As used in this article, the following terms shall have the meanings indicated:
FENCE
A substantially vertical structure, regardless of material composition, designed to provide a barrier or demarcation point on real property, to prevent escape or intrusion, to ensure privacy or to serve as a support for vegetation. Unless otherwise provided herein, shrubbery, bushes, trees and other landscaping shall not be considered a fence; nor shall a retaining wall be considered a fence.
[Amended 8-16-2004 by Ord. No. 852-04; 1-21-2014 by Ord. No. 1064-13]
A. 
No fence shall be constructed or erected, or replaced in a residential zone except upon the filing of an application to the Code Official, the payment of the required fee provided for hereunder and the issuance of a permit.
B. 
An application for a fence permit shall state:
(1) 
The name of the owner of the property;
(2) 
The lot and block number and the street address of the property;
(3) 
A description of the fence to be erected including type or style, length and height, materials to be used in its construction and the area of the lot or property which will be enclosed by the fence;
(4) 
There shall also be submitted as part of the application a survey or plot plan of the applicant's property showing the proposed location of the fence and the height of the fence. If the height of the fence is not uniform throughout its length, the height of the different sections or segments of the fence shall be marked. If available, the applicant shall also submit a photograph, brochure or other pictorial representation of the type of fence to be erected.
C. 
At the time of filing of the application and prior to the issuance of a permit, the applicant shall pay a fee of $40 for a zoning review.
D. 
Upon filing of an application for a fence erection permit, the Code Official shall examine the application, and if the proposed fence complies with all requirements of this chapter and all other laws and ordinances of the Borough, a fence erection permit shall be issued. The applicant shall erect the fence within six months of the issuance of the permit. If the fence is not erected within that time, the permit shall expire and become null and void.
E. 
The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the submitted survey. If the Code Official, upon inspection, determines that the fence has not been constructed according to the plans or description or has not been located as shown on the survey, he shall notify the property owner in writing and shall order such fence to be constructed according to the plans submitted or shall order the fence to be located as shown on the survey, as the case may be. Upon receipt of such order, the owner shall, within 10 days thereof, either remove the fence or make it comply with such order. Each day the owner fails to comply with the order referred to shall be a separate violation of this section.
[Amended 5-8-2000 by Ord. No. 710-00; 7-15-2024 by Ord. No. 1261-24]
Fences shall be permitted to be constructed and a fence erection permit shall issue, provided that all of the following standards and requirements are complied with and provided further that such construction does not violate any of the other provisions of this chapter or any other Borough ordinance. A fence permit shall be issued by the Zoning Official upon approval of a zoning application.
A. 
No fence on or around a residential lot or parcel of land shall exceed six feet in height above the normal grade elevation. Preconstructed fences of approved height must be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the ground, provided that 80% of the fence does not exceed the maximum approved height. No fence shall be installed on a berm or swales and shall be measured from finished grade. No fence shall be installed on a wall (except a retaining wall) making the overall height higher than the approved height for that location and shall not block water from natural runoff.
B. 
No fence shall be erected in the front yards of a standard or corner lot in any residential district unless the fence is at least 75% open, not greater than four feet (48 inches) in height above finished grade and meets § 255-44. Fencing in the rear of a corner lot which is considered a front yard shall be allowed to be a solid four-foot fence which can be installed between the house and the roadway at 90° to the back corner of the house. All driveway gates must be set back a minimum of 20 feet from the roadway, shall not exceed an additional 50% of the approved adjoining fence height and shall not act as a part of a pool barrier system.
C. 
No fences, shrubs, bushes, trees, or other obstructions to visibility, except buildings in existence as of the effective date hereof, shall be erected, planted or maintained on a corner lot within the triangular area formed by the intersecting curblines and a straight line joining said curblines at points 30 feet distant from the point of intersection measured along said curblines. Any existing obstruction of this character, which within the foregoing limits, obstructs the view of drivers or vehicles approaching the intersection shall be removed by and at the expense of the owners of such corner lots. Where there is no curb, the term "curbline" shall mean the edge of pavement line.
D. 
No fence shall be erected within 10 feet of any street, even if the property line is closer than 10 feet. No fence, shrub, bush or tree shall be erected, planted or permitted to grow in a way that shall encroach on any Borough right-of-way.
E. 
Any fence which is considered to have a face or front side shall be erected so that such face or front side is placed outward from the area being enclosed.
F. 
Fences shall be erected in such a manner as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
G. 
The following fences and fencing materials are prohibited: firewood stacked on a property line creating a fence, barbed wire fences, short, pointed fences, canvas, cloth, electrically charged fences, poultry netting, bamboo fencing, temporary fences such as snow fences, deer fences, expandable fences and collapsible fences, at any location of the lot upon which dwelling, or structure is situated. All fences must be set back from the intersection of two roadways a minimum of 30 feet.
H. 
All fences shall be constructed and maintained in a safe, sound, sturdy and upright condition.
I. 
Fencing must be painted in only one color, harmonious with the surrounding area and must not have oversized posts or columns unless approved by the Planning Board. Multicolored fences are prohibited.
J. 
All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots.
K. 
No fence over three feet in height and over 500 continuous feet in length in one direction or which extends an existing fence for an aggregate of more than 500 continuous feet in one direction may be erected without the grant of a separate conditional permit by the Old Tappan Planning Board, as provided for in § 255-74 herein.
L. 
Living fences or screening shall be planted no closer than three feet from the center of the plant to the property line. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with corner lots as per § 255-44. No living fence, as per § 255-4, shall be planted within 20 feet to any and all roadways, along the edge of any driveway or parking lot entering the roadway or an intersection.
M. 
No fence permit shall be issued by the Zoning Official until the applicant provides the Zoning Official with a set of plans or description of the proposed fence indicated on a property survey or a site plan showing the location of the proposed fence. The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the site plan or survey. If the Zoning Official or agent, upon inspection, determines that any fence has not been constructed according to the plans or description or has not been located as shown on the sketch site plan or survey, he/she shall notify his/her findings and order such fence to be constructed according to the plans or description. Such owner shall either remove the fence or comply with the order of the Construction Official within 10 days of the receipt of the written notice. Each day the owner fails to obey the order referred to above shall constitute a separate violation of this chapter.
N. 
During construction on such property, a temporary safety fence permit may be issued for a fee of $50 from the Zoning Official. During construction on such property, a silt fence (not regulated by Bergen County Soil Commission) shall be installed downgrade of all stockpiled soil, at the lowest grade of the property and along the curb line until finished grade and stabilization is created. The fence must be installed prior to the day of excavation. Failure to install the required fence will result in a $500 fine with up to a $250 per day for each day the fence is not installed.
A. 
In addition to the other requirements of this article, no fence more than three feet in height and 500 continuous feet in length in one direction, nor any fence which extends an existing fence more than three feet in height and 500 continuous feet in length in one direction, may be erected without the issuance of a resolution of approval by the Old Tappan Planning Board as a conditional accessory use/structure. A fence shall be considered continuous if pedestrian access is blocked or inhibited for the entire length of the fenced area, regardless of the existence of a gate.
B. 
An application to the Planning Board under this section shall state:
(1) 
The name of the owner of the property;
(2) 
The lot and block number and the street address of the property;
(3) 
A description of the fence to be erected including type or style, length and height, materials to be used in its construction and the area of the lot or property which will be enclosed by the fence;
(4) 
There shall also be submitted as part of the application a survey or plot plan of the applicant's property showing the proposed location and the height of the fence. If the height of the fence is not uniform throughout the length, the height of the different sections or segments of the fence shall be marked. If available, the applicant shall also submit a photograph, brochure or other pictorial representation of the type of fence to be erected.
C. 
The application shall be accompanied by the fee as provided by § 255-72C hereof. In addition, the applicant shall post an escrow deposit with the Borough in the amount of $300, to cover the Board's expenses for legal and engineering review. In the event this deposit is exhausted, the Planning Board may direct the applicant to make a further deposit.
D. 
The Board shall conduct a hearing on notice, pursuant to the provisions of N.J.S.A. 40:55D-12 (provided, however, that no notice by publication in the official newspaper of the municipality shall be required), and shall approve the application, provided that the proposed fence or fences as extended meets all of the requirements of this article and that same does not have a substantial negative impact on the desirable visual environment of the neighborhood in which the subject property is located. In connection with its review, the Planning Board may condition any such approval on modifications which it deems appropriate to reduce or eliminate any negative impact on said desirable visual environment of the neighborhood.
E. 
The Planning Board shall approve, deny or modify any such application filed hereunder within 95 days of submission of a complete application by the applicant, unless such period for review and action is extended by mutual consent of the applicant and the board.
If the applicant can clearly demonstrate to the Planning Board that, due to peculiar conditions pertaining to his/her property, the literal enforcement of the regulations of this article would be impractical or would cause or create an undue hardship, the Planning Board may, upon appropriate findings and conclusions, grant a waiver or relaxation of the regulations hereunder as may be necessary to alleviate such impracticality or undue hardship.
[Amended 2-19-2002 by Ord. No. 773-02; 7-15-2024 by Ord. No. 1261-24]
A. 
Planning Board approval required. Fences higher than six feet, such as those required around a sports court, may be erected in a residential zone upon application to and the grant of a variance by the Planning Board.
B. 
Setback requirements. Such a fence shall comply with all side yard and rear yard requirements of this Chapter 255, Zoning.
C. 
Applications.
(1) 
Applications to the Planning Board under this section shall contain the following information:
(a) 
The name of the owner of the property;
(b) 
The lot and block number and the street address of the property;
(c) 
A description of the fence to be erected, including type or style, length and height, materials to be used in its construction and the area of the lot or property which will be enclosed by the fence.
(2) 
There shall also be submitted as part of the application a survey or plot plan of the applicant's property showing the proposed location and the height of the fence. If the height of the fence is not uniform throughout the length, the height of the different sections or segments of the fence shall be marked. If available, the applicant shall also submit a photograph, brochure or other pictorial representation of the type of fence to be erected.
D. 
Fee; escrow deposit. The application shall be accompanied by the fee as provided by § 255-72C hereof. In addition, the applicant shall post an escrow deposit with the Borough in the amount of $300, to cover the Board's expenses for legal and engineering review. In the event this deposit is exhausted, the Planning Board may direct the applicant to make a further deposit.
E. 
Fences not over six feet in height may be erected along the rear lot line (in no case not any closer than 25 feet to any street on a corner lot 90° from the roadway) and along the side lot lines for a distance from the rear lot line to a point 90° off the side lot line to the front corner of the principal structure. The adjoining fence from the side lot line to the front corner of the primary structure can be six feet with a gate at least on one side. For an irregular lot, the Zoning Official shall determine the distance and location.
[Amended 1-21-2014 by Ord. No. 1064-13; 7-15-2024 by Ord. No. 1261-24]
Swimming pools now or hereafter constructed shall be enclosed by a substantial fence no less than 48 inches in height with a latch at 54 inches from grade and shall have the gate swinging away from the pool. All swimming pool barriers and safeguards shall comply with all the applicable requirements of the International Swimming Pool and Spa Code.
[Amended 7-15-2024 by Ord. No. 1261-24]
Fences higher than six feet, such as those required around a sports court, shall comply and may be permitted in a residential zone by the Zoning Board of Adjustment.
A. 
All fences installed in connection with such sports court shall be open chain-link cyclone-type fencing or equal type of permanent fencing and shall not exceed 10 feet in height as measured from the surface of the sports court. There shall be no material inserted in or attached to such fencing, such as wind screening, so as to obscure the sports court.
[Amended 1-21-2014 by Ord. No. 1064-13]
Any person who shall violate, permit, allow or suffer to be violated any provision of this article shall be subject to a fine of not more that $500 for the first violation and not more than $500 for each such succeeding violation. For the purposes of this section, each day that a violation remains in effect may be considered a separate violation. The provisions of this article shall be administered and enforced by the Code Official of the Borough.