Township of Mansfield, NJ Fences, Hedges and Walls

Compliance required. Fences and/or walls may be erected, altered or reconstructed in any district in accordance with the following regulations and in accordance with all other provisions of this chapter.

Permit required. It shall be unlawful to construct, enlarge or alter any fence unless and until a zoning permit for such purpose has first been secured from the Zoning Officer or a construction permit from the Construction Official if the fence is over six feet in height.

Location restrictions.

(1)

Fences or walls shall not be located within the front yard or side yard setback when adjacent to a street.

(2)

No fence or wall shall be located in any landscape, buffer, drainage or shade tree easement or utility or drainage easement; except, however, as to 1andscape, buffer, and shade tree easements, a fence may be permitted if a license agreement approved by resolution of the Township Committee, is signed by the owner of the property, authorizing the Township of Mansfield to have access to the easement in question and imposing certain conditions upon the property owner with regard to the easement, which license agreement shall be in a form approved by separate motion of the Township Committee. Prior to submitting the request for a license agreement to the Township Committee, the owner shall notify all adjoining property owners, by certified mail or hand delivery (which delivery shall be certified to the Township), of his/her intention to erect such a fence.

[Amended 7-9-2003 by Ord. No. 2003-11; 2-25-2004 by Ord. No. 2004-8]

(3)

All fences and walls shall be erected within the property line.

(4)

In the ease of rear yards abutting a street, fences and walls shall maintain a ten-foot setback from the property line.

(5)

Notwithstanding the provisions of this article, no fence, no wall or hedge shall be permitted within the landscape buffers abutting the R-5 Residential Zone boundary lines nor within the fifty-foot landscape buffer easement which has been maintained as an area of passive open space between the Country Walk Development and the Homestead at Mansfield Development, except that such fences, walls or hedges (but not sheds, structures or play equipment) may be erected adjacent to the side property lines and connected with each other or to the existing chain link fence located within the landscape buffer easement maintained as an area of passive open space at the rear of each Country Walk lot, provided that the owner complies with the provisions of § 65-102C and, further, agrees, if applicable, to maintain the double row of evergreen plantings within the buffer area. Additionally, for properties in which the rear yard abuts the right-of-way along Route 68, fences may be erected to within one foot of the rear of the property line.

[Added 2-25-2004 by Ord. No. 2004-8; amended 5-25-2005 by Ord. No. 2005-15; 8-10-2005 by Ord. No. 2005-19]

Height restrictions. No fence or wall shall be higher than six feet. The height limitation pertains to all architectural or structural parts of the fence or wall.

Other restrictions.

(1)

All fences and walls shall be constructed in such a manner that the finished side of such fence or wall shall face adjacent properties and streets.

(2)

In the case of fences or walls in rear yards abutting a street, the following restrictions apply:

(a)

Fencing shall be of the shadow box type. Stockade fences are prohibited. Such fencing may be left natural, stained or painted white, or may be constructed of white vinyl or aluminum with white vinyl coating.

(b)

All fencing and walls shall contain a gate in order to facilitate maintenance of the street side of the fence and landscaped areas.

(c)

A landscaped buffer shall be provided against the street side of the fence or wall. Plantings shall be required in all noneasement areas and in shade tree easements. Plantings are required in addition to existing or planned street shade trees. Landscaping may involve a combination of deciduous and evergreen shrubs with a mature height of at least three feet. All such landscaping shall be subject to the approval of the Township Planner.

Exceptions.

(1)

Retaining walls. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.

(2)

Farming. These restrictions shall not be applied so as to restrict the erection of fences and walls as part of a farming operation conducted in conformance with § 65-103 of this chapter.

(3)

Nonresidential uses. Chain link fencing not exceeding eight feet high may be constructed anywhere within a public park, public playground, school premises in side or rear yards, utility operations, or in the rear or side of a business or industrial use that is in conformance with § 65-100 of this chapter.

Maintenance; notice to remove or repair.

(1)

All fences and walls shall be maintained in a safe, sound and upright condition.

(2)

If the Construction Official, upon inspection, determines that any fence, wall or any portion of any fence or wall is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence or wall in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 15 days of the date of the written notice.

Fences, walls, hedges, shrubs and trees at intersections.

(1)

At or near an intersection of two or more streets, no fence, hedge, wall, shrubbery or other similar matter shall be permitted to obstruct the view of motorists traveling on either intersecting street.

(2)

In the case of fencing, walls and landscaping in the front yard of corner lots, the maximum height is 30 inches within the sight distance triangle. The "sight distance triangle" is the portion of land at street intersections measuring 100 feet along each street from a point where the center lines of the intersecting streets meet. In addition, all trees within the sight distance triangle shall have all branches removed to a point seven feet above-grade.