Township of Saddle Brook, NJ Chapter 89 Fences

[HISTORY: Adopted by the Township Council of the Township of Saddle Brook 12-30-2008 by Ord. No. 1451.[1] Amendments noted where applicable.]

[1] This ordinance also repealed former Ch. 89, Fences, adopted by the Township Committee (now Township Council) of the Township of Saddle River (now Township of Saddle Brook) 2-13-1942 by Ord. No. 248, as amended. See also § 89-7.

§ 89-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

FENCE

An artificially constructed barrier of any material or combination of materials erected to enclose, screen or separate areas.

A. FENCE, OPEN A fence constructed with openings between the materials in its construction.

B. FENCE, CLOSED A fence, including any gates, constructed of solid material, wood or masonry, through which no visual images may be seen.

§ 89-2 Permit required.

A. It shall be unlawful to construct, extend or alter any fence without making an application, obtaining a permit and payment of a fee to the Building Department.

B. The application shall include a copy of a survey for all newly constructed fences and a statement as to the height and location of the fence and the material used in its construction. Replacement or repair of an existing fence will not require a survey.

§ 89-3 Fees.

A. Upon application and prior to the issuance of a permit, there shall be paid to the Township of Saddle Brook a fee in the following amounts:

(1) Residential:

(a) Four feet in height and under: $35.

(b) Over four feet in height: $50.

(2) Commercial: $100.

§ 89-4 General provisions.

Fences shall be permitted to be constructed subject to the following conditions and provided that the construction does not violate any of the provisions of this chapter:

A. No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.

B. The face or finished side of a fence or wall shall face the adjacent property or street.

C. No fence or wall shall be constructed with barbed wire, metal sparks or other such dangerous material or constructed in such manner as to be dangerous to animals or humans, nor shall any fence be constructed of electrified wire.

D. All fences shall be within property lines. No fence shall encroach upon a street.

E. Every fence shall be maintained in a safe, sound and upright condition and shall be subject to the inspection of the Saddle Brook Construction Code Agency.

F. Fences in floodplains shall conform to the recommendations of the Building Department.

G. No fence shall be erected within 10 feet of the edge of pavement of any street (on a corner lot, both yards shall be treated as front yards).

H. No fence shall be constructed of woven, interwoven or laced plastic material.

I. If the Saddle Brook Construction Code Agency, upon inspection, shall determine that any fence, or portion of any fence, is not being maintained in a safe, sound, upright condition, it shall notify the owner of the lot, in writing, of its findings and days from the date of such written notice to the owner.

J. No fence shall be constructed within 25 feet of a corner where two intersecting streets meet.

§ 89-5 Height.

A. Maximum height: Fences up to six feet shall be permitted unless otherwise provided.

B. Exception to maximum height.

(1) No fence shall exceed four feet in height on any portion of the front yard.

(2) All fences constructed in the front yard shall be of open construction.

§ 89-6 Violations and penalties.

Any person who shall violate, permit, allow to be violated any provision of this chapter shall be subject to a fine of not more than $200 for each violation of said chapter. For the purpose of this chapter, each day that a violation remains in effect may be considered a separate violation.

§ 89-7 Severability; repealer.

If any section, subsection, paragraph, subdivision, sentence, clause, phrase or provision of this chapter shall for any reason be held unconstitutional or invalid, such adjudication shall apply only to the section, subsection, paragraph, subdivision, sentence, clause, phrase or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective. This chapter, when effective, shall replace and repeal Chapter 89 of the Saddle Brook Code and any other section or part inconsistent herewith.