[Adopted 8-27-02 by Ord. No. 2002-01]
As used in this chapter, the following terms shall have the
following meanings:
An artificial barrier constructed of wood, masonry, stone,
wire, metal or other manufactured or natural material, excluding shrubbery
and hedges or combination of materials erected for the enclosure of
land and/or dividing one piece of land from another.
[Amended 9-12-06 by Ord. No. 2006-15; 10-9-07 by Ord. No. 2007-10]
A.
General regulations. Fences shall be permitted in the front, side
and rear yards, subject to the following regulations:
(1)
The height of a fence shall be no greater than four feet in the front
yard. For purposes of this section, front yard is defined as that
area of a parcel located between the road right-of-way and the front
of a structure from the right-of-way to the closest point of the principal
structure to the road right-of-way. Except that the limitation for
fence height for a flag lot is six feet however, the height limitation
of four feet shall continue to apply to a fence located along with
the width of the stem of a flag lot where the lot intersects with
a public road.
[Amended 9-8-2020 by Ord. No. 2020-10]
(2)
The height of the fence on any other portion of the parcel other
than the front yard of the parcel as defined in paragraph (1) above
shall be no greater than six feet.
(3)
All fences shall be constructed with the "good side facing out."
Fence posts used in construction of fences shall have a uniform appearance.
(4)
All fencing will be set back a minimum of three feet from the property
line. The property owner is responsible to maintain the area on the
far side of the fence by mowing or otherwise maintaining such area
as may be appropriate.
(5)
All fences must comply with all Department of Environmental Protection
Regulations and current BOCA Construction Codes.
(6)
No fence, hedge, shrubbery or planting shall be permitted on any
lot or adjacent thereto on any zone within the street right-of-way.
All trees adjoining street sidelines in all zones shall have their
branches trimmed to insure unobstructed sight lines. On any lot in
any zone, no shrubbery, planting, fence or other obstruction to vision
shall be permitted adjacent to the street right-of-way line. It is
the intention of this provision to prohibit any fence from being constructed
which would create a visual obstruction for traffic exiting or entering
the premises upon which the fence is located.
B.
Exemption of fences used for agricultural purposes and for tennis
courts. Fences used for agricultural purposes shall be exempt from
the setback requirements set forth herein and shall be permitted to
have a height of up to eight feet. Fences used for tennis courts shall
be permitted to have a height of up to 12 feet.
C.
Height determination. Height is to be measured from the average grade.
If a fence is built upon a berm, then a height calculation will include
the height of the berm so that the total height of the fence and berm
does not exceed the maximum height provision.
D.
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 Township Ordinances, and removal
of the fence, wall or planting at the owner's expense.
[Added 9-12-06 by Ord. No. 2006-15; amended 10-9-07 by Ord. No. 2007-10]
The remaining sections of Chapter 76 shall remain in full force and effect.
[Added 9-12-06 by Ord. No. 2006-15; amended 10-9-07 by Ord. No. 2007-10]
All ordinances or parts of ordinances inconsistent with or in
conflict with this Article are hereby repealed to the extent of such
inconsistency.
[Added 9-12-06 by Ord. No. 2006-15; amended 10-9-07 by Ord. No. 2007-10]
If any section, paragraph, clause or provision of this Article
shall be adjudged invalid, such adjudication shall apply only to the
section, paragraph, clause or provisions of adjudged and the remainder
of the Article shall be deemed valid and effective.
[Added 9-12-06 by Ord. No. 2006-15; amended 10-9-07 by Ord. No. 2007-10]
This Article shall take effect after publication and passage
according to law pursuant to N.J.S.A. 40:49-2.1
