[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 5-16-1967
by Ord. No. 476. Amendments noted where applicable.]
For the purpose of this ordinance, the terms used herein are defined
as follows:
Any structure, partition or hedge erected for the purpose of enclosing
a piece of land, to divide a piece of land into distinct portions or to separate
two contiguous estates and made of any material such as blocks, bricks, stones,
wood, iron, wire, plastics, etc., including a growing hedge or other similar
plants.
Any structure, partition or hedge which is constructed within the front
side or rear yard areas as defined and provided for in the Zoning Ordinance
of the Borough of Paulsboro,[1] which is above the surface of the natural level of the adjoining
lands and which exposes one side or face to the adjoining lands, street or
other public right-of-way, shall be deemed to be a "fence" and must comply
with the provisions of this ordinance.
[Added 9-17-1968 by Ord. No. 498]
A structure which is commonly called a "restraining wall," used to maintain
earth or soil in place, shall be deemed to be a "fence" and subject to the
provisions of this ordinance if it is constructed within the front, side or
rear yard areas as defined and provided for in the Zoning Ordinance,[2] if it is above the natural level of the adjoining lands and if
it exposes one side or face to the adjoining lands, street or public right-of-way.
[Added 9-17-1968 by Ord. No. 498]
One which does not have more than 10% of the space across its surface
covered by solid material, and 90% of said space can be used for viewing or
permits light and air to go through.
One made of material spread fully along its entire surface and containing
no openings therein to permit light, air or viewing.
All junkyards duly licensed shall be enclosed by a solid fence or wall
not less than six feet high.
[Amended 4-15-1975 by Ord. No. 575]
All permanent private swimming pools and all portable swimming pools
shall have fences enclosing them in accordance with the provisions of Section
11 of an Ordinance to Provide for the Construction and Regulation of Swimming
Pools adopted on September 15, 1964.[1]
It shall be the general policy of the Borough of Paulsboro to maintain
throughout the Borough a general open space, open view, country or rural atmosphere.
Any fences which may serve to prevent such an atmosphere are to be curtailed
and not permitted unless there be a compelling need for them which cannot
be met or coped with in any other manner. The exceptions to this policy are
noted herein.
A.
Solid fences not more than three feet in height above
the adjoining surface of the ground within five feet of either side of the
same shall be permitted in any areas of the Borough which are zoned residential.
B.
An open fence not more than 48 inches in height above
the adjoining surface of the ground within five feet of either side of same
shall be permitted in any areas of the Borough which are zoned residential.
[Amended 9-7-1976 by Ord. No. 594]
C.
No solid fence more than two feet high and no open fence
more than three feet high above the adjoining surface of the ground shall
be permitted in the front yard area, as defined in the Zoning Ordinance,[1] of any lot; provided, however, that a solid or open fence of not
more than six feet may be erected in any residential zone if that fence is
not erected along the front yard area of the dwelling or is not erected on
any portion of the side yard, from the front street line to the rear building
line of the dwelling.
[Amended 9-18-1984 by Ord. No. 0.10A.84]
D.
All fences constructed parallel to the side of any house
shall be at least 66 inches away from the nearest part of the side of the
house. If passage from the front or street part of the yard to the side and
rear parts of the yard in the area between any such fence and the side of
the house is to be restricted or controlled, it shall be done by a gate which
will permit immediate and easy access to the side and rear parts of the yard
in order to extinguish any fires in the house or on the premises.
E.
Unless otherwise agreed to by the adjoining owners of
lands, all fences shall be constructed within the property lines of any lot
and at least one inch therefrom.
F.
All fences shall be constructed of materials which are
new or are neatly painted, shall have no dangerous or injurious sharp points
jutting therefrom and shall have no writing thereon or posters or advertising
materials pasted thereon.
[Amended 4-15-1975 by Ord. No. 575; 9-18-1984
by Ord. No. 0.10A.84; 10-5-2004 by Ord.
No. 11.04]
The Planning Board may permit as a special use a fence not more than
six feet high in areas zoned commercial and not more than six feet high in
areas zoned for manufacturing, provided that the following conditions are
found to exist:
A.
There is something existing on the lands to be fenced
in which is dangerous to and may cause injury to children attracted thereto
or wandering thereon, or to adults who are not wary, and said condition is
permitted by law to exist thereon.
B.
It is not possible to otherwise enclose said potentially
dangerous condition or situation except at an expense much greater than by
a fence, and the fence will give adequate protection with regards to said
condition.
C.
The dangerous condition or situation does not violate
any laws of the Borough, state or federal governments, is not a temporary
one and was not created solely for the purpose of obtaining a permit for a
fence.
[Added 9-18-1984 by Ord. No. 0.10A.84]
The Planning Board may permit as a special use an open or solid fence
not more than six feet high in areas zoned residential, provided that the
following conditions are met:
[Amended 9-18-1984 by Ord. No. 0.10A.84]
All permits to erect a fence shall be issued by the Construction Code
Official. All applications for permits shall state the names of the owners
of the property, the lot and block number of the same on the Tax Map, the
street number, the zone in which it is located, the type of fence to be erected,
including length, height and materials to be used, the general part of the
lot it will enclose and whether it is a solid or open fence. A sketch may
be required if it is necessary to make the application definite as to the
location of the fence.
[Amended 9-17-1968 by Ord. No. 498; 9-18-1984
by Ord. No. 0.10A.84]
The Construction Code Official shall charge and give to the Borough
Treasurer fees for permits to erect or repair fences. All such fees shall
be calculated by the Construction Code Official in accordance with the schedule
of fees adopted by the Borough of Paulsboro in accordance with the Uniform
Construction Code.
[Amended 9-18-1984 by Ord. No. 0.10A.84]
A.
If the Construction Code Official refuses to issue a
permit for a fence, the applicant may appeal that decision to the Gloucester
County Construction Board of Appeals. Said appeal shall be taken in accordance
with the provisions of the Uniform Construction Code of the State of New Jersey.
B.
Where a zoning permit is required as part of the application
for a fence, if the Zoning Officer refuses to issue such Zoning Permit, the
applicant may appeal such decision to the Zoning Board of Adjustment in accordance
with the provisions.
[Amended 9-17-1968 by Ord. No. 498; 9-18-1984
by Ord. No. 0.10A.84]
A.
Any person who refuses or fails to comply with any order
of the Construction Code Official shall be subject to such fines and/or penalties
provided by the New Jersey Uniform Construction Code. The Construction Code
Official is hereby empowered to impose such sanctions, fines and/or penalties
as provided by law pursuant to the Uniform Construction Code.
B.
Any person who violates any other provision of this ordinance
or does any other act or thing prohibited by this ordinance may, upon conviction
thereof in the Municipal Court of Paulsboro or any court of competent jurisdiction,
be fined any sum not exceeding $200 or be confined in jail for a term not
exceeding 30 days, or both.
C.
After notification of such violations and the issuance
of an order by the Uniform Construction Code Official or any other lawful
authority to remedy the same, if the violation does not cease or is not removed
within 15 days of the issuance of said order, or such other period of time
as may be designated therein, each day's continuation of such violation
shall constitute a separate offense punishable by a like fine or penalty.
If any section of this ordinance is declared invalid by a court of competent
jurisdiction, such decision shall not affect the validity of this ordinance
as a whole or any other part thereof.
This ordinance shall become effective upon its final adoption and publication.
