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.
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).
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).
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).
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).
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).
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).
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.
[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.