A.
FENCE
MATERIALS
MATERIALS AND FENCING PROHIBITED
SUPPORT
As used in this section, the following terms shall have the meanings
indicated:
Any wall, barrier, fence or structure, including growing
plants or trees, which encloses any part of a lot or which divides
or separates the lots or parts thereof from any such lot or from any
adjacent property.
Fences shall be fabricated, constructed or built of wood,
wire (No. 11 gauge or heavier), brick, stone, masonry, aluminum, vinyl,
steel, iron, wrought iron, growing plants or trees.
Barbed-wire, sharp pointed fences, electrically-charged fences,
snow fences used as permanent fences, expandable fences and collapsible
fences on any location on the lot upon which a dwelling or structure
is situated are prohibited.
All fences and walls shall be secured, fastened or constructed
in such a manner as to prevent the fence or wall from sagging or falling.
It shall be kept in good repair, including painting where applicable,
and in accordance with the approved plan on file with the Construction
Code Official.
A.
It shall be unlawful to construct, reconstruct, enlarge or alter
any fence unless and until a permit for such purpose has first been
secured from the Construction Code Official and approval has been
obtained from the Zoning Officer of the Borough.
B.
A permit may be granted, provided that the provisions of this chapter
are complied with and provided that the property owner submits a final
survey of his property showing the proposed location of the fence
and a description of the type of fence to be erected.
[Added 12-11-2002 by Ord.
No. 9-02]
A.
Fences and/or shrubbery shall not be constructed or permitted at
or near an intersection of two or more streets which would obstruct
the view of motorists traveling on either intersecting street regardless
of the regulations contained in this chapter and the Code of the Borough
of Riverton.
B.
All fences and/or shrubbery must be erected within property lines.
No fence and/or shrubbery shall be erected so as to encroach on a
public right-of-way.
C.
Fences (except for corner properties or through lots) shall not be
erected, installed, placed or permitted beyond the front foundation
line of the main house structure or beyond the front setback, as defined
in the Code of the Borough of Riverton, whichever gives the greatest
setback.
[Amended 12-11-2002 by Ord. No. 9-02]
D.
Fences for rear yards of corner properties are permitted at the property
line shared with a neighboring property, from the front set back to
the rear property line. Fences shall not project beyond the side building
line of the property main structure, on the street side of the corner
property.
E.
Fences for through lots shall be permitted within the required front
yard of the end of the lot that is functionally used as the rear yard
of the lot. Prior to the issuance of a zoning permit for a fence in
this location, the design, location, color and material of the proposed
fence must be approved by the Historic Preservation Commission.[1]
[1]
Editor's Note: Amended pursuant to Ord. No. O-2023-05A, adopted 10-11-2023,
which replaced the Architectural Review Committee with the Historic
Preservation Commission.
A.
Fences may be erected, altered or reconstructed to a height not to
exceed six feet above ground level.
[Amended 12-11-2002 by Ord. No. 9-02]
B.
The foregoing regulations shall not be applied as to prevent the
erection of an open-wire fence anywhere within a public park, public
playground or school premises. Open-wire fences not exceeding eight
feet may be erected around a utility operation or in the rear or side
of a business or industrial zone.
A.
Any fence lawfully in existence on the effective date of the adoption
date of this chapter may continue in existence without compliance
with the provisions of this section, except that the fence shall be
kept painted, where applicable, and in good repair. However, if any
fence or portion thereof, is destroyed or removed, it shall not be
replaced except in compliance with the provisions of this chapter.
For purposes of this section the act of removing and replacing pieces
of fence with materials of like kind and quality in the same location
shall not constitute destruction and removal of a fence, provided
that such action is completed within 90 days. In the event that all
pieces of a fence are replaced, such fence must comply with the current
height restrictions.
B.
Any fence that has received approval from the Borough for recreational
purposes or in order to provide proper security of Borough property
shall be exempt from these regulations.
C.
Any fence approved and erected by the Board of Education shall be
exempt from these regulations.
D.
These regulations shall not be applied so as to restrict the erection
of a wall for the purpose of retaining earth if it poses a danger
to the public safety.
If the Construction Code Official, Zoning Official or such other
person designated by the Mayor and Council, upon inspection, determines
that any fence or any portion of any fence is not being maintained
in a safe, sound or upright condition, he shall notify the property
owner of same in writing. The notice shall outline his findings and
briefly state the reasons for such findings and order said fence to
be repaired or removed within 15 days of the date of the notice.
No fees shall be required for inspection for which a permit
has been issued.
The administration of and inspection procedures provided under
this article shall be the responsibility of the Construction Code
Official, the Zoning Officer and such other persons that are designated
by the Mayor and Council of the Borough of Riverton.
