Borough of Cresskill, NJ Article XXXII Fences

[Added 10-1-2003 by Ord. No. 03-14-1273]

§ 275-129 Location and height of fences.

[Amended 6-20-2018 by Ord. No. 18-14-1526]

A. A fence permit shall be issued by the Construction Official upon approval of a zoning application.

B. No fence erected on or around a residential lot or parcel of land shall exceed four feet in height above average grade. Pre-constructed fences of approved height must be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum approved height. No fence shall be installed on a berm or swales and shall be measured from finished grade. No fence shall be installed on a wall (except a retaining wall) making the overall height higher than the approved height for that location and shall not block water from natural runoff.

C. No fence shall be erected in the front yards of a standard or corner lot in any residential district unless the fence is at least 75% open, not greater than 48 inches in height above finished grade and meets § 275-44A. Fencing in the rear of a corner lot which is considered a front yard shall be allowed to be a solid four-foot fence with the approval of the Construction Official. Fencing must be painted in only one color, harmonious with the surrounding area and must not have oversized posts or columns unless approved by the Planning Board or calculated into the impervious coverage calculations. All driveway gates must be set back a minimum of 25 feet from the roadway, shall not exceed an additional 50% of the approved adjoining fence height and shall not act as a part of a pool barrier system. Fences must be constructed with the finished side away from the applicant's property.

D. Fences shall be installed to permit flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

E. Fences higher than six feet, such as those required around a tennis court, shall comply with § 275-10.1E, and may be permitted in a residential zone by the Zoning Board of Adjustment.

F. Living fences or screening shall be planted no closer than three feet from the center of the plant to the property line. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with corner lots as per § 275-44A. No living fence shall be planted within 25 feet of the roadway along the edge of any driveway or parking lot entering the roadway or an intersection.

G. The following fences and fencing materials are prohibited: barbed wire fences, short pointed fences, canvas, cloth, electrically charged fences, poultry netting, bamboo fencing, temporary fences such as snow fences, expandable fences and collapsible fences, at any location of the lot upon which dwelling or structure is situated. All fences must be set back from the intersection of two roadways a minimum of 30 feet.

H. Swimming pools now or hereafter constructed shall be enclosed by a substantial fence no less than 48 inches in height with a latch at 54 inches from grade and shall have the gate swinging away from the pool. All swimming pool barriers and safeguards shall comply with the International Swimming Pool and Spa Code.

I. No fence shall be closer than 10 feet to any street even if the property line is closer than 10 feet. No fence shall be erected in the Borough right-of-way.

J. No fence permit shall be issued by the Construction Official until the applicant provides the Construction Official with a set of plans or description of the proposed fence and sketch or survey showing the location of the fence. The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the sketch or survey. If the Construction Official, upon inspection, determines that any fence has not been constructed according to the plans or description or has not been located as shown on the sketch or survey, he shall notify his findings and order such fence to be constructed according to the plans or description. Such owner shall either remove the fence or comply with the order of the Construction Official within 10 days of the receipt of the written notice. Each day the owner fails to obey the order referred to above shall constitute a separate violation of this chapter.

K. Fences not over six feet in height may be erected along the rear lot line (in no case not any closer than 25 feet to any street on a corner lot) and along the side lot lines for a distance from the rear lot line to a point 90° off the side lot line to the rear corner of the principal structure. The adjoining fence from the side lot line to the rear corner of the primary structure shall be four feet solid with a gate at both sides. If the four-foot fence is any closer to the front of the primary structure, it shall be 50% open. For an irregular lot, the Construction Official shall determine the distance and location.

L. During construction on such property, a temporary safety fence permit may be issued for a fee of $50 from the Construction Official. During construction on such property, a silt fence (not regulated by Bergen County Soil Commission) shall be installed downgrade of all stockpiled soil, at the lowest grade of the property and along the curb line until finished grade is created. It must be installed prior to the day of excavation. Neglecting to do so will result in a $500 fine with a $250 reoccurring fine if the neglect continues.