[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence7-17-2003 by Ord. No. 488 ; amended in its entirety 1-16-2020 by Ord. No. 662. Subsequent amendments noted where applicable.]
A fence permit shall be required whenever a fence or wall is constructed, erected, installed, replaced or altered within the Township. The construction, erection, installation, replacement, and/or alteration of all fences and walls shall be in compliance with all Township codes and ordinances and the following, whichever being the more stringent:
No fence, buried cable electronic pet control device, or wall to shall be constructed, erected, or installed within a street right-of-way, floodway, floodway fringe, utility easement, or drainage easement. A waiver may be granted for this subsection by the Lower Providence Township Board of Supervisors if the property owner agrees, as set forth by the Board of Supervisors, to:
Be responsible for all legal costs incurred by the creation, approval, and recording of an easement agreement between the property owner and Township to be recorded with Montgomery County Recorder of Deeds Office;
Replace the fence, buried cable electronic pet control device, or wall at his/her own cost if removal is desired by the Township or any other utility company for any reason and at any time; and
Perform any and all stormwater management work, including grading and the construction and installation of stormwater facilities, to prevent the blockage or the diversion of stormwater runoff.
No fence or wall shall block or interfere with the clear sight triangle for the intersection of any public or private roads.
Fences in the front yard, as defined and required under Chapter 143, Zoning, of the Code of the Township of Lower Providence, shall not exceed a maximum height of five feet; shall not obstruct vision at driveway or adjacent street; and shall be an open metal, vinyl, or wooden split-rail fence composed of openings of no less than four inches. Walls in such a front yard shall not exceed a maximum height of 30 inches above grade on both sides of the wall. Chain link fences are prohibited within all front yards, except in nonresidential zoning districts when specifically approved by the Lower Providence Township Board of Supervisors. Fences in the rear yard or side yards, as defined and required under Chapter 143, Zoning, of the Code of the Township of Lower Providence shall not exceed a maximum height of eight feet. Walls in such a side or rear yard shall not exceed a maximum height of six feet.
Fences and walls shall be constructed, erected, and installed so as to place the structural members toward the property being enclosed by the fence or wall and so the front or "good side" of the structure faces outward from the lot, thereby presenting the best appearance toward adjacent properties.
The use of razor wire, barbed wire, or glass shards is prohibited in conjunction with any residential use and can only be used in conjunction with a nonresidential use with the prior approval of the Board of Supervisors, where such use is necessary for safety and security reasons.
When an existing fence or wall, not in conformance with this chapter, is removed and replaced, a permit shall be required, and the fence or wall shall be brought into full compliance with all provisions of this chapter. Normal maintenance or removal (not replacement) of a fence or wall shall not require the issuance of a permit.
Any fence or wall which, in the judgment of the Township Zoning Officer, is dilapidated; unsafe; dangerous; or a threat to the health, safety, and welfare of the residents of Lower Providence Township, shall be brought into compliance with all the provisions of this chapter.
Fences and walls used for agricultural and recreational purposes to contain livestock and/or protect crops shall be exempt from the requirements of this chapter, provided that these fences and walls do not hinder visibility or pose a threat to the public health, safety, or welfare. In no case shall such fences exceed 10 feet in height or such walls exceed six feet in height.
Fences and walls of an historic nature, and accessory to an officially designated historic structure, shall be exempt from the provisions of this chapter, so long as they are properly maintained.
Buried cable electronic pet control devices shall be exempt from the provisions of this chapter, provided that they do not pose a threat to the public health, safety, or welfare; are not installed within the right-of-way of any street; and are not installed closer than three feet to any property line.
From time to time, the Board of Supervisors of Lower Providence Township may adopt, by resolution, a fee schedule for the issuance of a fence permit under the requirements of this chapter.
In addition to any other remedy available under law or in equity, any person, corporation, or entity convicted of a violation of this chapter shall be subject to a fine in an amount not to exceed $500 per day per violation, together with costs of prosecution. Each day a violation continues shall constitute a separate offense. Enforcement of this chapter shall be brought by the filing of a citation with a magisterial district judge in the same manner provided for enforcement of summary offenses. Nothing in this section shall prohibit the Township from enforcing the provisions of this chapter by any other remedy available at law or in equity. The remedies provided herein shall be cumulative and concurrent and shall be in addition to any other remedies available to the Township at law or in equity.