This chapter shall be known and may be cited as the "Fence Ordinance
of the Borough of Alpine."
The following standards are hereby established for the regulation
of fences, walls, retaining walls, hedges and other forms of enclosures
used to enclose property or portions of property within the Borough.
These standards are intended to provide for the uniform fencing or
other enclosing of properties situated within the Borough of Alpine,
to ensure the existence of appropriate safeguards against the creation
of traffic hazards or fire hazards, and to otherwise provide for the
health, safety and welfare of the residents of the Borough.
As used in this chapter, the following terms shall have the
meanings indicated.
AREA
The area of any fence shall be computed as the product of
the largest horizontal width and largest vertical height of the structure
from finished grade to the highest point excluding the height of cheek
walls and driveway piers, pillars, posts, gates and stanchions. Area
measurements shall be made from the center line of one pier, pillar,
post or stanchion to the center line of the adjacent pier, pillar,
post or stanchion unless otherwise provided in this chapter below.
CHEEK WALL
That portion of a fence immediately adjacent to a gate or
other opening in such fence designed to create a visual transition
from the pier, pillar, post or stanchion adjacent to such gate or
opening and the first pier, pillar, post, or stanchion establishing
the commencement of the area of the fence subject to the height limitations
for fences.
FENCE
Any freestanding structure other than a wall of a building,
accessory structure, or retaining wall, whether of wood, metal, wire,
concrete or other material, intended to create or creating a division
between or within property or to prevent or restrict the passage from
one area of a property to another.
GATE
That portion of a fence which is designed and constructed
to move relative to the fence structure to create, on temporary basis,
an opening through the fence to allow passage of individuals or vehicles.
HEDGE
A group of bushes, shrubbery or other plant life so situated
as to be similar in function and serve the same ends as a fence, also
referred to as a "living fence."
HEIGHT
For all purposes under this chapter, height shall be the
distance measured to the highest point of the fence or other structure
being measured from the original grade at the point of measurement.
Original grade shall be that grade which existed on November 1, 2010.
OPEN
For purposes of calculating the open area of a fence structure,
such area shall be considered to be open if there is a clear, unfiltered,
and unobstructed passage of light from one side of the fence to the
other at such location. The open area shall not include the horizontal
and vertical cross section of any structural or ornamental component
of such fence in the line of sight.
PERSON
Any landowner, lessor, lessee, tenant or other person in
possession of lands lying within the Borough.
PIER
That solid structural component of a fence or wall used to
support other structural components thereof.
PILLAR
That solid structural component of a fence or wall, similar
to a pier, used to support other structural components thereof but
also serving a decorative or aesthetic purpose.
POST
That solid structural component of a fence or wall used to
support other structural components thereof.
RETAINING WALL
A permanent structure constructed to change or preserve the
finished grade of a given parcel of land by retaining the lateral
pressure of adjacent soil. No portion of the retaining wall shall
be exposed more than six inches above finished grade on the side of
the wall on which the retained soil is located. Steps constructed
within or as a part of a retaining wall to allow passage from one
level to another shall be considered to be a part of such wall. Any
fence constructed on or in close proximity to such retaining wall
in order to comply with the safety requirements of the New Jersey
Uniform Construction Code shall not be considered a part of such retaining
wall but shall comply with all provisions of this chapter.
STANCHION
That structural component of a fence or wall used to support,
or forming the point of connection with, gates in such fence. piers,
pillars, and posts may also constitute stanchions based upon their
form and function.
The provisions of this chapter shall not be deemed to prohibit
any necessary retaining wall or prohibit the erection of fencing associated
with such retaining walls as required by the New Jersey Uniform Construction
Code.
Fences up to 10 feet in height, as required around a tennis
court, shall be permitted and are considered structures requiring
a New Jersey Uniform Construction Code permit. They shall meet the
minimum side yard, front yard and rear yard requirements for an accessory
building as detailed in the Borough of Alpine Zoning Code.
Fences that enclose pools and property line fences that are
used to enclose pools shall also meet the requirements of the New
Jersey Uniform Construction Code and shall be maintained in compliance
with that Code.
Whenever the owner, tenant or person responsible for a particular
parcel of land erects a fence or hedge in accordance with the terms
of this chapter, (s)he shall be responsible for continually maintaining
such fence or hedge. Any fence hereafter erected shall have the least
objectionable side facing the adjacent property or the street, as
the case may be. Fences which are painted shall be painted in complementary
colors, harmonious with the surrounding area. 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.
Any fence, hedge or retaining wall existing on the date of adoption of this chapter, which is in compliance with all other ordinances of the Borough in effect prior to such date of adoption, but which is contrary to the provisions of this chapter, henceforth shall be deemed a nonconforming appurtenance and shall be treated as are nonconforming uses under the current zoning regulations; provided, however, that any fence, hedge or retaining wall which exists on the date of adoption of this chapter and violates the provisions of §
111-4C shall be modified and corrected so as to remove the nonconformity. Such modification or correction shall be accomplished no later than 90 days from the effective date of this chapter. The correction of this type of nonconformity is necessary for the general safety and welfare of the citizens of Alpine and to preserve and protect human lives from injury.
Any person who violates any provision of this chapter, for each
and every violation thereof, and for each and every day that such
violation thereof continues, shall be subject to a fine of not more
than $1,000 per violation, at the discretion of the Municipal Judge.