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New Milford City Zoning Code

§ 30-28.14

Fences.

[Ord. No. 97:04 §§ 2—8]
a. 
Compliance Required. Fences may be erected in the Borough providing that the same shall be erected in accordance with the terms hereof.
b. 
Height Restrictions. Fences may be erected in accordance with the following height restrictions:
1. 
Fences not to exceed three (3') feet in height may be erected between the front property line and the building line.
2. 
Fences not to exceed four (4') feet in height may be erected between the front building line and the rear line of the building.
3. 
Fences not to exceed six (6') feet in height may be erected from the rear line of the building to the rear of the property line.
The provisions of this subsection, however, shall not apply to public utilities or agencies subject to the board of public utilities.
c. 
Fence Requirements.
1. 
Fences must be constructed with the face or finished side away from the property and the structural side toward the interior.
2. 
Fences shall be erected as close to the ground as possible without interfering with the flow of natural drainage and shall not cause surface water to be blocked or damned to create ponding.
3. 
For fences required around a swimming pool, see Chapter 23 entitled "Swimming Pools."
4. 
The following fences and fencing material are specifically prohibited at any location on the lot upon which a dwelling or structure is situated except during construction on such property: barbed wire fences; short pointed fences; canvas; cloth; electrically charged fences; poultry netting; temporary fences such as snow fences; expandable fences and collapsible fences.
5. 
Every fence or wall shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the construction code official.
6. 
Fences constructed in the front of any residence or building shall be no closer than ten (10') feet from the curbline or at the property line whichever is greater.
7. 
All fences or walls must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way or to interfere with vehicular or pedestrian traffic or with visibility on corner lots. This encroachment shall include footings for a proposed fence.
8. 
No fence shall be erected within ten (10') feet of any roadway and within twenty-five (25') feet of the intersection of two roadways in the Borough without first obtaining permission and approval therefrom from the Borough Chief of Police, who shall grant approval only when there is a reasonable assurance that the fence will not impair the public's safety.
d. 
Applications. Application for such fences shall be made in writing to the Borough Code Enforcement Officer and shall set forth the following information:
1. 
Owner and address of premises where fence is to be erected;
2. 
Sketch or plan of the fence;
3. 
Description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings; and
4. 
Sketch of the premises in question which shall show the streets abutting and at the nearest intersection and shall approximately indicate the location of structures within fifty (50') feet of the fence.
e. 
Enforcement.
1. 
If the Construction Subcode Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound and upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or wall or portion of fence or wall repaired or removed within 10 days of the date of the written notice. Each day that the person fails to obey the order referred to above shall constitute a separate violation of this section.
f. 
Appeals. All appeals of the Code Enforcement Officer with regard to the approval or denial of an application pursuant to this section shall be made to the Zoning Board of Adjustment.
g. 
Existing Fences. Fences which pre-exist the date of adoption of this subsection are deemed to be pre-existing nonconforming fences. Expansion of an existing fence or construction of a new fence shall comply with the provisions of this subsection.
h. 
Violations and Penalties. Any person, firm or corporation violating any of the provisions of this section, or neglecting or refusing to comply with any of the terms or conditions hereof, shall, upon conviction thereof, be liable to the penalty. Each and every non-conformance with this section or each day any such provision of this section shall have been violated, shall be construed as a separate and distinct violation thereof.