Rumson City Zoning Code
§ 22-7.25
Fences and Walls.
[Ord. 2/28/91; Ord. 5/19/05, § 10; Ord. No. 08-015D, § 1; Ord. No. 09-014D, § 2; Ord. No. 12-013D; Ord. No. 15-007D § 2]
a.
Fences and walls hereafter erected, replaced, or substantially reconstructed and hedgerows in any zone district shall be regulated as follows:
1.
Fences, hedgerows and walls shall adhere to the height standards found in Schedule 7.2 entitled, "Height Restrictions; Hedgerows, Fences and Walls."[1]
[1]
Editor's Note: Schedule 7-2, referred to herein is included as an attachment to this chapter.
2.
Height of fences shall be measured from the ground at the fence line to the highest element of the fence excluding any decorative post cap. Except in minimum clear sight areas, decorative post caps may exceed the permitted height of the highest element of the fence by one-sixth (1/6th) of the permitted height.
3.
Height of walls shall be measured to the top of the wall from the ground elevation at the face of the wall, except if the face of the wall is within two (2') feet of a property line, the height shall be measured from the lower of the ground elevation at the face of the wall or the ground elevation on the adjoining property. Except in clear sight areas, measurements for walls shall exclude decorative wall elements similar to post caps on fences, which may exceed the permitted height of the highest element of the wall by up to one-sixth (1/6th) the permitted height.
4.
In any business zone, open wire fences not exceeding eight (8') feet in height may be erected in the rear or side yard areas and behind the building setback line in accordance with a site plan approved by the Municipal Agency.
5.
On park, recreation or school properties, open wire fences not exceeding eight (8') feet in height may be erected in the rear or side yard areas and behind the building setback line.
6.
Fences or walls exceeding the maximum height allowed are permitted if they are specifically required or approved by the Municipal Agency or required by another provision of this chapter or other municipal and State regulations.
b.
All fences, walls and hedgerows must be erected or installed within the property lines, and no fences, walls and hedgerows shall be erected so as to encroach upon a public right-of-way. The face of retaining walls shall be located in compliance with the accessory structure setback requirements found in Schedule 5-1, except: when approved by the Municipal Agency, or within buffers, around refuse areas or when used for dog runs, garden enclosures or similar normal residential accessory uses. Back-to-back fences are permitted at the property line. Hedgerows shall be located so that foliage, at full maturity, shall not extend into the public right-of-way.
c.
Barbed wire, razor wire, canvas or cloth fence and fencing construction are prohibited in all zones. Metal fences greater than four (4') feet in height shall have a flat top; use of pointed posts or pickets is prohibited.
d.
All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
e.
The width of supporting members, columns or pillars for an open fence cannot exceed either two (2') feet or 1/10 of the length of open fencing between support members, whichever is less.
f.
Entrances to Private Driveways.
1.
Remotely controlled security gates are allowed on private drives and driveways, but such gates shall not impede fire or emergency access. Security gate systems shall be set back to provide a queuing area of at least thirty (30') feet clear of the curbline or sidewalk. Security gates systems must be "power loss fail-safe." In the event of power loss, the gate must open or be easily opened manually. In the event that the Borough adopts by ordinance a standard for remote operation of security gates by public safety personnel, all security gate systems must be brought into compliance with such standard within one year of adoption and thereafter maintained and operated only in compliance with such standard.
2.
Height of decorative driveway entrance structures may exceed the maximum permitted fence height by one-sixth (1/6th) of the permitted height. Columns or pillars as a component of any ornamental entrance structure may have a width and depth up to of thirty-six (36") inches. Non-open fence and walls may be utilized as an element of a decorative driveway entrance structure for a maximum on each side of the driveway equal to the permitted maximum fence height. No decorative driveway entrance shall impede fire or emergency access.
g.
Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.
h.
Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.
i.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
j.
No hedges or screen plantings over three (3') feet in height shall be permitted in the water setback in an area equal to 50% of the building setback to the bulkhead or high-water line, or fifty (50') feet, whichever is the lesser distance. This section shall not be construed to prohibit the planting of shade or ornamental trees either individually or in small groupings. The height of fences within the required river setback shall be in accordance with subsection 22-7.25, Schedule 7-2.[2]
[2]
Editor's Note: Schedule 7-2, referred to herein is included as an attachment to this chapter.