Township of Carneys Point, NJ
Salem County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Carneys Point 12-22-1982 by Ord. No. 364. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 212.

§ 94-1 Applicability.

All fences erected in the Township of Carneys Point shall be subject to the following requirements.

§ 94-2 Permit required; exceptions.

[Amended 2-19-2014 by Ord. No. 888]
A fence permit issued by the Zoning Officer's office shall be required prior to the erection of any fence, except a living fence, in the Township. The term "fence" shall include walls not part of other structures but shall not include temporary planting enclosures intended for weather protection. Except where specifically provided herein, none of the restrictions or provisions shall apply to living fences. A construction permit is required for pool fences and fences exceeding six feet in height pursuant to the Uniform Construction Code, N.J.A.C. 5:23-2.14(a)9.

§ 94-3 Applications.

[Amended 2-19-2014 by Ord. No. 888]
Application for such fences shall be made in writing to the Zoning Oficer's office of the Township of Carneys Point and shall set forth the following information:
A. 
The owner and address, including block and lot number, of the premises where the fence is to be erected.
B. 
A description and specification of the fence, including size, height, dimensions, material and percentage of openings.
C. 
A sketch or plan of the fence.

§ 94-4 Fees.

The fee for such permit shall be $5 for each $1,000 of the cost of such fence for single-family residential applications, the minimum fee to be $5; $10 for each $1,000 of the cost of such fence for commercial applications, the minimum fee to be $10; and $5 for each $1,000 of the cost of such fence for industrial applications, the minimum fee to be $25.

§ 94-5 Height restrictions.

No fence erected on or around a residential lot or parcel of land shall exceed six feet in height. No fence erected on or around a commercial or industrial lot or parcel of land shall exceed eight feet in height, Preconstructed fences must be installed as close to the ground as possible. The total height of the fence will not include any slight undulation of the ground, provided that 80% of the fence does not exceed the maximum height as specified herein.

§ 94-6 Front yards.

No fence shall be erected in a front yard of any lot in a residential district or along a public right-of way unless the fence is not more than 50% solid and is not more than 48 inches in height.

§ 94-7 Prohibited types; exceptions.

A. 
The following fences and fencing materials are specifically prohibited: barbed-wire fences, short pointed fences, can vas fences, cloth fences or electrically charged fences, poultry netting, temporary fences, such as snow fences, expansible fences arid collapsible fences, except during construction on such property. This section shall not apply to agricultural or livestock uses where currently permitted,
B. 
Exception. In commercial or industrial zones, not more than four strands of barbed wire may be added to the top of a fence which is a minimum of six feet in height.

§ 94-8 Construction standards.

All fences shall be erected with the face or finished side away from the property and the structural side toward the interior of the property. Fence gates shall have a latch and shall open into the property and not onto the sidewalk, street or other adjacent property.

§ 94-9 Living fences.

A. 
Living fences or screens shall be planted no closer than four feet to the property line and shall not encroach over a sidewalk or beyond a property line. Living fences shall be maintained in a neatly trimmed condition.
B. 
Living fences shall not be a hazard at any intersection, street or entry so as to prohibit the line of sight of the motorist or any vehicle operator. Living fences shall not exceed four feet from the house setback and across the front of the house and return to the house setback; in case of a house on a corner lot, the two frontages of the streets will not exceed four feet in height. From the house setback to the rear of the property and across the back of the property, the living fence shall not exceed eight feet in height.

§ 94-10 Obstruction of drainage prohibited.

Fences shall be erected in a manner as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

§ 94-11 Waiver of height restrictions.

Fences higher than eight feet, such as those required around a tennis court, may be permitted in a residential district by the Zoning Board of Adjustment. However, such a fence will be considered a structure requiring a building permit and shall meet minimum side and rear yard requirements for an accessory building. For fences required around a swimming pool, see Ordinance No. 315.[1]
[1]
Editor's Note: See Ch. 260, Swimming Pools, Public.

§ 94-12 Distance from property line.

No fence shall be erected less than four inches from the property line without the approval of the adjacent property owner submitted in writing with the application for a fence permit, and in no event shall a fence extend beyond a property line.

§ 94-13 Maintenance.

Every fence shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Building Construction Official. Any fence in existence upon passage of this chapter may continue in existence without compliance with this section, except that the fence shall be kept painted, where applicable, and in good repair as deemed by the Housing Officer or member of the Construction Official's office.

§ 94-14 Notice and order to repair or remove.

[Amended 2-19-2014 by Ord. No. 888]
If the Zoning Officer, upon inspection, determines that any fence or wall, or portion of any fence or wall, is not being maintained in a safe, sound, upright condition, he or she shall notify the owner of such fence, in writing, of his or her findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 30 days of the date of the written notice. Each day that the person fails to obey the order referred to above shall constitute a separate violation of this order.

§ 94-15 Violations and penalties.

[Amended 5-20-1985 by Ord. No. 393]
Any person violating any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or by imprisonment for a term not to exceed 90 days, or both.