[HISTORY: Adopted by the Mayor and Council of the Borough of Saddle River 12-11-1978 by Ord. No. 303. Amendments noted where applicable.]
No fence, hedge or screen planting shall be permitted within the Borough of Saddle River except in accordance with this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
HEIGHT
Measured from the average natural elevation prior to any construction 10 feet either side of the proposed location of a fence, hedge or screen planting.
SOLID CONSTRUCTION
Any fence that has less than 50% open spaces between the pickets, slats or crossbars of the fence.
No fence, hedge or screen planting in excess of three feet in height shall be permitted closer than 50 feet from the point of intersection of the side lines of intersecting streets so as to provide adequate sight clearance for vehicular traffic.
[Amended 4-19-2004 by Ord. No. 04-764-C; 7-18-2005 by Ord. No. 05-776-C]
A. 
Within any required front, rear or side yard, as set forth in Schedule B: Limiting Schedule, in Chapter 210, Zoning, no fence or wall used as a fence shall be erected and maintained over six feet in height, or if of solid construction, over three feet in height, and, in addition, no fence or wall used as a fence shall be erected elsewhere on any lot in excess of 10 feet in height, or, if solid construction, over three feet in height. All fences or portions thereof erected after July 31, 2005, shall comply with all the provisions of this chapter.
B. 
The use of slats on chain-link fences is expressly prohibited. Chain-link fences of any kind are not permitted in the front of a principal building beyond the front building line.
C. 
Fences, pillars, piers, stanchions and cheek walls may be located in the front yard of a lot, provided that such structures are set back a minimum of 10 feet from the front property line.
[Amended 7-18-2011 by Ord. No. 11-853-C; 12-19-2011 by Ord. No. 11-856-C]
D. 
Fences shall not have any kind of razor wire, barbed wire, or glass shards as a part of the fence structure.
[Amended 12-19-2011 by Ord. No. 11-856-C]
E. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection E, regarding replacing a portion of a noncompliant fence, was repealed 10-17-2016 by Ord. No. 16-923-C.
F. 
Tennis courts, paddle courts, game courts and all recreational court fences may not exceed 10 feet in height; they may be constructed of black chain-link fence. They may not be enclosed with a roof, overhead covering or overhang of any kind. All fences for these structures shall be screened by a buffer strip as defined in § 210-3 of the Borough Code.
G. 
Fences for dog runs, animal runs or pens of any kind may not exceed a height of six feet. These structures may be enclosed on the top, provided they comply with all provisions of the Borough Code. The use of pillars, piers, stanchions or cheek walls shall not be used to create or define a dog or animal run and is expressly prohibited. All fences for these structures shall be screened by a buffer strip as defined in § 210-3 of the Borough Code and may not be visible from the street and/or neighbors. Dog runs/pens will be included in lot coverage.
H. 
Pillars, piers, gates and stanchions may not exceed six feet in height, measured from the finished grade, except that up to two piers or stanchions and gates at a driveway entrance to a lot may be up to seven feet six inches in height measured from grade to the topmost portion of the pier or stanchion.
[Amended 9-18-2006 by Ord. No. 06-798-C; 12-19-2011 by Ord. No. 11-856-C]
I. 
The entrance space created by the gates, posts, piers, stanchions, cheek walls and the like shall have 15 feet of clear unobstructed space. This is established to allow emergency service vehicles clear access to the property.
J. 
Cheek walls attached to gates, posts, piers, and/or stanchions may not be more than 10 feet long and three feet wide.
K. 
Gates may also be located in the front yard of a lot, provided they are set back at least 15 feet from the front property line, but in no case shall the gate be located less than 22 feet from the paved cartway of the roadway on which it fronts.
[Added 7-18-2011 by Ord. No. 11-853-C; amended 12-19-2011 by Ord. No. 11-856-C]
L. 
Lighting on fences, including the piers or posts supporting such fences, is prohibited except that lights may be used to either uplight up to two piers or posts that are adjacent to a driveway or walkway entry to a residential property or may be placed upon up to two such piers or posts, but not both.
[Added 12-19-2011 by Ord. No. 11-856-C[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsection K as Subsection M.
M. 
A fence erected on the top of a freestanding wall may not exceed three feet in height.[3]
[3]
Editor's Note: Former Subsection L, regarding side and back yard fences in the no disturb zone, which subsection immediately followed this subsection, was repealed 5-15-2006 by Ord. No. 06-794-c.
N. 
Deer fence. It shall be lawful to install a deer fence up to a total height of 8.5 feet. Deer fences must be dark green or black in color and may not exceed 8.5 feet in height, including any fence upon which it may have been installed. Deer fences shall not be installed within 15 feet of the property line adjacent to any roadway. Deer fences shall not be installed within the front yard setback.
[Added 10-17-2016 by Ord. No. 16-923-C]
O. 
Any legally existing, nonconforming fence may be rebuilt or replaced in its existing location with no increase in height in the manner herein provided.
[Added 10-17-2016 by Ord. No. 16-923-C]
The finished or decorative side of any fence, as determined by the Construction Official/Building Inspector of the Borough of Saddle River, shall face outward in the direction of the street or adjoining properties.
Any person desiring to erect a fence on his property shall make application therefor to the Construction Official/Building Inspector of the Borough of Saddle River and pay the fee required by the Uniform Construction Code as adopted by the Borough of Saddle River.[1]
[1]
Editor's Note: See Ch. 68, Constructions Codes, Uniform.
[Amended 2-22-1994 by Ord. No. 600-C]
Any person who is denied a building permit for a fence may appeal the decision of the Construction Official/Building Inspector of the Borough of Saddle River to the Zoning Board of Adjustment pursuant to the procedure set forth in Chapter 37, Land Use Procedures.
It shall be the obligation of each owner or occupant of property to maintain any fence, hedge or screen planting so that it does not violate the terms or provisions of this chapter.
The Construction Official/Building Inspector of the Borough of Saddle River shall administer and enforce this chapter and shall make the determination concerning compliance with this chapter and the issuance of a construction or building permit.
Nothing contained in this chapter shall be construed as prohibiting in any required front, rear or side yard decorative or landscape plantings, such as bushes, flowers, trees and the like, which are not designed or intended as a fence.
[Amended 2-22-1994 by Ord. No. 600-C]
Violation of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.