LONGPORT The Board of Commissioner June 27 withdrew an ordinance that would have created an easement for the public to access tidal waters, including the beach and bay.
There were several public hearings scheduled since the ordinance was first introduced on May 15. Three public hearings were postponed to allow changes to the ordinance requested by the NJ Department of Environmental Protection. The ordinance was withdrawn at the last hearing and will be re-introduced at a later time, Solicitor Pacifico Pat Agnellini said.
The ordinance, which would execute an irrevocable deed of dedication and perpetual easement access at all street ends to allow the public to access tidal waterways for bathing, fishing and recreation, is a required component of the borough's Beach Access Plan, which was previously submitted to the DEP.
That document, which has been posted on the DEP's website, must be approved before the borough can obtain a five-year General Beach Maintenance Permit from CAFRA that allows the municipality to maintain the beach and move sand to ensure public safety.
We've been back and forth with the DEP for over a year, Agnellini said. We're trying to get a plan put together that works for us and works for them.
Although Longport says it does not restrict access and has already passed a companion ordinance that requires signage be posted at every street end confirming the public's right to access, it is concerned that certain access points to the bay may be dangerous because there are steep drops to the water.
All three Downbeach communities are required to adopt access plans, however, Longport's Beach Maintenance Permit expired at the end of last summer. It has received a temporary emergency permit allowing Public Works to clean walkways and remove any debris that washes up on the shoreline.
We met with Margate and Ventnor about joining together, but their permits have not expired yet, Agnellini said.
Margate's permit will expire at the end of the summer and the city has contracted with engineers at Remington & Vernick to develop its access plan.
Having a deed of dedication prevents a municipality from vacating street ends and turning over ownership to adjacent property owners who could prohibit the public from accessing the beach through their property.
The argument we had with DEP in Trenton is we are never going to vacate our street ends, Agnellini said.
Agnellini said the DEP should request that the legislature pass a law preventing a municipality from vacating street ends that provide access to waterways.
The DEP also wants the borough to have a Fish and Wildlife component that would set aside a portion of the beach between 11th and 13th avenues to create a nesting habitat for the piping plover, engineer Richard Carter said.
Carter said the borough would also like to create more access to tidal waters by creating a safe access point at the end of Atlantic Avenue at Longport Point.
Several years ago, Carter developed a plan for the area that would remove unsightly blocks of concrete and establish safer access to the bay for fishing or viewing sunsets, along with creating several parking spaces, but the DEP denied a permit to do the work.
Although all three public hearings were properly advertised according to state regulations, certain residents have expressed concerns that do not know what's contained in the ordinance, Agnellini said.
This has been discussed at public meetings for the last year and the subject of an initial publication for the first reading and three second reading publications over the last couple of months, he said. "The reason we have been postponing it is that the DEP has asked for changes to the draft or we were not comfortable with what's in it. This has been an ongoing process and one that has been discussed at length.
He said residents have questions they would like answered, so he recommended the commission withdraw it, make some revisions, and start the process all over again.
We should withdraw it&at the end of the day we want to make sure we get it right, Agnellini advised.
The ordinance will be reintroduced at a future meeting.
https://www.downbeach.com/2019/05/17/longport-ordinances-will-allow-public-works-to-get-beach-cleaned-up-for-summer/
https://www.downbeach.com/2019/04/10/downbeach-towns-oppose-proposed-public-trust-doctrine-law/
https://www.downbeach.com/2019/01/22/longport-requests-exemption-from-states-beach-access-plan-requirement/
