[Adopted 7-1-1981 by Ord. No. C-194]
[Amended 7-1-1997 by Ord. No. R-256; 1-7-1998 by Ord. No.
R-286]
The Zoning Officer is hereby authorized to grant revocable licenses,
renewable at five-year intervals to property owners for the purposes
of erecting or maintaining new fences, gates or stairways upon any
street, sidewalk, or public easement of the City of Hoboken; provided,
however, that the issuance of a license is conditioned upon the filing
of a certificate of liability insurance in the minimum amount of $100,000
and filed with the Zoning Officer, naming the Mayor and Council of
the City of Hoboken as coinsured, which policy shall be kept in full
force during the erection of the fence and thereafter, except that
owner-occupied one- and two-family homes shall be exempt from the
liability insurance requirements set forth herein. Should the licensee
fail to maintain the insurance as required by this section, then the
encroachment shall be removed by the owner, or should the owner refuse
to remove the encroachment, the Zoning Officer shall have the same
removed and charge the cost thereof to the owner.
No fence, gate or stoop shall be permitted to project into a
street, sidewalk or public easement more than the maximum projection
of any fence, gate or stoop erected on the same side of the street
between the next nearest two cross streets, which were fully completed
on or before January 1, 1981, or three feet, whichever is greater.
[Amended 9-16-1998 by Ord. No. R-332]
All gates and fences erected on public thoroughfares shall be
of cast iron or similar material and shall not be less than three
feet nor higher than four feet in height. Chain-link fences are not
permitted. The space between the lot line and the fence, gate or stoop
so erected shall not be enclosed, sealed or otherwise encumbered or
built upon nor shall it be utilized for the storage or placement of
any personal property without the express approval of the City Council.
[Amended 11-17-1997 by Ord. No. R-276]
The Zoning Officer shall promulgate such rules and regulations regarding this article as are reasonably necessary to implement its terms and shall collect a flat fee of $20 per application for each license application made pursuant to § 168-36.
All fences, gates and stoops constructed on or before January
1, 1981, shall require no further license, provided that any alterations,
additions or modifications to the same shall be governed by the regulations
herein.
The City of Hoboken reserves all rights, privileges and immunities
concerning its public easement over all streets and sidewalks within
the City, whether or not any projection or encumbrance has been permitted
to be erected on the same, without any waiver of such rights, privileges
or immunities, whether expressed or implied.
The City of Hoboken expressly reserves the right to require
the removal of all fences, gates, stoops or other projections or encumbrances
upon any street, sidewalk or public easement, which are improperly
constructed or maintained.
[Amended 8-15-2012 by Ord. No. Z-196]
In the event that an application is made pursuant to the terms of this article for premises that are located in an historic district or for an historic site so designated in Chapter 42 of the Code, no permit shall be issued without first obtaining the approval of the Hoboken Historic Preservation Commission.
