Fence Codes and Ordinances
Official Fence Codes For Lincoln Park, NJ
ORDINANCE 22-15
AMENDING CHAPTER 28, ZONING, OF THE ORDINANCES OF THE BOROUGH OF LINCOLN PARK; ADDITION OF SECTION 28-197 FENCES AND WALLS
IT IS HEREBY ORDAINED by the Borough Council of the Borough of Lincoln park, in the County of Morris, State of New Jersey, as follows:
Section 28-197 Fences and Walls:
- Permitted Accessory Structures:
Fences and Walls in excess of 18 inches in Height shall constitute permitted accessory structures in all zones. Such fences and walls shall be subject to the standards set forth below.
- General Requirements:
(1) The finished side of every fence must face the property adjoining the lot on which the fence is erected.
(2) No fence or wall shall be erected or maintained at height or in a location that would limit or restrict sight distance required for any street or driveway under the Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq., or any other regulation of the Borough of Lincoln Park, the County of Morris, or the State of New Jersey.
(3) No fence may contain razor ribbon or barbed wire.
(4) Electrified fences are prohibited.
(5) No fence shall be constructed or maintained in any manner which creates an unreasonable risk of harm to persons or animals.
(6) No fence or wall shall be erected or maintained closer than six inches to any property line.
(7) Fences constructed above or on top of retaining walls shall be separated from the retaining wall below by a horizontal distance equal to the height of the retaining wall or the fence, whichever is greater. Fences and walls constructed in compliance with this spacing requirement shall be deemed to constitute separate structures for purposes of calculating height. Otherwise, such fences and walls shall be deemed to constitute one structure for purposes of height calculations. Fences less than 25% solid that do not exceed 4 feet in height shall be exempt from the requirements of this Section 28-197B(8)
- Fences and Walls Located Closer to the Street than the Principal Building:
(1) No wall except a retaining wall shall be erected or maintained closer to a street line than the closest point of the principal building. Such retaining walls shall not exceed four feet in height.
(2) Fences erected or maintained closer to a right of way than the closest point of the principal building shall not exceed 4 feet in height.
(3) No fence which is 25% solid or move shall be erected or maintained closer to any street line than the principal building except for a decorative fence such as a picket fence.
- Fences and Walls in Side and Rear Yards:
(1) No fence or wall erected or maintained in any side or rear yard shall have a height exceeding six feet, except that security fences in the side and/or rear yards of properties located in the I, TI, Ai, and PI Zones shall be permitted to be up to eight feet in height.
(2) Fences and Walls erected in side and rear yards may be up to 100% solid.
- Fences or Walls for Swimming Pools, Hut Tubs, and Similar Facilities:
Swimming pools, hot tubs, and similar facilities hall be screened from all adjoining properties by a sold fence or wall as per Appendix G Swimming pools, spas and hot tubs” of the 2009 International Residential Code.
- Fencing for Certain Athletic Facilities:
The provisions of the Section 28-197 shall not apply to fences for athletic fields or tennis courts on public property or public or private school property.
- Zoning Permit Required
No fence or wall regulated by this section shall be erected, constructed, installed, altered, modified, enlarged or extended except in accordance with a Zoning Permit issued by the Zoning Officer.
SECTION 2. All ordinances of the Borough of Lincoln Park which are inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
SECTION 3. If any section, subsection, clause or phase of this ordinance is for any reason held to be unconstitutional or invalid by any court of competent jurisdiction, such decision shall not affect the remainder of the ordinance.
SECTION 4. This ordinance shall take effect immediately upon final passage, approval and publication as provided by law.
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