Signed Easements for Dune Project in Toms River 'Coming In'

Toms River officials said that they are hopeful to secure all of the easements necessary to construct a protective dune on private oceanfront properties. 

Following Superstorm Sandy, the township requested easements from about 35 different entities along the ocean so that the U.S. Army Corps of Engineers can complete a major beach and dune restoration project. The corps would then return for re-nourishment every four years as necessary for the next 50 years.

"I'm happy to tell you that they're coming in," Mayor Thomas Kelaher said Tuesday during a Township Council meeting. 

The project's design — which would include the construction of approximately 25-foot high dunes, 75 foot wide berms and 175 acres of dune grass in the project area — was completed in 2007, but has languished after some oceanfront homeowners refused to sign easements that would allow the work to be completed, and maintained in the future.

"It looks like we should have a lot in the win column, and hopefully there shouldn't be any holdouts. But if there are, I think the wrath of the community will encourage them and they will sign those easements," said council Vice President Maria Maruca. 

Currently, five of 36 easements requested in Toms River — including one from Joey Harrison's Surf Club — have been signed, according to township Business Administrator Paul Shives. But, because many homeowners associations met last weekend, the township expects an additional 10 to 15 signed easements to be incoming. 

"That means they've really come to the table. They're really concerned about the community," Maruca said.

The dune project would be beneficial to the township as a whole, not only barrier island residents. Many areas near the bay experienced flooding from Sandy that could have been mitigated had a more robust dune been in place. 

"This is probably the most important thing we could do to protect the residents of Toms River," said Council President George Wittmann. "It will protect against virtually any storm."

"It's for protection of all residents, even the back-bay areas will be protected from flooding," said Councilman Mo Hill. "It's not only the barrier island. It's also the residents of the mainland that this is important to."

Homeowners have said they feared boardwalks or other attractions would be built in their backyards, despite the fact that the easements cover only dune re-nourishment work. Other homeowners have refused to sign because they say the dunes would block their view of the ocean and reduce the value of their homes.

Toms River administrators and the township's law department have been meeting with homeowners associations to work out supplemental agreements to go along with the easements. 

"It has really been an all-out effort by everyone in this township," Maruca said. "And that has really made a difference."

The township has given assurances that private beaches will remain as such — property owners would continue to set their own rules and regulations — and no public construction will take place on that land if easements are granted. 

"The Army Corps of Engineers is emphatic, unless they have all of the easements they will not do the project," Kelaher said. "I'm grateful to the associations and hopefully we're going to get all of them."

U.S. Rep Jon Runyan (R-3) wrote to the mayors of a number of northern Ocean County municipalities in March urging them to secure all necessary easements for the massive dune and beach project by May 1, the date the Army Corps of Engineers must submit a work plan to Congress.

Township attorney Kenneth Fitzsimmons said that township officials are preparing for other options should all of the easements not be signed. 

"Yes, but we're not going to discuss the details of a backup plan," he said. 

The Superstorm Sandy relief package passed by Congress in January contains $4 billion for replenishment projects, including the Manasquan to Barnegat project, Runyan's office said.