Borough of Paulsboro, NJ
Gloucester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 5-16-1967 by Ord. No. 476. Amendments noted where applicable.]
GENERAL REFERENCES
Building Code — See Ch. 18.
Housing Code — See Ch. 39.
Swimming pools — See Ch. 71.
Zoning — See Ch. 80.

§ 32-1 Definitions.

For the purpose of this ordinance, the terms used herein are defined as follows:
A. 
Any structure, partition or hedge erected for the purpose of enclosing a piece of land, to divide a piece of land into distinct portions or to separate two contiguous estates and made of any material such as blocks, bricks, stones, wood, iron, wire, plastics, etc., including a growing hedge or other similar plants.
B. 
Any structure, partition or hedge which is constructed within the front side or rear yard areas as defined and provided for in the Zoning Ordinance of the Borough of Paulsboro,[1] which is above the surface of the natural level of the adjoining lands and which exposes one side or face to the adjoining lands, street or other public right-of-way, shall be deemed to be a "fence" and must comply with the provisions of this ordinance.
[Added 9-17-1968 by Ord. No. 498]
C. 
A structure which is commonly called a "restraining wall," used to maintain earth or soil in place, shall be deemed to be a "fence" and subject to the provisions of this ordinance if it is constructed within the front, side or rear yard areas as defined and provided for in the Zoning Ordinance,[2] if it is above the natural level of the adjoining lands and if it exposes one side or face to the adjoining lands, street or public right-of-way.
[Added 9-17-1968 by Ord. No. 498]
OPEN FENCE
One which does not have more than 10% of the space across its surface covered by solid material, and 90% of said space can be used for viewing or permits light and air to go through.
SOLID FENCE
One made of material spread fully along its entire surface and containing no openings therein to permit light, air or viewing.
[1]
Editor's Note: See Ch. 80, Zoning.
[2]
Editor's Note: See Ch. 80, Zoning.

§ 32-2 Junkyards.

All junkyards duly licensed shall be enclosed by a solid fence or wall not less than six feet high.

§ 32-3 Swimming pools.

[Amended 4-15-1975 by Ord. No. 575]
All permanent private swimming pools and all portable swimming pools shall have fences enclosing them in accordance with the provisions of Section 11 of an Ordinance to Provide for the Construction and Regulation of Swimming Pools adopted on September 15, 1964.[1]
[1]
Editor's Note: See Ch. 71, Swimming Pools.

§ 32-4 General policy.

It shall be the general policy of the Borough of Paulsboro to maintain throughout the Borough a general open space, open view, country or rural atmosphere. Any fences which may serve to prevent such an atmosphere are to be curtailed and not permitted unless there be a compelling need for them which cannot be met or coped with in any other manner. The exceptions to this policy are noted herein.

§ 32-5 General provisions.

A. 
Solid fences not more than three feet in height above the adjoining surface of the ground within five feet of either side of the same shall be permitted in any areas of the Borough which are zoned residential.
B. 
An open fence not more than 48 inches in height above the adjoining surface of the ground within five feet of either side of same shall be permitted in any areas of the Borough which are zoned residential.
[Amended 9-7-1976 by Ord. No. 594]
C. 
No solid fence more than two feet high and no open fence more than three feet high above the adjoining surface of the ground shall be permitted in the front yard area, as defined in the Zoning Ordinance,[1] of any lot; provided, however, that a solid or open fence of not more than six feet may be erected in any residential zone if that fence is not erected along the front yard area of the dwelling or is not erected on any portion of the side yard, from the front street line to the rear building line of the dwelling.
[Amended 9-18-1984 by Ord. No. 0.10A.84]
[1]
Editor's Note: See Ch. 80, Zoning.
D. 
All fences constructed parallel to the side of any house shall be at least 66 inches away from the nearest part of the side of the house. If passage from the front or street part of the yard to the side and rear parts of the yard in the area between any such fence and the side of the house is to be restricted or controlled, it shall be done by a gate which will permit immediate and easy access to the side and rear parts of the yard in order to extinguish any fires in the house or on the premises.
E. 
Unless otherwise agreed to by the adjoining owners of lands, all fences shall be constructed within the property lines of any lot and at least one inch therefrom.
F. 
All fences shall be constructed of materials which are new or are neatly painted, shall have no dangerous or injurious sharp points jutting therefrom and shall have no writing thereon or posters or advertising materials pasted thereon.

§ 32-6 Special uses in commercial and manufacturing zones.

[Amended 4-15-1975 by Ord. No. 575; 9-18-1984 by Ord. No. 0.10A.84; 10-5-2004 by Ord. No. 11.04]
The Planning Board may permit as a special use a fence not more than six feet high in areas zoned commercial and not more than six feet high in areas zoned for manufacturing, provided that the following conditions are found to exist:
A. 
There is something existing on the lands to be fenced in which is dangerous to and may cause injury to children attracted thereto or wandering thereon, or to adults who are not wary, and said condition is permitted by law to exist thereon.
B. 
It is not possible to otherwise enclose said potentially dangerous condition or situation except at an expense much greater than by a fence, and the fence will give adequate protection with regards to said condition.
C. 
The dangerous condition or situation does not violate any laws of the Borough, state or federal governments, is not a temporary one and was not created solely for the purpose of obtaining a permit for a fence.

§ 32-6.1 Special uses in residential zones.

[Added 9-18-1984 by Ord. No. 0.10A.84]
The Planning Board may permit as a special use an open or solid fence not more than six feet high in areas zoned residential, provided that the following conditions are met:
A. 
The erection of such fences does not impair the adjacent owner's or occupant's quiet use and enjoyment of his property.
B. 
The erection of such fence will not constitute a safety hazard or endanger the public health and welfare of any person, including the applicant.

§ 32-7 Permits.

[Amended 9-18-1984 by Ord. No. 0.10A.84]
All permits to erect a fence shall be issued by the Construction Code Official. All applications for permits shall state the names of the owners of the property, the lot and block number of the same on the Tax Map, the street number, the zone in which it is located, the type of fence to be erected, including length, height and materials to be used, the general part of the lot it will enclose and whether it is a solid or open fence. A sketch may be required if it is necessary to make the application definite as to the location of the fence.

§ 32-8 Fees.

[Amended 9-17-1968 by Ord. No. 498; 9-18-1984 by Ord. No. 0.10A.84]
The Construction Code Official shall charge and give to the Borough Treasurer fees for permits to erect or repair fences. All such fees shall be calculated by the Construction Code Official in accordance with the schedule of fees adopted by the Borough of Paulsboro in accordance with the Uniform Construction Code.

§ 32-9 Appeals.

[Amended 9-18-1984 by Ord. No. 0.10A.84]
A. 
If the Construction Code Official refuses to issue a permit for a fence, the applicant may appeal that decision to the Gloucester County Construction Board of Appeals. Said appeal shall be taken in accordance with the provisions of the Uniform Construction Code of the State of New Jersey.
B. 
Where a zoning permit is required as part of the application for a fence, if the Zoning Officer refuses to issue such Zoning Permit, the applicant may appeal such decision to the Zoning Board of Adjustment in accordance with the provisions.

§ 32-10 Violations and penalties.

[Amended 9-17-1968 by Ord. No. 498; 9-18-1984 by Ord. No. 0.10A.84]
A. 
Any person who refuses or fails to comply with any order of the Construction Code Official shall be subject to such fines and/or penalties provided by the New Jersey Uniform Construction Code. The Construction Code Official is hereby empowered to impose such sanctions, fines and/or penalties as provided by law pursuant to the Uniform Construction Code.
B. 
Any person who violates any other provision of this ordinance or does any other act or thing prohibited by this ordinance may, upon conviction thereof in the Municipal Court of Paulsboro or any court of competent jurisdiction, be fined any sum not exceeding $200 or be confined in jail for a term not exceeding 30 days, or both.
C. 
After notification of such violations and the issuance of an order by the Uniform Construction Code Official or any other lawful authority to remedy the same, if the violation does not cease or is not removed within 15 days of the issuance of said order, or such other period of time as may be designated therein, each day's continuation of such violation shall constitute a separate offense punishable by a like fine or penalty.

§ 32-11 Severability.

If any section of this ordinance is declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of this ordinance as a whole or any other part thereof.

§ 32-12 When effective.

This ordinance shall become effective upon its final adoption and publication.