[HISTORY: Adopted by the Mayor and Council
of the Borough of Lavallette. Amendments noted where applicable.]
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.
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)]
All fences shall be erected within property
lines, and no fence shall be located so as to encroach upon a public
right-of-way.
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.
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.
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.
