Borough of Fair Lawn, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by Council of the Borough of Fair Lawn as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 125.
[Adopted 5-26-1998 by Ord. No. 1727-98]
Notwithstanding any other provisions in the Borough Code to the contrary, the replacement or supplementing of an existing fence or fences on privately owned property shall not require municipal board approval, provided that the following conditions are met:
A. 
No other changes whatsoever, of any kind, are being made to the property on which the fence is located.
B. 
The size and height of the new fence shall not exceed the size and height of the existing fence.
C. 
The location of the new fence shall be within four inches of the existing fence, including stakes, posts and slats.
D. 
All fences must be erected within the property lines with the finished side facing the street or adjoining property and no fence shall be erected so as to encroach upon a public right-of-way. All posts used in relationship with the fence shall be on that side of the fence most interior to applicant's property.
E. 
The existing fence has been approved by a municipal board, as part of a previous development application, or conforms with the existing provisions of the borough's Code.
F. 
The applicant provides a brief description and/or depiction of the replacement fence.
G. 
The applicant's payment of the appropriate fee for the building permit relating to this application shall be the fee for the handling and processing of the application.
H. 
The applicant seeking to replace an existing fence certifies to the foregoing conditions in writing to the Borough Construction Official.
I. 
The new fence shall conform with all federal, state and municipal ordinances, rules and regulations with the exception that if the location of the existing fence is the result of the grant of a variance, the new fence shall be permitted to be placed in the same location or pursuant to Subsection C above.
J. 
The procedures set forth in this article shall only apply if the new fence is substantially constructed of wood.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article III.
[Adopted 11-10-1998 by Ord. No. 1740-98]
A. 
New fences. All fences shall be erected within the property lines of the premises with the finished side facing the street or adjoining property, and no fence shall be erected so as to encroach upon a public right-of-way. All posts used in relationship with the fence shall be on that side of the fence most interior to the owner's property.
B. 
Exceptions. Any premises whose rear property line abuts State Highway 208 shall be exempt from the requirements of this article and shall have the option of erecting a new fence along the rear property line of the premises with either the finished side facing the highway or the interior of the premises and by having the posts on the side of the fence most exterior or interior to the owner's property.
The exception for properties abutting State Highway 208 as set forth above in § 97-3B shall also apply to all existing fences that are either to be repaired or replaced pursuant to Article I of this chapter (Ordinance No. 1727-98).
The exception as set forth herein with respect to properties whose rear property line abuts State Highway Route 208 shall not be deemed a waiver of any other rights with respect to the erection, maintenance or repair of fences.
All applications for erection, repair or replacement of fences which request encroachment upon a public right-of-way shall be made to the Borough Manager, who shall review them for compliance with all applicable borough ordinances. If the Borough Manager certifies that the application is in compliance, the matter shall be placed on the next scheduled regular Council meeting or as soon thereafter as the matter may be considered for the adoption of a resolution authorizing the Mayor and Municipal Clerk to execute an appropriate license agreement in a form to be approved by the Borough Attorney. In the event the Borough Manager determines that the application is not in compliance with appropriate borough ordinances or should be denied for other reasons, the matter shall be placed on the next scheduled regular work session of the Council or as soon thereafter as the matter can be reached.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, General Provisions, Article III.