[HISTORY: Adopted by the Mayor and Council of the Borough of Swedesboro 12-15-2008 by Ord. No. 13-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 120.
Fees — See Ch. 140.
Land use procedures — See Ch. 200.
Zoning — See Ch. 340.
A. 
No fences shall be erected within the Borough without the owner of the premises or his or her representative making application for a zoning permit for same.
B. 
Application for such fences shall be made, in writing, to the Zoning Administrative Officer, and shall set forth the following information:[1]
(1) 
The owner and address of the premises where the fence is to be erected;
(2) 
A description and specifications of the fence, including size, height, dimensions, material and size and percentage of openings. Height is restricted to a maximum of four feet in front of property and six feet in back of property;
(3) 
A sketch or plan of the fence;
(4) 
If deemed necessary by the Zoning Administrative Officer, a certified plot plan or survey of the premises in question shall be submitted which shall show abutting streets and the nearest intersection, and shall approximately indicate the location of structures within 10 feet of the fence. The Zoning Administrative Officer shall have the right to refer review to the Planning/Zoning Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
The fee for such permit shall be as set forth in Chapter 140, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Any existing deed restrictions are not to be superseded by this section.
E. 
Fences accessory to farm operations are exempt from the requirements of this chapter with respect to permit, fee, construction or materials. This exemption shall not extend to that percentage of farm property set aside for residential purposes, as determined by the Planning/Zoning Board.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
These fence regulations shall not apply to the erection of an open wire fence within a publicly owned park, playground or school premises if the need for such a fence for such use as athletic fields is demonstrated to and approved by the Zoning Administrative Officer.
Fences on residential lots may be erected as hereinafter set forth:
A. 
Fences shall be no closer than one foot to the Borough road, street or right-of-way.
B. 
Fences not exceeding 36 inches in height above ground level may be erected between the Borough road, street or right-of-way and the building line.
C. 
A private residential swimming pool area must be surrounded by a fence at least four feet, but no more than six feet in height with self latch and close gate.
D. 
A tennis court area may be surrounded by a fence a maximum of 15 feet in height; such fence shall be set back from any lot line the distance required for accessory buildings in the zoning district.
E. 
Front fences on corner properties shall not be constructed of materials that would not block the view of vehicular traffic at the intersection and shall comply with the requirements of the site-triangle easement of § 162-4. Maximum height is four feet.
F. 
Fences must 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 Zoning Administrative Officer or Construction Code Official.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
G. 
All fences must be erected within the property limits, and no fence shall be erected so as to encroach upon a public right-of-way.
H. 
All permitted fences shall be situated on a lot in such a manner that the finished side of the fence shall face adjacent properties. No fence shall be erected of any material (no barbed wire, razor wire, electric, spikes, etc.) or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms, provided the fences are set back from any street line at least 10 feet, and except further that requirements of state or federal regulations shall prevail.
I. 
A dog run area may have fencing a maximum of six feet in height, provided such area is located in rear yard areas only and is set back from any lot line at least 10 feet.
A. 
Fences shall be no closer than 10 feet to a Borough road, street or right-of-way.
B. 
Fences shall be eight feet maximum solid wall or 12 feet maximum height for open fencing (chain link). Concertina or razor must be above eight feet. Planning Board shall approve design.
A. 
Sight-triangle easements shall be required at intersections, in addition to the specified right-of-way widths, in which no grading, planting or structure shall be erected or maintained more than 24 inches above the street center line, except for street signs, fire hydrants and light standards. The sight triangle is defined as that area outside of the street right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines:
(1) 
Arterial streets at 300 feet.
(2) 
Collector streets at 200 feet.
(3) 
Local streets at 90 feet.
B. 
Where the intersecting streets are both arterials, both collectors or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the sight point noted above with a sight point 90 feet on the intersecting street. Such easement dedication shall be expressed on the plat or plan as follows: "Sight-triangle easement deeded for purposes provided for and expressed in Chapter 200, Land Use Procedures, of the Code of the Borough of Swedesboro."
Any person or persons convicted of a violation of the provisions of this chapter shall be punished as set forth in Chapter 1, Article I, General Provisions, § 1-15, General penalty. Each day the violation occurs shall be deemed a separate violation.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).