[HISTORY: Adopted by the Borough Council of the Borough of Pemberton 10-15-1979
by Ord. No. 14-1979; amended in its entirety by Ord.
No. 1991-8 (Ch. 38 of the 1975 Code). Amendments noted where applicable.]
[Amended 8-16-1999 by Ord. No. 1997-9]
As used in this chapter, the following terms shall have the meanings
indicated:
An artificially constructed barrier of wood, masonry, stone, wire,
metal or any other manufactured or natural material or combination of materials,
specifically including living fences, hedges, or shrubbery so placed or erected
for the enclosure of land and/or dividing one piece of land from another.
That portion of a lot situated between the front lot line and the
front line of the building projected to the side lot lines of that lot. On
corner lots, the front yard shall also include that portion of the lot situated
between the street and the side line of the building projected to the front
and rear lot lines of that lot. If a lot does not contain a building, then
the entire lot is a front yard.
No fence shall be erected or constructed in the front yard.
No fences shall be erected within the municipality without the owner
of the premises, or his or her representative authorized in writing to make
such application, first obtaining a permit from the Code Enforcement Officer,
except that no permit shall be required for any fence constructed by the Borough
or any of its boards, authorities, commissions or agencies.
Application for such fences shall be made in writing to the Code Enforcement
Officer of the Borough of Pemberton, New Jersey, and shall set forth the following
information:
The fee for such permit shall be $25 for single-family residential applications,
$35 for commercial applications and $50 for industrial applications.
A.
No fence hereafter shall be erected, constructed or reconstructed,
except in the rear yard and side yards of any residential lot in any residential
zone or on lots in any other zone on which residential properties are erected.
[Amended 8-16-1999 by Ord. No. 1999-7; 7-19-2004
by Ord. No. 2004-10]
B.
No fence hereafter erected, altered or reconstructed
in any residential zone or on lots in any other zone on which residential
buildings are erected shall exceed six feet in height above the adjacent ground
level when located from the front plane of the house as extended and to the
rear lot line.
[Amended 7-19-2004 by Ord. No. 2004-10]
C.
No fence hereafter erected, altered or reconstructed in I Industrial Zones shall exceed the height of 10 feet above ground level, except as noted in Subsection D below.
D.
Exceptions. The foregoing restrictions shall not be applied
so as to prevent the erection of an open wire fence not exceeding 15 feet
in height above ground level anywhere within a public park, public playground
or public school properties. These restrictions shall not be applied so as
to restrict the erection of a wall for the purpose of retaining earth, provided
that such wall does not exceed such heights to be measured from the ground
level of the highest adjacent grade.
[Amended 8-16-1999 by Ord. No. 1999-7; 7-19-2004
by Ord. No. 2004-10]
The following fences and fencing materials are specifically prohibited
in any location on the lot upon which a dwelling or structure is situated:
barbed-wire fences, sharp pointed fences, canvas, cloth, electrically charged
fences, poultry netting, temporary fences, such as snow fences, expandable
fences and collapsible fences.
Every fence shall be maintained in a safe, sound, upright condition
and in accordance with the approved plan on file with the Code Enforcement
Official.
A.
All fences must be erected within the property lines,
and no fences shall be erected so as to encroach upon a public right-of-way
nor in any front yard as defined above in this chapter.
[Amended 8-16-1999 by Ord. No. 1999-7]
B.
Any fence, wood, stockade, chain link or other type of
fence shall have the smooth side or finished side facing to the outside of
the property owner installing the fence. Fence posts will be placed on the
inside of the fence facing the interior of the lot.
[Added 7-19-2004 by Ord. No. 2004-10]
[Amended 7-19-2004 by Ord. No. 2004-10]
Any fence in existence on July 19, 2004, may continue in existence without
compliance with this chapter, except that the fence shall be kept painted,
where applicable, and in good repair. However, no such fence, destroyed or
removed, shall be replaced except in conformity with this chapter.
If the Code Enforcement Official, upon inspection, determines that any
fence or portion of any fence is not being maintained in a safe, sound, upright
condition, he or she shall notify the owner of such fence, in writing, of
the findings and shall state briefly the reasons for such findings and order
such fence or portion of such fence repaired or removed within 10 days of
the date of the written notice. Each day the person fails to obey the order
referred to above shall constitute a separate violation of this chapter.
Any person, firm or corporation violating any provision of this chapter
shall, upon conviction, be subject to a fine not exceeding $1,250, a term
of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof.
