§ 184-108. Fences and aboveground walls.

The following regulations apply to fences and freestanding walls. In addition, fences required for enclosing swimming pools and hot tubs by the New Jersey Uniform Construction Code shall be required to comply with the requirements of said Code as well as the following regulations. Notwithstanding the foregoing, recreational facility enclosures as regulated in § 184-134F shall be exempt from the provisions of this section.

A. 

In the case of through lots, fences and freestanding walls shall not be erected, altered or reconstructed so as to extend any closer to the rear lot line than a distance equal to the prevailing legal front yard requirement.

B. 

Fences and freestanding walls shall be permitted in front, side and rear yards.

C. 

Fences and freestanding walls shall not exceed four feet in height when located in the front yard or, in the case of a corner lot, when located in the front yard, street side yard or in any portion of the rear yard which is closer to the abutting street than the principal building on the lot, or the minimum street side yard setback, whichever is more restrictive.

D. 

Fences and freestanding walls shall not exceed six feet in height when located in the side yard or rear yard, except when more stringent requirements apply in certain circumstances when located on corner lots, as set forth in Subsection C above.

E. 

Solid and chain link fences shall not be erected forward of any house line facing any street, unless said fence shall be fully screened by shrubbery.

F. 

Fences and freestanding walls may abut the property line without any required setback; provided, however, in cases where a fence or freestanding wall in the side or rear yard is permitted to exceed six feet in height by variance, such fence or freestanding wall shall be set back from any property line a distance of at least one foot for each foot of height in excess of six feet.

G. 

No fence or aboveground wall shall be located on any property in any way which violates the provision of the Borough Code which provides for sight triangles at street corners.

H. 

In the event that both sides of a fence or freestanding wall are not identical, the finished/preferred side shall be required to face the street and/or abutting properties, as applicable.

I. 

Fences or freestanding walls which may present a danger or hazard to the public welfare, including but not limited to fences or freestanding walls which are electrified, contain broken glass, razor wire or barbed wire, or other sharp edges, are prohibited.

J. 

Approval by the Borough Engineer shall be required for such erection, relocation, alteration or other construction involving any fence or freestanding wall located within a street right-of-way.

K. 

Notwithstanding anything to the contrary in this section, the following provisions shall apply to the LGAH, TAH and MAH Zones.

[Amended 12-13-2001 by Ord. No. 01-22R]

(1) 

Fences less than 50% solid when viewed horizontally at right angles to the line of the fence may be erected, altered or reconstructed to a height not to exceed four feet above the normal ground level when located between the projection of the front line of the principal structure and the street and not to exceed six feet above the normal ground level when located in other areas.

(2) 

Fences more than 50% solid when viewed horizontally at right angles to the line of the fence may be erected, altered or reconstructed to a height not to exceed six feet above the normal ground level and shall not extend any closer to the front lot line than the midpoint of the principal structure.

(3) 

On corner lots abutting only two streets, fences shall not be erected, altered or reconstructed so as to extend into the side yard adjacent to the side street; however, a fence may enclose the rear yard area limited by the projection to the rear of the side of the principal structure adjacent to the side street.

(4) 

On corner lots abutting more than two streets, fences shall not be erected, altered or reconstructed so as to extend into the side and/or rear yards adjacent to the streets to the side and/or rear; however, a fence need not be set back from the rear or side streets a distance greater than the prevailing legal front yard requirements.

(5) 

In the case of through lots, fences shall not be erected, altered or reconstructed so as to extend any closer to the rear lot line than a distance equal to the prevailing legal front yard requirement.

Amended 6-14-2001 by Ord. No. 01-10R