[HISTORY: Adopted by the Township Committee
of the Township of Cinnaminson as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 265.
[Adopted 1-29-1959 by Ord. No. 1959-17 (Sec. 2.64 of the 1995 Code)]
Every person who owns or is in possession of
any premises on which there is situated a swimming pool, fish pond,
wading pool or any outside body of water created by artificial means
(herein referred to as "pool"), any portion of which is two feet deep
or more, shall maintain on the lot or premises upon which such body
is located and completely surrounding such body of water, a fence,
wall or other structure not less than four nor more than six feet
in height with no openings, except doors or gates, with an area greater
than 50 square inches, except that a rectangular opening having no
horizontal dimensions exceeding four inches may have a greater area.
Such fence, wall or other structure shall be
constructed of such material and in such manner as to effectively
prevent unauthorized access to the pool by children and other persons.
All gates or doors opening through the fence
or structure protecting the pool shall be equipped with self-closing
and self-latching devices not less than four feet above grade, capable
of keeping such gate or door securely closed at all times when not
in actual use.
All doors or gates shall be of such size as
to completely fill any opening in the fence or wall. The owner or
person in possession of the premises on which such swimming pool exists
shall keep such doors and gates closed and securely latched at all
times when such pool is not in use.
Nothing in this article shall apply to pools
having sides extending four feet above grade, provided that the stairs
or other means of access to the pool are effectively closed with a
gate as provided above, which shall be closed and securely latched
at all times when such pool is not in use.
Nothing in this article shall apply to portable
swimming pools with less than two feet of water.
The provisions of this article shall be in addition
to any ordinance enacted on the subject of swimming pools by the Board
of Health of the Township of Cinnaminson.
Any person, firm or corporation violating any
of the provisions of this article shall be subject to a fine not exceeding
$200 or imprisonment in the county jail for a term not exceeding 30
days, or both, in the discretion of the Judge before whom such convictions
may be had. Each day such violation shall continue shall constitute
a separate offense.
[Adopted 3-14-1990 by Ord. No. 1990-4 (Sec.
2.60 of the 1995 Code)]
The purpose of this article, which is adopted
in the exercise of the police power, is to conserve the value of property,
to encourage the most appropriate use of land and, generally, to promote
the health, moral and welfare of the inhabitants of the Township of
Cinnaminson.
This article, inclusive of all amendments and
supplements that may be in effect, may be cited as the "Cinnaminson
Township Fencing Ordinance."
[Amended 2-21-2001 by Ord. No. 2001-1]
As used in this article, the following terms
shall have the meanings indicated:
Any wall, barrier, fence or structure, not including growing
plants or trees, which encloses any part of a lot or which divides
or separates the lot or parts thereof from any part of such lot or
from any adjacent private or public property.
[Amended 2-21-2001 by Ord. No. 2001-1]
Fences, as hereinafter defined, may be erected,
constructed and maintained in the residential areas of the Township,
subject to the approval of the erection, construction and maintenance
of such fence by the Zoning Officer of the Township of Cinnaminson
on such application made to such Zoning Officer and subject to the
regulations and standards hereinafter described.
[Amended 2-21-2001 by Ord. No. 2001-1]
No fence shall be erected or constructed until
a permit for same has been obtained from the Zoning Officer, except
in those cases where the Uniform Construction Code Act, N.J.S.A. 52:27D-119
et seq. and the regulations promulgated pursuant thereto, require
same; and in which case a permit shall also be obtained from the Construction
Official. A permit to construct the fence may be granted, provided
that the provisions of this article are complied with, and provided
that the property owner submits a final survey of his property, showing
the proposed location of the fence and a description of the type of
fence to be erected.
[Amended 2-21-2001 by Ord. No. 2001-1]
The following standards and regulations shall
apply to fences hereinafter placed on residential lots:
A.
No fence shall be constructed or built in excess of
72 inches in height.
[Amended 3-21-2007 by Ord. No. 2007-6]
B.
No fence shall be fabricated, constructed or built of any material
other than wood, wire (No. 11 gauge or heavier), vinyl, brick, stone,
masonry or aluminum. All fences shall be constructed to withstand
a horizontal concentrated load of 200 pounds applied on a one-square-foot
area at any point of the fence.
[Amended 6-1-2015 by Ord.
No. 2015-4]
C.
Every fence shall be maintained in a safe, sound and
upright condition and in accordance with the approved plans on file
with the Construction Code Official.
D.
All fences must be erected within the property lines,
and no fences shall be erected so as to encroach upon a public right-of-way.
E.
The following fences and fencing materials are specifically
prohibited: barbed-wire fences, sharp-pointed fences, electrically
charged fences, snow fences used as permanent fences, expandable fences
and collapsible fences on any location on the lot upon which a dwelling
or structure is situated.
F.
On any corner lot in any residential zone, no fence
over 24 inches in height shall be erected or maintained within 20
feet of the corner property line so as to interfere with traffic visibility
across the corner or at any intersection.
G.
No fence shall be erected or constructed beyond the
front building line of the main house structure and not beyond the
setback or building on the long side of a corner lot.
Application for a fence permit must be filed
with the Construction Official.
[Amended 2-21-2001 by Ord. No. 2001-1]
Fees shall be as set forth in Chapter 265, Fees.
[Amended 2-21-2001 by Ord. No. 2001-1]
Inspections of fences will be conducted by the
Zoning Officer of the Township. In those instances, however, where
the Zoning Officer is unable to perform said inspections, same shall
be conducted by the Township's Construction Official.
[Amended 1-24-2007 by Ord. No. 2007-2]
Any person, firm or corporation violating any
of the provisions of this article shall be subject to a fine not exceeding
$200 or imprisonment in the county jail for a term not exceeding 30
days, or both, in the discretion of the Judge before whom such convictions
may be had. Each day such violation shall continue shall constitute
a separate offense.
