[Adopted 8-2-2005 byOrd. No. 27-2005[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. I, Detention Basin Fences, adopted 12-28-1989 by Ord.
No. 190-1989, as amended.
No detention basin which shall have a depth
greater than one foot shall be permitted to be constructed or erected
in the Township of Harrison without the installation of a fence surrounding
the detention basin.
[Amended 3-5-2012 by Ord. No. 14-2012]
No fence shall be erected to be utilized in
conjunction with a detention basin unless a specific application shall
be made before the Land Development Board with jurisdiction over the
site design. No basin fence shall be erected or permitted in the Township
of Harrison unless the fence shall be erected and installed in accordance
with the provisions of this article.
A.
The primary goal in the installation of basin fencing
is to provide for the safety of the residents of the Township. Appropriate
fencing for the basin shall be designed by the developer to meet the
dual goals of both enhancing the aesthetics of the development and
addressing the safety concerns posed by an open body of standing water.
Developers are encouraged to use creative design techniques in the
design, creation and location of stormwater facilities as well as
the fencing installations.
B.
Basins fronting upon public roadways. The placement
of basins along major public roadways is discouraged. Where, however,
a basin must be situate along major public roadways, in plain view
of passing motorists, the developer shall address both the appearance
and the safety of such basins and may propose fencing of differing
styles or heights as long as the primary goal of protecting the public
is addressed. The land use board with jurisdiction to review and approve
the site design shall approve the design of each such basin and the
fencing thereof on an individual basis.
C.
Basins not open to public view. To the extent that
a basin is located in an area which is not open to public view, there
is an increased concern for the safety of the public. The developer
shall address both the appearance and the safety of such basins and
may propose fencing of differing styles or heights as long as the
primary goal of protecting the public is addressed. The land use board
with jurisdiction to review and approve the site design shall approve
the design of each such basin and the fencing thereof on an individual
basis.
D.
Should the Board require that a basin shall be fenced
with an ornamental aluminum fence, then the specifications shall be
as follows:
[Amended 10-1-2007 by Ord. No. 47-2007]
(1)
Fence shall be a six-foot high ornamental aluminum
fence capable of withstanding a lateral force of 450 pounds per section.
Fence shall be a Jerith Industrial Style #101 or as approved by the
Board. Fence posts shall be a two-and-one-half-inch square section.
(2)
Corner post: four-inch O.D. square aluminum not less
than two feet, four inches minimum placed in Class C concrete with
minimum ten-inch diameter concrete.
(3)
Posts shall be not less than eight feet on center.
(4)
The area fenced shall be leveled in order that ground
level to base of fence shall not be greater than four inches.
(5)
Color shall be black permanently attached by polyester
powder coating.
(6)
All hardware shall be corrosive-resistive and be vandal-resistive.
E.
General design specifications for all fencing.
(1)
All basin fencing shall have a warranty of not less
than two years from date of completion.
(2)
The entryway of the gate shall be constructed of like
or same materials as the fence, hinged, or roller-bearing system to
provide access, which shall be capable of being locked with a chain
and which shall at all times be maintained in the future in a locked
position.
[Amended 10-1-2007 by Ord. No. 47-2007]
(3)
Padlock or other lock system will secure the chain
or other device utilized in the locking mode.
(4)
The area for access to the entranceway (or if more
than one, each area) shall be clearly marked and identified by easements,
walkways, stone ways, or other easily identifiable means by which
access to the detention basin or area being fenced shall be clearly
identified.
(5)
No fence shall extend for more than 500 linear feet
between access areas.
A.
No access area or easement to a detention basin through
a fence shall in any way be obstructed, built upon, or permitted to
grow in green growth to a height higher than that of ordinary grass
which shall be cut, maintained, and/or trimmed on a regular basis,
so that its overall height shall not exceed six inches.
B.
Any grass grown inside of the detention basin shall
likewise be maintained in the same or similar fashion.
C.
Trash, debris, and other materials or green growth
shall not be permitted to grow at or around or be maintained at or
around the fence area.
D.
The fence area shall be maintained around the fence
at all times in a clean, trash-free manner, without growth.
E.
Nontoxic weed killer or that which is permitted by
law shall be utilized to prevent growth of greenery around the fence
to within one foot of each side of the fence, so as to facilitate
mowing and maintenance.
[Amended 10-1-2007 by Ord. No. 45-2007]
F.
No trees shall be permitted to be maintained inside
of the detention basin.
G.
Shrubs and other types of buffer shall not be planted
any closer than three feet from any fence area which shall be utilized
to surround a detention basin.
[Amended 10-1-2007 by Ord. No. 47-2007]
H.
All parts of the fence including posts, gates, caps,
rails and any other feature, shall not be permitted to be maintained
in a condition where deterioration or rust is exposed to public view.
[Amended 10-1-2007 by Ord. No. 47-2007]
I.
A maintenance device shall be provided on a perpetual
basis to continually maintain the fence in a rust-free, trash-free,
green-growth-free and safe and sound condition at all times.
In the event that the owner, the association
or other party responsible for the repair, maintenance and replacement
of basin fencing wishes to change the design of fencing installed
prior to the passage of this article, the Planning Board may approve
such a change after a review of the proposed change to insure that
the safety issues are adequately addressed by the new design.
Any fence to be erected pursuant to this article
or any amendments thereto shall be constructed at a time or times
as shall be hereinafter defined. Any fence required by this article
shall be erected and completed prior to the issuance of the first
certificate of occupancy for each section or phase in the section
related to the certificate of occupancy and fence. This article shall
be applicable for each subsequent section sought to be developed.
