[Ord. #04-06, S 24-1]
As used in this Chapter:
Shall mean an artificially constructed barrier of wood, masonry,
stone, wire, metal or any other manufactured or natural material or
combination of materials which encloses residential property or divides
one piece of residential property from another.
[Ord. #04-06, S 24-2.1]
Application for a permit to construct or alter an existing fence (see Section 25-5 of this Chapter) shall be made to the Zoning Officer by the owner of the property.
[Ord. #04-06, S 24-2.2]
The application for a permit shall be accompanied by the following:
a.
The name and address of the owner of the premises where the fence
is to be erected.
b.
The description and specifications of the fence, including size,
height, dimensions, materials and openings, as well as a picture where
available.
c.
A sketch plan of the proposed location of the fence in relation to
lot lines.
d.
All other pertinent information or data as required by the Zoning
Officer.
[Ord. #04-06, S 24-2.3]
The fees for construction or alteration of a fence shall be
$50.
[Ord. #04-06, S 24-3]
a.
No fence shall be constructed of the following materials: barbed
wire; razor wire; used or discarded materials not usually associated
with fences, including, but not limited to, doors, pipes, canvas,
cloth and old lumber; or, any material which may be dangerous to persons
or animals.
b.
No fence shall include as part of its construction the following
objects: metal spikes, sharp points, electrical charges; or, any object
which may be dangerous to persons or animals.
c.
No fence shall be constructed so as to impede the continual flow
of the natural drainage of water or so as to cause water to be blocked
or damned.
d.
Every fence shall be constructed with the face or finished side away
from the property and the structural side toward the interior of the
property
e.
Every fence which completely encloses residential property shall
be constructed with a gate which shall have a latch and shall open
into the property and not onto the sidewalk, street or other adjacent
property.
f.
Every fence shall be constructed within the property lines and no
fence shall be constructed so as to encroach on the public right of
way or any watercourse.
g.
All fences shall be maintained in a safe, sound and upright condition
and in accordance with the approved plans on file with the Division
of Housing. Should the Zoning Officer, or his/her designee, deem that
a fence is not maintained in a safe, sound and upright condition and/or
in accordance with the approved plan, the Zoning Officer shall issue
the owner of the property a written notice to repair or replace the
fence, as appropriate, within 30 days of the date of the written notice.
If the owner of the property does not repair or replace the fence,
as appropriate, within 30 calendar days of the date of the written
notice, the owner of the property may be subject to a fine of up to
and including $1,000 for every day of the offense.
[Ord. #04-06, S 24-4.1]
a.
No fence shall be constructed which exceeds the heights set forth
below, without a variance obtained from the Zoning Board of Adjustment.
b.
No fence shall be constructed parallel to the front property line
which exceeds the height of three (3') feet above the adjacent
ground elevation.
c.
No fence shall be constructed parallel to the side property line,
from the front property line to the front yard setback, which exceeds
the height of four (4') feet above the adjacent ground elevation.
d.
No fence shall be constructed parallel to the side property line,
from the front yard setback to the rear property line, which exceeds
the height of six (6') feet above the adjacent ground elevation.
e.
No fence shall be constructed parallel to the rear property line
which exceeds the height of six (6') feet above the adjacent
ground elevation.
f.
No fence shall be constructed on a nonconforming property without
the express written permission of the Zoning Board of Adjustment.
[Ord. #04-06, S 24-4]
a.
No fence shall be constructed which exceeds the heights set forth
below, without a variance obtained from the Zoning Board of Adjustment.
b.
No fence shall be constructed parallel to the property line which
faces the front of the building which exceeds the height of three
(3') feet above the adjacent ground elevation.
c.
No fence shall be constructed parallel to the property line which
faces the side of the building, from the property line which faces
the front of the building to the rear of the building, which exceeds
the height of four (4') feet above the adjacent ground elevation.
d.
No fence shall be constructed parallel to the property line which
faces the side of the building, from the rear of the building to the
property line which faces the rear of the property, which exceeds
the height of six (6') feet above the adjacent ground elevation.
e.
No fence shall be constructed parallel to the property line which
faces the rear of the property which exceeds the height of six (6')
feet above the adjacent ground elevation.
f.
No fence shall be constructed which is within a distance of twenty-five
(25') feet of the point of intersection of the nearer of the
curb lines of each of the two intersecting streets nor which exceeds
the height of two and one-half (2 1/2') feet above the adjacent
ground elevation.
g.
No fence shall be constructed on a nonconforming property without
the express written permission of the Zoning Board of Adjustment.
[Ord. #04-06, S 24-5]
a.
Except as otherwise provided herein, any fence in existence on or before the effective date of this Chapter and not located outside of property lines may continue in existence without compliance with this Chapter except that the fence shall be maintained in a safe, sound and upright condition and shall be subject to inspection by the Zoning Officer, or his/her designee, according to Section 25-3g of this Chapter.
b.
Any fence that encroaches on any public right of way, any watercourse
or any land that the Borough needs shall be removed within 60 calendar
days of the effective date of this Chapter.
[Ord. #04-06, S 24-6]
The following shall not be considered a fence as used in this
Chapter:
a.
A fence constructed by the Borough.
b.
A fence enclosing an athletic field, including, but not limited to,
a tennis court, basketball court, baseball/softball field and football
field.
c.
A fence enclosing a garden to decorate the garden or to protect the
garden from persons or animals.
d.
A fence enclosing a tree, bush or shrub to decorate the tree, bush
or shrub or to protect the tree, bush or shrub from persons or animals.
e.
A temporary fence surrounding a construction site so long as the
fence is installed with the permission of the Construction Official.
f.
A retaining wall so long as the wall does not extend above the grade
of the land that it is retaining.
