This chapter shall be known and may be cited as the "Fence Ordinance of the Borough of Alpine"

In order to provide for the uniform fencing or otherwise enclosing of properties situated within the Borough of Alpine, in order to ensure the existence of appropriate safeguards against the creation of traffic hazards or fire hazards, and to otherwise provide for the health, safety and welfare of the residents of the borough, the following standards are hereby established for the regulations of fences, walls, retaining walls, hedges and other forms of enclosures used to enclose property within the borough

As used in this chapter, the following terms shall have the meanings indicated

FENCE - Any type of freestanding wall or structural enclosure, other than a wall of a building, whether of wood, metal, wire, concrete or other material

HEDGE - A group of bushes, shrubbery or other plant life so situated as to be similar in function and serve the same ends as a fence, also referred to as a "living fence "

PERSON -- Any landowner, lessor, lessee, tenant or other person in possession of lands lying within the borough

RETAINING WALL - A permanent artificial device constructed to change or preserve the finished grade of a given parcel of land, no portion of which is above finished grade on more than one side of the retaining wall

[Amended by Ord. No. 479]

In all residential zones, designated as such by the current zoning restrictions, regulations and maps in force in the borough, and nonresidential zones, any person who shall erect or maintain a fence, hedge or retaining wall shall be bound by the following limitations where applicable

A. On interior lots no fence of less than 50% open and unobstructed in a uniform manner shall be permitted in excess of a height of six feet for interior lots located along primary streets with speeds of 35 mules per hour or more and of four feet for all other interior lots measured at the finished surface grade whereon the fence is situated, if located in the area formed by projecting the setback line to the side boundaries of the property and between that setback line and the street line of the property

B. No fence shall be located on an interior lot in the portion of the lot remaining after the area described in Subsection A has been subtracted from the total area unless such fence does not exceed the height of six feet if solid or less than 50% open and unobstructed

C. On any through lot the requirements of Subsection A shall apply, using for the computation of the rear restricted area the street line adjacent to the rear portion of the through lot The provisions of Subsection B shall apply to the area between both restricted areas

D. Corner lots

(1) On any corner lot all fences and hedges shall conform to the same requirements as prescribed in Subsection A, except any fence and any hedge adjacent to the intersection street shall not exceed two feet six inches, measured above the curb grade within the triangular area formed by connecting with a straight line each of two points situated 30 feet distant along the curbline from the point of intersection of the two streets forming that corner. Moreover, no fence or hedge less than 50% open and unobstructed in a uniform manner shall exceed the height of four feet from the finished grade wherever the fence or hedge is situated within the area of the property not covered by such triangular area but within 15 feet to the side street line in the R-R, R-A, R-AA, R-1 and R-2 Districts and five feet in the R-2A, R-2B and R-3 Districts Furthermore, any tree or shrubbery within the triangular area above described must be either less than two feet six inches in height, measured along its main trunk or branch or, if in excess of that height, no branches shall be nearer than eight feet to the ground

(2) Notwithstanding the provisions of the preceding paragraph, a solid fence may be constructed up to a height of six feet in that area determined by the following boundaries

(a) The rear lot line

(b) A line parallel to the rear lot line drawn from the rear of the house to the street line

(c) A line drawn parallel to and 15 feet from the side street line in the R-R, R-A, RAA, R-1 and R-2 Districts and five feet from the side street line in the R-2A, R-2B and R-3 Districts

E. In any triangular area as described in Subsection D, the finished grade of any lot shall be not more than two feet six inches in height above the finished grade measured at the curbs to which such triangular area is adjacent If the finished grade is two feet six inches in height, no shrubbery or other planting shall be permitted within such area, and if the finished grade, created either by natural contours or by the use of a retaining wall is less than two feet six inches in height above the curb grade, then any plantings within such area shall be kept to a height so that the total height of the plants above finished grade added to the height of the finished grade above curb shall in no case exceed two feet six inches

F. On inside lots no fences of less than 50% open and unobstructed in a uniform manner shall exceed the height of sic feet measured above the grade level where situate

G. In no case shall a fence be located closer than 10 feet to a curbline or to the edge of the paved roadway and not in the public right-of-way

H. Under no conditions shall a hedge or living fence be planted closer than three feet to a property line

The provisions of this chapter shall not be deemed to prohibit any necessary retaining wall

Fences up to 10 feet, as required around a tennis court, will be considered structures requiring a building permit and shall meet the minimum side and rear yard requirements for an accessory building

In no case shall any barbed wire, spiked, cloth, chipped glass, electrically charged or poultry netting fences, temporary fences, such as snow fences, expandable fences and collapsible fences or other similar devices, be used, except during construction, either by itself or in conjunction with or as a part of any fence or retaining wall constructed or maintained within the borough

Whenever the owner, tenant or person responsible for a particular parcel of land erects a fence or hedge in accordance with the terms of this chapter, (s)he shall be responsible for continually maintaining such fence or hedge Any fence hereafter erected shall have the least objectionable side facing the adjacent property or the street, as the case may be Fences which are painted shall be painted in only one color, harmonious with the surrounding area Multicolored fences are prohibited 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

A. Enforcement officer The Construction Official is hereby designated as the public officer charged with the enforcement of the terms of this chapter

B. Police enforcement The Police Department shall make diligent effort in performing its normal police duties to observe the condition of property at all intersections and to initiate a report, in writing, directly to the Construction Official without having previously received a citizen's complaint concerning the violation

C. Complaints

(1) All complaints which allege violation of any of the terms of thus chapter shall be submitted, in writing, to the Construction Official Upon receiving such written complaint, the Construction Official shall investigate the facts alleged and where, in his/her judgment, it appears that a violation of the terms of this chapter exist, (s)he shall issue a complaint returnable before the Municipal Judge, provided, however, that when any complaint is received alleging a violation of the terms of this chapter for the triangular area described by § 111-41) or E, the Construction Official shall forthwith transmit a copy of the alleged violation to the Chief of Police, who shall in such circumstances investigate the situation and report, in writing, to the Construction Official whether, in his/her opinion, a violation exists, and recommending that a complaint be issued by the Construction Official

(2) The Chief of Police is hereby authorized also to initiate such investigation, or delegate such authority to a member of the Police Department

D. Notice of violation Before a complaint is issued, the Construction Official shall give notification thereof of his/her intent to issue a complaint stating the alleged violation so that the person responsible for the condition shall have an opportunity to abate such condition within the period prescribed by this chapter

A. Removal by owner Where plant life, fences, retaining walls or hedges exist in violation of the terms of this chapter, or where the existence of certain fences or hedges shall have created or tend to create a hazard when considered alone or in connection with other fences or hedges, the person responsible for the condition shall correct the condition within 30 days of being mailed a written notice by the Construction Official, by certified or registered mail, return receipt requested, to the last known address of such persons, describing the violation

B. Removal by borough, lien In the event that such corrective action is not taken, the Construction Official is authorized to take independent action to see that such violation is corrected and shall certify the cost thereof to the Mayor and Council, who shall examine the certification and, if found to be correct, shall cause the cost as shown thereon to be charged against such lands to become a lien thereon and to be added to and become a part of the taxes next to be assessed and levied upon such lands

A. To Zoning Board of Adjustment Any person aggrieved by the terms or this chapter may apply to the Zoning Board of Adjustment for an exception or variance from any provisions of this chapter and such application shall be the same as that prescribed for other variances before that Board, provided, however, that in no case shall the terms of this chapter be varied, unless such variance will not be a substantial detriment to the public health, welfare and safety and will not impair the intent and purpose of this chapter

B. Fees There shall be paid to the borough at the rime of filing an application to the Zoning Board of Adjustment under this section a nonrefundable fee of $75 [Amended by Ord. No. 392]

Any fence, hedge or retaining wall existing on February 23, 1987, which is in compliance with all other ordinances of the borough, but which is contrary to the provisions of this chapter, henceforth shall be deemed a nonconforming appurtenance and shall be treated as are nonconforming uses under the current zoning regulations, provided, however, that any fence, hedge or retaining wall which exists on February 23, 1987, violates the provisions of § 111-4D and E, or pertaining to the triangular area at road intersections, shall be modified and corrected so as to remove the nonconformity Such modification or correction shall be accomplished no later than 90 days from the effective date of this chapter The correction of this type of nonconformity is necessary for the general safety and welfare of the citizens of Alpine and to preserve and protect human lives from injury

A. Required Any person prior to erecting a fence or retaining wall which is regulated by this chapter after the effective date of this chapter shall register such fence or retaining wall by notifying the Construction Official, in writing, on a form which the borough shall supply Such registration shall include the full name of the owner of record of the property, the address of the property, including the lot and block, a brief description of the fence or wall, including its size, type and construction material, and a sketch or survey showing the approximate location of the fence or retaining wall in relationship to the property lines and, if required by the Construction Official, its relationship to existing structures [Amended by Ord. No. 426]

B. Fees At the time of registering the fence or wall there shall be paid to the borough a nonrefundable fee of $15 [Amended by Ord. No. 392]

C. Registration log The Construction Official, upon receiving such registration, shall maintain an appropriate log or other record, and shall notify the Assessor so that the information can be recorded on the permanent record card for the particular tract or parcel upon which the fence or retaining wall has been erected

D. Building permit Persons who file an application to the Zoning Board of Adjustment pursuant to § 111-11 shall, upon receiving approval from that Board, obtain a building permit upon the payment of a fee of $25 to the Construction Official This permit and fee shall be in lieu of the registration and fee required by Subsections A and B

Any person who violates any provision of this chapter, for each and every violation thereof, and for each and every day that such violation thereof continues, shall be subject to a fine of not more than $500 per violation, at the discretion of the Municipal Judge, provided that a violation of the registration procedure prescribed in § 111-13 shall be considered a single violation and a person convicted of that type of offense shall be subject to a fine of no less than $100 and no more than $500, at the discretion of the Municipal Judge