As used in this article, the following terms
shall have the meanings indicated:
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.
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.
No fence shall exceed six feet in height above the
normal grade elevation. However, between the building and front property
line, if an interior lot, and, between the building and front and
side street property line, if a corner lot, no fence over three feet
above the normal grade shall be erected except that fences around
swimming pools may be up to four feet above the normal grade. On corner
lots, between the building and side street property line, no fence
over four feet above the normal grade shall be erected.
[Amended 5-8-2000 by Ord. No. 710-00]
B.
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.
C.
No fence over three feet in height shall be erected
within 10 feet of the curbline, and no fence, shrub, bush or tree
shall be erected, planted or permitted to grow in a way that shall
encroach on any public right-of-way.
D.
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.
E.
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.
F.
The following fence materials are prohibited except
around vegetable or flower gardens: barbed wire, pointed materials
(except as used in picket or stockade fences), cloth (except to protect
shrubbery or bushes), electrically charged materials, and poultry
netting or chicken wire.
G.
All fences shall be constructed and maintained in
a safe, sound, sturdy and upright condition.
H.
Fences which are painted shall be painted in only
one color, harmonious with the surrounding area. Multicolored fences
are prohibited.
I.
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.
J.
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.
A.
In addition to the other requirements of this article,
no fence more than three feet in height and 500 continuous feet in
length in one direction, nor any fence which extends an existing fence
more than three feet in height and 500 continuous feet in length in
one direction, may be erected without the issuance of a resolution
of approval by the Old Tappan Planning Board as a conditional accessory
use/structure. A fence shall be considered continuous if pedestrian
access is blocked or inhibited for the entire length of the fenced
area, regardless of the existence of a gate.
B.
An application to the Planning Board under this section
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 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.
C.
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.
D.
The Board shall conduct a hearing on notice, pursuant
to the provisions of N.J.S.A. 40:55D-12 (provided, however, that no
notice by publication in the official newspaper of the municipality
shall be required), and shall approve the application, provided that
the proposed fence or fences as extended meets all of the requirements
of this article and that same does not have a substantial negative
impact on the desirable visual environment of the neighborhood in
which the subject property is located. In connection with its review,
the Planning Board may condition any such approval on modifications
which it deems appropriate to reduce or eliminate any negative impact
on said desirable visual environment of the neighborhood.
E.
The Planning Board shall approve, deny or modify any
such application filed hereunder within 95 days of submission of a
complete application by the applicant, unless such period for review
and action is extended by mutual consent of the applicant and the
board.
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]
A.
Planning Board approval required. Fences higher than
six feet, such as those required around a tennis 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.
[Amended 1-21-2014 by Ord. No. 1064-13]
Fences erected in connection with private swimming pools in
residential zones shall separately comply with all the applicable
requirements of the Uniform Construction Code.
All fences in nonresidential zones shall be
subject to site plan approval by the Planning Board.
[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.
