Borough of Tuckerton, NJ
Ocean County
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Table of Contents
Table of Contents
[Adopted 4-20-1992 by Ord. No. 5-1992]
A. 
Permit required. No fence shall be constructed, erected, relocated or replaced without the issuance of a fence permit from the Borough Code Enforcement Official. A fee of $50 shall be charged at the time of application, and a survey of the property in question in a form acceptable to the Code Enforcement Official must be presented showing the location and type of fencing proposed to be erected.
[Amended 2-16-2016 by Ord. No. 5-2016]
B. 
Location requirements.
(1) 
Fences shall be permitted accessory in all zoning districts in the Borough.
(2) 
All fences shall be erected and located at least six inches inside of the property line of the property upon which they are to be placed; except that a fence may be erected and located fewer than six inches from the property line with the express written consent of the affected adjoining property owner, which shall be memorialized in a boundary line agreement with an attached survey, which shall be recorded in the Ocean County Clerk’s Office and a copy provided to the Code Enforcement Official.
[Amended 2-16-2016 by Ord. No. 5-2016]
(3) 
No fence shall encroach upon any public right-of-way, public easement, public property or private property other than the property which it is intended to serve.
(4) 
No fences shall be erected or located between buildings or properties in such a manner so as to impair or impede emergency vehicles or operations.
C. 
Height restrictions.
[Amended 9-5-2001 by Ord. No. 17-2001]
(1) 
Open fencing, having consistent density of no greater than 50% (so as to allow 50% of light and view through), shall not exceed six feet in height when erected and located in the rear or side yards at or behind the front building line, nor four feet in height when erected and located in the side or front yards forward of the front building line. All other more solid fending shall not exceed six feet in height and shall not be permitted to be erected or located forward of the front building line.
[Amended 5-2-2016 by Ord. No. 10-2016]
(2) 
All fences erected or located in residential zoning districts upon property adjoining or abutting a lagoon, creek, waterway, bay or other body of water shall consist of open fencing having consistent density of not greater than 45% (so as to allow 55% of light and view through), not more than five feet in height when erected and located in the rear or side yards at or behind the front building line nor four feet in height when erected and located in the side or front yards forward of the front building line.
(3) 
On corner properties, fences forward of the building lines on both intersecting streets shall have a fifty-percent density, shall not exceed four feet in height and shall meet the requirements of § 210-10E.
[Amended 5-2-2016 by Ord. No. 10-2016]
D. 
Structural limitations.
(1) 
All fences shall be constructed with the face or finish side toward the exterior of the property, with the structural supports toward the interior of the fence and property upon which it is constructed.
(2) 
No fence shall be constructed with barbed wire, canvass cloth, sharp points, electrified parts or any other dangerous or hazardous members, nor shall any fence be constructed of collapsible or expandable material.
(3) 
Fences shall be constructed in a proper manner so as to permit the free flow of natural drainage, without blocking, obstructing, damming or ponding surface water on any contiguous or adjoining area.
(4) 
Every fence shall be maintained in a safe, sound and upright condition. If any fence or portion of fence is not being so maintained, the owner shall be notified, in writing, to repair or remove such fence within 30 days of the date of the written notice.
(5) 
No fence shall be permanently attached to an existing structure, but rather all fences must be terminated at a post.
E. 
Visibility at intersections. No solid fence, wall, hedge or other structure or planting more than 2 1/2 feet in height shall be erected or located within the triangular area formed by the intersecting street lines and a straight line adjoining said street lines at points which are 25 feet distant from the point of intersection measured along said street lines.
F. 
Variance. Any interested party seeking relief from the requirements of this section may apply for a variance therefrom in accordance with the land use procedures established by this Code and the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.