[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 9-15-1997 by Ord. No. 709. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure, regardless of composition, except living fencers,
that is erected or maintained for the purpose of enclosing a piece
of land or to divide a piece of land into distinct portions.
Applies to that portion of the yard in front of the front
building line of any building. All corner properties adjacent to a
public street, alley or highway shall also be considered as a front
yard for purposes of this chapter. However, this definition shall
specifically not apply for purposes of swimming pool protection.
The distance measured from the existing grade to the top
of the fence.
Any fence or hedge composed of living materials.
No fence, wall or other type of construction
shall be erected without first being approved by the Code Enforcement
Officer.
A.
Any person or persons, corporation, firm or association
intending to erect a fence shall, before any work is commenced, make
application to the Code Enforcement Officer on a form provided by
the Code Enforcement Officer. Said application shall be accompanied
by a plan or sketch showing the proposed location of any fence and
the materials proposed to be used therein, which must be in accordance
with this chapter and any other pertinent local law regulating construction
within the Township and be accompanied by a permit fee as hereinafter
set forth. Upon approval by the Code Enforcement Officer, a permit
shall be issued which will be in effect for a period of six months
after the date therein. Said permit shall be available on the job
during the progress of the work so that it may be inspected by proper
Township officials, including but not limited to the Code Enforcement
Officer.
B.
The fees to be charged for permits issued under this
chapter shall be as follows: $10 for the first 200 linear feet and
$5 for every 100 additional linear feet or part thereof.
Living fences are subject to all of the provisions of this chapter, except that they shall be exempt from the permit provisions of this chapter. Living fences must be maintained in a neatly trimmed condition and shall not interfere with the visibility of vehicular and pedestrian traffic. (See § 131-7D.)
The permit provisions of this chapter shall
apply to fences in all districts. No fence shall be erected in the
applicable zones of the Township of Tinicum in excess of the height
limitations as set forth herein.
A.
Rear yards. No fence shall be more than six feet in
height at the rear of homes and buildings, nor shall it extend forward
of the rear building line of any existing or proposed dwelling.
B.
Front yards. No fence shall be higher than 42 inches
in any front yard.
C.
Side yards. No fence shall be more than six feet at
the side of homes and buildings, nor shall it extend nearer than 15
feet to the front property line.
A.
Any fence erected under this chapter shall be placed at least six inches from the back or side of the property line. Any fence erected in a front yard may be placed on the front property line if it is at least one foot back from the sidewalk. Living fences shall be placed in accordance with § 131-4.
B.
Two adjacent property owners may elect to place a
fence on the property line by mutual agreement.
C.
Once a fence has been erected on a property line,
a second fence may not be erected by an adjacent property owner if
it creates an inaccessible, unmaintainable space between fences.
D.
All fences or walls must be erected within the property
line, and none shall be erected so as to encroach upon a public right-of-way
or interfere with vehicular or pedestrian traffic or interfere with
the visibility of vehicular or pedestrian traffic.
A.
Any fence, wall or similar structure, as well as shrubbery,
which unduly cuts off light or air or which may cause a nuisance,
a fire hazard or a dangerous condition is hereby expressly prohibited.
Further, no fence shall be erected in a residential zone or along
a public right-of-way unless the fence is uniformly less than fifty-percent
solid.
B.
The following fences and fencing materials are specifically
prohibited:
(1)
Barbed wire.
(2)
Short pointed fences.
(3)
Canvas fences.
(4)
Cloth fences.
(5)
Electrically charged fences.
(6)
Poultry fences.
(7)
Turkey wire.
(8)
Temporary fences such as snow fences unless on construction
sites with Township Board permission.
(9)
Expandable fences and collapsible fences, except during
construction of a building.
C.
All chain-link fences erected shall be erected with
the closed loop at the top of the fence.
D.
No fence shall be multicolored.
E.
All entrances or gates shall open into the property.
F.
Any fence, wood, stockade, chain-link or other type
of fence shall have the smooth side or finished side facing to the
outside of the property of the owner installing the fence. Fence posts
will be placed on the inside of the fence.
A.
The Township Code Enforcement Officer shall
have the authority to direct, in writing, the removal, trimming or
modification of any shrubs, bushes, plants, trees, flowers or other
vegetation, fence, wall, hedge or other structure on private or public
property wherever the same shall interfere with adequate visibility
for operators of motor vehicles on the public highway and at street
intersections or curbs within five days.
B.
Any person who shall refuse or neglect to comply with
the written direction of the Township Code Enforcement Officer shall
be guilty of a violation of this chapter and shall be subject to its
penalties.
C.
If the property owner feels aggrieved by a decision
of the Code Enforcement Officer, he shall have a right of appeal to
the Township Board of Commissioners, provided that said appeal is
accomplished in writing within 10 days of the written notification
from the Code Enforcement Officer. Said appeal shall be filed with
the Township Secretary.
A violation of this chapter shall subject the
violator to a fine of not less than $25 nor more than $1,000, plus
costs of prosecution, and, in default of payment of such fine and
costs, to imprisonment in the county jail for a period not exceeding
30 days. The continuation of an offense against the provisions of
this chapter after the date to remedy the defect as set forth by the
Code Enforcement Officer, pursuant to this chapter, shall constitute
for each day the offense is continued a separate and distinct offense
hereunder.
