[HISTORY: Adopted by the Township Committee of the Township of Waterford 6-28-1989
as Ord. No. 89-9. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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.
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.
Any fence or hedge composed of live materials.
No fence, wall or other type of construction shall be erected without
first being approved by the Zoning Official.
A.
Those intending to erect a fence shall, prior to the
commencement of any work, apply to the Construction Office on forms provided
by the Construction Official. The application shall be accompanied by a plan
or sketch showing the proposed location of the fence and the materials that
should be used therefor. The application must be accompanied by a permit fee
as hereinafter set forth, and the application shall be in accordance with
this chapter and any other relevant ordinance, rule or regulation which applies
to construction within the municipality.
B.
Upon approval by the Construction Office, a permit shall
be issued which shall be effective for a period of one year. The construction
must be commenced and completed within that time or the permit shall lapse.
The permit shall be available on the job during the progress of the work so
that it may be inspected by the appropriate officials.
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.
A.
Rear yards. No fence shall be more than six feet in height
at the rear of homes and buildings and shall not extend forward of the front
building line of any existing or proposed dwelling.
B.
Front yards. No fence shall be higher than 48 inches
in any front yard.
D.
Horse fence. Fence for horses shall not extend beyond
the rear wall of any residence on a public street and shall be no more than
six feet in height.
[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.
A.
Any fence, wall or similar structure as well as shrubbery
which unduly cuts off light or air or which may cause a nuisance, a fire hazard
or a dangerous condition is hereby expressly prohibited. Further, no fence
shall be erected in a front yard in a residential zone or along a public right-of-way
unless the fence is uniformly less than 50% solid.
B.
The following fences and fencing materials are specifically
prohibited:
(1)
Barbed wire.
(2)
Short pointed fences.
(3)
Canvas fences.
(4)
Cloth fences.
(5)
Electricity charged fences (except livestock containment).
(6)
Poultry fences.
(7)
Turkey wire.
(8)
Temporary fences such as snow fences (except in emergency).
(9)
Expandable fences and collapsible fences, except during
construction of a building.
(10)
Tires, rope or chain, etc.
C.
All chain link fences shall be erected with the closed
loop at the top of the fence.
D.
No fence shall be multicolored.
E.
All entrances or gates shall open onto the property.
F.
All fences or walls must be erected within the property
line and none shall be erected so as to encroach upon a public right-of-way
or to interfere with vehicular or pedestrian traffic or to interfere with
visibility on corner lots.
G.
The finished side of a fence shall face the adjacent
property.
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]
[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.