ORDINANCE # 973-08
AN ORDINANCE SUPPLEMENTING AND AMENDING CHAPTER 165 ENTITLED
"LAND USE REGULATIONS" (AMENDING STANDARDS AND THE SCHEDULE OF
ZONING REQUIREMENTS) OF THE CODE OF THE TOWNSHIP OF CLINTON,
2003, TO REVISE THE REGULATIONS CONCERNING FENCES IN THE TOWNSHIP.
BE IT ORDAINED, by the Mayor and Township Council of the Township of Clinton, County
of Hunterdon and State of New Jersey, as follows:
1. Section 165-4 entitled "Definitions" of Article II entitled "Definition of Terms" of Part 2
entitled "Definitions" of Chapter 165 entitled "Land Use Regulations" of The Code of the
Township of Clinton, 2003, is hereby supplemented and amended to add the following definition
(deletions are indicated thus; additions are indicated thus):
FENCE - An artificially constructed barrier of wood, masonry, wire, metal or any other
combination of materials to enclose, screen, or separate areas. A berm, or earthen berm,
shall not be considered a fence under this definition.
2. Section 165-117.1 entitled "Fences" of Article XVI entitled "General Provisions" of Part 7
entitled "Zoning Regulations" of Chapter 165 entitled "Land Use Regulations" of The Code of
the Township of Clinton, 2003, is hereby supplemented and amended to revise the rules
governing the construction and placement of fences as follows (deletions are indicated thus;
additions are indicated thus):
ยง165-117.1. Fences.
A. All fences shall be situated on a lot in such a manner that the finished side of the
fence shall face adjacent properties. All fences shall be uniform and symmetrical in
appearance, shall have posts or columns separated by identical distances, except for
deviations required by construction factors, and shall consist of materials
conforming to a definite pattern. No fence shall be erected of barbed wire, razor
wire, topped with metal spikes or other sharp objects, nor constructed of any
material or in any manner which may be dangerous to persons or animals, except
wire fences shall be permitted for qualified (under the New Jersey Farmland
Assessment Act Editor's Note: See N.J.S.A. 54:4-23.1 et seq.) farms. For qualified
farms wire farm fences are allowed in any yard and may be constructed in generally
accepted farm use manner.
Purpose. The purposes of this section are as follows:
(1) To regulate the height, location, and type of fencing that is erected within
the Township.
(2) To ensure that the visual character from public rights-of-way are not unduly
obscured by fences and walls.
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B. General requirements for all zoning districts
(1) All fences shall be situated on a lot in such a manner that the finished side
of the fence shall face adjacent properties.
(2) All fences shall be uniform and symmetrical in appearance, shall have posts
or columns separated by identical distances, except for deviations required
by construction factors, and shall consist of materials conforming to a
definite pattern.
(3) No fence shall be erected of barbed wire, razor wire, topped with metal
spikes or other sharp objects, nor constructed of any material or in any
manner which may be dangerous to persons or animals, except wire fences
shall be permitted for qualified (under the New Jersey Farmland Assessment
Act Editor's Note: See N.J.S.A. 54:4-23.1, et seq.) farms. For qualified
farms wire farm fences are allowed in any yard and may be constructed in
generally accepted farm use manner.
(4) Fences may be placed with the outer face located on the property line,
except where a setback from the property line is required as specified in this
Section.
(5) No fence shall be constructed or located in such a manner as to block or
otherwise interfere with any drainageway, natural drainage flow, surface
water, or surface water runoff, as said terms are defined in Article XXXV of
this Code.
(6) Chain link fences shall be prohibited in front yards and in side yards
between the street right-of-way and the front yard setback line in all zones
in the Township.
(7) The installation of all fences shall require a zoning permit issued by the
Township Zoning Officer and any fence that is over six feet in height shall
also require a building permit issued by the Township Construction Official.
(8) No fence shall be constructed within any public right-of-way, a sight
triangle area or within a publicly owned easement area.
(9) All fences shall be maintained in a safe, sound, upright and painted (if the
original fence was painted) condition.
(10) The location of retaining walls, guardrails, and other structural or safety
elements intended for purposes other than screening or decoration is exempt
from the regulations contained in this Section.
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(11) Fencing as required by the Uniform Construction Code Editor's Note: See
Ch. 97, Construction Codes, Uniform of the Township of Clinton for pools
and other designated locations shall conform to the standards required
therein.
(12) A tennis court area, located in rear yards only, may be surrounded by a
fence a maximum of 12 feet in height; said fence to be set back from any lot
line the distance required for an accessory building in the zoning district.
(13) A dog run may have fencing a maximum seven feet in height provided it is
located in rear yard areas only and conforms with the required set back from
any side or rear lot line as required for accessory buildings and structures as
specified in this Chapter.
(14) A deer protection fence, consisting of a fence material which shall be an
open type wire grid so as to minimize the fence's visual impact on
surrounding properties, shall be permitted in side and rear yards only,
provided that in side yards it is located no closer to the street right-of-way
than the front yard setback line, and may be no more than eight feet in
height.
B C. Fences in residential districts.
(1) A fence, four three feet or less in height, and no more than 50% solid, shall
be permitted in the front yard, provided that the fence is located at least
two feet from the front or side property line. For the purposes of this section,
any yard lying between the street right-of-way and the principal building, as
in a corner lot, shall be considered a front yard.
(2) A fence, exceeding four feet in height but not exceeding six feet in height,
shall be permitted in the front yard in zoning districts where the minimum
front yard setback is at least 50 feet, provided that such fence is located no
closer to the street right-of-way than the required front yard setback line
plus an additional 25 feet.
(2) (3) A fence, seven four feet or less in height, and no more than 50% solid, shall
be permitted in a side or rear front yard, except that fences in a side yard
located between the front lot line and the front yard setback line may not
exceed four feet in height. provided that the fence is located at least 10 feet
from the front property line and two feet from the side property line.
(3) (4) Gates or pillars shall be permitted, not to exceed 6 feet in height and located
only at the main entry drive to any residential property. Such gates or pillars
shall slope downward to four feet in height within 10 feet of the inside face
of the pillar or gatepost closest to the driveway. A fence not to exceed six
feet in height may be constructed in a side or rear yard, provided that the
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fence is located at least two feet from the side or rear property line. In the
VR, AH-1 and AH-3 Districts, side and rear yard setbacks shall not apply.
C D. Fences in nonresidential districts. Fences in nonresidential districts may be
required by the Planning Board as part of a site plan application. In such
circumstances the fence shall conform to the following standards.
(1) A fence, four three feet or less in height , and no more than 50% solid, shall
be permitted in the front yard, provided that the fence is located at least two
five feet from the front property line and two feet from the side property
line. For the purposes of this section, any yard lying between the street
right-of-way and the principal building, as in a corner lot, shall be
considered a front yard.
(2) A fence four feet or less in height, and no more than 50% solid, shall be
permitted in the front yard, provided that the fence is located at least 15 feet
from the front property line and two feet from the side property line.
(2) A fence, exceeding four feet in height but not exceeding six feet in height,
shall be permitted in the front yard in zoning districts where the minimum
front yard setback is at least 50 feet, provided that such fence is located no
closer to the street right-of-way than the required front yard setback line
plus an additional 25 feet.
(3) A fence not to exceed eight feet in height may be constructed in a side or
rear yard, provided that the fence is at least two feet from the side or rear
property line, except that fences in a side yard located between and the
street right-of-way and the front yard setback line may not exceed four feet
in height.
D. Fencing as required by the Uniform Construction Code Editor's Note: See Ch. 97,
Construction Codes, Uniform of the Township of Clinton for pools and other
designated locations shall conform to the standards required therein.
E. A tennis court area, located in rear yards only, may be surrounded by a fence a
maximum of 12 feet in height; said fence to be set back from any lot line the
distance required for an accessory building in the zoning district.
F. No fence shall be constructed within any public right-of-way, a sight triangle area
or within a publicly owned easement area.
G. All fences shall be maintained in a safe, sound, upright and (if the original fence
was painted) condition.
H. No fence shall be constructed or located in such a manner as to block or otherwise
interfere with any drainageway, natural drainage flow, surface water, or surface
water runoff, as said terms are defined in Article XXXV of this Code.
3. Severability. The various parts, sections and clauses of this Ordinance are hereby declared to
be severable. If any part, section, paragraph, sentence or clause is adjudged to be
unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance
shall not be affected thereby.
4. Inconsistency. All ordinances or parts of ordinances inconsistent with this Ordinance are
hereby repealed to the extent of such inconsistency.
5. This ordinance shall take effect upon final passage, publication, and its filing with the
Hunterdon County Planning Board in accordance with law.
I, Donna Burham, Township Clerk, hereby certify that the Ordinance published herewith was introduced on first
reading at a meeting of the governing body of the Township of Clinton, County of Hunterdon, held on October 22,
2008. The Ordinance will be further considered for final adoption after public hearing, at a meeting of the
governing body to be held in the Clinton Township Public Safety Building, 1370 Route 31N, Annandale, NJ
08801, on November 25, 2008, at 7:30 p.m. Copies of this ordinance shall be made available in the Municipal
Clerk's office to members of the general public who shall request same. Such copies shall be provided free of charge.
Donna Burham
Township Clerk
For more information, contact:
Clinton Township
1370 Route 31 North
Annandale, NJ 08801