From Pat Reid:
I was just wondering why fences are permitted on the flared setback (the land in front of the houses on the first two blocks from the ocean.) I was told this land is designated as open space and is tax free. So if it is supposed to be open, how can people fence it in?
Here is a link to a Blogfinger article dated January 2012 regarding the flared setback. BF link
Ken,
I don’t understand how you are not allowed to have a wooden fence but you can have a hedge fence. The Loch Arbour BUBIS v. KASSIN lawsuit required the “tree fence” to be removed. This was upheld by the NJ Supreme Court.
The HPC and Township attorney should review this, remove all types of fences on the flared lots, and change the ordinance.
Gloria,
per HDO 413.02B. Ornamentation. “…shrubbery, flowers, and other similar …” of LESS THAN 30 inches may be placed within the …Historic Flare Avenue Zone.
I also recall that any existing tree branches are to be trimmed to be at least 8′ from the ground.
Most of the fences on the flared open space lots were put there after Ocean Grove was designated as a National Historic District in 1977. Many fences are brand new. Some are even made out of plastic. Some people have used hedges and shrubs to build a fence. The hedge fences are worse than the wooden fences since they grow six feet high. Some people have about a quarter acre of the lot fenced in (tax-free.)
If you can’t walk down the middle of the flared open space lots without running into a wooden or hedge fence, then the lot is not open. If the lot is not open then it should not be tax-free. So why is this property owned by the Camp Meeting Association not accessed correctly? Why doesn’t the Camp Meeting make the flared lots open?
Doesn’t foliage in the flare have similar constraints. How many of these ‘trees’ are considered to be grandfathered/
North-ender,
As J.Cortese commented it is within a property owner’s right to place a fence, not exceeding 2 1/2 feet, on “their” lot but NOT in the tax free “flared open space area.” (see 412.07 A. 2. and 3.)
New house on Ocean and Pathway is thinner then the house next door, looks like they comply. And you can apply for a variance
From what I see, Neptune does nothing: new house on Pathway and Ocean— NO setback; 27 Surf—9 condo’s encroached on setback. What’s Up?
Northender: Its not legal to fence that area in, but unless someone reports it, it wont be enforced. Code enforcement doesn’t drive around looking for violations like that unless its made known and you cause a ruckus.
I have never understood how ocean front property can be fenced in and the owner doesn’t have to pay taxes on it.
The flared setback is a single lot that wraps around the entire block. Every block from Ocean Ave to Central Ave has a flared setback lot. The lot is SEPARATE from the lots that the houses are located and which taxes are paid on. The flared setback is tax free. Neptune Township refers to these lots as “Flared Open Space Avenues.”
From a zoning perspective, how is it legal to fence in a portion of a single lot and combine it with another lot? From a tax perspective, how can a person fence in “open space” land and use it for private use and not pay taxes on it? Isn’t this tax fraud?
If a fence pre-exists the designation of Ocean Grove as a National Historic District, then it is grandfathered in. However, no new fences are permitted in the flared areas. If a grandfathered fence falls down or is dismanteled, a new fence may NOT be rebuilt in it’s place.
According to the HPC Guidelines, the maximun height for rear fences is 60″(5′), side fences 48″(4′). Any permitted side fencing (that is, properties that are not in the flared areas of OG)extending beyond the main body of the house can be no higher than 30″ (2.5′) Front porches are not considered part of the main body of the house. So whever the porch begins, that’s where the fence has to drop down to 30″.