As used in this article, the following terms
shall have the meanings indicated:
FENCE
A substantially vertical structure, regardless of material
composition, designed to provide a barrier or demarcation point on
real property, to prevent escape or intrusion, to ensure privacy or
to serve as a support for vegetation. Unless otherwise provided herein,
shrubbery, bushes, trees and other landscaping shall not be considered
a fence; nor shall a retaining wall be considered a fence.
[Amended 8-16-2004 by Ord. No. 852-04; 1-21-2014 by Ord. No.
1064-13]
A. No fence shall be constructed or erected, or replaced in a residential
zone except upon the filing of an application to the Code Official,
the payment of the required fee provided for hereunder and the issuance
of a permit.
B. An application for a fence permit shall state:
(1) The name of the owner of the property;
(2) The lot and block number and the street address of the property;
(3) A description of the fence to be erected including type or style,
length and height, materials to be used in its construction and the
area of the lot or property which will be enclosed by the fence;
(4) There shall also be submitted as part of the application a survey
or plot plan of the applicant's property showing the proposed location
of the fence and the height of the fence. If the height of the fence
is not uniform throughout its length, the height of the different
sections or segments of the fence shall be marked. If available, the
applicant shall also submit a photograph, brochure or other pictorial
representation of the type of fence to be erected.
C. At the time of filing of the application and prior to the issuance
of a permit, the applicant shall pay a fee of $40 for a zoning review.
D. Upon filing of an application for a fence erection permit, the Code
Official shall examine the application, and if the proposed fence
complies with all requirements of this chapter and all other laws
and ordinances of the Borough, a fence erection permit shall be issued.
The applicant shall erect the fence within six months of the issuance
of the permit. If the fence is not erected within that time, the permit
shall expire and become null and void.
E. The proposed fence shall be constructed in conformity with the plans
or description and shall be located as shown on the submitted survey.
If the Code Official, upon inspection, determines that the fence has
not been constructed according to the plans or description or has
not been located as shown on the survey, he shall notify the property
owner in writing and shall order such fence to be constructed according
to the plans submitted or shall order the fence to be located as shown
on the survey, as the case may be. Upon receipt of such order, the
owner shall, within 10 days thereof, either remove the fence or make
it comply with such order. Each day the owner fails to comply with
the order referred to shall be a separate violation of this section.
[Amended 5-8-2000 by Ord. No. 710-00; 7-15-2024 by Ord. No. 1261-24]
Fences shall be permitted to be constructed and a fence erection
permit shall issue, provided that all of the following standards and
requirements are complied with and provided further that such construction
does not violate any of the other provisions of this chapter or any
other Borough ordinance. A fence permit shall be issued by the Zoning
Official upon approval of a zoning application.
A. No fence on or around a residential lot or parcel of land shall exceed
six feet in height above the normal grade elevation. Preconstructed
fences of approved height must be installed as close to the ground
as possible. The total height of the fence will not include any slight
undulations of the ground, provided that 80% of the fence does not
exceed the maximum approved height. No fence shall be installed on
a berm or swales and shall be measured from finished grade. No fence
shall be installed on a wall (except a retaining wall) making the
overall height higher than the approved height for that location and
shall not block water from natural runoff.
B. No fence shall be erected in the front yards of a standard or corner lot in any residential district unless the fence is at least 75% open, not greater than four feet (48 inches) in height above finished grade and meets §
255-44. Fencing in the rear of a corner lot which is considered a front yard shall be allowed to be a solid four-foot fence which can be installed between the house and the roadway at 90° to the back corner of the house. All driveway gates must be set back a minimum of 20 feet from the roadway, shall not exceed an additional 50% of the approved adjoining fence height and shall not act as a part of a pool barrier system.
C. No fences, shrubs, bushes, trees, or other obstructions to visibility,
except buildings in existence as of the effective date hereof, shall
be erected, planted or maintained on a corner lot within the triangular
area formed by the intersecting curblines and a straight line joining
said curblines at points 30 feet distant from the point of intersection
measured along said curblines. Any existing obstruction of this character,
which within the foregoing limits, obstructs the view of drivers or
vehicles approaching the intersection shall be removed by and at the
expense of the owners of such corner lots. Where there is no curb,
the term "curbline" shall mean the edge of pavement line.
D. No fence shall be erected within 10 feet of any street, even if the
property line is closer than 10 feet. No fence, shrub, bush or tree
shall be erected, planted or permitted to grow in a way that shall
encroach on any Borough right-of-way.
E. Any fence which is considered to have a face or front side shall
be erected so that such face or front side is placed outward from
the area being enclosed.
F. Fences shall be erected in such a manner as to permit the flow of
natural drainage and shall not cause surface water to be blocked or
dammed to create ponding.
G. The following fences and fencing materials are prohibited: firewood
stacked on a property line creating a fence, barbed wire fences, short,
pointed fences, canvas, cloth, electrically charged fences, poultry
netting, bamboo fencing, temporary fences such as snow fences, deer
fences, expandable fences and collapsible fences, at any location
of the lot upon which dwelling, or structure is situated. All fences
must be set back from the intersection of two roadways a minimum of
30 feet.
H. All fences shall be constructed and maintained in a safe, sound,
sturdy and upright condition.
I. Fencing must be painted in only one color, harmonious with the surrounding
area and must not have oversized posts or columns unless approved
by the Planning Board. Multicolored fences are prohibited.
J. All fences or walls must be erected within the property lines, and
no fences shall be erected so as to encroach upon a public right-of-way
or to interfere with vehicular or pedestrian traffic or with visibility
on corner lots.
K. No fence over three feet in height and over 500 continuous feet in length in one direction or which extends an existing fence for an aggregate of more than 500 continuous feet in one direction may be erected without the grant of a separate conditional permit by the Old Tappan Planning Board, as provided for in §
255-74 herein.
L. Living fences or screening shall be planted no closer than three feet from the center of the plant to the property line. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with corner lots as per §
255-44. No living fence, as per §
255-4, shall be planted within 20 feet to any and all roadways, along the edge of any driveway or parking lot entering the roadway or an intersection.
M. No fence permit shall be issued by the Zoning Official until the
applicant provides the Zoning Official with a set of plans or description
of the proposed fence indicated on a property survey or a site plan
showing the location of the proposed fence. The proposed fence shall
be constructed in conformity with the plans or description and shall
be located as shown on the site plan or survey. If the Zoning Official
or agent, upon inspection, determines that any fence has not been
constructed according to the plans or description or has not been
located as shown on the sketch site plan or survey, he/she shall notify
his/her findings and order such fence to be constructed according
to the plans or description. Such owner shall either remove the fence
or comply with the order of the Construction Official within 10 days
of the receipt of the written notice. Each day the owner fails to
obey the order referred to above shall constitute a separate violation
of this chapter.
N. During construction on such property, a temporary safety fence permit
may be issued for a fee of $50 from the Zoning Official. During construction
on such property, a silt fence (not regulated by Bergen County Soil
Commission) shall be installed downgrade of all stockpiled soil, at
the lowest grade of the property and along the curb line until finished
grade and stabilization is created. The fence must be installed prior
to the day of excavation. Failure to install the required fence will
result in a $500 fine with up to a $250 per day for each day the fence
is not installed.
If the applicant can clearly demonstrate to
the Planning Board that, due to peculiar conditions pertaining to
his/her property, the literal enforcement of the regulations of this
article would be impractical or would cause or create an undue hardship,
the Planning Board may, upon appropriate findings and conclusions,
grant a waiver or relaxation of the regulations hereunder as may be
necessary to alleviate such impracticality or undue hardship.
[Amended 2-19-2002 by Ord. No. 773-02; 7-15-2024 by Ord. No. 1261-24]
A. Planning Board approval required. Fences higher than six feet, such
as those required around a sports court, may be erected in a residential
zone upon application to and the grant of a variance by the Planning
Board.
B. Setback requirements. Such a fence shall comply with all side yard and rear yard requirements of this Chapter
255, Zoning.
C. Applications.
(1) Applications to the Planning Board under this section shall contain
the following information:
(a)
The name of the owner of the property;
(b)
The lot and block number and the street address of the property;
(c)
A description of the fence to be erected, including type or
style, length and height, materials to be used in its construction
and the area of the lot or property which will be enclosed by the
fence.
(2) There shall also be submitted as part of the application a survey
or plot plan of the applicant's property showing the proposed
location and the height of the fence. If the height of the fence is
not uniform throughout the length, the height of the different sections
or segments of the fence shall be marked. If available, the applicant
shall also submit a photograph, brochure or other pictorial representation
of the type of fence to be erected.
D. Fee; escrow deposit. The application shall be accompanied by the fee as provided by §
255-72C hereof. In addition, the applicant shall post an escrow deposit with the Borough in the amount of $300, to cover the Board's expenses for legal and engineering review. In the event this deposit is exhausted, the Planning Board may direct the applicant to make a further deposit.
E. Fences not over six feet in height may be erected along the rear
lot line (in no case not any closer than 25 feet to any street on
a corner lot 90° from the roadway) and along the side lot lines
for a distance from the rear lot line to a point 90° off the side
lot line to the front corner of the principal structure. The adjoining
fence from the side lot line to the front corner of the primary structure
can be six feet with a gate at least on one side. For an irregular
lot, the Zoning Official shall determine the distance and location.
[Amended 1-21-2014 by Ord. No. 1064-13; 7-15-2024 by Ord. No. 1261-24]
Swimming pools now or hereafter constructed shall be enclosed
by a substantial fence no less than 48 inches in height with a latch
at 54 inches from grade and shall have the gate swinging away from
the pool. All swimming pool barriers and safeguards shall comply with
all the applicable requirements of the International Swimming Pool
and Spa Code.
[Amended 7-15-2024 by Ord. No. 1261-24]
Fences higher than six feet, such as those required around a
sports court, shall comply and may be permitted in a residential zone
by the Zoning Board of Adjustment.
A. All fences installed in connection with such sports court shall be
open chain-link cyclone-type fencing or equal type of permanent fencing
and shall not exceed 10 feet in height as measured from the surface
of the sports court. There shall be no material inserted in or attached
to such fencing, such as wind screening, so as to obscure the sports
court.
[Amended 1-21-2014 by Ord. No. 1064-13]
Any person who shall violate, permit, allow or suffer to be
violated any provision of this article shall be subject to a fine
of not more that $500 for the first violation and not more than $500
for each such succeeding violation. For the purposes of this section,
each day that a violation remains in effect may be considered a separate
violation. The provisions of this article shall be administered and
enforced by the Code Official of the Borough.