[Ord. #255; Ord. #592; 1972 Code § 89-36; amended 9-13-2021 by Ord. No. 1110]
The intention of these requirements is to provide standards
for the protection of the health, safety and aesthetic values of adjacent
property. A fence over four feet in height shall require a building
permit.
a. No fence shall be erected within the Borough of Brielle unless a
permit for the erection of such fence shall have been obtained from
the Construction Official and/or Zoning Officer in accordance with
the requirements of this section. The fence permit application shall
further be accompanied by an accurate survey indicating the tax lot
and block upon which the proposed fence is to be located, the name
and address of the applicant, the height and location of the proposed
fence in relation to all property lines of the premises upon which
the fence is to be located and the material and type of construction
of the proposed fence. "Fence or fencing" is defined as any wood,
masonry, plastic, metal, vinyl or aluminum structure(s) or any wall,
constructed to shield, screen, or protect a lot or portion of a lot.
b. No fence which shall be constructed under this section within the
front yard setback area of any lot shall exceed four feet in height.
Any such fence constructed within the front yard setback shall be
open, that is, of a design such as chain link, post and rail or pickets.
All pickets shall be spaced at least two inches apart, and each picket
shall be no more than 3 1/2 inches in width.
c. No fence that is constructed under this section along any side or
rear property line shall exceed six feet in height.
d. Any fence to be constructed under this section shall be erected with
the finished side facing the exterior of the lot which is being enclosed
and shall be maintained in good and safe condition at all times. In
addition, where a wire, or chain link fence is to be constructed under
this section, the unfinished or cut portion of such fence shall be
installed toward the ground.
[Ord. #255; Ord. #592; 1972 Code § 89-37; amended 9-13-2021 by Ord. No. 1110]
a. At the
intersection of two or more streets no wall, fence, hedge or other
structure shall be erected to a height in excess of three feet above
curb level, nor any other obstruction to vision shall be permitted
within the triangular area formed by the intersecting street lines
at points which are 25 feet distant from the point of intersection,
measured along the street line. Trees whose branches are trimmed away
to a height of at least 10 feet above curb level shall be permitted.
b. Any fence
which shall be constructed under this section at the corner, or a
comer lot shall be placed at 45° to each sideline for a distance
of 10 feet back from the intersection of the fence line along both
street sides of the lot and shall not create a view of obstruction.
In addition, any fence constructed along the street sides of a corner
lot shall meet the requirements provided for in paragraph a.
c. No fence
shall be erected in the public right-of-way under any circumstances.
d. No fence
to be constructed under this section shall be located less than 10
feet from the pavement or cartway of any street, whether public or
private.
[Ord. #255; Ord. #592; 1972 Code § 89-38; amended 9-13-2021 by Ord. No. 1110]
a. On any
lot in any residence district, no wall or fence shall be erected or
altered so that said wall or fence shall be over six feet in height,
except tennis court fences which shall have a maximum height of 12
feet. Tennis court fences shall be restricted to open mesh material.
b. The height
limitations provided for in this section shall not be applicable to
any fence constructed in any industrial or commercial development
within the Borough of Brielle. Such fences shall be reviewed and approved
by the Borough Planning Board or Board of Adjustment.
[Ord. #255; Ord. #592; 1972 Code § 89-39]
No fence in a residential zone shall be erected of barbed wire,
or electrified or topped with metal spikes or constructed of any material
or in any manner which may be dangerous to persons or animals.
[Ord. #255; Ord. #592; 1972 Code § 89-40]
Solid architectural fences shall be required along all lot lines
except the street line for all non-residential lots where said property
lines abut residential zoning district lines. A wooden solid fence
or similar fence easily entered by emergency apparatus shall be permitted.
Such architectural fences may be made of any material which is aesthetically
pleasing and prevents the dissemination of odors, noise, debris, and
sight across the residential zoning boundary. Fences used for this
purpose shall be not less than six feet in height. Nothing in this
section prevents the use of plant materials along any lot line in
addition to the fence requirement, but plant materials cannot be substituted
for the fence. Open chain link, chain link with plastic slats, or
chain link with redwood slats shall not be considered to be an architecturally
solid fence. A wall or fence which restricts the natural flow of drainage
or causes stagnant water conditions shall not be permitted. The wall
or fence shall be ordered removed or corrected by the owner upon direction
of the Building Inspector.
[Ord. #255; Ord. #592; 1972 Code § 89-41]
In any district, walls or fences erected shall be maintained
in an aesthetically pleasing manner and any failure to do so shall
be subject to the Building Inspector's order to repair or replace
the wall or fence in order to meet the requirements of this Chapter.
[Ord. #255; Ord. #592; 1972 Code § 89-42]
There shall be a fence, not less than four feet high completely
enclosing any below-ground swimming pool and any other swimming pool
of 100 square feet of surface water area or more and which is less
than four feet above the ground. Each gate in a pool fence shall be
capable of being locked when not in use.
[Ord. #255; Ord. #592; 1972 Code § 89-43]
The finished side of all fences shall be on the outside facing
away from the lot on which it is erected. The intent of this provision
is for safety purposes to prevent easy access from neighboring property.