tation- or -indigenous vegetation'@ Specifically,. it shall include such
designed to prevent the erosion of Dune Areas and to promote the plants as beachgrass (Ammophila* breviligulate). dusty miller (Arte-
root accumulations. normal contours and other features found in misia stelleriana), sea rocket (Cakile edentula), seaside goldenrod
natural dune systems. (Solidago sempervirens), bayberry (Myrica peasylvanica), beach
1-3. The Beach Area and Dune Area are dynamic and are not pea (Lathyrus japonicus), salt spray rose (Rosa rugosa). or seaside
capable of rigid definition or delineation. or of completely firm stabil- spurge (Euphorbia polygonifolia), which normally grow or may be
ization. They can and do migrate. so that particular sites. at one time planted on the slopes of dunes or behind them. no distinction being
free of dunes may. as the result of natural forces. become a part of the made as to how such plants are introduced into their location.
Dune Are-adeclared to be in the interest of the Borough to protect. 2-9. Walkway is a constructed means of crossing the Dune Area
Persons owning. using or purchasing such property do so subject to in accordance with drawings approved by Borough Council and on file
the public interest therein.
with the Borough Engineer.
1-4. It is a purpose of this ordinance to define the areas so affected 2-10. Sand Fence shall include the term **snow fence" of a
and to establish regulations to assure their continued effectiveness. barricade type established in a line or a pattern to accumulate sand
1-5. This ordinance does not attempt to define and regulate all and aid in the formation of a dune. such as:
parameters of dune delineation. function or management and the a. Picket type consisting of light wooden fence held together by
Borough Council declares its intent to review and update this Ordi
nance periodically to reflect appropriately new and beneficial know- wire and secured by posts: or
ledge treating of such things as. but not limited to. Upper Driftline. b. Such other material as may be designed and approved for
elevated walkways and building Setback requirements. the purpose.
1-6. This ordinance is declared to be an exercise of the police 2-11. Dune Consultant shall mean an expert on dunes and their
power in the interest of safety and welfare for the protection of care retained by the Borough. In any periods during which no such
persons and property. expert is rt8ularly retained. it shall mean such other person designated
by Borough Council.
ARTICLE IL DEFINITIONS. 2-12. Dune Inspector shall mean that person designated by
For the purposes of this Ordinance. the following words shall have the Borough Council.
meaning given herein.
2-1. Beach Area is that area between the mean high water line of ARTICLE Ill. BEACH AND DUNE AREAS: REGULATIONS.
the Atlantic Ocean. in reference to the 1929 Sea Level Datum as es- 1- 1. Construction east of the Setback Line is prohibited. except as
tablished by the U.S. Coast and Geodetic Survey and the Seaward pro,-ided in 3-3. Construction in the Dune Area west of the Setback
Edge of the Dune as hereinafter defined. Line is prohibited. except as specifically allowed herein or by the
2-2. Seaward Edge of the Dune is the interseciion line of the present Land Use regulations of the Borough and in accordance with
foreslope of the dune and the gradient of the Beach Area. or the the present Flood Plain regulations of the Borough. Any allowed
contour line at an elevation of 12 feet above mean high water. or the structure shall be built upon suitable piling and shall be and remain
Vegetation Line. or the Upper Driftline. whichever is the more easier- open and unenclosed between the piling at least from grade to the
ly. except'when the Borough Engineer may have caused stakes to be bottom of the first floorjoists. as to dwellings: other allowed structures
driven to mark the Seaward Edge of the Dune. in which case it is the shall be designed. constructed and maintained so as to facilitate the
line between such stakes. natural migration of sand on or across the premesis.

3-2. The first floor of any new or rebuilt residence structure built 3-9. The Borough dune inspector, and in his absence, th e Chief of
cut of New Jersey Route 35 from the southerly borough line to Police and in all events the Borough Council shall enforce the affirma-
Lyman Street, or east of East Avenue from Lyman Street to the tive duty of each oceanfront owner, as set forth in this Ordinance, by
northerly borough line, shall be at an elevation at least as great as that service of a written notice, certified mail return receipt requested,
specified in Ordinance * 174, or any subsequent modification thereof. upon the record owner at his last known address as set forth in the
3-3. No person shall be in the Dune Area unless: Borough tax rolls, requesting specific compliance with these obliga-
(a) upon an approved pathway, Walkway or dune platform; or tions concerning dune protection and/or restoration. The notice shall
also advise that unless the owner shall take appropriate corrective
(b) in the performance of such activities as may be reasonably action and complete the samewithin 30 days from the day of mailing
and necessarily required to construct or maintain the dune or allowed said notice, the Borough may perform such acts of protection and/or
structures with the permission of the owner or restoration at the expense of the owner. Such expenditures by the
.(c) for purposes of enforcement of this Ordinance. Borough, if any, shall be due and payable upon demand. In the event
Only one pathway or Walkway across the Dune Area is permitted that any such owner shall fail to pay, then the sum together with
for each residence. It shall run, generally, the shortest practical course interest at the highest legal rate thereon shall become a lien upon the
between the residence and the Seaward Edge of the Dune, and shall property and be collected in the same manner as deliquent real
not exceed three feet in width. At street ends, wider pathways may be property taxes.
delineated by the Borough Engineer. In the event that any pathway or In addition to the action described above, the owner may. at the
Walkway shall be or become, in the opinion of the Dune Consultant, election of the enforcement officials or the Borough Council, be prose-
a substantial detriment to the development and maintenance of the cuted for violation of this Ordinance in accordance with Article TV.
continuous protective dune sought to be achieved by this Ordinance,. 3.10. No person shall operate a motor vehicle (as defined in
the owner of the premesis shall be subject to the provisions of Sub- Borough Ordinance * 138) across or upon any Dune Area except as
Article 3-9 of this Ordinance. may be necessitated for allowed construction or for dune main-
In addition to the pathway or Walkway, each oceanfront lot shall tenance.
be allowed a "dune platform" not to exceed 200 square feet, situated 3-11. Administration. A copy of this Ordinance shall be fumished
within the.Dune Area and specifically located and delineated by the to all oceanfront property owners and to each applicant for a building
owner of the premesis. The dune platform shall, in all events, be mit for any construction east of Ocean Avenue south of Lyman
pe
maintained in the same fashion and subject to the same regulations as Street and east of East Avenue, north of Lyman Street. Compliance
may govern use of pathways and Walkways. Dune platforms shall with this sub-article shall not be a jurisdictional prerequisite in any
comply with such specifications as may hereafter be adopted by enforcement proceeding.
resolution of the Borough Council governing such structures.
3-4. The removal, cutting, burning, or destruction of Natural ARTICLE IV. PENALTIES.
Vegetation, Sand Fence or such other types of dune protection de- 4-1. For any and every violation of this Ordinance, the owner of
vices as may be approved by the Borough Council in the Dune Area lands !butting the beach or Dune Area where such violation has been
is prohibited, except as necessary for construction authorized pur- committed, or the trespasser if the violation is of subsection 3-3, or
suant to subsections 3-1 and 3-3. any violator, shall for each and every violation be subject to a fine of
3-5. The removal of sand from the beach or Dune Area is not more than five hundred dollars or ninety days in detention at the
prohibited. discretion of the Court. Each and every day that such violation
3-6. Sand which is transported upon lands by action of wind, tides, continues shall be considered a spiarate violation of this Ordinance.
storms or any combination thereof shall not be removed from the lot ARTICLE V. EFFECT OF ORDINANCE.
upon which it is deposited by such action. To the extent practicable,
considering the utilization of the premesis, such sand as may be 5-1. Effect of Ordinance. If any part or parts of this Ordinance are
affirmatively relocated by the owner upon the lot shall be moved for any mason held to be invalid, such adjudication shall not affect the
eastwardly. Sand deposited upon any improved street ends shall be validity of the remaining portions of this Ordinance.
restored into the beach and Dune Area. 5-2. Repeal. All Ordinances of parts of Ordinances in conflict with
3-7. One of the purposes of this Ordinance is to achieve the or inconsistent with the provisions of this Ordinance are hereby repeal-
maintenance of sand dunes at the highest practical height. To this end, ed except that this repeal shall not affect or prevent the prosecution or
no dune shall be directly or indirectly lowered or reduced in height by punishment of any person for any act done or committed in violation
the action or inaction of any owner or his agent However, if any dune of any Ordinance hereby repealed prior to the effective date of this
shall be or become lower than the elevation deemed materially signi- Ordinance.
ficant by the Dune Consultant, applying recognized criteria, with due 5-3. Effective Date of Ordinance. This Ordinance shall take effect
regard to the intent of this Ordinance and reasonable use of the upon its final adoption.
premesis, the owner thereof shall be obliged to install such Sand
Fence and plantings as may be prescribed by the Dune Consultant.
The owner shall have an o@ligation to maintain and replace,if neces-
sary, these fences and plantings but shall not be obligated to take any
other affirmative action, except as may be specified elsewhere in this
Ordinance. If the dune is lowered or caused to be lowered by the
direct or indirect action of any owner, then the dune shall, upon due
notice to the owner, be restored to its immediately pre-existing eleva-
tion by the owner or at his expense. The restored dune shall be
planted and sand fenced in accordance with specifications promul-
gated under this ordinance.
3-8. In order to provide for effective protection and/or restoration
of the Dune Area, each owner shall plant or cause to be planted in the
Dune Area adjoining his property suitable vegetation and erect, or
cause to be erected, suitable sand fencing all in accordance with such
standards as may be recommended by the Dune Consultant and
adopted by resolution of the Borough Council.

INNIIIIIIIIIN
3 6668 00000 3477