As used in this chapter, the following terms shall have the meanings
indicated:
FENCE
Any structure, except living fences, that is erected or maintained
for the purpose of enclosing a piece of land and or structure or to divide
a piece of land into distinct portions or to provide a level of safety.
FRONT YARD
Applies to that portion of the yard which is forward of the front
building line of any building. With regard to corner properties, those yards
which are adjacent to a public street, alley or highway shall be considered
as "front yards" for purposes of this chapter. This definition shall not apply
for purposes of swimming pool protection.
HEIGHT
The distance measured from the existing grade to the top of the fence
measured at a ninety-degree angle at any point along the fence; highest reading
should prevail.
No fence, wall or other type of construction shall be erected without
first being approved by the Zoning Official.
Living fences are subject to all of the provisions of this chapter except
they shall be exempt from the permit provisions of this chapter. In addition,
no living fence shall be placed nearer than two feet to any sidewalk in existence,
any prospective sidewalk or party line. Living fences must be maintained in
a neatly trimmed condition and shall not interfere with street visibility
on corner lots.
The permit provisions of this chapter shall apply to fences in the residential
and nonresidential zones in the Township of Waterford and shall also include
multiple dwellings. No fence shall be erected in the applicable zones of the
Township of Waterford in excess of the height limitations as set forth herein.
[Amended 4-10-1991 by Ord. No. 91-2]
Any fence erected under this chapter shall be placed at least six inches back from any property line. Any fence erected in a front yard shall be placed at least one foot back from the property line. Living fences shall be placed in accordance with §
131-4 of this chapter.
The Township Construction Official shall have the authority to direct,
in writing, the removal, trimming or modification of any shrubs, bushes, plants,
trees, flowers or other vegetation, fence, wall, hedge or other structure
on private or public property wherever the same shall interfere with adequate
visibility for operators of motor vehicles at street intersections or curbs.
Any person who shall refuse or neglect to comply with the written direction
of the Township Construction Official shall be guilty of violation of this
chapter and shall be subject to its penalties. If the property owner feels
aggrieved by any decision of the Construction Official, he shall have the
right of appeal to the Township Zoning Board, provided that said appeal is
made, in writing, within 14 days of the written notification from the Construction
Official. Said appeal shall be filed with the Township Clerk.
[Amended 4-11-2001 by Ord. No. 2001-5; 6-13-2001
by Ord. No. 2001-13]
A. Any fees to be charged by the Construction Office for
permits issued under this chapter shall be in accordance with the Township
Fee Schedule Ordinance in existence at the time of the application.
B. A zoning permit fee shall be charged in accordance with
the Township Fee Schedule Ordinance in existence at the time of the application. If an existing fence
is to be replaced at the same location and a permit was previously issued
by the Township for that fence, a fee will not be charged.
[Amended 12-11-1996 by Ord. No. 96-24]
Any person, firm or corporation who or which shall violate any of the
provisions of this chapter shall, upon conviction thereof, before the Municipal
Court of the Township, be subject to a fine not exceeding $1,000 or imprisonment
in the county jail for a term not exceeding 90 days or a period of community
service not exceeding 90 days, in the discretion of the Municipal Judge before
whom such defendant shall be convicted. A separate offense may be deemed committed
on each day during or on which a violation occurs or continues.