[Ord. No. 4-2022, 6/9/2022]
Fences erected on properties used in whole or in part for residential
purposes are subject to the following restrictions.
[Ord. No. 4-2022, 6/9/2022]
1. In all districts, trees, shrubs, and other plantings are permitted
in any front yard, provided they do not block the clear sight distance
of vehicular traffic.
2. Fences, walls, or other structures and hedges or plantings shall
not be located at street corners so as to interfere with the vision
clearance across the sight triangle of the corner lots. Their height
is restricted to three feet within the sight triangle. The sight triangle
is that triangular area lying between the intersection of two streets
and the line of sight across the corner lots from points at a given
distance along the center line of each street.
3. No fence shall contain barbs or similar types of injurious materials,
or configurations, unless specifically approved by the Zoning Officer
for appropriate reasons and circumstances; such as the containment
of livestock or high-level security. Chain link or woven wire fences
must have the top selvage edge knuckled and not barbed.
4. Barbed wire and electrified fences are strictly prohibited in all
R-1 Rural Residential zoned areas unless specifically approved by
the Zoning Officer in accordance with Ordinance of Fences, Walls and
Screens, (Ord. No. 9 of 2007), of the Canton Township Code of Ordinances.
5. Gates must open onto the owner's property.
[Ord. No. 4-2022, 6/9/2022]
1. Fences, walls, or screens may be erected in the front, side, and
rear yards of properties in residential districts. The height shall
be no more than four feet in a front yard, no more than six feet in
a side yard, and no more than eight feet in a rear yard. On a corner
lot the fence, wall or screen must comply with this chapter.
2. Fences, walls, and screens may be erected only on side and rear yards
of a public school, public recreational facility, municipal or public
building.
3. A retaining wall may be erected, along any property line where it
is required to prevent a landslide or other hazardous conditions.
Tops of walls over four feet in height may be required to be protected
by a fence to prohibit individuals from falling from or over the elevation
change when the Zoning Officer deems the retaining wall has created
a dangerous condition.
4. A fence, screen or wall cannot be erected in a public or dedicated
right-of-way.
5. Every swimming pool must be enclosed by a four-foot minimum height
fence, wall, or deck with a lockable gate to prevent uncontrolled
access to the pool. All decks above grade must be enclosed by a four-foot
minimum height fence with a lockable gate to prevent uncontrolled
access to the pool.
6. A fence, wall, or screen must be located completely on the owner's
property and no closer than six inches to a property line, unless
there is an agreement, in writing, by the owner and the adjoining
property owner. A copy of the signed agreement must be submitted with
the application to the Zoning Officer.
7. Unless an exception is obtained with the Zoning Officer, the finished
or good side of the fence shall be erected toward the neighbor.
[Ord. No. 4-2022, 6/9/2022]
1. Fences and screens may be bare, painted or plastic-coated and be
constructed of wood, metal chain link, woven, welded, galvanized,
steel, aluminum, trees or shrubs.
2. Freestanding walls may be constructed of stone, poured or precast
concrete, brick or tile masonry.
3. Retaining walls may be constructed of stone, concrete or brick masonry;
cribbing of steel or concrete as well as wood timbers pressure treated
for decay or steel sheet piling.
4. Prohibited materials of construction for perimeter fences include
short pointed fences less than 42 inches in height and poultry wire.
5. Materials permitted other than those listed in this chapter as permitted
shall be subject to review and approval prior to their use and the
issuance of a permit by the Zoning Officer.
[Ord. No. 4-2022, 6/9/2022]
Fences erected on properties used in whole or in part for nonresidential
purposes are subject to the following restrictions.
[Ord. No. 4-2022, 6/9/2022]
The following standard shall apply for screening of buffer zones,
commercial and industrial uses, or portions thereof: Reference Ordinance
of Fence Walls and Screens, (Ord. No. 9 of 2007), of the Canton Township
Code of Ordinances.
1. A planted screen shall be a minimum of 75% solid density, and with
a type of planting material providing a year-round visual barrier
within two growing seasons of the initial planting. The minimum height
after five years shall be five feet; however, additional height may
be required where it is deemed necessary by the Zoning Officer to
achieve adequate visual screening of the commercial or industrial
use.
2. Fences, walls or screens shall be a minimum of 75% solid density,
and of maximum height specified in this chapter. The minimum height
shall be five feet; however, additional height may be required where
it is deemed necessary by the Zoning Officer to achieve adequate visual
screening of the commercial or industrial use.
3. Additional heights of fences, walls or screens may be required where
it is deemed necessary by the Zoning Officer because of land contours
or sight line difficulties. Fences in any commercial, industrial,
or industrial park district may not exceed eight feet in height. Junkyard
sites must be completely enclosed by a sight-obscuring screen, masonry
wall, wooden fence or compact evergreen vines at least eight feet
in height.
[Ord. No. 4-2022, 6/9/2022]
1. Prior to the erection of a fence, wall or screen, a permit must be
obtained from the Zoning Officer. The application must be accompanied
by a plan sketch to scale showing the proposed fence location, and
the fence permit filing fee. The fee is set by the Supervisors of
the Township of Canton by resolution. No fence installation may proceed
until the staked location has been verified on the property site by
the Zoning Officer. The Township, however, shall not be liable for
improperly staked fence lines.
2. The fence owner is solely responsible for the continued maintenance
of any fence, wall or screen.
3. If a fence or wall is not properly maintained, or is deemed unsafe,
or is damaged, destroyed or deteriorated, the fence owner must remove,
replace or repair the fence within 30 days of receipt of written notice
to do so from the Zoning Officer or Township Official.
4. Any fence erected prior to the enactment of this chapter will not
be subject to all of the new fence requirements contained in this
chapter; however, they are subject to all the requirements of continued
maintenance of a fence in this chapter.
5. Any fence owner who violates any of the regulations and maintenance notifications contained in this chapter shall be considered in violation of the ordinance and subject to the penalties prescribed in §
27-1104.
[Ord. No. 4-2022, 6/9/2022]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a District Justice in the manner provided for the enforcement of summary
offences under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $300 and not more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this Part continues beyond the date fixed for compliance, or each
section of this Part which shall be found to have been violated, shall
constitute a separate offence.
[Ord. No. 4-2022, 6/9/2022]
The Supervisors of the Township of Canton intend to enact this
Part as a constitutional legislation of the Township of Canton. If
any word, clause, section, sentence, paragraph or other part of this
Part is, for any reason, found to be unconstitutional, illegal or
invalid by any court of competent jurisdiction in the Commonwealth
of Pennsylvania or the Judicial System of the United States of America,
such unconstitutionality, legality or invalidity shall not affect,
nor impair any of the remaining provisions, words, sentences, clauses,
paragraph, sections or parts of this Part. It is hereby declared as
the intent of the Supervisors of the Township of Canton that this
Part would have been adopted had such unconstitutional, illegal, or
invalid word, clause, section, sentence, paragraph or part thereof,
not been included herein.