Aug 3, 2023 Update - Toms River Ordinance Amendment & Litigation Status
Unfortunately, the Toms River Council approved the amendment to the dune walkover ordinance at last week’s meeting despite overwhelming opposition from Normandy Beach and other barrier island beach association members. Nearly five hundred signatures were collected on our petition, dozens of emails were sent to the council and many of our members showed up to the meeting and voiced their objections. Thank you all for your support.
Below are two letters to the Toms River mayor and council which were prepared by Tom Hofstetter on behalf of the Normandy Beach Association. The first was an appeal to the council to delay their vote on the amendment and the second is a recap of the NBA position which was sent after the vote.
The next step in fighting to preserve the integrity of the dunes is an appeal of the decision of a lower court which granted partial summary judgment to the plaintiffs on their claim for an implied easement across NBA’s property. The appeal has been filed with the Superior Court of New Jersey and is attached for your information.
If the NBA prevails on the appeal, the Toms River ordinance will be invalidated, and any permits issued for dune walkovers will be revoked. A time frame for a decision on the appeal is not available.
At this juncture, the NBA and NBIA boards are trying to prevail upon the Township of Toms River to develop standards and requirements for any dune crossover for which a permit is being submitted as we await the outcome of the appeal. We will attempt to do the same with Brick Township. Since the proposed crossovers would be on NBA property; NBA should be notified of any pending permit and have an opportunity to comment on the location and type of crossover as well as other concerns such as insurance. We would appreciate your support with this ongoing issue.
Should you have any questions about this matter, please plan to attend the NBA/NBIA annual meetings on the morning of Sunday, September 10.
July 17, 2023: Oppose Toms River Township Amendment to 189-7a(4) SAVE the DUNES!
Last Wednesday, the 12th of July, at the Toms River Township Council Meeting, it was proposed that the current ordinance prohibiting the creation of a private walkway over the dunes for beach access within 250 feet of a public access way, be amended and effectively repealed. As many of you know, this issue has been the subject of litigation within our community for several years – litigation which is still ongoing. If you believe that the integrity of the dunes is a key factor in protecting our community, please plan to attend the next council meeting to voice your opinions about this ordinance.
Next Toms River Council Meeting is July 26th 6pm
33 Washington Street, Toms River
Hirshblond Meeting Room
If you cannot attend the meeting in person, please consider sending an email to the Mayor and Council Members. As an example:
As a resident of the barrier island, I am strongly opposed to the proposed Amendment to 189-7a(4) of the Township Code which would remove restrictions on private homeowner dune walkways. I believe that the integrity of the barrier island dunes is critical to protecting our homes, businesses and the associated tax base which supports Toms River Township.
I respectfully request that you vote “no” on this proposed amendment.
Thank vou for your consideration,
Barrier Island Resident (or Address)
As evidenced by the impact of community support for actions to address road flooding, beach curfews and approval for the Underground Café – ACTIVE PARTICIPATION MATTERS!