[Amended 5-29-1973 by Ord. No. 1973-3; 4-26-1983 by Ord. No.
1983-6; 11-26-1985 by Ord. No. 1985-17; 8-27-1996 by Ord. No.
1996-05; 11-10-2008 by Ord. No. 2008-23]
A.
Required landscaping shall be in compliance with the following ordinances
in addition to this section:
(2)
Article III, Major Subdivision Procedure, § 460-15A(13), Revegetation plans.
(3)
Article V, Site Plan Approval, § 460-37A(16), Revegetation plans.
B.
Landscape requirements; yards.
(1)
Native species of landscaping shall be used to the maximum extent
possible. The following minimum planting sizes shall be required:
(a)
Evergreen trees. The minimum height at the time of planting
shall be six feet to seven feet, except, when used in a landscape
buffer between residential and nonresidential uses, the minimum planting
height shall be eight feet.
(b)
Evergreen and deciduous shrubs in landscape buffers. The minimum
height at the time of planting shall be three feet to four feet.
(c)
Evergreen and deciduous shrubs not in landscape buffers. The
minimum height at the time of planting shall be two feet to three
feet.
(d)
Ornamental trees. The minimum height at the time of planting
shall be eight feet to nine feet.
(e)
Deciduous trees and street trees. The minimum size shall be
2 1/2 inches to three inches in caliper measured six inches above
grade at time of planting. Multistemmed deciduous trees may be used
in buffer areas only and must be a minimum height eight feet to 10
feet at the time of planting.
(2)
Street trees. Street trees shall be planted along the entire length
of the street frontage(s) of the property, all in accordance with
an approved landscape plan. A minimum of one tree for every 50 linear
feet of street frontage(s) shall be required. Trees shall be planted
at regular intervals, but the spacing may be adjusted due to the location
of utility poles and/or driveways as approved by the municipal agency's
engineer. The street trees shall be planted within the right-of-way
on Township roads and behind the ROW line on county roads and state
highways. If a street tree cannot be placed at the fifty-foot spacing
due to site limitations, the equivalent number of street trees is
still required to be planted on the site.
(3)
Front yard. A landscaped planting area of 25 feet in depth shall
be provided along the street line. The planting area shall be landscaped
in an informal manner, utilizing a mix of evergreen and deciduous
plant material. The plant material should include evergreen and ornamental
trees, as well as a variety of shrubs and ground covers that provide
a variety of height, color and texture. The use of berms is encouraged
for added visual interest. Parking may be provided between the required
landscape area and the building line. Pedestrian/bicycle paths may
be placed within the landscape area and through the buffer if so permitted
by the approving authority.
(4)
Side and rear yards. Along each side property line, a landscape area
of at least 15 feet in width or 5% of the average lot width, whichever
is larger, up to a maximum of 25 feet shall be provided. Along each
rear property line, a landscaped buffer of at least 20 feet in depth
shall be provided.
(5)
Landscape buffers shall be required between nonresidential and residential
uses and/or districts. A landscape buffer shall consist of a strip
of land 50 feet wide along the edge of the district boundary or residential
use. There shall be located within the 25 feet of said strip closest
to the district line or residential use natural or planted trees and
shrubbery in sufficient quantity to adequately buffer the nonresidential
use.
(6)
All land not covered with buildings, parking or other impervious
surfaces shall be landscaped with suitable materials for landscape
purposes.
(7)
Stormwater management basins shall not be permitted between any required
landscape area and the street line.
C.
Landscaping buffer requirements and design.
(1)
Landscaping consisting of attractive trees, shrubs, plants and grass
lawn shall be required and planned in accordance with the site and
subdivision plans. Buffer planting as defined in this chapter shall
be provided along the side and rear property line of all nonresidential
zones or uses so as to provide protection to adjacent properties where
such lot lines abut residential zones or uses. In addition, buffer
plantings shall be provided along the property lines of all residential
projects where such projects are adjacent to residential or nonresidential
zones, schools, county roads and historical sites. Such buffers shall
be on the residential property and shall be in addition to the buffers
required in nonresidential zones. Required buffer widths abutting
zoning or land use is included in the schedule for "Required Buffer
Width (in feet) Abutting Zoning or Land Use" at the end of this chapter.
(2)
Landscape buffers shall consist of a combination of deciduous trees,
coniferous and evergreen trees, evergreen and deciduous shrubs, and,
if the municipal agency deems appropriate, berms, fences or walls
in sufficient quantities and sizes designed to continuously limit
the view of and/or sound from the site to adjacent sites or properties.
(3)
Landscape buffers shall be continuous, except for access drives as
approved by the municipal agency.
(4)
Landscape material shall be arranged in an informal manner that avoids
a hedge-like appearance. Evergreen trees shall be staggered and supplemented
with shrubs and ornamental trees in order to achieve effective screening
and visual interest.
(5)
Landscape buffers shall be densely planted, but the planting shall
not constitute a monoculture. Plant material shall be a combination
of deciduous and evergreen trees and shrubs in the following proportions:
(6)
Plant variety. A minimum of two different genera of plants shall
be incorporated for each plant type, e.g., evergreen trees, deciduous
trees, evergreen and deciduous shrubs.
(7)
Stormwater management facilities, parking, dumpster enclosures, accessory
buildings or other aboveground structures and similar encroachments
shall not be permitted in the required buffer area.
(8)
Existing vegetation may be considered by the municipal agency as
an alternative to the installation of a landscape buffer.
(9)
Off-street parking areas with 20 or more parking spaces shall be
provided with shade trees of a type approved by the Township Engineer.
The minimum size shade tree shall be 2 1/2 inches to three inches
in caliper at time of planting. The shade trees shall be planted in
a planned manner within the parking lot area in a quantity equal to
not less than one shade tree for every 10 parking spaces. The minimum
width of planting islands shall be nine feet.
(10)
Absent existing natural vegetation, for each 25 feet of required
buffer width or part thereof, there shall be planted two staggered
rows of major evergreen material and one row of minor material. The
major species shall be a minimum of six feet to eight feet in planting
height; the minor species shall be a minimum of two feet to four feet
in planting height. These shall be planted at on-center distances
adequate to provide 75% screening within three years when viewed at
six feet, plus or minus height. For a buffer width of 75 feet or more,
deciduous trees and fencing may substitute, as approved by the reviewing
board.
D.
Parking lot landscaping, buffering and screening.
(1)
Lots for apartment and nonresidential uses shall balance the functional
requirements of parking with the provision of pedestrian amenities.
Transition areas between parking and civic, commercial, or residential
uses shall be designed with textured paving, landscaping, and street
furniture approved by the Land Use Planning Board.
(2)
Parking lot layout, landscaping, buffering, and screening shall be
provided to minimize direct views of parked vehicles from streets
and sidewalks, avoid spillover light, glare, noise, or exhaust fumes
onto adjacent properties, in particular residential properties, and
provide the parking area with a reasonable measure of shade when trees
reach maturity. In order to achieve these objectives, parking lots
exposed to the public view shall be surrounded by a minimum of a three-foot-high,
year-round visually impervious screen, hedge, or wall. However, where
these buffers are used to screen driveways or approach sidewalks or
walkways, the walls will be located in a manner to provide adequate
visibility of pedestrians from motor vehicles and shall not interfere
with clear sight triangle requirements.
(3)
The interior of all parking lots shall be landscaped to provide shade
and visual relief. This is best achieved by protected planting islands
or peninsulas within the perimeter of the parking lot. Parking lots
with 10 or less spaces may not require interior landscaping if the
approving authority determines that there is adequate perimeter landscaping.
In parking lots with 11 or more spaces, a maximum of one deciduous
shade tree shall be required to be planted in the parking lot for
every five parking spaces. A one-hundred-square-foot planting area,
or equivalent planter, is required per tree. Choice of plant materials,
buffer width, type of screening, location, and frequency of tree planting
shall be flexible, provided these objectives are designed to the satisfaction
of the Land Use Planning Board.
(4)
Parking lot layout shall take into consideration pedestrian circulation.
Pedestrian crosswalks shall be provided, where necessary and appropriate,
shall be distinguished by textured paving, and shall be integrated
into the wider network of pedestrian walkways. Pavement textures shall
be required on pedestrian accessways and strongly encouraged elsewhere
in the parking lot as surfacing materials or when used as accents
and as approved by the Land Use Planning Board.
[Amended 5-26-1969 by Ord. No. 1969-5]
A.
Before a fence shall be erected, a fence permit shall be obtained
from the Zoning Officer, and the zoning permit fee set forth in § 540-70C
shall be paid. No other permit under this chapter or any other ordinance
shall be required. These provisions shall also apply to fences to
be erected in "undedicated buffer areas," which are defined as "the
portions of individual residential lots that were designated for the
purpose of controlling access to streets or reserving the areas for
public use." Undedicated buffer areas shall pertain to the following
nomenclature that may appear on final subdivision plats, Eastampton
Township Tax Maps, and property surveys of individual lots: a "reverse
frontage buffer area," a "buffer area," a "buffer easement," or a
similar term. Undedicated buffer areas shall apply to the block and
lot numbers of parcels of land indicated on the attached schedule.
[Amended 11-28-2011 by Ord. No. 2011-13; 9-25-2023 by Ord. No. 2023-12]
B.
Fences accessory to farm operations in the R-A District are exempt
from the requirement of a permit or a fee and shall not be governed
by any restrictions in this chapter as to construction or material.
[Amended 10-27-1987 by Ord. No. 1987-22; 11-22-1988 by Ord. No.
1988-14; 12-27-1989 by Ord. No. 1989-12]
A.
BOARDS
COVER MATERIAL
PICKETS
POSTS
RAILS
SLATS or WEAVE BOARDS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Lumber that is up to one inch in nominal thickness and two
inches or wider in nominal width.
The face or fill material attached to a fence structural
frame.
Narrow wood members that are sawn, split, sliced, milled,
natural round or half round and are approximately two to four inches
in face or coverage width.
The vertical structural support members of the fence frame.
The horizontal structural support members of the fence frame.
The horizontal or vertical members used in basket-weave-type
fences, normally 3/8 to 3/4 inch thick and three inches or wider in
nominal width.
B.
C.
General conditions.
(1)
No fences shall be erected within the Township without the owner of the premises or his representative obtaining a permit from the Construction Official of the Township. The fee for such permit shall be as set forth in § 540-79C.
[Amended 11-28-2011 by Ord. No. 2011-13]
(2)
The application shall be on such form as prepared by the Construction
Official.
(3)
All fences shall be of good quality materials and installed in a
good workmanlike manner. All fences shall be maintained by the owner.
(4)
Any deed restrictions are not to be superseded by this chapter. However,
fences to be erected in undedicated buffer areas shall be approved
by the Zoning Officer and the Construction Official. In instances
involving undedicated buffer areas on corner lots, the Township Engineer
shall approve the placement of the fence to ensure safe sight distances
along intersecting street for motorists are provided.
[Amended 9-25-2023 by Ord. No. 2023-12]
(5)
The provisions of this chapter shall not apply to the erection of
fences within a publicly owned park, playground or school premises
if the need for such a fence for such uses as athletic fields is demonstrated
to and approved by the Township. However, fences to be erected in
undedicated buffer areas shall be approved by the Zoning Officer and
the Construction Official. In instances involving undedicated buffer
areas on corner lots, the Township Engineer shall approve the placement
of the fence to ensure safe sight distances along intersecting street
for motorists are provided.
[Amended 9-25-2023 by Ord. No. 2023-12]
(6)
All fences shall be measured at right angles to ground level.
D.
Conditions for Town Center District (TCD) and residential and retail
sales properties fronting Woodlane and Monmouth Roads.
[Added 5-12-2003 by Ord. No. 2003-05; amended 11-10-2008 by Ord. No.
2008-14]
(1)
Walls and fences shall be architecturally compatible with the style,
materials and colors of the principal building on the same lot. Front
yards may have the following treatments: brick walls with a stone
or cast-stone cap, wood picket fences and decorative metal or cast-iron
fences.
(2)
Front yard fences shall be set back three feet from the paved sidewalk.
(3)
Front yard fences, hedges and walls shall be limited to a maximum
of 3 1/2 feet in height above ground level and be a minimum of
60% solid.
(4)
Fences shall not conflict with the site distance requirements. Where
driveways and private parking is accessed off of a road other than
a rear alley, a fence permit must be reviewed by the Township Engineer
to certify compliance with all site distance requirements.
(5)
Side and rear yard fences shall not exceed six feet above ground
level.
(6)
Hedges may be used instead of fences.
(7)
Freestanding stone walls are permitted only with a civic, institutional
or commercial building. Highway-style guardrail, stockade or contemporary
security fencing such as chain-link, barbed or razor wire are prohibited.
(8)
Side and rear yards may be defined by a masonry wall, wooden fence,
trellis or lattice, vegetative hedge, garage and/or outbuilding walls,
or some combination thereof. The height of such yard or patio enclosure
shall not exceed six feet above ground level and shall be suitable
to provide privacy and screen views of neighboring uses, trash receptacles/containers
or recycling bins.
(9)
On corner lots, such fences shall not be closer to the street side
property line than the building setback line.
(10)
Gates in fences shall be built of the fence material.
(11)
Walls shall be built of brick to match the principal building.
(12)
Gates in walls may be of wood, steel or wrought iron.
E.
Conditions for residential and other nonindustrial uses.
(1)
Fences shall be no closer than 15 feet to the Township right-of-way
or 20 feet from the roadway when a right-of-way does not exist. This
applies to corner properties, mid-block curve properties and properties
which have frontage on all streets. Corner properties are considered
to have front yards on all streets. In any event, no fence shall be
located in front of any part of the building on an adjacent property.
However, fences to be erected in undedicated buffer areas shall comply
with the following requirements:
[Amended 9-25-1990 by Ord. No. 1990-20; 11-18-1991 by Ord. No.
1991-14; 10-27-2008 by Ord. No. 2008-03; 9-25-2023 by Ord. No. 2023-12]
(a)
Corner properties:
[1]
For the street side of the property that corresponds with the
front of the dwelling where the front door is located, fences shall
not be closer than the required front yard building setback line or
the corner of the dwelling closest to the street right-of-way line,
whichever is farther from the street right-of-way line.
[2]
For the street side of the property that does not correspond
with the front of the dwelling where the front door is located, fences
shall not be closer than 15 feet from the face of the curb line of
the street provided the fence does not obstruct the sight distance
line from the intersection of the two streets that form the corner
property. In no case shall the fence be closer than two feet from
street right-of-way line.
(b)
Mid-block properties: fences shall not be closer than 15 feet
from the face of the curb line of the street. In no case shall the
fence be closer than two feet from street right-of-way line.
(c)
Double-frontage properties that have two street frontages excluding
corner lots: fences shall not be closer than 15 feet from the face
of the curb line of the street. In no case shall the fence be closer
than two feet from street right-of-way line.
(2)
Fences not exceeding 36 inches in height above ground level are permitted
in the required front yard. A fence up to six feet in height may be
erected between the building and 15 feet from the right-of-way or
20 feet from the roadway when a right-of-way does not exist. All required
front yard fences shall not be constructed of materials that would
block the view of vehicular traffic at the intersection. A required
front yard corner property fence shall be of a nonsolid construction,
such as a split rail, and be no greater than three feet in height.
Chain-link fence and fences of solid construction are not permitted.
However, fences to be erected in undedicated buffer areas shall not
exceed six feet in height.
[Amended 10-27-2008 by Ord. No. 2008-03; 9-25-2023 by Ord. No. 2023-12]
(3)
A continuous or a substantially continuous wall of landscaping, such
as a hedge or row of dense shrubbery or trees or other materials higher
than three feet, which would block the sight distance for traffic
approaching intersections is prohibited.
(4)
Fences not exceeding six feet in height above ground level may be
erected between the front building line to the side property line
and to the rear of the property unless easements exist.
(5)
Fences shall be maintained by the owner and kept in alignment and
shall be maintained in a safe, sound and upright condition and in
accordance with the approved plan on file with the Construction Official
and shall contain a gate along any buffer or easement of sufficient
size to accommodate a lawn mower.
(6)
All fences must be erected along the property lines, except that no fence shall be erected so as to encroach upon a public right-of-way. However, fences to be erected in undedicated buffer areas shall comply with § 540-56E(1).
[Amended 9-25-1990 by Ord. No. 1990-20; 9-25-2023 by Ord. No. 2023-12]
(7)
Fences as used in this section shall not include the plantings and
shrubbery.
(8)
Fences may be erected, altered or reconstructed to a height not to
exceed six feet above ground level, said six feet to include ornamental
caps or toppers, unless it is determined by the Construction Official
that the height creates a safety hazard or vision obstruction.
(9)
On all townhouse properties, fences shall be compatible with the
architectural style of the townhouse building.
(10)
Fences shall be uniform with respect to a singular building,
but each building may have a different style of fence.
(11)
The provisions of this chapter shall not be applied so as to
restrict erection of a wall for the purpose of retaining earth.
(12)
On all wooden fences, the finished side of the fence shall face
the outer side of the property.
(13)
Fences in buffer areas which are not easements and which have
been deeded to the Township without condition in the fee simple absolute
mode shall only be located along the property line furthest from the
cartway and which divides the property owner's property from the buffer
area. Fences along said property line shall be permitted only if the
fence does not exceed six feet and if the affected property owner
has applied for a fence permit for the same type of fence which shall
be a wooden privacy fence, the type and quality to be the same for
all the contiguous properties along the buffer area.
[Added 11-18-1991 by Ord. No. 1991-14]
F.
Conditions for easements. The regulation of fences within easements
varies based on easement type. Fence type, height and location within
easements are further regulated by other sections of this chapter.
Fences within easements shall require approval from the Construction
Official.
(1)
Utility easements. Easements, including water, sanitary, gas, storm,
sewer pipe (other than drainage swales), telephone, electric, cable
television and fiber optics: Fences are permitted with the provision
that the post or other fence support structure is a minimum of three
feet above the utility improvement. Additional requirements or design
standards imposed by the easement grantee or utility owner shall be
followed by the applicant. In the event of a conflict between said
requirements and the provisions of this chapter, the stricter provisions
shall apply. On pipeline easements, fences may be located, provided
that the fence posts are not to be placed in or on top of the pipeline.
The location of the pipeline is to be ascertained from as-builts on
file in the Township or, if no as-builts are on file, then by way
of a hand auger to the depth of five feet arranged for by the property
owner. In the event that a property owner cannot arrange for a hand
auger, the Township shall arrange for same and the property owner
shall pay the cost for said arrangement.
(2)
Storm drainage swale easements. Fences shall be allowed on swales
elevated to six inches with the requirement that the residents use
chicken wire, if so desired, on the lower six inches on the inside
of the fence.
(3)
Buffer easements (also known as "preservation areas or zones" and
"buffer areas or zones"). Fences are permitted in a buffer easement
which abuts a county road only on the crest of the berm, to a maximum
height of six feet measured from the highest point of the berm, provided
that the top of the fence is horizontally uniform all along the berm.
Fences are only permitted on the berm if all affected property owners
apply for a fence permit for the same type of fence, which shall be
a wooden privacy fence, the type and quality to be the same for all
contiguous properties. The berm shall be maintained by the property
owner on both sides of the fence, and the property owner shall have
the right to locate landscaping on the street side of the fence, subject
to the approval of the Township Planner. In the event that a berm
does not exist on a buffer easement, the fence may be located 16 feet
from the curb or cartway edge subject to Township regulations set
forth herein with respect to sight and site distance requirements.
In any event, no fence is allowed on a buffer area owned by the Township
of Eastampton. Whether the fence is to be located on a berm or not,
the landscaping plan of the development may be changed by the developer,
if necessary, subject to approval of the Township Engineer. Fences
to be set forth on a berm or in a buffer easement without a berm shall
contain a gate. There shall be no impairment of the drainage plan
applicable to the buffer easement, and, therefore, the fence shall
be at least two inches above the ground.
[Amended 6-26-1990 by Ord. No. 1990-11; 11-18-1991 by Ord. No.
1991-14]
(4)
Site easements. Fences are not permitted higher than three feet and
shall be of nonsolid construction such as split rail. Property owners
shall not create a continuous or substantially continuous wall of
landscaping, such as a hedge or row of dense shrubbery or trees or
other materials higher than three feet, which would block sight distance.
(5)
No landscaping or bushes or shrubbery shall be allowed on easements.
If the fence causes any drainage problems, the fence shall be removed
or relocated as per Township Engineer instructions. If, during the
time of the relocation determination, it appears the proposed location
would be detrimental to drainage or sewer or water flow, then no permit
shall issue. The applicant is required to submit to the Construction
Official a certification of a licensed engineer that there will be
no detrimental impact.
(6)
The owner of the fence shall be solely responsible for the cost of
the removal of the fence and shall remove same upon notice of the
municipality in the event there is a violation or a public health,
safety and welfare need to remove the fence. By applying for and receiving
a fence permit, the property owner agrees that the Township is not
responsible for any loss. The provisions of this subsection shall
be set forth on a continuing certificate of occupancy which is to
be issued upon the sale of each property.
G.
Conditions for industrial uses.
(1)
Fences shall be no closer than 15 feet to the Township right-of-way
or 20 feet from the roadway when a right-of-way does not exist.
(2)
Fences shall not be more than eight feet in height.
(3)
Fences higher than three feet are not permitted in front yards of
industrial buildings. Corner properties are considered to have front
yards on both streets.
(4)
Industrial property owners shall create a continuous or substantially
continuous wall of landscaping, such as a hedge or row of dense shrubbery
or trees or other materials higher than three feet, which would block
the sight distance for traffic approaching intersections.
H.
Enforcement. If the Construction Official, upon inspection, determines
that any fence or portion of any fence is not being maintained in
a safe, sound or upright condition, he shall notify the owner of such
fence, in writing, of his findings and shall state briefly the reasons
for such findings and order such fence or portion of such fence repaired
or removed within 30 days of the written notice. The failure of the
property owner to comply with the Construction Official's request
shall result in the fence being deemed brush, weed and debris and
removable by the municipality, the cost of said removal to be assessed
against the land.
