[HISTORY: Adopted by the Mayor and Council of the Borough of Pine Beach 5-13-1969 by Ord. No. 69-02-182. Section 85-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
[Added 6-8-1971 by Ord. No. 71-05-198]
As used in this chapter, the following terms will have the meanings indicated:
FENCE
Any artificially constructed barrier of wood, masonry, stone, wire, plastic, metal or any other manufactured material or combination of these materials erected for the enclosure of land and/or dividing one piece from another.
No person, firm or corporation shall plant, grow, keep or maintain or permit to be planted, kept, grown or maintained upon any lot or lots within the borough any hedge, bush, fence, wall or obstruction of any kind which is within 25 feet of the point of intersection of any two streets unless all such hedges, bushes, trees, shrubs, shrubberies, plants, fences, walls or obstructions are maintained at a height not in excess of three feet above the top of the road where the property begins at the nearest street; provided, however, that trees the limbs, branches and foliage of which are maintained at a height of eight feet or more above the top of the road of the nearest street are excluded from the prohibitory terms of this chapter. (See § 175-26 of Ch. 175, Zoning and Subdivision.)
No person, firm or corporation shall plant, grow, keep or maintain or permit to be planted, grown, kept or maintained upon any lot or lots in the Borough of Pine Beach any trees or shrubbery the limbs, branches or foliage of which extend over and above the street sidewalk or foot walk unless the leaves, branches, limbs or foliage of such are kept and maintained at a height of at least eight feet above said street, sidewalk or footwalk.
No person, firm or corporation shall plant, grow, keep or maintain or permit to be planted, grown, kept or maintained upon any lot within the borough any trees or shrubbery the limbs, branches or foliage of which shall conceal from view any and all fire hydrants, street signs, traffic signs or traffic lights from any point on the respective street.
[Added 6-8-1971 by Ord. No. 71-05-198; amended 12-9-2015 by Ord. No. 15-11-735]
A. 
Fences not to exceed three feet in height from the ground level and 50% open may be erected between the front property line and the front setback line.
B. 
Fences not to exceed 72 inches in height above ground level may be erected between the front setback line and the rear property line.
C. 
Application for such fences shall be made, in writing, to the Zoning Officer of the Borough of Pine Beach and shall set forth the following information:
(1) 
The owner and address of the premises and where the fence is to be erected.
(2) 
A description and specifications of the proposed fence, including size.
(3) 
A sketch or plan of the fence.
(4) 
A survey of the property, true to scale, which shall show the streets abutting, including the nearest intersection and shall indicate the location of structures within 50 feet of the proposed fence.
D. 
The Zoning Officer may approve of such a fence if it does not exceed the foregoing specifications in height and if it complies with the terms hereof, and that the fence is placed within the applicants property line, and provided further that it does not endanger the safety of persons, whether walking, riding in or driving a vehicle or in any other manner.
E. 
The homeowner will notify the Zoning Officer when the fence is erected in order to schedule a final inspection. If the fence is a pool barrier, a building permit must be obtained prior to construction.
F. 
A permit fee of $25 shall be paid to the Zoning Officer and shall accompany the application.
[Amended 4-14-1992 by Ord. No. 92-05-426]
Each and every person, firm or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to one or more of the following: a fine not to exceed $1,000, imprisonment for a term not to exceed 90 days or community service for a period not to exceed 90 days at the discretion of the court or judicial officer before whom a conviction may be had, and each violation of the provisions of this chapter and each day the same are violated shall be deemed and taken to be a separate and distinct violation.