Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette. Amendments noted where applicable.]
GENERAL REFERENCES
Bulkheads and beach development — See Ch. 14.
Uniform construction codes — See Ch. 20.
Zoning — See Ch. 90.

§ 26-1 Permit required.

No person shall erect, alter or reconstruct a fence on property in any zone in the Borough of Lavallette without first having obtained a zoning permit from the Zoning Official.

§ 26-2 Height limitations; type of fence required.

Fences erected, altered or reconstructed shall be of the type hereinafter specified and shall comply with the maximum height limitations hereinafter set forth. For purposes of this chapter, fences shall be measured from the grade level.
A. 
Front yard. Fences located in the area from the front property line to the front setback line shall be of open wire construction, having openings not smaller than two inches and not exceeding 48 inches in height, or shall be made of wood, vinyl or similar material with at least 1 1/2 inch openings between the rails or slats and not exceeding 48 inches in height.
B. 
Rear yard. Fences located in the area from the front setback line to the rear property line and running across the rear property line may be of solid type and shall not exceed six feet in height.
C. 
Lots adjacent to Barnegat Bay or lagoons. On properties having rear yards adjacent to lagoons or to the Barnegat Bay, any fence within the rear yard setback shall not exceed 48 inches in height and shall be of open-wire construction, having openings not smaller than two inches, or shall be wood, vinyl or similar material with at least two-inch openings between the rails or slats, or shall be of post-and-rail construction.
[Amended 9-19-2016 by Ord. No. 2016-05 (1149)]
D. 
Corner lots. Fences located at the intersection of any two streets, highways, roads or roadways shall not exceed 36 inches in height. Fences shall be made of wood, vinyl or similar material with at least one-and-one-half-inch openings between the rails or slats or be of post-and-rail construction. Wire construction fencing having openings not smaller than two inches are also permitted. Only the aforementioned fencing shall be permitted within the triangular area formed by the two intersecting street lines bounding the lot and by a line connection to a point on each street line located 45 feet from the intersection of said street lines. For the purpose of this subsection, a street line shall be deemed to be the curbline and an intersection shall be deemed to be the meeting place of the curblines on intersecting streets.
[Amended 6-7-2004 by Ord. No. 2004-10 (945)]
E. 
Lots bordering Route 35 southbound. Notwithstanding any of the foregoing provisions, solid fences not exceeding six feet in height shall be permitted along Route 35 southbound, provided that fences on any corner lots shall comply with the provisions of Subsection D above.
F. 
Lots bordering on the oceanfront. Notwithstanding any of the foregoing, any fences located in the front yard area of lots bordering on the oceanfront shall be of open wire construction, having openings not smaller than two inches and not exceeding 48 inches in height, or shall be made of wood, vinyl or similar material with at least 1 1/2-inch openings between the rails or slats and not exceeding 48 inches in height. Snow fencing shall be permitted as per the provisions of § 26-4B. Fences shall be set back at least two feet from the eastern property line of the lot.
[Added 6-17-2013 by Ord. No. 2013-07 (1122)]

§ 26-3 Encroachments.

All fences shall be erected within property lines, and no fence shall be located so as to encroach upon a public right-of-way.

§ 26-4 Certain fences and construction materials prohibited; exceptions.

A. 
The following fences and fence construction materials are specifically prohibited in all zones in the Borough of Lavallette: solid cement block, barbed wire, canvas, cloth, electrically charged, expandable and collapsible.
B. 
Notwithstanding the foregoing, snow fences on the ocean side of the oceanfront property shall be a permitted fence.

§ 26-5 Fence supports.

Any portion of a fence construction intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract of land upon which the fence is erected. The finished portion of the fence shall face the property or street adjacent to the fence.

§ 26-6 Violations and penalties.

Any person, firm or corporation that shall be convicted of a violation of a provision of this chapter shall, upon conviction whereof by any court authorized by law to hear and determine the matter, be subject to a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense.