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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