Amending Chapter 102 Section 116 of the Land Use Code entitled Conditional Uses and Section 120 entitled Special Regulations for certain uses and structures
Whereas, Chapter 102, Section 116 & 120 of the Land Use Code shall be amended to read as follows:
102-120 Special Regulations for Certain Uses and Structures
F. Fences and retaining walls. [Amended 06-16-03 by Ord. 2143]
- No permit is required for the construction of any fence or wall which is four (4) feet or less in height provided that it complies with the requirements of Section 102-116U of the Code.
- No fence or freestanding wall shall exceed six (6) feet in height, if located in the rear or side yard, or four (4) feet in height, if located in the front yard, unless it complies with 102-116U. On through lots, a fence located between the street and the rear of the principal building shall be permitted to be six (6) feet high; provided, however, that within the minimum required front yard setback for such yard, the fence shall not exceed a height of (4) feet.
- The height of retaining walls shall not exceed four (4) feet in height; provided that in the case of terraced retaining walls, each section shall be permitted to be four (4) feet high. Each section of a terraced retaining wall shall be separated by a distance of at least twice the height of the adjacent higher section of the wall.
- Fences in the front yard shall not be more than sixty percent (60%) solid when viewed from a point perpendicular to the fence, unless it complies with 102-116U.
- When a fence contains a finished or preferred side and an unfinished or less preferred side, the finished or preferred side shall face the street and adjoining properties, as applicable, depending upon the location of the fence.
- No fence shall use hazardous materials such as barbed wire, ribbon wire, broken glass or other sharp edges, and no fence shall be electrified so as to produce a shock when touching the fence.
- a) All construction sites and building lots located within the B-1 and B-2 zone districts with one hundred (100) feet of street frontage or less shall be either landscaped or enclosed with a solid PVC or stockade fence that is between six (6) and seven (7) feet high or, if compliance with such landscaping or enclosure is not feasible, as reasonably approved by the Borough Planner. The landscaping shall consist of (at a minimum) of the lot being graded, top soiled and seeded. Where applicable, soil erosion control measures as required by the Soil Conservation District shall be employed. Landscaping shall only be performed during the growing season (May to October). Through landscaping, the site shall be free of debris, rocks, and have a vegetative ground cover of at least eighty-five percent (85%) of the lot square footage. In addition, the lot shall be capable of being mowed. Vegetative cover shall be achieved within thirty (30) days of seeding. The property owner shall maintain the fencing and/or landscaping including trash removal.
b) Construction sites and building lots with more than one hundred (100) feet of street frontage shall be appropriately fenced and/or landscaped. The height and type of fencing and required landscaping to be installed shall be as reasonably recommended by the Borough Planner. [Added 4-6-09 by Ord. 2292] - Fences and retaining walls shall not obstruct the sight lines of driveways, street intersections or be placed within the street right-of-way irrespective of whether they are compliant with other Sections of the Code. [Added 12-16- 13 by Ord. No. 2425]
102-116 Conditional Uses
Add Section U under 102-116 Conditional Uses which states the following:
- Corner lots, as defined in §102-4, have two (2) front yards and if desired, the requirements stated in §102-120F can be followed. Any fence located in the front yard of the building’s street address shall be constructed in accordance with §102-120F.
- The conditions below apply to fences not located in the front yard of a building’s street address and shall be applicable to fences located outside of the safety triangle described in § 102-117i. Fences located within the Safety Triangle shall comply with the requirements stated in § 102-117i. The conditions below shall apply to the specific proposed fence as appropriate.
a) All fences shall be located a minimum of three (3) feet from the public sidewalk or three (3) feet from the property line where sidewalks do not exist. In addition, the fence shall be located on private property and not within the street right-of-way, despite the location of the property line.
b) Up to 30% of the length of a fence may have a maximum height of five (5) feet and be solid.
c) A living fence or landscape fence which includes a row of shrubs, hedgerows, landscape berms or similar plantings shall not exceed a maximum height of four (4) feet.
d) A picket fence (fence with in-line boards no larger than one inch x three inches with gaps equal to the width of the Boards) shall not exceed a maximum height of five (5) feet.
e) Ornamental fence (wrought iron, tubular aluminum or similar) shall not exceed a maximum height of five (5) feet.
f) A combination fence is permitted. The open portion of the fence can be a lattice (open framework made of strips of wood or similar material overlapped or overlaid in a regular crisscross or decorative pattern. The maximum height of the combination fence shall be five (5) feet.
g) A board-on-board fence (fence with alternating vertical boards over horizontal structures that give the fence a finished look on both sides) shall not exceed a maximum height of four (4) feet.
h) A chain-link or cyclone fence (constructed of woven wire fence) with solid privacy inserts shall not exceed a maximum height of three (3) feet.
All applications proposing to use the above stated conditional use standards shall be reviewed by the Architectural Review Board (ARB) and members of the ARB shall be residents of the Borough unless otherwise specifically authorized by the Code. To the extent possible, the ARB shall include a resident of the Borough that is not affiliated with the Board of Adjustment, Planning Board or Downtown Somerville Alliance. The ARB shall make a recommendation to the Planning Board regarding the proposed fence and its compliance with the conditional use requirements of this Section. Should the ARB not recommend approval of the fence as being compliant with this Section, the applicant shall have the right to apply for the fence permit directly to the Planning Board
Should the Planning Board determine that the fence does not comply with the conditions of this Section, the applicant can submit the application to the Board of Adjustment for approval pursuant to N.J.S.A. 40:55D-70(d)(3).
Introduction: November 18, 2024
First Publication: December 5, 2024
Adoption: December 16, 2024
Final Publication: December 20, 2024