[HISTORY: Adopted by the Mayor and Council of the Borough of Prospect Park 8-11-2003 by Ord. No. 2003-8; amended in its entirety 10-31-2011 by Ord. No. 2011-16. Subsequent amendments noted where applicable.]
It is the purpose of this chapter to prevent safety hazards created by fences which obstruct the view of motorists, to protect the public from unsound or improperly maintained fences, to maintain and improve upon the appearance of the community.
As used in this chapter, the following terms shall have the following meanings:
FENCE
An artificial constructed barrier of wood, masonry, stone, wire, metal or other manufactured or natural material (including shrubbery hedges) or combination of materials erected for the enclosure of land and/or dividing one piece of land from another.
FRONT YARD
An open, unoccupied space (unless occupied by a use or structure permitted by this chapter or other Borough regulation) extending across the full width of any lot and lying between the street right-of-way and the nearest building on such lot.
RECREATIONAL FACILITY ENCLOSURE
A fence that encloses tennis courts, basketball courts, handball courts and other recreational areas, which are substantially similar and which are designed to contain balls and other objects.
A. 
General regulations.
(1) 
Fences shall be permitted in front, side and rear yards.
(2) 
No fence shall be located on any property in any way which hampers or inhibits the line of sight at street corners or intersections, or at intersections of driveways and parking area access with streets.
(3) 
Fences which may present a danger or hazard to the public welfare are prohibited.
(4) 
No fence shall be located in the Borough right-of-way.
(5) 
All fences must comply with all Department of Environmental Protection Regulations and current BOCA Construction Codes.
(6) 
In all front yards of any residential lot, and on lots in any other zone on which residential properties are erected, no fence shall exceed four feet as measured perpendicularly from the highest point along the fence to the height of the grade of the front of the property.
(7) 
In all back and side yards of any residential lot, and on lots in any other zone on which residential properties are erected, no fence shall exceed six feet as measured perpendicularly from the highest point along the fence to the height of the grade of the property.
(8) 
Along boundaries of a residential district, a fence or wall in a nonresidential rear or side yard may be erected to a height of six feet to screen nonresidential activities from the view of abutting residences.
(9) 
In the event that both sides of a fence or freestanding wall are not identical, the finished/preferred side shall be required to face the street and/or abutting properties, as applicable. The "finished/preferred side" is defined as the side which best conceals fence posts, rails and other supporting parts, and/or which is painted, stained, coated when only such side is so treated.
(10) 
All fences shall be symmetrical in appearance, having posts separated by identical distances and fencing conforming to a definite pattern, kept free from peeling paint and maintained in good appearance and clean condition.
(11) 
All fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.
(12) 
No fence over four feet shall be erected within 10 feet of the curb, 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.
(13) 
It shall be the sole responsibility of each property owner maintaining or erecting a fence rather than the Borough to assure that fences do not encroach on neighboring lines.
(14) 
All fences 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.
(15) 
Recreational facility enclosure shall be exempt from the within requirements, except that said fence shall not exceed 12 feet in height above ground level and shall not be closer than 15 feet of any property line
B. 
Maintenance standards. Every fence shall be maintained in a safe, sound, upright condition in accordance with the approved plan on file with the Building Inspector. Failure to maintain the fence and/or planting, after notice of such failure to maintain the fence has been given from the Building Inspector, may cause the Building Inspector to order fining in accordance with Borough ordinances and removal of the fence, wall or planting at the owner's expense.
No fence shall be erected within the Borough without a permit. Applications for fence permits shall be made, in writing, to the Building Inspector of the Borough of Prospect Park in a form approved by the Building Inspector and shall include but not be limited to the following information:
A. 
Name and address of owner, and address of premises where the fence is to be erected (if different).
B. 
A description and specification of the fence, including size, height, color, dimensions, materials, gate detail (including locking or latching mechanisms) and percentage of opening in fence.
C. 
The fee for such permit shall be $50.
[Amended 9-24-2018 by Ord. No. 2018-6]
A. 
If the Building Inspector, upon inspection, determines that any fence or portion of any fence has not been or is not constructed or maintained in compliance with the restrictions set forth in the Code of the Borough of Prospect Park, the Building Inspector shall notify the owner of such fence, in writing, and state briefly the reason or basis for such findings and order such fences or portions thereof to be repaired or removed within 30 days from the date of the written notice.
B. 
Any person who violates any provision of this chapter shall be liable to the provisions stated in Chapter 1, Article II, General Penalty.
Any person wishing to appeal the decision of the Building Inspector with regard to either granting a permit allowing for the construction of a fence or denying a permit application seeking approval to construct a fence shall be given the right to appeal that decision to the Zoning Board of Adjustment of the Borough of Prospect Park.
A. 
All standards and regulations of fences promulgated hereunder shall apply to both new and preexisting fences, except that all preexisting fences which were subject to approval of a variance or approval by the Zoning Board of Adjustment or Planning Board of the Borough of Prospect Park shall be considered permitted nonconforming preexisting uses.
B. 
All regulations delineated in § 177-3 of this chapter shall be conformed to immediately.