[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 9-8-1998 by Ord. No. 620 (Ch. 10, Part 6, of the 1987 Code
of Ordinances). Amendments noted where applicable.]
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the following meanings:
A building or portion thereof containing three or more dwelling
units.
The phrase "commercially produced" means any fence that comes
in pieces or is prefabricated, originating from a company that produces
fences for the general public.
A detached building occupied by two dwelling units, one of
which is located above the other.
Any structure, regardless of composition, that is erected
or maintained for the purpose of enclosing a piece of land or to divide
a piece of land into distinct portions. The word "fence" shall include
only approved metal fences, chain-link fences, or any other materials
approved by the Borough of Collingdale, including the Borough's
Administrative Officer, such as wood, plastic and vinyl. All wood
must be treated for termites and weather resistance. All fences must
be commercially produced, or plans for a homemade fence must be submitted
to the Borough's Administrative Officer to verify that they conform
to commercially approved standards.
The distance measured from the existing grade to the top
of the fence.
A one-family dwelling which has two party walls in common
with adjacent buildings, or one party wall in the case of the end
building of a group or row of attached buildings.
A building designed for and occupied by a single-family household
which has no party walls in common with any other structure.
A one-family dwelling separated by a party wall from only
one adjacent building.
A.
Any person or persons, corporation, firm or association intending
to erect a fence, before any work is commenced, must make application
to the Borough of Collingdale on a form provided by the Borough. 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 Borough of Collingdale
and be accompanied by a permit fee. The fee for such permit shall
be the same as on the fee schedule for a building permit. All applications
for a fence must describe the material and composition of the fence,
height of the fence and placement of the fence; the Borough of Collingdale
reserves the right to request a proof of survey or plot plan to confirm
the placement of the fence. Said permit shall be available on the
job during the progress of the work.
B.
No owner, possessor or occupier of any house, nor any other person,
firm or corporation acting on his or her behalf, shall erect a fence
extending toward the front of his or her lot which shall extend beyond
the front foundation wall of the house.
C.
Fences may be erected on the side yards and rear yards, but they
must have a gate to provide access to a breezeway if one exists.
D.
Fences may be erected on the side yards and rear yards, provided
that all such fences are not within six inches of the property line
or any public thoroughfare, sidewalk or driveway. Two adjacent property
owners may elect to place a fence on a property line by mutual agreement
of both adjacent property owners, but only when and if agreed upon
by the Borough's Administrative Officer.
E.
No fence may be erected that will interfere with the use of a common
driveway.
F.
Triple fees. In case any work for such a permit required by this
chapter is started or proceeded with prior to obtaining said permit,
the fee specified in this section of this chapter shall be triple,
but the payment of such triple fee shall not relieve any person from
fully complying with the requirements of this chapter in the execution
of the work, nor from any penalties prescribed herein.
No fences shall be erected in residential areas which are more
than 48 inches high, except in rear yards, where the fence may not
exceed 72 inches in height. These height restrictions may be waived
by the Borough's Administrative Officer in business and industrial
districts, with the advice and consent of the Borough Manager.
No structure, wall, fence, shrubbery or trees shall be erected,
maintained or planted on any lot within 25 feet of the intersecting
street lines bordering corner lots or on any lot in a manner which
unreasonably or dangerously obstructs or interferes with visibility
of drivers of vehicles.
Any person maintaining a private swimming pool, except for pools
less than 36 inches in depth or with a capacity of less than 1,500
gallons, shall erect a fence not less than 48 inches in height and
include a gate, which shall be closed and securely locked at all times
when said pool is not in use by the person maintaining the same, his
family or his guests.
The permit provisions of this chapter shall apply to fences
in all zoning districts.
The following fences and fencing materials are specifically
prohibited: barbed wire, razor wire, canvas fences, cloth fences,
electrically charged fences, poultry fences, and turkey wire. Temporary
fences such as snow fences are prohibited, unless on construction
sites with the permission of the Borough's Administrative Officer.
Expandable fences and collapsible fences are prohibited, except during
the construction of a building with the permission of the Borough's
Administrative Officer. No fences shall be multicolored. Any fence,
wood, stockade, chain-link or other type of fence shall have the smooth
side or finished side facing the outside of the property of the owner
installing the fence. Fence posts shall be placed on the inside of
the fence. Barbed and/or razor wire fences, by special application
to the Borough of Collingdale, may be allowed in business and industrial
districts. Said application must provide a compelling reason for said
use, and the barbed and/or razor wire must be raised at least eight
feet from the ground level.
A violation of this chapter shall subject the violator to a
fine of not less than $35 nor more than $1,000, or to imprisonment
of not more than 30 days, or to a combination of fine and imprisonment.
The continuation of an offense against the provisions of this chapter
after the date to remedy the defect, as set forth by the Borough of
Collingdale pursuant to this chapter, shall constitute, for each day
the offense is continued, a separate and distinct offense hereunder.
