Bernardsville City Zoning Code
§ LD-12-23.26
Fencing; Perimeter of Fences and Walls.
[Added 9-12-2022 by Ord. No. 2022-1930]
a.
Fences Covered. Fences built along the perimeter of lots in the residential districts. A fence is any manmade structure which would restrict movement between lots. The term fence does not include hedges. The term fence does include walls.
b.
Fences not subject to this subsection:
1.
Fences required by any legal requirement relating to swimming pools,
2.
Fences constructed around tennis, basketball, and pickle ball courts and similar athletic facilities constructed in compliance with the Borough's land use ordinances,
3.
Fences constructed around the periphery of gardens.
4.
Fences governed by the Borough or State Right to Farm regulations.
c.
Maximum height of fences, subject to the provisions relating to Deer Fencing, in zones 3, 4 and 5:
1.
The maximum height of a fence other than in the front yard shall be 6 feet; and
2.
The maximum height of a fence in the front yard shall be 4 feet; and
3.
The maximum height of a gateway post shall be 10% greater than the maximum height of the fence to which it is attached.
4.
The height of a fence shall be measured from the ground to the top of the fence on the side of the fence for which the natural grade is lower.
d.
Prohibited fence materials, subject to the provisions relating to deer fencing, no fence or any part of it shall be constructed using:
1.
Barb wire, razor wire, accordion wire or other materials having sharp edges or points or such other materials as are dangerous to animals or humans; or
2.
Electrified wire; or
3.
For front yard fences, welded wire, steel chain link, rebar, concrete block, concrete, masonry lime or flue tile, or mesh or lathe made of any material.
e.
Fence permits:
1.
Fences greater than 2.5 feet in height shall require the appropriate permit from the building officer.
f.
Construction of fences:
1.
Fences must be constructed within the property lines of a lot and may not encroach on a public road or public right of way, except that the Zoning Officer, in accordance with the provisions of Borough Code Section 14-1.8, may permit a fence to be constructed in the unpaved portion of the right of way if it does not constitute a safety hazard in the opinion of the Chief of Police or his designee.
2.
Fences bordering a street must be built at least 10 feet from the edge of the street pavement, or if there is a sidewalk along the edge of the street when the fence is constructed, 2 feet from the inner edge of the sidewalk, except that the Zoning Officer, in accordance with the provisions of Borough Code Subsection 14-1.8, may permit a fence to be constructed closer to the paved portion of the right of way or the sidewalk if it does not constitute a safety hazard in the opinion of the Chief of Police or his designee.
3.
Fences may not be constructed to obstruct any easement permitting passage over a lot. [e.g. Emergency vehicle access easements.]
4.
Fences to be constructed so the "finished" side faces away from the center of the lot.
5.
Fences on corner lots must comply with Subsection LD-12-23.5 of the Land Use Code.[1]
[1]
That section provides that: "On any corner lot in any residence zone district no fence, structure or planting over 30 inches in height above the curb or edge of roadway shall be erected or maintained within 20 feet of the corner property line so as to interface with traffic visibility across the corner."
6.
Construction of fencing shall not result in damming or diverting of water.
7.
Front yard fences may not be constructed so that more than 50% of its surface area obstructs a view through the fence, from a position perpendicular to the fence.
8.
Fences shall be symmetrical in appearance; shall have posts or columns separated by identical distances; and shall consist of material conforming to a definite pattern.
9.
Fences shall be constructed so as to provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety. The building officer may, in his or her reasonable discretion, require the applicant for a fence permit to obtain certification from the Fire Chief that this condition is met.
g.
Maintenance of Fences:
1.
Fences shall be kept in good maintenance and repair. The property owner shall be responsible for fence repair and maintenance.
2.
The sides of fences facing public rights of way and neighboring properties shall be kept clean and free of mold and mildew and of overgrowth of vegetation. Graffiti on such sides of fences shall be removed within 14 days of the property owners learning of it, unless such graffiti was placed on the wall by a neighboring property owner or resident.
h.
Deer fences:
1.
Notwithstanding the other provisions in this subsection relating to restrictions on the height of a fence, the maximum height of deer fences shall be 10 feet.
2.
Notwithstanding the other provisions in this subsection relating to restrictions on fencing material, deer fences may be made of welded wire or mesh.
3.
As used in this subsection a deer fence is a fence:
(a)
Specifically constructed to control the movement of deer;
(b)
Constructed of vinyl or vinyl coated materials, and wood, iron or steel uprights.
(c)
Dark green, black, or brown in color,
(d)
Have openings no smaller than four square inches,
(e)
Where possible, not break up contiguous forest tracts,
(f)
Constructed in a manner that allows deer to travel from property to property without using public roads, and
(g)
Protective of riparian corridors where feasible.
i.
Nonconforming fences:
1.
Fences which existed prior to the date of the adoption of this subsection may be repaired and/or maintained as their original structure and design.