[HISTORY: Adopted by the Mayor and Council
of the Borough of Palisades Park 7-8-1976 as Section 8-9 of the Revised General
Ordinances of 1975; amended in its entirety 6-16-1992 by Ord. No. 1153. Subsequent amendments noted where applicable.]
No fences in excess of 18 inches in height shall
be erected in the borough until a building permit shall be issued
by the Building Inspector. Except as provided elsewhere in this Code,
no building permit shall be issued by the Building Inspector for any
fences in excess of four feet in height without approval and authorization
therefor being first obtained from the Fence Application Review Committee.
Application for a building permit for the erection
of a fence shall be made in writing and filed with the Building Inspector
and shall set forth the following information:
A.Â
The name of the owner and address of the premises
where the fence is to be erected.
B.Â
A sketch or plan of the fence.
C.Â
A description and specification of the fence, including
size, height, dimensions, material and size and percentage of openings.
D.Â
A sketch of the premises showing the boundaries thereof,
the street upon which the same fronts and the distance from the corner
of the premises abutting the street line to the nearest intersection.
The sketch shall also show the location of the dwellings or buildings
erected on the premises, as well as the dwellings or buildings erected
upon adjacent premises and the location where the fence is to be erected,
with distances noted.
[Amended 5-24-2016 by Ord. No. 2016-7]
The fee for such a building permit shall be
$75 for fences up to six feet in height and $35 per $1,000 in excess
of six feet.
Any and all fences shall not extend beyond the front portion of the main building or, if no building is then erected on the premises, the front setback line as provided in Chapter 300, Zoning, and shall be so reasonably set back from the rear and side yards of the premises that the same may be practically prepared and maintained without trespassing upon the adjoining premises.
All fences shall be erected of sound materials
commonly used for fencing, such as but not limited to split-rail,
chain link, wood-picket, stockade, woven-wire, woven-wood or snow
fencing, erected in accordance with good trade practice. No fence
constructed of solid material shall be constructed exceeding four
feet in height. Any fence to be erected exceeding four feet in height
shall be constructed in such a manner that the same shall be porous,
such as chain link or woven-wire fence or a fence constructed of horizontal
or vertical members, which members shall be separated one from the
other by at least the width of each. It is the purpose and intention
of such restriction of construction of fences exceeding four feet
that the same shall not unreasonably limit the free motion of air
or transference of light. The Fence Application Review Committee may
approve and authorize the issuance of a building permit for such fences
over four feet in height, provided that it does not unreasonably obstruct
the enjoyment of light and air of adjoining property.
On all applications to the Building Inspector
for a building permit to erect a fence in excess of four feet in height,
the applicant shall, within seven days of the date of application,
serve a copy of the application on all adjoining property owners on
all sides of the property for which the building permit is sought,
by registered or certified mail or by personal service. If a building
permit is sought for the erection of a fence on the front yard of
the property, property owners directly across the street shall also
be served with a copy of the application. The applicant shall file
with the Building Inspector a proof-of-mailing form or an affidavit
of mailing or of personal service setting forth the applicant's compliance
with the provisions hereof. No application shall be referred to the
Fence Application Review Committee for approval and authorization
until the Building Inspector is satisfied that the applicant has complied
with the provisions hereof. The Committee shall consider the applications
as soon as practicable after receipt of the same. The Committee shall
notify the Building Inspector of its decision, who shall, in turn,
notify the applicant. The decision of the Committee shall be final.
The Mayor and Council may, within its discretion,
require fences heretofore erected in the borough to comply with the
provisions of this chapter. If the Mayor and Council determines that
an existing fence does not comply with the standards of this chapter,
then the Mayor and Council shall give written notice of its specific
objections to the fence to the owner of the premises upon which the
fence is erected, and the owner, within 60 days from the receipt of
the notice, shall either improve, change or alter the fence so as
to make such fence comply with the provisions of this chapter.
There is hereby established a committee to review
all fence applications submitted pursuant to this chapter. The committee
shall hereinafter be known as the "Fence Application Review Committee."
The members of the Committee shall be the Building Inspector, the
Chairperson of the Planning Board and the Chairperson of the Board
of Adjustment.
