Township of Waterford, NJ Chapter 131 Fences

[HISTORY: Adopted by the Township Committee of the Township of Waterford 6-28-1989 as Ord. No. 89-9. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 94.

Fees — See Ch. 124, Art. II.

Land development and zoning — See Ch. 176.

§ 131-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FENCE

Any structure, except living fences, that is erected or maintained for the purpose of enclosing a piece of land and or structure or to divide a piece of land into distinct portions or to provide a level of safety.

FRONT YARD

Applies to that portion of the yard which is forward of the front building line of any building. With regard to corner properties, those yards which are adjacent to a public street, alley or highway shall be considered as "front yards" for purposes of this chapter. This definition shall not apply for purposes of swimming pool protection.

HEIGHT

The distance measured from the existing grade to the top of the fence measured at a ninety-degree angle at any point along the fence; highest reading should prevail.

LIVING FENCE

Any fence or hedge composed of live materials.

§ 131-2 Approval required.

No fence, wall or other type of construction shall be erected without first being approved by the Zoning Official.

§ 131-3 Issuance of permit.

A. Those intending to erect a fence shall, prior to the commencement of any work, apply to the Construction Office on forms provided by the Construction Official. The application shall be accompanied by a plan or sketch showing the proposed location of the fence and the materials that should be used therefor. The application must be accompanied by a permit fee as hereinafter set forth, and the application shall be in accordance with this chapter and any other relevant ordinance, rule or regulation which applies to construction within the municipality.

B. Upon approval by the Construction Office, a permit shall be issued which shall be effective for a period of one year. The construction must be commenced and completed within that time or the permit shall lapse. The permit shall be available on the job during the progress of the work so that it may be inspected by the appropriate officials.

C. A zoning permit shall be issued by the Township Planning and Zoning Official in accordance with the requirements of § 131-2. This permit is required for both new fences and replacement of existing fences.

[Added 4-11-2001 by Ord. No. 2001-5; amended 6-13-2001 by Ord. No. 2001-13]

§ 131-4 Living fence exceptions.

Living fences are subject to all of the provisions of this chapter except they shall be exempt from the permit provisions of this chapter. In addition, no living fence shall be placed nearer than two feet to any sidewalk in existence, any prospective sidewalk or party line. Living fences must be maintained in a neatly trimmed condition and shall not interfere with street visibility on corner lots.

§ 131-5 Applicability.

The permit provisions of this chapter shall apply to fences in the residential and nonresidential zones in the Township of Waterford and shall also include multiple dwellings. No fence shall be erected in the applicable zones of the Township of Waterford in excess of the height limitations as set forth herein.

§ 131-6 Height limitations.

A. Rear yards. No fence shall be more than six feet in height at the rear of homes and buildings and shall not extend forward of the front building line of any existing or proposed dwelling.

B. Front yards. No fence shall be higher than 48 inches in any front yard.

C. Swimming pool fences shall comply with BOCA Article 616.9[1] or any subsequent revision.

[1] Editor's Note: For current provisions see Section 421.0, Swimming Pools, of the 1993 BOCA National Building Code.

D. Horse fence. Fence for horses shall not extend beyond the rear wall of any residence on a public street and shall be no more than six feet in height.

§ 131-7 Location restrictions.

[Amended 4-10-1991 by Ord. No. 91-2]

Any fence erected under this chapter shall be placed at least six inches back from any property line. Any fence erected in a front yard shall be placed at least one foot back from the property line. Living fences shall be placed in accordance with § 131-4 of this chapter.

§ 131-8 Materials and composition.

A. Any fence, wall or similar structure as well as shrubbery which unduly cuts off light or air or which may cause a nuisance, a fire hazard or a dangerous condition is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential zone or along a public right-of-way unless the fence is uniformly less than 50% solid.

B. The following fences and fencing materials are specifically prohibited:

(1) Barbed wire.

(2) Short pointed fences.

(3) Canvas fences.

(4) Cloth fences.

(5) Electricity charged fences (except livestock containment).

(6) Poultry fences.

(7) Turkey wire.

(8) Temporary fences such as snow fences (except in emergency).

(9) Expandable fences and collapsible fences, except during construction of a building.

(10) Tires, rope or chain, etc.

C. All chain link fences shall be erected with the closed loop at the top of the fence.

D. No fence shall be multicolored.

E. All entrances or gates shall open onto the property.

F. All fences or walls must be erected within the property line and none shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or to interfere with visibility on corner lots.

G. The finished side of a fence shall face the adjacent property.

§ 131-9 Powers and duties of Construction Official; appeals.

The Township Construction Official shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure on private or public property wherever the same shall interfere with adequate visibility for operators of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply with the written direction of the Township Construction Official shall be guilty of violation of this chapter and shall be subject to its penalties. If the property owner feels aggrieved by any decision of the Construction Official, he shall have the right of appeal to the Township Zoning Board, provided that said appeal is made, in writing, within 14 days of the written notification from the Construction Official. Said appeal shall be filed with the Township Clerk.

§ 131-10 Fees.

[Amended 4-11-2001 by Ord. No. 2001-5; 6-13-2001 by Ord. No. 2001-13]

A. Any fees to be charged by the Construction Office for permits issued under this chapter shall be in accordance with the Township Fee Schedule Ordinance[1] in existence at the time of the application.

[1] Editor's Note: See Ch. 124, Fees.

B. A zoning permit fee shall be charged in accordance with the Township Fee Schedule Ordinance[2] in existence at the time of the application. If an existing fence is to be replaced at the same location and a permit was previously issued by the Township for that fence, a fee will not be charged.

[2] Editor's Note: See Ch. 124, Fees.

§ 131-11 Violations and penalties.

[Amended 12-11-1996 by Ord. No. 96-24]

Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon conviction thereof, before the Municipal Court of the Township, be subject to a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, in the discretion of the Municipal Judge before whom such defendant shall be convicted. A separate offense may be deemed committed on each day during or on which a violation occurs or continues.