[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.
[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 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.
