Brielle City Zoning Code
ARTICLE VIII
FENCE AND HEDGE REGULATIONS
§ 21-38 PURPOSE; PERMIT REQUIRED.
[Ord. #255; Ord. #592; 1972 Code § 89-36; amended 9-13-2021 by Ord. No. 1110]
The intention of these requirements is to provide standards for the protection of the health, safety and aesthetic values of adjacent property. A fence over four feet in height shall require a building permit.
a.
No fence shall be erected within the Borough of Brielle unless a permit for the erection of such fence shall have been obtained from the Construction Official and/or Zoning Officer in accordance with the requirements of this section. The fence permit application shall further be accompanied by an accurate survey indicating the tax lot and block upon which the proposed fence is to be located, the name and address of the applicant, the height and location of the proposed fence in relation to all property lines of the premises upon which the fence is to be located and the material and type of construction of the proposed fence. "Fence or fencing" is defined as any wood, masonry, plastic, metal, vinyl or aluminum structure(s) or any wall, constructed to shield, screen, or protect a lot or portion of a lot.
b.
No fence which shall be constructed under this section within the front yard setback area of any lot shall exceed four feet in height. Any such fence constructed within the front yard setback shall be open, that is, of a design such as chain link, post and rail or pickets. All pickets shall be spaced at least two inches apart, and each picket shall be no more than 3 1/2 inches in width.
c.
No fence that is constructed under this section along any side or rear property line shall exceed six feet in height.
d.
Any fence to be constructed under this section shall be erected with the finished side facing the exterior of the lot which is being enclosed and shall be maintained in good and safe condition at all times. In addition, where a wire, or chain link fence is to be constructed under this section, the unfinished or cut portion of such fence shall be installed toward the ground.
§ 21-39 INTERSECTIONS.
[Ord. #255; Ord. #592; 1972 Code § 89-37; amended 9-13-2021 by Ord. No. 1110]
a.
At the intersection of two or more streets no wall, fence, hedge or other structure shall be erected to a height in excess of three feet above curb level, nor any other obstruction to vision shall be permitted within the triangular area formed by the intersecting street lines at points which are 25 feet distant from the point of intersection, measured along the street line. Trees whose branches are trimmed away to a height of at least 10 feet above curb level shall be permitted.
b.
Any fence which shall be constructed under this section at the corner, or a comer lot shall be placed at 45° to each sideline for a distance of 10 feet back from the intersection of the fence line along both street sides of the lot and shall not create a view of obstruction. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in paragraph a.
c.
No fence shall be erected in the public right-of-way under any circumstances.
d.
No fence to be constructed under this section shall be located less than 10 feet from the pavement or cartway of any street, whether public or private.
§ 21-40 HEIGHT.
[Ord. #255; Ord. #592; 1972 Code § 89-38; amended 9-13-2021 by Ord. No. 1110]
a.
On any lot in any residence district, no wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height, except tennis court fences which shall have a maximum height of 12 feet. Tennis court fences shall be restricted to open mesh material.
b.
The height limitations provided for in this section shall not be applicable to any fence constructed in any industrial or commercial development within the Borough of Brielle. Such fences shall be reviewed and approved by the Borough Planning Board or Board of Adjustment.
§ 21-41 DANGEROUS.
[Ord. #255; Ord. #592; 1972 Code § 89-39]
No fence in a residential zone shall be erected of barbed wire, or electrified or topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
§ 21-42 TYPE.
[Ord. #255; Ord. #592; 1972 Code § 89-40]
Solid architectural fences shall be required along all lot lines except the street line for all non-residential lots where said property lines abut residential zoning district lines. A wooden solid fence or similar fence easily entered by emergency apparatus shall be permitted. Such architectural fences may be made of any material 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 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, chain link with plastic slats, or chain link with redwood slats shall not be considered to be an architecturally solid fence. A wall or fence which restricts the natural flow of drainage or causes stagnant water conditions shall not be permitted. The wall or fence shall be ordered removed or corrected by the owner upon direction of the Building Inspector.
§ 21-43 MAINTENANCE.
[Ord. #255; Ord. #592; 1972 Code § 89-41]
In any district, walls or fences erected shall be maintained in an aesthetically pleasing manner and any failure to do so shall be subject to the Building Inspector's order to repair or replace the wall or fence in order to meet the requirements of this Chapter.
§ 21-44 SWIMMING POOLS.
[Ord. #255; Ord. #592; 1972 Code § 89-42]
There shall be a fence, not less than four feet high completely enclosing any below-ground swimming pool and any other swimming pool of 100 square feet of surface water area or more and which is less than four feet above the ground. Each gate in a pool fence shall be capable of being locked when not in use.
§ 21-45 FINISHED SIDE.
[Ord. #255; Ord. #592; 1972 Code § 89-43]
The finished side of all fences shall be on the outside facing away from the lot on which it is erected. The intent of this provision is for safety purposes to prevent easy access from neighboring property.