These are the areas in the town ordinance (code) that mostly pertain to fence:
Fence and walls, including retaining walls
§ 195-25.5Fences and walls, including retaining walls.
[Amended 1-26-2004 by Ord. No. 3-2004; 11-26-2007 by Ord. No. 71-2007]
Fences or walls in excess of 18 inches in height shall be considered as structures accessory to a principal permitted use and shall be permitted in accordance with the standards set forth below:
A. Maximum height and location in residential zones. All
fences and walls in residential zones shall comply with the standards in Schedule A:
Fence and Wall Diagram.[1]
B. General regulations for
fences and walls, including retaining walls.
(1) No fence or wall shall be constructed or installed so as to constitute a hazard to traffic or safety.
(2) No fence or wall in a residential zone shall be greater than six feet in height except in the case of tennis court and similar sports court facilities.
(3) In all nonresidential zones no fence shall exceed six feet in height. On properties with nonresidential uses which abut residential uses, any open fencing shall be buffered with evergreen landscaping.
(4) Except for locations within sight triangles, hedges and other landscaping shall be exempt from the height limitations of this subsection but shall not be located so as to constitute a hazard to traffic or safety.
(5) The face or finished side of a fence or wall shall face the adjacent property or street.
(6) No fence or wall shall be constructed with barbed wire, metal spikes or other such dangerous material or constructed in such manner as to be dangerous to animals or humans.
(7) No fence or wall shall be constructed without the issuance of a zoning permit or a building permit.
(8) All fences and walls shall be contained within the property lines of the parcel containing the principal use.
(9) Retaining walls over 18 inches in height shall be set back from any property line by at least two feet or set back a distance equal to the height of the retaining wall or retaining wall series, whichever is greater.
C. Swimming pool fences. Every private swimming pool shall have a fence enclosure which complies with the New Jersey Uniform Construction Code.
D. Retaining walls. Any retaining wall 48 inches or greater in height, or a series of retaining walls along the same ground slope which together total 48 inches or greater in height, shall require a building permit.
Fence and Gates (regarding Pools)
§ 170-3 Fences and gates.
[Amended 7-10-1967 by Ord. No. 860]
Every private swimming pool within the Borough of Madison shall be completely surrounded by a fence or wall not less than four feet in height, which shall be so constructed as to not have openings, holes or gaps larger than four inches in any dimension, except doors and gates. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. Said fence or wall shall be so constructed a distance of at least three feet from the outside edge of the swimming pool. A dwelling house or accessory building may be used as part of such enclosure. All gates and doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gates or door securely closed at all times when not in actual use, except that the door of any dwelling which forms part of the enclosure need not be so equipped. Any existing private swimming pools shall be provided with an enclosing fence or wall and gate within 45 days of the date of final adoption of this chapter.
A structure made of posts or stakes, joined together by boards, wire or rails, serving as an enclosure, a barrier or as a boundary. The height of a
fence shall be measured from the ground surface at the base of the
fence to the highest part of the structure above the base except that posts shall be permitted to extend up to six inches above the height limit. An open
fence shall be considered a structure having voids comprising 45% or more of the
fence facade area. Typical open
fence styles include post and rail, chain link, spaced picket, and ornamental rigid metal. All other
fences and walls shall be considered solid
fences. Typical solid
fence styles include stockade, board-on-board, and solid picket.
[Amended 11-26-2007 by Ord. No. 71-2007]
