No building shall hereafter be erected nor shall any existing building be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be designed or used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the schedule made a part of this chapter (See §
175-57 of this chapter.) and included within the provisions for the establishment of zoning districts and the Zoning Map. (See §§
175-54 and
175-55, respectively.) No open space contiguous to any building shall be encroached upon or reduced in any manner except in conformity to the yard, lot, area, building, location, percentage of lot coverage, off-street parking requirements and such other regulations designated in said schedule and in this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of this chapter and the certificate of occupancy shall become void.
[Added 9-10-1997 by Ord.
No. 97-10-508; amended 4-14-1999 by Ord. No. 99-03-529; 4-13-2005 by Ord. No. 05-05-607; 12-10-2008 by Ord. No. 08-12-668]
A. Purpose.
(1)
In Holmdel Builder's Association v. Holmdel Township, 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985, N.J.S.A.
52:27d-301 et seq, and the State Constitution, subject to the rules
adopted by the New Jersey Council on Affordable Housing's (COAH).
(2)
Pursuant to P.L. 2008, c. 46 section 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 8.7), COAH is authorized to adopt and promulgate regulations
necessary for the establishment, implementation, review, monitoring
and enforcement of municipal affordable housing trust funds and corresponding
spending plans. Municipalities that are under the jurisdiction of
the Council and have an approved spending plan may retain fees collected
from nonresidential development.
(3)
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. Fees
collected pursuant to this section shall be used for the sole purpose
of providing low- and moderate-income housing. This section shall
be interpreted within the framework of COAH's rules on development
fees, codified at N.J.A.C. 5:97-8.
B. Basic Requirements.
(1)
The Borough of Pine Beach shall not impose development fees
on any applicant pursuant to this section until COAH has approved
the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1.
(2)
The Borough of Pine Beach shall not spend development fees until
COAH has approved a plan for spending such fees in conformance with
N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
C. Definitions.
(1)
The following terms, as used in this section, shall have the
following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share
Plan, and includes, but is not limited to, an inclusionary development,
a municipal construction project, or a 100% affordable development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established
under the Act which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in the State.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property
as permitted under N.J.A.C. 5:97-8.3.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated, as determined in accordance with sections 1,
5, and 6 of P.L. 1973, c. 123 (C. 54:1-35a through C. 54:1-35c).
GREEN BUILDING STRATEGIES
Those strategies that minimize the impact of development
on the environment, and enhance health, safety and well-being of residents
by producing durable, low-maintenance, resource-efficient housing
while making optimum use of existing infrastructure and community
services.
D. Residential development fees.
(1)
Imposed fees.
(a)
Within the Borough of Pine Beach zoning districts, residential
developers, except for developers of the types of development specifically
exempted below, shall pay a fee of 1.5% of the equalized assessed
value for residential development, provided no increased density is
permitted.
(b)
When an increase in residential density pursuant to N.J.S.A.
40:55D-70d(5) (known as a "d" variance) has been permitted, developers
may be required to pay a development fee of 6% of the equalized assessed
value for each additional unit that may be realized. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the base density for the
purposes of calculating the bonus development fee shall be the highest
density permitted by right during the two-year period preceding the
filing of the variance application.
(2)
Eligible exactions, ineligible exactions, and exemptions for
residential development.
(a)
Affordable housing developments and developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from development fees.
(b)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The fee
percentage shall be vested on the date that the building permit is
issued.
(c)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, is demolished
and replaced, or is expanded, if the expansion is not otherwise exempt
from the development fee requirement. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure. Any improvement to an existing structure of 20%
or less of assessed value of an existing structure shall be exempt
from development fee.
(d)
Structural alterations that do not increase gross floor area
of a building or structure or increase the equalized assessed value
of a property shall be exempted from paying a development fee.
(e)
Nonprofit organizations constructing residential projects which
have received tax exempt status pursuant to Section 501(c)(3) of the
Internal Revenue Code, providing current evidence of that status is
submitted to the Municipal Clerk, together with a certification that
services of the organization are provided at reduced rates to those
who establish an inability to pay existing charges, shall be exempted
from paying a development fee.
(f)
Federal, state, county and local governments constructing residential
housing shall be exempted from paying a development fee.
(g)
Residential reconstruction projects resulting from fire, flood,
or natural disaster.
E. Nonresidential development fees.
(1)
Imposed fees.
(a)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements, for all new nonresidential construction on
an unimproved lot or lots.
(b)
Nonresidential developers, except for developers of the types
of development specifically exempted, shall also pay a fee equal to
2.5% of the increase in equalized assessed value resulting from any
additions to existing structures to be used for nonresidential purposes.
(c)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvement and the equalized assessed
value of the newly-improved structure, i.e. land and improvement,
at the time final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(2)
Eligible exactions, ineligible exactions and exemptions for
nonresidential development.
(a)
The nonresidential portion of a mixed-use inclusionary or market
rate development shall be subject to the 2.5% development fee, unless
otherwise exempted below.
(b)
The 2.5% fee shall not apply to an increase in equalized assessed
value resulting from alterations, change in use within existing footprint,
reconstruction, renovations and repairs.
(c)
Nonresidential developments shall be exempt from payment of
nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
"State of New Jersey Nonresidential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(d)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46 shall
be subject to it at such time the basis for the exemption no longer
applies, and shall make the payment of the nonresidential development
fee, in that event, within three years after that event or after the
issuance of the final certificate of occupancy of the nonresidential
development, whichever is later.
(e)
If a property which was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by the Borough of Pine Beach as a lien against
the real property of the owner.
F. Collection procedure.
(1)
Upon the granting of a preliminary, final or other applicable
approval, for a development, the applicable approving authority shall
direct its staff to notify the Borough's Construction Official responsible
for the issuance of a building permit.
(2)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The Construction Official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax Assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(3)
The Construction Official responsible for the issuance of a
building permit shall notify the local Tax Assessor of the issuance
of the first building permit for a development which is subject to
a development fee.
(4)
Within 90 days of receipt of that notice, the Municipal Tax
Assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(5)
The Construction Official responsible for the issuance of a
final certificate of occupancy notifies the local Assessor of any
and all requests for the scheduling of a final inspection on property
which is subject to a development fee.
(6)
Within 10 business days of a request for the scheduling of a
final inspection, the Municipal Assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
(7)
Should the Borough of Pine Beach fail to determine or notify
the developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in subsection b of section 37 of P.L. 2008, c. 46
(N.J.S.A. 40:55D-8.6).
(8)
50% of the development fee shall be collected at the time of
issuance of the building permit. The remaining portion shall be collected
at the issuance of the certificate of occupancy. The developer shall
be responsible for paying the difference between the fee calculated
at building permit and that determined at issuance of certificate
of occupancy.
(9)
Appeal of development fees.
(a)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest bearing escrow account by the Borough of Pine Beach.
Appeals from a determination of the Board may be made to the tax court
in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(b)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by the Borough of
Pine Beach. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
G. Affordable housing trust fund.
(1)
There is hereby created a separate, interest-bearing housing
trust fund to be maintained by the Borough's Chief Financial Officer
for the purpose of depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(2)
The following additional funds shall be deposited in the Affordable
Housing Trust Fund and shall at all times be identifiable by source
and amount:
(a)
Payments in lieu of on-site construction of affordable units;
(b)
Developer-contributed funds to make 10% of the affordable entrances
in a townhouse or other multistory attached development accessible;
(c)
Rental income from municipally-operated units;
(d)
Repayments from affordable housing program loans;
(f)
Proceeds from the sale of affordable units; and
(g)
Any other funds collected in connection with the Borough of
Pine Beach's affordable housing program.
(3)
If necessary, within seven days from the opening of the trust
fund account, the Borough of Pine Beach shall provide COAH with written
authorization, in the form of a three-party escrow agreement between
the municipality, the borough's banking institution, and COAH to permit
COAH to direct the disbursement of the funds as provided for in N.J.A.C.
5:97-8.13(b).
(4)
No funds shall be expended from the affordable housing trust
fund unless the expenditure conforms to a spending plan approved by
COAH. All interest accrued in the housing trust fund shall only be
used on eligible affordable housing activities approved by COAH.
H. Use of funds.
(1)
The expenditure of all funds shall conform to a spending plan
approved by COAH. Funds deposited in the housing trust fund may be
used for any activity approved by COAH to address the Borough of Pine
Beach' fair share obligation and may be set up as a grant or revolving
loan program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing nonresidential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9 and specified in the approved spending plan.
(2)
Funds shall not be expended to reimburse the Borough of Pine
Beach for past housing activities.
(3)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
Fair Share Plan. One-third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
(a)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(b)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income. The use of development
fees in this manner shall entitle the Borough of Pine Beach to bonus
credits pursuant to N.J.A.C. 5:97-3.7.
(c)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(4)
The Borough of Pine Beach may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(5)
No more than 20% of all revenues collected from development
fees, maybe expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with COAH's monitoring requirements. Legal or other fees
related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
I. Monitoring. The Borough of Pine Beach shall complete and return to
COAH all monitoring forms included in the annual monitoring report
related to the collection of development fees from residential and
nonresidential developers, payments in lieu of constructing affordable
units on site, and funds from the sale of units with extinguished
controls barrier free escrow funds, rental income, repayments from
affordable housing program loans, and any other funds collected in
connection with the Borough of Pine Beach' housing program, as well
as to the expenditure of revenues and implementation of the plan approved
by COAH. All monitoring reports shall be completed on forms designed
by COAH.
J. Ongoing collection of fees. The ability for the Borough of Pine Beach
to impose, collect and expend development fees shall expire with its
substantive certification unless the Borough of Pine Beach has filed
an adopted Housing Element and Fair Share Plan with COAH, has petitioned
for substantive certification, and has received COAH's approval of
its development fee ordinance. If the Borough of Pine Beach fails
to renew its ability to impose and collect development fees prior
to the expiration of substantive certification, it may be subject
to forfeiture of any or all funds remaining within its municipal trust
fund. Any funds so forfeited shall be deposited into the "New Jersey
Affordable Housing Trust Fund" established pursuant to section 20
of P.L. 1985, c. 222 (C. 52:27D-320). The Borough of Pine Beach shall
not impose a residential development fee on a development that receives
preliminary or final site plan approval after the expiration of its
substantive certification or judgment of compliance, nor shall the
Borough of Pine Beach retroactively impose a development fee on such
a development. The Borough of Pine Beach shall not expend development
fees after the expiration of its substantive certification or judgment
of compliance.
[Added 8-9-2017 by Ord.
No. 17-07-748]
A. If the borough permits the construction of multifamily or single-family
attached residential development that is "approvable" and "developable,"
as defined at N.J.A.C. 5:93-1.3, at a gross residential density of
six or more units per acre, the Borough shall require that an appropriate
percentage of the residential units be set-aside for low- and moderate-income
households. For inclusionary projects in which the low and moderate
units are to be offered for sale, the appropriate set-aside percentage
is 20%; for projects in which the low and moderate-income units are
to be offered for rent, the appropriate set-aside percentage is 15%.
(1)
This requirement shall apply to any multifamily or single-family
attached residential development, including the residential portion
of a mixed-use project, which consists of five or more new residential
units, whether permitted by a zoning amendment, a variance granted
by the Borough's Land Use Board, or adoption of a Redevelopment Plan
or amended Redevelopment Plan in areas in need of redevelopment or
rehabilitation.
(2)
For any such development for which the Borough's Land Use Ordinances
or an adopted Redevelopment Plan already permitted residential development
as of October 3, 2016, this requirement shall only apply if the borough
permits an increase in approvable and developable gross residential
density to at least twice the permitted approvable and developable
gross residential density as of the effective date of this Agreement.
B. When calculating the set-aside requirement for a particular site,
if the imposition of the required set-aside requirement results in
a fractional unit, the requirement shall be rounded to the next whole
number. For example, in the case of a fifteen-unit multifamily rental
development, a total of three affordable units would be required (n.b.,
15 units x 15% set-aside requirement = 2.25 affordable units required,
which is rounded to three affordable units required).
C. Nothing in this section precludes the borough from imposing an affordable
housing set-aside requirement on a development that is not required
to have an affordable housing set-aside pursuant to this section,
when such imposition is consistent with N.J.S.A. 52:27D-311(h) and
other applicable law.
D. This affordable housing set-aside requirement shall not create any
entitlement to a special dispensation or approval for a property owner
or applicant for a zoning amendment, variance, or adoption of a Redevelopment
Plan or amended Redevelopment Plan.
E. This affordable housing set-aside requirement shall not apply to
any sites or specific zones identified in the Borough's Housing Element
and Fair Share Plan or the settlement agreement between the Borough
and Fair Share Housing Center, Inc., which was signed and dated October
3, 2016. For such sites, density and set-aside standards shall be
governed by the specific standards set forth therein.
F. This affordable housing set-aside requirement shall not apply to
developments containing four or less dwelling units.
G. All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
H. Where a developer demolishes existing dwelling units and builds new
dwelling units on the same site, the provisions of this section shall
apply only if the net number of dwelling units is five or more units.
I. If the developer of the inclusionary or multifamily dwelling unit
development desires to construct less than the required number of
affordable units on site, the developer may provide a payment-in-lieu-of-construction
to the Borough. Such payments-in-lieu-of-construction shall be deposited
into the Borough's Affordable Housing Trust Fund and shall be equal
to $25,000 for each of the required affordable units that is not constructed
on site. 50% of the total dollar amount of payments-in-lieu-of-construction
must be paid prior to the issuance of the first building permit for
the development, and the balance must be paid prior to issuance of
the first certificate of occupancy for the development. The collection,
administration, and use of the payments-in-lieu-of-construction collected
shall be governed by N.J.A.C. 5:93-8 and the Borough's Development
Fee Ordinance.
[Amended 2-12-2003 by Ord. No. 03-01-573; 12-11-2013 by Ord. No. 13-11-711; 12-9-2015 by Ord. No. 15-10-734]
A. An accessory building attached to a principal building shall comply
in all respects with the yard requirements of this chapter for the
principal building. One detached accessory building limited to 15
feet in height, measured to the peak of the roof of such accessory
building, (located to the rear of the front building line of the principal
building and, if located in a side yard area, conforming to the side
yard requirements of the zone district in which it is located) shall
be permitted. With the exception of the street sides of a corner property,
an additional accessory structure of 120 square feet or less and of
12 feet or less in height shall be permitted on each lot within the
setback area, but not closer than two feet from any lot line. A shed
may qualify as the detached accessory building, thus two sheds on
a lot is permitted in lieu of a detached accessory building and a
shed.
[Amended 12-9-2015 by Ord. No. 15-10-734]
B. For the purpose of regulating the locations of accessory buildings
on corner lots and on lots situated on and fronting two parallel streets,
all portions of a corner lot or through lot which fronts on a public
street shall be subject to the front yard requirements of the zone
district in which said corner lot or through lot is located.
C. An accessory building may not be used as a dwelling or residence
and may not contain any kitchen facilities. No water or sewer utilities
shall be permitted above the ground floor level.
D. Accessory structures on undersized lots are permitted as long as
the other portions of the section are adhered to, i.e. setbacks, lot
coverage, height, without requiring a variance.
Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the borough's land subdivision
standards and accepted by the borough.
At an intersection there shall be no obstruction of vision between
a height of two feet and 10 feet above the center-line grade of the
street within the triangle defined by the first 25 feet of each of
the intersecting street lines for streets. Such triangles shall be
graded as necessary and kept clear of any building, planting or other
obstruction.
All buildings or uses shall be served by a public sanitary sewage
facility and a public water supply shall be required. A statement
from the appropriate agency controlling sanitary sewer and public
water connections shall be required in any case where such service
is not practicable. In cases where water is supplied by well and/or
sanitary sewage is treated by septic tank installations, such wells
or installations shall conform to the standard requirements of the
borough and all governmental health boards, agencies or other authorities
having jurisdiction thereof.
When a new lot is formed so as to include within its boundaries
any part of a former lot on which there is an existing building or
use, the subdivision must be carried out in such a manner as will
not infringe upon any provisions of this chapter either with respect
to any existing structure or use or any proposed structure or use.
In the case of irregularly shaped lots, the minimum lot frontage specified in the schedule contained in the provisions for the establishment of zoning districts (See §
175-57 of this chapter) shall be measured at the front lot line.
Business structures or uses shall not display goods for sale
purposes or coin-operated vending machines of any type in any location
which would infringe upon the required front yard areas specified
in this chapter.
In any residential zone within the Borough of Pine Beach, no
commercial vehicle weighing more than 4,000 pounds shall be parked
on the street overnight.
[Amended 4-8-1980 by Ord.
No. 80-03-275, 9-9-1980 by Ord. No. 80-08-280]
A. Maximum height. Except as otherwise provided for buffer strips, the
erection, alteration or reconstruction offences shall be in accordance
with the following:
(1) No closed fence is permitted in a residential front yard. No open
fence in a residential front yard shall be erected, altered or reconstructed
which is more than 36 inches in height and 50% open.
(2) Closed and open fences are permitted in residential rear and side
yards. No closed or open fence shall be erected, altered or reconstructed
in a residential rear or side yard which is more than 72 inches in
height.
(3) No fence, whether closed or open, shall be erected, altered or reconstructed in excess of 72 inches in height in a residential rear or side yard containing a swimming pool exceeding three feet in depth. (For additional provisions on this subject, see §§
155-3 and
155-9 of Ch.
155, Swimming Pools.)
(4) No fence other than an open wire fence shall be permitted in a business
or industrial zone. No fence in a business or industrial zone shall
be erected, altered or reconstructed in excess of 96 inches in height
in a rear or side yard. No fence shall be permitted in a business
or industrial zone in a front yard or forward of the building erected
on such lot.
(5) No fence other than an open wire fence shall be permitted on park,
recreation or school property. No fence on park, recreation or school
property shall be erected, altered or reconstructed in excess of 96
inches in height, except those fences enclosing outdoor tennis courts,
baseball backstops and other fences normally provided with recreation
facilities shall be open wire fences not exceeding 144 inches in height.
B. All fences, whether open or closed, must be erected within the property
line, and no fence shall be erected so as to encroach upon a public
right-of-way.
C. The following fences and fencing construction materials are specifically
prohibited in all zones of the Borough of Pine Beach: barbed wire,
fabric, electrically charged wire and broken glass surmounting a fence.
D. All supporting members of a fence shall be located on the inside
of the fence, and if erected along or adjacent to a property line,
the supporting members of the fence shall face the principal portion
of the tract of land of the property upon which the fence is erected.
E. For purposes of this section, a "closed fence" is defined as any
fence which is constructed of 50% or more solid material.
F. For purposes of this section, the height of a fence shall be determined
by measuring from the ground level.
G. Retaining walls. A retaining wall shall not extend more than one
foot in height above the natural or approved finished grade at its
top.
H. Permit required. Any fence or wall shall be subject to the issuance
of a zoning and building permit.
[Amended 4-14-1992 by Ord. No. 92-05-426]
I. Exceptions. Temporary fences, not standing or not to stand more than
three months, around construction sites are exempted from the foregoing
regulations.
J. Obstructing vision at intersections. No fence or wall shall be erected or maintained contrary to the requirements of §
175-26.
K. Fences must be maintained to be presentable from the road or a neighbor's
yard.
[Added 4-14-1992 by Ord.
No. 92-05-426]