[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.
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.
B.
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.
C.
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.
D.
Fences must be constructed with the face or finished
side away from the property and the structural side toward the interior.
E.
Fences which are painted shall be painted in only
one (1) color harmonious with the surrounding area. Multicolored fences
are prohibited.
F.
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.
G.
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.
H.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
