Fences, hedges and/or walls may be erected,
altered or reconstructed in any district in accordance with the following
regulations and in accordance with all other provisions of this chapter.
[Amended 3-15-2001 by Ord. No. 5-2001; 3-12-2003 by Ord. No. 4-2003; 6-10-2009 by Ord. No. 16-2009]
A.
All permitted fences shall be situated on a lot in such a manner
that the finished side of the fence shall face adjacent properties.
No fence shall be erected of barbed wire, topped with metal spikes
or constructed of any material or in any manner which may be dangerous
to persons or animals, except that these provisions shall not apply
to farms, provided that such fence is set back from any street line
at least 10 feet, and except further that requirements of state or
federal regulations shall prevail.
B.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height, such fences to be permitted in the side and rear yards only. Subject to Subsection B(4) below, no fences are permitted in the front yard area; provided, however, that fence requirements set forth below apply to the following uses:
(1)
A dog run may have fencing a maximum of six feet in height,
provided that such area is located in the rear yard area only and
is set back at least 10 feet from any lot line.
(2)
A private residential swimming pool area must be surrounded
by a fence at least four feet but no more than six feet in height.
Swimming pool areas shall be located in rear yard areas only.
(3)
A tennis court area is permitted only where specified. Where
permitted, a tennis court area may be surrounded by a fence a maximum
of 15 feet in height, said fence to be set back at least 15 feet from
any lot line.
(4)
Fences used for farming are permitted to be six feet in height
in side and rear yards and four feet in height in front yards.
(5)
Fences to be located at electrical, telephone, gas and municipal
utilities shall be a maximum height of 10 feet.
(6)
Buffer areas shall meet the requirements specified in this Code.
(7)
Off-street parking, loading and driveway access shall meet the
requirements specified in this Code.
(8)
On a corner lot, a fence shall be permitted to be located within
15 feet of a street right-of-way line within that front yard where
the house does not face the street. A fence shall be permitted to
be located within 15 feet of a street right-of-way line within both
front yards where the house faces neither street but the intersection
of both streets. All sight-triangle requirements of this chapter shall
be satisfied.
(9)
Fences, hedges, walls, screening and/or shrubbery shall not
be located in any sight triangle.
(10)
Cemented fences. All cemented fences shall be set back approximately
six inches due to the spread of concrete material during construction.
(11)
Fences constructed without permits. When a fence is constructed
without permits and/or is placed on the wrong property, said owner
shall remove the fence and submit an application to the Division of
Zoning prior to the new construction of said fence. This subsection
cannot enforce placements of existing fences prior to this adoption.
(12)
Construction shall be accomplished in a manner which is in keeping
with the character of the district. Property owners will maintain
their fences, walls, shrubbery and/or screening in conjunction with
their neighbors so as to avoid creating an alleyway between their
respective fences, so as not to create a hazard to children and small
animals.
(14)
Construction and permits. All fence applications shall contain a New Jersey licensed land survey to the Division of Zoning for review. Fences must be clearly shown on the survey, including the height of such fence. The application cost shall be as set forth in Chapter 80, Fees, and all permitted fences will be given an approval to be posted in a window prior to construction.
C.
Exceptions. The foregoing regulations shall not be applied so as
to prevent the erection of an open wire fence not exceeding eight
feet above ground level anywhere within a public park, public playground,
school premises, and utility operation or in the rear or side of a
business or industrial zone.
D.
Erection within property lines; encroachment. All fences, hedges,
walls and/or shrubbery must be erected within the property lines,
and no fence, hedge, wall and/or shrubbery shall be erected so as
to encroach upon a public right-of-way.
E.
Maintenance. All fences, hedges, walls and/or shrubbery shall be
maintained in a safe, sound and upright condition.
F.
Classification. To be classified as a fence, hedge or wall, there
must be created a barrier, either by foliage or constructed materials,
a lineal (horizontal) and vertical barrier which is greater than six
feet in length by the horizontal measurement.
G.
Commercial uses. All fencing for commercial uses to be located along
public rights-of-way, or visible to the public from such, shall be
ornamental in design. Chain link fencing is not permitted in these
areas.
If the subcode official, upon inspection, determines
that any fence, wall or any portion of any fence or wall is not being
maintained in a safe, sound or upright condition, he/she shall notify
the owner of such fence or wall, in writing, of his/her findings and
state briefly the reasons for such findings and order such fence or
wall or portion of such fence or wall repaired or removed within 15
days of the date of the written notice.
These regulations shall not be applied so as
to restrict the erection of a wall for the purpose of retaining earth.
