[HISTORY: Adopted by the Mayor and Council of the Borough of Closter 10-8-1975 by Ord. No. 1975:274 (Ch. 35 of the 1967 Code). Amendments noted where applicable.]
[Amended 10-12-1997 by Ord. No. 1977:314; 6-26-1996 by Ord. No. 1996:718; 12-11-2002 by Ord. No. 2002:883]
The term "fence" as used in this section means an artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas. All fences erected in residential zones in the Borough of Closter shall be subject to the following:
A zoning permit shall be issued by the Zoning Official for all fences, except living fences, erected in the Borough. Except as provided in Subsection F, none of the other restrictions or provisions shall apply to living fences.
No fence erected on or around a residential lot or parcel of land shall exceed six (6) feet in height. Preconstructed fences of a standard six-foot 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 eighty percent (80%) of the fence does not exceed the maximum height of six (6) feet.
No fence shall be erected in a front yard of any lot in a residential zone or along a public right-of-way unless the fence is less than fifty percent (50%) solid and is not more than four (4) feet in height.
Fences must be constructed with the face or finished side away from the property and the structural side toward the interior.
Fences which are painted shall be painted in only one (1) color harmonious with the surrounding area. Multicolored fences are prohibited.
Living fences or screening shall be planted no closer than three (3) feet to the property line. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with visibility on corner lots.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
Fences higher than six (6) feet, such as those required around a tennis court, may be permitted in a residential zone by the Zoning Board of Adjustment. However, such a fence will be considered a structure, requiring a building permit, and shall meet minimum side and rear yard requirements for an accessory building.
The following fences and fencing materials are specifically prohibited: barbed wire fences, short pointed fences, canvas, cloth, electrically charged fences, poultry netting, temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction on such property.
Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Zoning Official or Code Enforcement Official.
All fences 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.
If the Zoning Official or the Code Enforcement Official, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 10 days of the date of the written notice. Each day the person fails to obey the order referred to above shall constitute a separate violation of this chapter.
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 and a sketch or survey showing the proposed location of the fence. The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the sketch or survey. If the Zoning Official or Code Enforcement Official, 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 or survey, he shall notify the owner of such fence, in writing, of his findings and order such fence to be constructed according to the plans or description or order the fence to be located as shown on the sketch or survey. Such owner shall either remove the fence or comply with the order of the Zoning Official within 10 days of the date of 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.
Notwithstanding any other limitations in this subsection, deer fencing may be permitted under the following circumstances: fencing may be no higher than eight feet, must be made of black mesh material, must be located in the back yard of the property, must be at least six feet from the property edges and must be used to enclose fruit and/or vegetable gardens only. A permit for deer fencing shall be required. The permit may be obtained from the Zoning Official. An applicant for a deer fence permit must supply a survey of his/her property with a sketch, to scale, of the proposed location of the garden and deer fence.
[Added 6-10-2009 by Ord. No. 2009:1042]
[Added 6-28-1978 by Ord. No. 1978:336; amended 6-26-1996 by Ord. No. 1996:718; 12-11-2002 by Ord. No. 2002:883; 3-12-2014 by Ord. No. 2014:1154]
Any interested party may appeal a decision of the Zoning Official or the Code Enforcement Official with regard to this chapter by filing an appeal with the Borough of Closter Planning Board within 20 days of the decision of the Official, specifying the grounds of such appeal. Such appeal shall he considered by the Board of Adjustment in accordance with the standards and time limitations as contained in the New Jersey Municipal Land Use Act.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.