[Added 10-1-2003 by Ord. No. 03-14-1273]
[Amended 6-20-2018 by Ord. No. 18-14-1526]
A. A fence permit shall be issued by the Construction Official upon
approval of a zoning application.
B. No fence erected on or around a residential lot or parcel of land
shall exceed four feet in height above average grade. Pre-constructed
fences of approved height must be installed as close to the ground
as possible. The total height of the fence will not include any slight
undulations of the ground, provided that 80% of the fence does not
exceed the maximum approved height. No fence shall be installed on
a berm or swales and shall be measured from finished grade. No fence
shall be installed on a wall (except a retaining wall) making the
overall height higher than the approved height for that location and
shall not block water from natural runoff.
C. No fence shall be erected in the front yards of a standard or corner lot in any residential district unless the fence is at least 75% open, not greater than 48 inches in height above finished grade and meets §
275-44A. Fencing in the rear of a corner lot which is considered a front yard shall be allowed to be a solid four-foot fence with the approval of the Construction Official. Fencing must be painted in only one color, harmonious with the surrounding area and must not have oversized posts or columns unless approved by the Planning Board or calculated into the impervious coverage calculations. All driveway gates must be set back a minimum of 25 feet from the roadway, shall not exceed an additional 50% of the approved adjoining fence height and shall not act as a part of a pool barrier system. Fences must be constructed with the finished side away from the applicant's property.
D. Fences shall be installed to permit flow of natural drainage and
shall not cause surface water to be blocked or dammed to create ponding.
E. Fences higher than six feet, such as those required around a tennis court, shall comply with §
275-10.1E, and may be permitted in a residential zone by the Zoning Board of Adjustment.
F. Living fences or screening shall be planted no closer than three feet from the center of the plant to the property line. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with corner lots as per §
275-44A. No living fence shall be planted within 25 feet of the roadway along the edge of any driveway or parking lot entering the roadway or an intersection.
G. The following fences and fencing materials are prohibited: barbed
wire fences, short pointed fences, canvas, cloth, electrically charged
fences, poultry netting, bamboo fencing, temporary fences such as
snow fences, expandable fences and collapsible fences, at any location
of the lot upon which dwelling or structure is situated. All fences
must be set back from the intersection of two roadways a minimum of
30 feet.
H. Swimming pools now or hereafter constructed shall be enclosed by
a substantial fence no less than 48 inches in height with a latch
at 54 inches from grade and shall have the gate swinging away from
the pool. All swimming pool barriers and safeguards shall comply with
the International Swimming Pool and Spa Code.
I. No fence shall be closer than 10 feet to any street even if the property
line is closer than 10 feet. No fence shall be erected in the Borough
right-of-way.
J. No fence permit shall be issued by the Construction Official until
the applicant provides the Construction Official with a set of plans
or description of the proposed fence and sketch or survey showing
the location of the fence. The proposed fence shall be constructed
in conformity with the plans or description and shall be located as
shown on the sketch or survey. If the Construction Official, upon
inspection, determines that any fence has not been constructed according
to the plans or description or has not been located as shown on the
sketch or survey, he shall notify his findings and order such fence
to be constructed according to the plans or description. Such owner
shall either remove the fence or comply with the order of the Construction
Official within 10 days of the receipt of the written notice. Each
day the owner fails to obey the order referred to above shall constitute
a separate violation of this chapter.
K. Fences not over six feet in height may be erected along the rear
lot line (in no case not any closer than 25 feet to any street on
a corner lot) and along the side lot lines for a distance from the
rear lot line to a point 90° off the side lot line to the rear
corner of the principal structure. The adjoining fence from the side
lot line to the rear corner of the primary structure shall be four
feet solid with a gate at both sides. If the four-foot fence is any
closer to the front of the primary structure, it shall be 50% open.
For an irregular lot, the Construction Official shall determine the
distance and location.
L. During construction on such property, a temporary safety fence permit
may be issued for a fee of $50 from the Construction Official. During
construction on such property, a silt fence (not regulated by Bergen
County Soil Commission) shall be installed downgrade of all stockpiled
soil, at the lowest grade of the property and along the curb line
until finished grade is created. It must be installed prior to the
day of excavation. Neglecting to do so will result in a $500 fine
with a $250 reoccurring fine if the neglect continues.