The following provisions govern the erection
and maintenance of fences in all districts.
A. Fences shall not be governed by setback requirements
for accessory structures.
B. No solid fence shall be erected in a required front
yard area in any zone district in the Borough of Middlesex. However,
on a corner lot or a through lot, only the street frontage to which
the front entrance is oriented shall be considered a front yard area.
The remaining yard area abutting a street may be fenced with a solid
fence not exceeding six feet in height, but no fence may be erected
in any portion of the Borough's right-of-way, and all fences must
be located on or within the boundary line. This subsection shall not
preclude a property owner from replacing an existing side yard fence,
although the existing side yard fence may be constructed in the Borough's
right-of-way. For purposes of this section, a "solid fence" shall
be defined as a fence in which less than 50% of the area is open.
[Amended 10-21-1986 by Ord. No. 1085; 6-29-1993 by Ord. No. 1285]
C. Open fences not exceeding four feet in height may
be erected in a required front yard area in a residential district.
Open or solid fences not exceeding six feet in height may be erected
in a required side or rear yard area in a residential district. However,
where a residential use abuts a nonresidential use, said fence may
extend eight feet in height. Open or solid fences erected in a required
side yard may not be erected beyond the front yard setback line.
[Amended 6-29-1993 by Ord. No. 1285]
D. Open fences not exceeding eight feet in height may
be erected in the required front yard area of a nonresidential use.
Open or solid fences not exceeding eight feet in height may be erected
in a required side or rear yard area in a nonresidential use. Solid
fences erected in a required side yard may not extend beyond the front
yard setback line.
[Amended 6-29-1993 by Ord. No. 1285]
E. All pools, except for those pools equipped with fences
above the top level of the pool, shall be surrounded entirely by a
fence between four feet and six feet in height. However, one side
of the dwelling may serve as part of the enclosure. Solid fences may
be erected, provided that the dwelling serves as part of the enclosure
in such a manner so as to provide visibility to the pools.
F. The side of the fence that shall face the exterior
property boundary shall be finished. The unfinished side of a fence
has all the support columns, posts, beams, brackets and/or hardware
exposed. In the event of two-sided fences, where both sides of the
fence are identical in appearance, the columns and posts shall be
installed between each fence section. In the event a fence is attached
to a column or post in a manner so as to allow that three sides of
the column or post (or more than 25%) are visible, then this installation
shall be deemed to have only one finished side.
[Amended 10-27-2015 by Ord. No. 1882]
G. All fences shall be maintained in a safe, sound and
upright condition.
H. No fence or wall over two feet in height shall be
permitted on a corner lot within a designated sight triangle. No solid
fence or wall shall be permitted within a designated sight triangle.
[Amended 6-29-1993 by Ord. No. 1285]
I. Electrically charged fences are specifically prohibited
in all districts. However, barbed wire or similar fences may be permitted
in CLW and IND Zones, provided that said fence is not located within
a required front yard area, and further provided that the barbed wire
is not located below a height of eight feet.
[Amended 6-29-1993 by Ord. No. 1285]