HomeMy Public PortalAboutordinance 02:08No. 0 -08
Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANCE AMENDING AND SUPPLEMENTING SECTION 160-
81.1 "FENCES" OF CHAPTER 160~ "LAND DEVELOPMENT~' OF THE
CODE OF THE BOROUGH OF CARTERET
BE IT ORDAINED by the Mayor and Counsel of the Borough of Carteret, a municipal
corporation in the State of New Jersey, located in Middlesex County thereof as follows:
Section 1. Section 160-81.1 of Chapter 160 (LAND DEVELOPMENT) of the Code
of the Borough of Carteret is hereby deleted in its entirety and replaced as follows
§ 160-81.1. Fences
A. Purpose. The intention of these requirements is to provide standards
for the protection of the health, safety and aesthetic values of adjacent property.
B. Intersections. At the intersection of two (2) or more streets, no wall,
fence, hedge or other structure shall be erected to a height in excess
of four feet (4') above curb level, nor shall any other obstruction
to vision be permitted within the triangular area formed by the
intersecting street lines at points which are twenty-five feet (25')
distant from the point of intersection, measured along said street line.
Trees whose branches are trimmed away to a height of at least
ten feet (10') feet above curb level shall be pem~itted.
C. Location. All fences must be erected within the property lines and no fence shall
be erected so as to encroach within six inches (6") of the public right of way or
any public sidewalk and/or equivalent pathway necessary for the movement of
pedestrian traffic adjacent to any street or roadway. Ensuring that the location of
any fence lies within the respective property line shall be the responsibility of the
property owner, and the individual(s) or entity installing the fence if other than the
property owner.
D. Height. On any lot in any residential zone, no wall, fence or hedge shall be
erected or altered so that said wall or fence shall be over four feet (4') in height in
the front yard or over six feet (6') in height in the side or rear yards, except that
tennis court fences may have a maximum of twelve feet (12'). Tennis court and
front yard fences shall be limited to open mesh or other open material as approved
by the Construction Official. All fences in commercial zones shall not exceed six
feet (6') in height. All fences in industrial zones shall not exceed eight feet (8') in
height.
E. All fences shall be erected with the face or finished side away from the property
and the structural side toward the interior of the property. Fence gates shall have
a latch and shall open into the property and not onto the sidewalk, street or other
adjacent property. Fences with more than fifty percent (50%) solid material shall
not be permitted in the front yards in residential zones.
F. Dangerous Fence Material. No fence shall be erected of barbed wire, or
electrified, or topped ;vith metal spikes, or constructed of any material or in any
manner xvhich may be dangerous to persons or animals.
NO. 02-08 PAGE
(1) Canvas fences, cloth fences, poultry netting, temporary fences, (including
but not limited to snow fences), expandable fences and collapsible fences,
except during construction on such property, shall be prohibited.
(2) No fence shall be erected of nonstandard materials that may be considered
makeshift, create an eyesore or cause an annoyance.
(3) No fence shall bc fabricated, constructed or built of any material other
than wood, wire, (No. II gauge or heavier), brick, stone, vinyl, masonry or
aluminum.
(4) Barbed wire shall not be permitted on any fence located within a
residential zone. In commercial and industrial zones only, not more than
four (4) strands of barbed wire may be added to the top ora fence, which
fence must be a minimum of six feet (6') in height excluding any strands
of barbed wire.
G. Type. Solid architectural fences shall be required along all lot lines, except the
street line, for all nonresidential lots where said property lines abut residential
zoning district lines. Such architectural fences may be made of any materiaI,
which is aesthetically pleasing and prevents the dissemination of odors, noise,
debris and sight across the residential zoning boundary. Fences used for this
purpose shall be not less than six feet (6') in height. Nothing in this section
prevents the use of plant materials along any lot line in addition to the fence
requirement, but plant materials cannot be substituted for the fence. Open chain
link and chain link ~vith plastic or aluminum slats shall not be considered to be an
architecturally solid fence. The Plmming Board or Zoning Board of Adjustment
shall have the authority to waive this requirement if a buffer area is landscaped to
its requirements.
H. Restrictions of drainage prohibited. A wall or fence, which restricts the natural
flow of drainage or causes stagnant water conditions, shall not be permitted. Said
~vall or fence shall be ordered removed or corrected by the owner upon direction
from the Construction Official.
I. Swimming Pools. There shall be a fence, not less than four feet (4') high,
completely enclosing any belo~v-ground swimming pool and any other swimming
pool of one hundred square feet (100 sq. ft.) of surface water area or more and
xvhich is less than four feet (4') above the ground. Each gate in a pool fence shall
be self-enclosing and self-latching. When not in use, the gate must be capable of
being locked.
J. Permit required. It shall be unlawful for any person to erect, repair, replace or
alter any fence six feet (6') or less without first obtaining a zoning permit. Fences
over six feet (6') will require both a zoning and building permit.
PAGE
02-08
Section 2. All ordinances and provisions thereof inconsistent with the provisions of
this ordinance shall be and are hereby repealed as to the extent of such
inconsistencies.
Section 3. If any section, sub-section, part, clause or phrase of this Ordinance shall
be declared invalid by judgment of any court of competent jurisdiction,
this section, sub-section, part, clause or phrase shall be deemed to be
severable from the reminder of this Ordinance.
Section 4. This Ordinance shall take effect immediately follo~ving the
passage and publication as required by law.
I)(} N(}I USE SPACE IiELOW 1 Ills LINE
--- p,I,;COI[I) OF coUNCIl, VO 1 E
coUNCILMAN
COUNCILB~,AN
X
Adopted
Adtq~lcd on second reading nile{ hctu lng on_ APRIL {~ 2002
All [OVFI) BY