[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 2-16-1953 by Ord. No. 210, approved 2-16-1953. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The whole right-of-way which is reserved for and secured
by the Borough and legally open to public use between property lines,
including the roadway, footwalks, curbs, gutters and unpaved areas.
No fence, wall, hedge or structure shall be placed or erected
in or upon any highway or street in the Borough of Colwyn.
[Amended 10-13-1983 by Ord. No. 426; 6-29-2006 by Ord. No. 523]
A.
No fence or wall shall be erected in the front yard area of any lot,
tract or parcel of land in the Borough, unless it is natural living
vegetation (i.e., plants, trees, hedges) of which the height shall
not be greater than four feet for a living fence (vegetation), for
which a no-fee permit is required.
[Amended 6-12-2008 by Ord. No. 529]
B.
No fence or wall in a residential district shall be constructed to
a height of greater than four feet on any portion of the side yard
on any lot, except that residential properties adjoining nonresidential
uses may construct a fence to a height not greater than six feet on
any portion of the rear and/or side yard that adjoins a nonresidential
use. The fence or wall must be located at least one foot off the sidewalk,
street or alleyway.
C.
No fence in a residential district shall be constructed to a height
of greater than six feet on any portion of the rear yard on any lot
or piece of ground.
D.
No fence in an industrial, business or nonresidential district shall
be constructed to a height of greater than 10 feet on any portion
of the side and rear yard on any lot or piece of ground.
E.
No fence shall be erected on an unoccupied lot, unless approved as
a variance by the Zoning Hearing Board.
F.
No fence or wall shall be constructed or maintained that contains
barbed wire, razor wire, chicken wire, spikes or any other dangerous
protrusions. Electrified fences shall be prohibited.
G.
No fence or wall shall be placed within six inches of the property
line between the property on which the fence or wall is constructed
and the adjoining property, unless such adjoining property owner shall
agree, in writing, prior to the issuance of a permit, that such fence
may be placed upon the property line.
H.
No fence, wall or hedge (including natural vegetation) at any time
shall prevent the clear view of motor vehicle traffic entering or
leaving from adjoining streets and driveways.
I.
An owner of a property which has an unopened street as a side or
rear yard line may erect a wall or fence to the right-of-way line,
provided that the owner agrees, in writing, to the removal of the
fence or wall if the street is opened at a later date.
J.
Corner lot situations.
(1)
Upon approval of the Zoning Hearing Board, by variance, one frontage
section of a corner property containing a single-family home may be
designated as a side and/or rear yard. (See Exhibit A at the end of
this chapter.) This is to allow an approved fence meeting all of the
standard regulations of this section.
(2)
Said fence is to be shielded within a reasonable period of time from
view from the street and adjoining properties by screening.
K.
Fences, as described throughout this section, shall be placed so
as to present the most attractive side of the fence [painted, finished,
constructed (structural supports to be placed on inside facing installer's
side), planted, etc.] to the neighbor on whose adjoining land it faces
or to the street on which the fence faces.
L.
Fences, walls and/or hedges (including preexisting fences, walls
and/or hedges) permitted throughout this chapter shall be installed
and maintained in good structural repair and kept in neat and proper
appearance at all times. This includes natural living vegetation fences/walls,
which shall be constantly maintained at a height of four feet or less,
properly trimmed at all times and not permitted to interfere with
any streets, driveways and/or sidewalks.
[Amended 6-12-2008 by Ord. No. 529]
[Amended 10-13-1983 by Ord. No. 426; 6-29-2006 by Ord. No. 523]
It shall be unlawful for any person in the Borough of Colwyn
to erect walls, fences or other structures without the property owner
first having obtained a permit, in writing, to do so. Only a property
owner can apply for said permit. Applications for said permit shall
be issued therefor upon the payment of a fee equal to that amount
as outlined for building permits.
[Amended 11-10-1988 by Ord. No. 447; 10-13-1983 by Ord. No. 426; 6-29-2006 by Ord. No. 523]
A.
Any person violating any of the provisions of this chapter of the
Borough's Code shall, upon summary conviction before a District Justice,
be sentenced to pay a fine of not more than $500 plus costs of prosecution
for each and every violation. Each day of violation shall be considered
a separate offense.
B.
If any property owner and/or occupant of any property containing
a fence, wall and/or hedge in the Borough allows any fence, wall and/or
hedge to fall into disrepair, he/she shall correct such disrepair,
or remove the fence, wall or hedge, within seven days after written
notice to correct said disrepair as issued by the Borough Manager
or his duly appointed agent, has been given to either said property
owner or occupant. Failure to repair or remove as set forth herein
constitutes a violation of this chapter of the Borough's Code; and
the Borough after seven days may remove said fence, wall and/or hedge
and cause a municipal lien to be placed against the subject property
for the costs of said removal.
