[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.
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.
