As used in this chapter, the following terms
shall have the meanings indicated:
ABANDONED EXCAVATION
An excavation in which further construction or excavation
has been discontinued.
MAN-MADE HAZARDS
Hazards produced by human effort rather than by natural forces
which result in a dangerous condition.
WATER COLLECTION AREAS
Drainage ponds, water collection areas or similar water holes
which may contain at least 18 inches of water at any point.
The enforcement official charged with the duty
of enforcing the provisions of this chapter shall be the Director
of the Department of Licensing and Inspections, or his designate,
for the Township of Burlington.
All water collection areas, drainage ponds or
similar water holes classified as man-made hazards shall be completely
enclosed by a fence, provided that the collection area is within 400
feet of adjacent residential dwelling or public road.
A. Mesh construction. The fence shall be of metal construction
with a maximum of two-inch mesh.
B. Lockable gate. All openings shall be closeable with
a lockable gate.
C. Fence height. Fence to stand not less than 48 inches
high when erected, except as modified by the Zoning Ordinance provisions.
D. Clearance regulated. The fence to have a maximum clearance
of four inches following the ground line.
The owner of property area concerned shall be
held responsible for the fence erection and for keeping gates locked
when the area is not under adequate supervision and shall maintain
the enclosure in a safety-affording condition.
Fencing shall be required around excavations
during construction when unattended until the hazard has been eliminated.
Fencing as herein described is required for
abandoned excavations when unattended until the hazard has been eliminated.
No fee shall be charged for permits to install
or repair fences required under this chapter.
The Building Inspector shall examine and approve
all fences constructed under this chapter as soon as fence is erected,
and at any time after erection may inspect the condition of the fence
and require the property owner to make repairs or changes as are determined
necessary.
All existing water collection areas of a hazardous
nature shall be fenced in accordance with this chapter no later than
90 days after final hearing and adoption as provided by law.
[Added 2-23-2021 by Ord. No. 2021-OR-004]
Fences that enclose a water collection area designed for stormwater
management, which are owned and/or maintained by the Township, and
which are in a state of disrepair, or hinder maintenance of the water
collection area, may be removed, either partially or in their entirety,
at the request of the Director of Public Works, upon the Township
Engineer determining that the water collection area is neither a wet
pond, nor a constructed wetland as described in the NJDEP’s
Best Management Practices Manual, and that removal of the fence will
not present a threat to public safety.