Compliance required. Fences and/or walls may be erected,
altered or reconstructed in any district in accordance with the following
regulations and in accordance with all other provisions of this chapter.
Permit required. It shall be unlawful to construct,
enlarge or alter any fence unless and until a zoning permit for such
purpose has first been secured from the Zoning Officer or a construction
permit from the Construction Official if the fence is over six feet
in height.
No fence or wall shall be located in any landscape,
buffer, drainage or shade tree easement or utility or drainage easement;
except, however, as to 1andscape, buffer, and shade tree easements,
a fence may be permitted if a license agreement approved by resolution
of the Township Committee, is signed by the owner of the property,
authorizing the Township of Mansfield to have access to the easement
in question and imposing certain conditions upon the property owner
with regard to the easement, which license agreement shall be in a
form approved by separate motion of the Township Committee. Prior
to submitting the request for a license agreement to the Township
Committee, the owner shall notify all adjoining property owners, by
certified mail or hand delivery (which delivery shall be certified
to the Township), of his/her intention to erect such a fence.
[Amended 7-9-2003 by Ord. No. 2003-11; 2-25-2004 by Ord. No.
2004-8]
Notwithstanding the provisions of this article, no fence, no wall or hedge shall be permitted within the landscape buffers abutting the R-5 Residential Zone boundary lines nor within the fifty-foot landscape buffer easement which has been maintained as an area of passive open space between the Country Walk Development and the Homestead at Mansfield Development, except that such fences, walls or hedges (but not sheds, structures or play equipment) may be erected adjacent to the side property lines and connected with each other or to the existing chain link fence located within the landscape buffer easement maintained as an area of passive open space at the rear of each Country Walk lot, provided that the owner complies with the provisions of § 65-102C and, further, agrees, if applicable, to maintain the double row of evergreen plantings within the buffer area. Additionally, for properties in which the rear yard abuts the right-of-way along Route 68, fences may be erected to within one foot of the rear of the property line.
[Added 2-25-2004 by Ord. No. 2004-8;
amended 5-25-2005 by Ord. No. 2005-15; 8-10-2005 by Ord. No. 2005-19]
Height restrictions. No fence or wall shall be higher
than six feet. The height limitation pertains to all architectural
or structural parts of the fence or wall.
Fencing shall be of the shadow box type. Stockade
fences are prohibited. Such fencing may be left natural, stained or
painted white, or may be constructed of white vinyl or aluminum with
white vinyl coating.
A landscaped buffer shall be provided against
the street side of the fence or wall. Plantings shall be required
in all noneasement areas and in shade tree easements. Plantings are
required in addition to existing or planned street shade trees. Landscaping
may involve a combination of deciduous and evergreen shrubs with a
mature height of at least three feet. All such landscaping shall be
subject to the approval of the Township Planner.
Farming. These restrictions shall not be applied so as to restrict the erection of fences and walls as part of a farming operation conducted in conformance with § 65-103 of this chapter.
Nonresidential uses. Chain link fencing not exceeding eight feet high may be constructed anywhere within a public park, public playground, school premises in side or rear yards, utility operations, or in the rear or side of a business or industrial use that is in conformance with § 65-100 of this chapter.
If the Construction Official, upon inspection, determines
that any fence, wall or any portion of any fence or wall is not being
maintained in a safe, sound or upright condition, he shall notify
the owner of such fence or wall in writing of his findings and state
briefly the reasons for such findings and order such fence or wall
or portion of such fence or wall repaired or removed within 15 days
of the date of the written notice.
At or near an intersection of two or more streets,
no fence, hedge, wall, shrubbery or other similar matter shall be
permitted to obstruct the view of motorists traveling on either intersecting
street.
In the case of fencing, walls and landscaping in the
front yard of corner lots, the maximum height is 30 inches within
the sight distance triangle. The "sight distance triangle" is the
portion of land at street intersections measuring 100 feet along each
street from a point where the center lines of the intersecting streets
meet. In addition, all trees within the sight distance triangle shall
have all branches removed to a point seven feet above-grade.