Notwithstanding any other provisions in the Borough Code to the contrary, the replacement or supplementing of an existing fence or fences on privately owned property shall not require municipal board approval, provided that the following conditions are met:
A.
No other changes whatsoever, of any kind, are being made to the property on which the fence is located.
B.
The size and height of the new fence shall not exceed the size and height of the existing fence.
C.
The location of the new fence shall be within four inches of the existing fence, including stakes, posts and slats.
D.
All fences must be erected within the property lines with the finished side facing the street or adjoining property and no fence shall be erected so as to encroach upon a public right-of-way. All posts used in relationship with the fence shall be on that side of the fence most interior to applicant's property.
E.
The existing fence has been approved by a municipal board, as part of a previous development application, or conforms with the existing provisions of the borough's Code.
F.
The applicant provides a brief description and/or depiction of the replacement fence.
G.
The applicant's payment of the appropriate fee for the building permit relating to this application shall be the fee for the handling and processing of the application.
H.
The applicant seeking to replace an existing fence certifies to the foregoing conditions in writing to the Borough Construction Official.
I.
The new fence shall conform with all federal, state and municipal ordinances, rules and regulations with the exception that if the location of the existing fence is the result of the grant of a variance, the new fence shall be permitted to be placed in the same location or pursuant to Subsection C above.
J.
The procedures set forth in this article shall only apply if the new fence is substantially constructed of wood.