The following provisions govern the erection and maintenance of fences in all districts.
A.
Fences shall not be governed by setback requirements for accessory structures.
B.
No solid fence shall be erected in a required front yard area in any zone district in the Borough of Middlesex. However, on a corner lot or a through lot, only the street frontage to which the front entrance is oriented shall be considered a front yard area. The remaining yard area abutting a street may be fenced with a solid fence not exceeding six feet in height, but no fence may be erected in any portion of the Borough's right-of-way, and all fences must be located on or within the boundary line. This subsection shall not preclude a property owner from replacing an existing side yard fence, although the existing side yard fence may be constructed in the Borough's right-of-way. For purposes of this section, a "solid fence" shall be defined as a fence in which less than 50% of the area is open.
[Amended 10-21-1986 by Ord. No. 1085; 6-29-1993 by Ord. No. 1285]
C.
Open fences not exceeding four feet in height may be erected in a required front yard area in a residential district. Open or solid fences not exceeding six feet in height may be erected in a required side or rear yard area in a residential district. However, where a residential use abuts a nonresidential use, said fence may extend eight feet in height. Open or solid fences erected in a required side yard may not be erected beyond the front yard setback line.
[Amended 6-29-1993 by Ord. No. 1285]
D.
Open fences not exceeding eight feet in height may be erected in the required front yard area of a nonresidential use. Open or solid fences not exceeding eight feet in height may be erected in a required side or rear yard area in a nonresidential use. Solid fences erected in a required side yard may not extend beyond the front yard setback line.
[Amended 6-29-1993 by Ord. No. 1285]
E.
All pools, except for those pools equipped with fences above the top level of the pool, shall be surrounded entirely by a fence between four feet and six feet in height. However, one side of the dwelling may serve as part of the enclosure. Solid fences may be erected, provided that the dwelling serves as part of the enclosure in such a manner so as to provide visibility to the pools.
F.
The side of the fence that shall face the exterior property boundary shall be finished. The unfinished side of a fence has all the support columns, posts, beams, brackets and/or hardware exposed. In the event of two-sided fences, where both sides of the fence are identical in appearance, the columns and posts shall be installed between each fence section. In the event a fence is attached to a column or post in a manner so as to allow that three sides of the column or post (or more than 25%) are visible, then this installation shall be deemed to have only one finished side.
[Amended 10-27-2015 by Ord. No. 1882]
G.
All fences shall be maintained in a safe, sound and upright condition.
H.
No fence or wall over two feet in height shall be permitted on a corner lot within a designated sight triangle. No solid fence or wall shall be permitted within a designated sight triangle.
[Amended 6-29-1993 by Ord. No. 1285]
I.
Electrically charged fences are specifically prohibited in all districts. However, barbed wire or similar fences may be permitted in CLW and IND Zones, provided that said fence is not located within a required front yard area, and further provided that the barbed wire is not located below a height of eight feet.
[Amended 6-29-1993 by Ord. No. 1285]