[Added 5-1-2006 by Ord. No. 2006-12]
This article is intended to isolate and insulate residential uses from agricultural uses. It is the intent of this article that a one-hundred-foot buffer which shall include a six-foot black vinyl-coated chain link fence and a twenty-five-foot vegetative fence is to be constructed at property lines by the developer of a residential major or minor subdivision where said residential major or minor subdivision shall adjoin active or preserved farmland or agricultural land.
A one-hundred-foot buffer, including living and six-foot black vinyl-coated chain link fencing as hereinafter provided shall be constructed for all residential subdivisions in the Township of Woolwich where said residential major and minor subdivisions adjoin any of the following:
A. 
Active farmland.
B. 
Preserved farmland.
C. 
Agricultural land.
Fencing pursuant to this article shall be defined as follows: six-foot black vinyl-coated chain link fence to be constructed pursuant to the standards of § 203-70, Fences, and living fences as herein described under § 203-107 of this article.
A. 
No fence shall be constructed of a six-foot black vinyl-coated chain link fence or a living fence on the occurrence of any of the following:
(1) 
Where the current owner or owners of the adjoining lands at the time of application which would otherwise require fencing shall have waived the fence requirements in writing and at the discretion of the Planning Board and Zoning Board of Adjustment before which the application is pending.
(2) 
Where the construction of a fence would pass into, through, or upon any area described by the State of New Jersey as "wetlands" and "transition areas."
(3) 
Where natural boundaries that would prevent the construction of either fence, whether it be the chain link or living fence, including actual waterways or a naturally existing forest with sufficient density that would prohibit the construction of a fence, unless said forest area were removed. The determination as to "sufficient density" shall be within the discretion of the Planning Board or Zoning Board of Adjustment before which the application is pending.
(4) 
Depending on the feasibility of constructing a fence where a slope exists, the requirement to construct a fence along steep slope areas may be waived at the discretion of the Planning Board or Zoning Board of Adjustment before which the application is pending.
(5) 
Areas where the construction of a fence is likely to alter or modify or restrict the flow of water or waters so as to create any damming effect.
B. 
This article is intended to apply to a wide range of conditions which may exist in the Township of Woolwich. Any part of this article may be waived by the Planning Board or Zoning Board of Adjustment, whichever shall have jurisdiction, where such Board makes specific findings of fact that the imposition of requirements of this article would be detrimental to landowners, their use of property or to the Township of Woolwich. No part of this article shall, however, be waived unless good cause be found in findings of facts established by the Board having jurisdiction.
A. 
A six-foot black vinyl-coated chain link fence of six feet in height shall be required along the residential property line between the farm and the residential major or minor subdivision. The standard to be applied shall be § 203-70, Fences. The fence specification shall be applied as the actual standards to be utilized in this article. A fence shall be provided along with the living fence that will begin at the fence on the residential property side and continue into the residential property and shall not be in conflict with Ord. No. 2005-25," Ordinance to Amend Certain Sections of Chapter 203 of the Code of the Township of Woolwich, Entitled Zoning, Section 203-40.C.1.x.2.; Section 203-40.C.3.vi; Section 203-41.C.4.ix.2; Section 203-41.C.6.xiv.; Section 203-42.C.14.xxvi.; and Section 203-42.C.15.xiv."[1]
[1]
Editor's Note: See §§ 203-40 through 203-42.
B. 
No six-foot black vinyl-coated chain link fence shall be installed or erected except in accordance with the provisions of this article.
A. 
A living fence shall be defined as follows:
LIVING FENCE
All plant varieties that are hardy and native to southern New Jersey. There shall be a suggested list for all developments, allowing for substitutions where circumstances merit. All plantings are subject to § 203-68, Landscaping. The living fence shall begin at the wood fence on the property line and not be less than 25 feet in depth from the fence.
(1) 
Developers/applicants shall provide a suitable mixture of recommended plants from the list below and shall include no less than:
(a) 
Six deciduous, ornamental and evergreen tree varieties.
(b) 
Five shrub varieties.
(2) 
All ground areas shall be planted with the seed mixture appropriate for the soil type and location unless the area is a mowed sod area or improved.
(3) 
Plant units: For every 100 lineal feet of agricultural buffer, developer shall include the following minimum plants:
(a) 
Three deciduous trees.
(b) 
Five ornamental trees.
(c) 
Six evergreen trees.
(d) 
Twenty-four shrubs.
(4) 
Recommended plants:
(a) 
Deciduous trees (three inches to 3.5 inches caliper).
[1] 
Celtis occidentalis - Common hackberry.
[2] 
Liquidambar styractiflua - Sweetgum.
[3] 
Nyssa sylvanica - Black gum.
[4] 
Quercus rubra - Red oak.
(b) 
Ornamental trees (two inches caliper or 12 feet in height for clump).
[1] 
Amelanchier laevis - Allegheny serviceberry.
[2] 
Cercis canadensis - Eastern redbud.
[3] 
Cornus florida - Flowering dogwood.
[4] 
Crataegus-crusgalli - Downy hawthorn.
(c) 
Evergreen trees (five feet to six feet in height).
[1] 
Abies var. - White, balsam, or fraiser firs.
[2] 
Ilex opaca - American Holly.
[3] 
Juniperus virginiana - Eastern red cedar.
[4] 
Picea var. - Spruce.
[5] 
Pinus var. - Pine (black, white, pitch).
[6] 
Thuja occidentalis - Arborvitae (var.).
(d) 
Shrubs, deciduous and evergreen (three feet in height or greater).
[1] 
Aronia arbutifolia - Red chokeberry.
[2] 
Clethra alnifolia - Summersweet.
[3] 
Hamamelis virgiana - Witchhazel.
[4] 
Ilex verticulata - Winterberry.
[5] 
Kalmia latifolia - Mountain laurel.
[6] 
Lindera benzioa - Spicebush.
[7] 
Myrica pennsylvanica - Bayberry.
[8] 
Rosa rugosa - Shrub rose.
[9] 
Viburnum (var) - Viburnum.
[10] 
Ilexx x merserveae - China boy and China girl holly.
B. 
The species provided for herein are intended to be utilized as recommended examples of living plants ideally suited to grow into fencing. Other plantings may possibly be substituted, depending on the site, sunlight, soil and such other conditions as would apply to probable growth of the planting.
A. 
No living fence shall be installed unless there shall be provided specifications and standards for the plants to be utilized. The standards and specifications shall be disclosed on the application plan, as follows:
(1) 
The plantings to be utilized.
(2) 
The size of the plants (minimum size shall be specified).
(3) 
Distance between plants.
(4) 
Proposed height of plants:
(a) 
No plants or plantings shall be installed of less than three-foot initial feet in height, with that height being measured from the ground level and not a furrow.
(b) 
All plants or plantings shall be installed in order that, after three years of growth, the plant or plantings shall have reached a height of not less than five feet.
B. 
Any fence to be erected pursuant to this article and § 203-70, Fences, and any amendments thereto, shall be constructed at the time or times as hereinafter provided: Any fence required by this article and § 203-70, Fences, shall be erected and completed as one of the first steps to be taken in the course of development, at the time of infrastructure and grading. A sign shall be posted by the developer at the one-hundred-foot buffer line to notify potential home buyers of the restrictions within the agricultural buffer, point of sale disclosures shall be made to potential purchasers of the restriction and said restrictions shall be included in each deed of conveyance. This article shall be applicable for each subsequent section or phase sought to be developed.
A. 
Where the living and chain link fences shall have been installed in a residential major or minor subdivision, the following parties shall be responsible for the maintenance of the fences:
(1) 
The homeowners' association, where a homeowners' association has been established.
(2) 
In the alternate where no homeowners' association shall have been established, the individual homeowner where the fences shall be situate.
(3) 
Appropriate disclosures regarding maintenance, repairs and/or removal shall be included in the homeowner's association documents.
B. 
No fence shall be removed by the homeowners' association or any owner or by any other party.
A. 
Living and chain link fences shall be maintained applying the following standards:
(1) 
Six-foot black vinyl-coated chain link fence shall at all times be maintained until completely overtaken by vegetative fence so as to be totally intact and to prevent trespassing except where a gate or gates may be installed between one property and another, it being the intent of the fence to prevent trespassing from one side to another and to create a specific boundary area.
(2) 
The living fence shall be maintained in such a way as to create a barrier the same as a six-foot black viny-lcoated chain link fence, but of a living and green variety. The property owner and/or the homeowners' association are responsible for the maintenance of the living fence as set forth herein and shall at all times be responsible for the continued upkeep, maintenance, replanting, removal of debris and trash and to take those steps necessary to ensure that the living fence shall be maintained in a safe and aesthetic condition.
A. 
Wherever a fence shall be required under this article or any amendments thereto, the applicant/developer shall establish deed restrictions, which shall contain the following limitations, restrictions, and standards:
(1) 
A deed restriction shall require that the fence shall not be removed unless the adjoining property shall no longer be used for any of the purposes established in § 203-103. The property owner or other party shall notify the Township in advance of any effort to remove a deed restriction or condition imposed.
(2) 
Homeowner is to maintain vegetative buffers and fence in accordance with Woolwich Township Code § 203-110, Maintenance standards.
(3) 
No living or chain link fence shall be modified which may result in changes in drainage on adjacent property.
(4) 
Living fences shall not be altered in any fashion to change or modify the purpose for which they were originally intended as a barrier.
(5) 
Chain link and living fences at all times shall be maintained pursuant to the deed restrictions so as to prohibit access to and from adjoining properties by persons and machines.
(6) 
The deed restriction shall be recorded in the Gloucester County Clerk's office and disclosed to any purchaser of lands being developed.
(7) 
The deed restriction may be enforced by any party in the development, the municipality, the Planning Board or the Zoning Board of Adjustment of Woolwich Township or the adjoining property owner which may be sought to be protected.
B. 
Deed restrictions shall be submitted to the Planning Board or Zoning Board of Adjustment of Woolwich Township for purposes of advanced review and approval.
A. 
Chain link and living fences shall not be installed in any way so as to interrupt the flow of waters across lands where water has previously flowed naturally.
B. 
The contour of the land shall not be changed by more than 10% to accommodate a fence so as not to modify or change the natural areas of water flow across lands.
C. 
No fence shall be installed in such a manner that it would act as a dam or diversion of waters to other areas.
D. 
Fences shall be installed so as to accept natural areas in the existing condition both before and after the development as near as possible.
This article may be enforced by a developer, any landowner, any adjoining landowner, any person holding any prescriptive right, easement right, any homeowners' association, the municipality or the Police Department of the municipality or any other person as permitted by law. Enforcement resulting in repairs will be at the cost of the homeowner and/or may result in a fine imposed by the Township of Woolwich.
A. 
This article is intended to isolate and insulate residential uses from agricultural uses. In carrying out the general intent of this article, the responsibility for the maintenance, repair and replacement has been established.
B. 
However, upon the abandonment or modification of the adjoining agricultural use, wherein the purpose of the fence is thereafter no longer required pursuant to this article, the fence or fencing may be removed by the owner of the property on which the fence is situate upon application to the Township or to the Planning/Zoning Board.
Nothing shall prevent any fence from being built on a boundary line in accordance with the Township of Woolwich ordinance requirements with the written consent of both parties (i.e., developer/owner and adjoining landowner).
Any part of this article may be waived by the Planning Board or Zoning Board of Adjustment upon formal application of the Township of Woolwich where such Board makes specific findings that the imposition of the requirements pursuant to this article would be detrimental to landowners, their uses of the property, or to the Township of Woolwich.