(A) Permit requirements.
(1) Zoning permit and certificate of conformance. A zoning permit and certificate of conformance shall be required in all zones for construction, erection and/or installation of each and every fence governed by this chapter.
(2) Building permit.
(a) A building permit is required to construct, erect, enlarge or alter any type of fence in excess of six feet in height or any type of fence to enclose a swimming pool pursuant to Sections 623.9 and 623.9.1 of the Uniform Construction Code (N.J.A.C. 5:23).
(b) A building permit shall not be required for any type of fence which is required to enclose stairs for an aboveground swimming pool or required to enclose a hot tub and/or spa.
(3) Plan required. A plot plan showing the lot size, location of all buildings, structures, proposed fences and gates and required landscaping shall be provided to the Zoning Officer with all applications for a zoning permit for any fence.
(B) Bulk requirements. For the purpose of this chapter, the REAR YARD shall be considered to be an open space extending across the full width of the lot between the principal building and the rear lot line and the point of the rear elevation closest to the side lot lines. For the purpose of this section, DETACHED GARAGES shall not be considered part of the principal building.
(1) Height limitations.
(a) Except as provided for corner lots under § 150.12(E), fences may be erected, altered or reconstructed to a height not to exceed six feet when sited in the following manner:
1. At a minimum setback of ten feet from any property line to enclose a property used for an agricultural use, for containment of livestock or in connection with an outdoor recreation facility.
2. From the front corners of any building to the side property lines and toward the rear property line so as to enclose the side and rear yards, or a desired portion thereof.
3. All fencing shall be installed within the boundary lines of the subject property.
(b) Fences may be erected, altered or reconstructed to a height not to exceed six feet when located as follows:
1. At a minimum setback of ten feet from the front property line and along any side or rear property line to enclose a property used for an agricultural use, for containment of livestock or in connection with an outdoor recreation facility. Landscaping as required under § 154.006 is not required to be planted in front of any fence erected, altered or reconstructed for an agriculture use, for containment of livestock or in connection with an outdoor recreation facility.
2. In the rear yard of an interior lot or the side yard fronting the non-primary street for corner lots.
(c) Open or solid fences may be erected, altered or reconstructed to a height not to exceed six feet along any rear or side property line of a single-family residential zone that abuts a non-single-family residential zone, provided that such fence does not extend into any front yard setback area.
(d) Open wire fences may be erected, altered or reconstructed to a height not to exceed ten feet when located at the accessory setback lines in any rear yard, in conjunction with the installation of a tennis court.
(2) Setback requirements.
(a) Except as permitted above, no fence shall be erected, altered or reconstructed forward of any building(s) in the front yard or within the required front yard setback applicable to such property, whichever is greater. For purposes of this section, the front yard setback shall be measured from the front property line as indicated on the survey.
(b) All new and replacement fences shall conform with the setback requirements applicable to the lot at the time the zoning permit is issued.
(c) For the purposes of the construction, erection and/or location of a fence on lots that have frontage on more than one street, the front yard setback requirement applicable in the zoning district where the lot involved is located is the required setback on each street-facing side of the property.
(d) It shall be prohibited for a fence or fencing to be constructed, erected and/or located on lots where there are easements in multi-family units that have access to rear yards on the interior lots so as to prevent access to the interior property rear yards.
(e) At or near an intersection of two or more streets, no fence shall be permitted to obstruct the view of motorists traveling on either intersecting street.
(f) On reverse frontage lots, an additional rear setback of ten feet must be provided.
(g) Temporary fencing for swimming pools. The person, firm or corporation on whose property the swimming pool is to be constructed must erect a temporary fence of durable material at least 48 inches in height with no opening larger than two inches and constructed in such a manner as would effectively prevent unauthorized access to the construction area by children. All openings through the temporary fence shall be kept closed when not in actual use and shall be kept locked at all times when the construction site is unattended. The temporary fencing shall remain until replaced by a required permanent fence.
(h) Notwithstanding any provision in this division (B)(2), a fence permitted by this section may be extended from the rear corner of the dwelling in order to enclose an existing side entry doorway within the fence but only for the purpose of and only to the extent necessary to enclose such doorway within such fence, and in no event may such fence be established more than 15 feet from the rear corner of the dwelling.
(3) Other requirements.
(a) All fences shall be installed so that rails and posts shall be facing the inside of the owner's property.
(b) Nothing in this chapter shall prevent the erection of an open-wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises.
(c) The aforesaid restrictions may be waived or modified so as to allow the erection, alteration or reconstruction of fences used in connection with farm operations, agricultural uses, livestock containment or in connection with outdoor recreational facilities, except insofar as such fences might affect the public safety.
(d) The following fences and fencing materials, including materials placed and/or connected to the top of a permitted fence, are specifically prohibited: barbed-wire, razor wire and/or other spiked fencing materials, collapsible, canvas, cloth or electrically charged fences or structures.
(e) Required landscaping.
1. Landscaping consisting of evergreen plantings shall be planted in front of all fences five feet and higher that parallel the front property line. Such plantings shall be a minimum of three feet high, as measured from grade level, at the time of planting, and there shall be a maximum spacing of six feet apart, center to center, between evergreens. The landscaping required in front of fences shall be installed within 30 days after the fence has been installed.
2. Reverse-fronting lots. On all reverse-fronting lots, a single row of 100% evergreen plantings spaced eight feet apart, center to center at a minimum height of four feet, as measured from grade level, at the time of planting shall be planted between the fence and the adjoining rear street adjacent to such fence. Such trees shall be placed within the additional ten feet of setback required under subsection division (B)(2)(f) above.
(C) Requirements applicable to non-residential fences. The following requirements shall apply to all properties in any non-residential zoning district and to all properties in the CR - Cluster Residential, R-10 - Residence 10, SH - Senior Housing, TC - Township Center and GB-2 - General Business 2 Zones, except for properties which contain a single family detached or a single family attached fee simple dwelling.
(1) Open and solid fences shall only be installed in accordance with a valid subdivision or site plan approval granted by the reviewing board.
(2) No fence may be erected, altered or reconstructed forward of any building in the front yard.
(3) All fences shall be set back to the building setback line unless otherwise indicated on a final subdivision or site plan approved by the reviewing board.
(D) Notice of violations.
(1) If the Zoning Officer, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound or upright condition, the Zoning Officer shall notify the owner of such fence in writing of his findings and order such fence or portion of such fence repaired or removed within ten days of the date of the written notice.
(2) If any person installs any fence on any property within the Township in violation of this chapter, the Zoning Officer shall notify the owner of such property in writing of the alleged violation and order that the owner either remove the fence, correct the violation and/or obtain the required permits and/or approvals within 30 days of the date of such written notice.
(Ord. 266-15, passed 5-11-15; Am. Ord. 391-21, passed 10-12-21)