[HISTORY: Adopted by the Mayor and Council of the Borough of Montvale 8-13-2002 by Ord. No. 2002-1182[1] (Ch. 39 of the 1966 Code). Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Figures 1 - 8
[1]
Editor's Note: This ordinance also repealed original Ch. 39 of the 1966 Code, Fences, adopted 9-11-1979 by Ord. No. 79-701.
It is the intended purpose of this chapter to regulate the construction and location of fences within the Borough of Montvale and to provide for the issuance of a permit therefor upon application and the payment of a fee.
A. 
Word usage. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular.
B. 
Certain words in this chapter are defined for the purpose thereof as follows:
FENCE
Includes any substantially vertical structure, wall or appurtenance, regardless of material composition, but excluding vegetation, whether supported by a foundation, footing, piling, stake, post, or aboveground member or self-supporting, intended as a barrier to prevent escape or intrusion, to mark a boundary or the proximity thereof, to ensure privacy or to act as a support for vegetation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
PERSON
Includes any individual, partnership, association, corporation or other entity.
STRUCTURE
Any arrangement of independent parts organized for any of the purposes included within the definition of "fence," whether self-supporting or supported by above- or below-ground entities.
Fences shall be permitted to be constructed subject to the following conditions and provided that the construction does not violate any of the other provisions of the chapter.
A. 
No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.
B. 
The face or finished side of a fence or wall shall face the adjacent property or street.
C. 
No fence or wall shall be constructed with barbed wire, metal spikes or other such dangerous material or constructed in such manner as to be dangerous to animals or humans, nor shall any fence be constructed of electrified wire.
D. 
Al] fences shall be within property lines. No fence shall encroach upon a street. (Figure 4).[1]
[1]
Editor's Note: Figure 4 is included as an attachment to this chapter.
E. 
Every fence shall be maintained in a safe, sound and upright condition and shall be subject to the inspection of the Building Department.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Fences in floodplains shall conform to the recommendations of the Borough Engineer.
G. 
No fence shall be erected within 10 feet of any front yard property line or 20 feet of the edge of pavement of any street (On a corner lot, both yards shall be treated as front yards.) (Figure 4).[2]
[2]
Editor's Note: Figure 4 is included as an attachment to this chapter.
H. 
No fence shall be constructed of woven, interwoven or laced plastic material.
I. 
If the Building Department, upon inspection, shall determine that any fence, or portion of any fence, is not being maintained in a safe, sound, upright condition, it shall notify the owner of the lot, in writing, of its findings and order such fence or portion of such fence to be repaired or removed within 15 days from the date of such written notice to the owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The maximum height for fences provided under this chapter shall be four feet, unless otherwise provided.
Fences up to six feet in height shall be permitted in the following situations, provided the general regulations of this chapter are complied with by the applicant.
A. 
In the rear or side yard (counted as front yard) of any property (where said lot line abuts the roadway) abutting a county roadway (Figure 5).[1]
[1]
Editor's Note: Figure 5 is included as an attachment to this chapter.
B. 
On the rear or side property lot line of any property abutting a commercial property or use or abutting the Garden State Parkway (Figure 6).[2]
[2]
Editor's Note: Figure 6 is included as an attachment to this chapter.
C. 
In the rear or side yard of any property bounded on two sides by roadways that intersect at the boundaries of the property, where said yard abuts the road. (Figure 7).[3]
[3]
Editor's Note: Figure 7 is included as an attachment to this chapter.
D. 
Nothing contained in this chapter shall prevent the erection of an open wire fence not exceeding eight feet above ground level, on any public property or public school property.
E. 
On the rear or side property line (counted as front yard) in any residential zone, a side yard fence may not encroach into the front yard past the front foundation wall of the primary residential structure. (Figure 8).[4]
[4]
Editor's Note: Figure 8 is included as an attachment to this chapter.
F. 
Tennis court fences may be 10 feet in height.
G. 
Fences surrounding swimming pools shall conform to Chapter 472, Swimming Pools, and may not exceed the height limits herein set forth.
H. 
Fences constructed on berms shall conform to Chapter 400, Zoning.
I. 
In addition, a fence as herein defined may be constructed on any property as an accessory structure to a permitted nonresidential use in any zoned district other than residential districts to a height not more than eight feet, upon application as above provided for and upon a further application to the Planning Board in accordance with Chapter 65, Land Use Procedures, of the Code of the Borough of Montvale, as the same may be from time to time amended and supplemented, under the following conditions:
(1) 
The exterior of any such fence area shall be screened by natural vegetation to a minimum height of four feet when planted and a minimum height of eight feet at maturity.
(2) 
No fence shall be located closer to the property than the minimum yard distance required as prescribed for the establishment of parking facilities.
(3) 
No such fencing shall be permitted in the front yard.
A. 
No fence shall be constructed except upon application to the Building Department, the payment of a fee and the issuance of a permit.
B. 
The application shall include a copy of a survey, a statement as to the height and location of the fence, the method to be employed in its support and the materials used in its construction. In addition, the applicant shall advise the Building Subcode Official as to the date on which said fence is to be constructed in order to provide for the inspection thereof.
[Amended 11-14-2017 by Ord. No. 2017-1432; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
For fence permit fees, see § 170-11F.
Any person who shall violate, permit, allow or suffer to be violated any provision of this chapter shall be subject to a fine of not more than $100 for the first violation and not more than $200 for each succeeding violation. For the purpose of this chapter, each day that a violation remains in effect may be considered a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If any section, subsection, paragraph, subdivision, sentence, clause, phrase or provision of this chapter shall for any reason be held unconstitutional or invalid, such adjudication shall apply only to the section, subsection, paragraph, subdivision, sentence, clause, phrase or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective. This chapter, when effective, shall replace and repeal original Chapter 39 of the 1966 Montvale Code and any other section or part inconsistent herewith.
This chapter shall take effect immediately after passage and publication according to law.