Freehold City Zoning Code

"Fence" means any artificially constructed barrier of wood, masonry, stone, wire, plastic, metal or any other manufactured material or combination of these materials, erected for the enclosure of land, and/or dividing one piece from another. Fences shall also include any hedge, tree, evergreen, shrub, bush or other planting when located within a twenty-five (25) foot radius of the corner curb line of the intersection of any two or more streets or roadways.

(Prior code § 19-15.1)

A.

All fences shall be maintained in a safe, sound and upright condition.

B.

No fence shall be erected, altered, or reconstructed which is imbedded with or made of pieces of glass, sharpened metal, or sharp, protruding or otherwise hazardous materials, nor shall any fence be erected which is likely to injure persons or animals.

C.

Barbed wire fences shall not be permitted except in business or industrial zones and then only consistent with the provision of Section 18.76.040(B).

D.

Electrically charged fences are expressly prohibited in all zones.

E.

The finished side of all fences shall face towards adjacent properties.

F.

The restrictions of this chapter shall not be applied so as to prevent the erection of an open wire fence not exceeding fifteen (15) feet in height above ground level anywhere within a public park, public playground, public school property or around a commercial recreation use where such fence is for the purpose of containing an implement or missile necessary for the conduct of such recreational activity. The restrictions of this chapter shall not be applied so as to restrict the erection of any wall for the purpose of retaining earth, provided that such wall does not exceed a height of three feet to be measured from the ground level of the highest adjacent grade.

G.

No fence shall be erected or maintained at a height in excess of three feet when located within a thirty (30) foot radius of the corner curb line of the intersection of two or more streets or roadways.

(Prior code § 19-15.2)

A.

Fences not to exceed four feet in height above ground level may be erected between the front property line and the building line, except that townhouse units and other unit types determined to be of a similar type shall not be permitted to erect fences in the front yard area.

B.

Fences not to exceed five feet in height above ground level may be erected between the front building line and the rear line of the building.

C.

Fences not to exceed six feet in height above ground level may be erected from the rear line of the building to the rear of the property line.

D.

No fence which is more than fifty (50) percent solid shall be permitted in any front yard. No fence which is more than fifty (50) percent solid shall be permitted within ten (10) feet of the front sidewalk, or in the event no sidewalk exists, of the front property line. Any fence located within ten (10) feet of the front sidewalk, or in the event no sidewalk exists, the front property line, shall have at least fifty percent (50%) open.

E.

The provisions of this section shall apply to the following zones: R-10, R-7, R-5, R-4, A, TH, PRD.

(Ord. 2000/22 § 1; prior code § 19-15.3)

A.

Fences in the B-1, B-2, B-2A zones may be erected to a height not to exceed six feet above ground level in any yard. Fences in the C-M and M-1 zones may be erected to a height not to exceed six feet except that open wire fences may be erected to a height not to exceed eight feet above ground level in a side or rear yard.

B.

When used in the C-M and M-1 zones, barbed wire may only be used for security purposes and must be erected on top of a fence having a minimum height of six feet above ground level.

(Prior code § 19-15.4)

A.

Application. Whenever a fence is erected under this chapter, a fence permit shall be obtained from the building inspector prior to erection. The applicant shall be responsible for location of fence and the borough shall have no responsibility with regard to such location. Applications for such permits shall be made in writing to the building inspector of the borough and shall set forth the following information:

1.

The owner and address of the premises where the fence is to be erected;

2.

The description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings;

3.

A sketch which shall show the location of the fence in relation to all of the structures and buildings and relation to all streets, lot property lines and yards.

B.

Issuance. The building inspector shall issue a permit for and approve the construction of any fence which complies with the provisions of this chapter and provided further any such fence does not endanger the safety of persons lawfully using the public streets.

(Prior code § 19-15.5)

If the building inspector upon inspection determines that any fence or portion of any fence is not being maintained in a safe, sound and upright condition, or has been erected, altered or reconstructed in any manner inconsistent with the provisions of this chapter, he or she shall notify the owner of the fence in writing of his or her findings and state briefly the reasons for the findings and order such fence or portion of the fence repaired or removed within thirty (30) days of the date of the written notice.

(Prior code § 19-15.6)

Any owner or owners who shall not repair or remove any fence within thirty (30) days of written notice of a violation of this chapter shall be guilty of a violation of this chapter and upon conviction thereof shall be punished by a fine not exceeding twenty-five dollars ($25.00). Each day that a violation continues shall constitute a separate offense.

(Prior code § 19-15.7)