[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank as indicated in article histories. Amendments noted where applicable.]
[Adopted as Sec. 11-4 of the 1987 Revised General Ordinances]
As used in this article, the following terms shall have the meaning indicated:
- Includes any structure of any material, built, erected, constructed or maintained, in, on or upon any parcel or parcels of land and includes a gate, wall, trestle, frame of wood, iron or other inorganic material. Live fences as used in this article shall include brushes, hedges or other plant life. Solid fences as used in this article shall mean any fence which completely or almost completely obstructs the view.
No fence shall be permitted as an accessory use, excepting, however, a fence no higher than six feet and a live fence no higher than seven feet and a solid inorganic fence no higher than four feet, may be permitted or erected or maintained, provided application to build the same has first been made to the Borough Construction Official. Such application shall include the kind of materials to be used, the length and width of the fence to be erected, the location of any such fence on the land, the method and manner of construction and the purpose for which erection of the same is sought. The Construction Official shall issue a building permit for any such fence, if, in his judgment, the material, location, method and manner of construction, size and purpose of the fence show that the fence conforms generally to the standards of the zone in which it is to be erected and the provisions of this article.
In addition to the penalty provided in this article, the owners, tenants, lessees or occupants of lands in the Borough shall remove or cause to be removed or reduced to the proper location and height, any fence violating the provisions of § 349-2 of this article, within 10 days after notice by the Construction Official to remove, relocate or reduce the height of the same, which notice shall be served upon the owners, tenants, lessees or occupants of such lands in the manner hereinafter provided.
Upon the neglect or refusal of any owners, tenants, lessees or occupants of land violating the provisions of § 349-2 of this article to comply with the notice, the Council of the Borough shall, in addition to the penalty provided in this article, notify the owners, tenants, lessees or occupants of land violating the provisions of § 349-2 of this article that such fence or fences shall be removed or caused to be removed, relocated or caused to be relocated, reduced in height or caused to be reduced in height, so that the same will in all respects comply with the provisions of § 349-2 of this article. The notice shall provide that unless the fence or fences are removed, relocated or reduced in height so as to conform with this article within 20 days after the service of the notice, as hereinafter provided, the Borough Council will proceed to remove or caused to be removed, relocated or cause to be reduced in height, any fence violating the provisions of § 349-2 of this article, which notice shall be directed and served as hereinafter provided.
Notices may be served upon an owner resident of the Borough in person or by leaving it at his usual place of residence with a member of his family above the age of 14 years. If an owner shall not reside in the Borough, notice may be served upon him personally or mailed to his last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof. If the owner of the property is unknown, or service cannot for any reason be made as above directed, notice thereof shall be published at least once not less than 20 days before the proposed removal, relocation, or reduction to proper location or height, in a newspaper circulating in the Borough. There may be inserted in the advertisement notice to the owners of several different parcels of land upon which there is a fence or fences in violation of § 349-2 of this article. Notice to infant owners, or an owner or owners of unsound mind, shall be served upon their guardian. Where lands are held in trust, service shall be made upon the Trustee. Where lands are held by joint tenants, tenants in common or tenants by the entirety, service upon one of the owners shall be sufficient and deemed and taken as notice to all.
Service may be made upon tenants, lessees or occupants, either by delivering a copy of the same to such tenants, lessees or occupants personally or by leaving it at his or their usual place of residence with a member of his or their family above the age of 14 years, or by delivering the same to and leaving it with any person in charge of the premises, or, in case no such person is found in charge of the premises, by affixing a copy thereof in a conspicuous place on the premises.
Proof of service of such notice shall be filed within 10 days thereafter, with the Clerk of the Borough, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
[Amended by Ord. No. 30-76]
Fences as hereinabove defined shall be built, erected, constructed, located or maintained as follows:
Corner property. Fencing shall not exceed 2 1/2 feet in height for a distance of 25 feet back from the street corner or intersection; thereafter, a four-foot height is allowed.
Curb or street line. Fencing running parallel with street or curb shall not exceed four feet in height, except corners as noted above.
Side lines other than corner property. Fences may not exceed four feet in height for a distance of 25 feet back from the curbline thereafter, attaining a maximum overall height of six feet.
Business and industrial premises shall be permitted to build, erect, construct, locate and maintain fences and solid fences no higher than six feet and live fences no higher than seven feet around the entire premises, except at any corner or intersection where the same would obstruct the visions of oncoming traffic, no solid or live fence shall be permitted.
Barbed wire is hereby prohibited, except above six-foot wire fences.
All fences, now or hereafter built, constructed or maintained, shall be built, constructed or maintained in a safe condition and the same shall be trimmed, painted or repaired as the situation requires.
[Amended by Ord. No. 337-74]
All fences, now or hereafter built, constructed or maintained shall be built, constructed or maintained so that the construction side of the fence shall face inward to the property on which it is built and the finished side of the fence shall face outward from the property on which it is built.
[Amended by Ord. No. 337-74; Ord. No. 23-77]
For a permit for the construction of a fence now or thereafter to be built, the fee shall be $15. There shall be no fee for the construction of a fence on a residential property where the cost of labor and material construction shall be less than $50.
[Adopted by Ord. No. 2004-24 (Sec. 3-19 of the 1987 Revised General Ordinances)]
It shall be unlawful to commence any construction or reconstruction that involves any grading, disturbance or excavation of soil without first installing at the site of the work a substantial fence not less than eight feet in height, which fence shall be maintained until the construction at the site is substantially concluded. Said fence shall include privacy screening and shall enclose all boundaries of the site under construction.
This article shall not apply to construction sites involving a single structure for a one- or two-family residential building. It shall apply to all other construction sites.