[Adopted 8-4-2003 by Ord. No. 26-2003]
The site design for all major subdivisions and
for development projects involving a major site plan shall include
the installation of fencing adjacent to the lot line to separate and
act as a partial buffer between land used as farmland, as defined
within this section, and residential, commercial, industrial or other
types of use. This lot line fencing shall also be installed to separate
all major residential subdivisions in the Township of Harrison from
any active farmland, commercial developments, industrial developments,
municipal uses or school uses.
[Amended 10-1-2007 by Ord. No. 47-2007]
It is the intent of this article that certain
buffering and fencing, either ornamental aluminum vinyl-coated fencing
or a living fence shall be constructed or conserved adjacent to active
farmland to isolate, buffer and protect an adjacent use from the hazards
which may be encountered on an active farm and to protect and buffer
the farmland from the encroachments and hazards posed to the farming
operation by an adjacent inconsistent use. It is also the intent of
this article to protect a residential development from the hazards
which may be posed by an adjacent use which is nonresidential in nature.
As used in this article, the following terms
shall have the meanings indicated:
Land which is assessed as active farmland at the time the
site design is submitted for approval or which had been under active
cultivation or supported active farming operations such that it qualified
for farmland assessment within three years prior to the date of the
submission of a development application for the parcel.
Fence may be comprised of man-made materials or may be a
buffer comprised of dense vegetation known herein as a "living fence."
A living fence may be comprised of existing vegetation, provided it
meets the standards set forth herein or may be installed by the developer
if the owner of the adjacent farmland which benefits from the buffer
elects to have the developer install a living fence as further described
herein.
[Amended 10-1-2007 by Ord. No. 47-2007]
A.
No fence, constructed of man-made materials shall
be constructed on the occurrence of any of the following:
[Amended 10-1-2007 by Ord. No. 47-2007; 1-23-2013 by Ord. No. 2-2013]
(1)
Where the construction of a fence would pass into,
through, or upon any area described by the State of New Jersey as
"wetlands."
(2)
Where natural boundaries that would prevent the construction
of any fence, whether it be of man-made materials or of a living variety,
including actual waterways, or a naturally existing forest with sufficient
density that would prohibit the construction of a fence, unless said
forest area were removed.
(3)
Areas on slopes exceeding 20%.
(4)
Areas where the construction of a fence is likely
to alter or modify or restrict the flow of water or waters so as to
create any damming effect.
(5)
No fence may be erected in or traverse a dedicated
sight triangle. No fence may impede or interfere with the maintenance
of a clear sight distance at any point of access to a roadway within
the Township.
B.
Waivers. This article is intended to apply to a wide
range of conditions which may exist in the Township of Harrison. Any
part of this article may be waived by the Combined Planning Board,
where such Board makes specific findings of fact that the imposition
of requirements of this article would be detrimental to land owners,
their use of property or to the Township of Harrison. No part of this
article shall, however, be waived unless good cause be found in findings
of fact established by the Board.
[Amended 3-19-2012 by Ord. No. 21-2012]
C.
Only the owner of the farmland which is adjacent to
the development which will require a fence in accordance with the
provisions of this chapter may elect the installation of a living
fence as opposed to a fence of man-made materials.
[Amended 10-1-2007 by Ord. No. 47-2007]
B.
Living fence.
(1)
A living fence shall be defined as follows: The installation
of plantings consisting of any of the seven plantings hereinafter
specified and, in addition thereto, those plantings which may be natural
or indigenous to the area in question and which have a strong likelihood
of providing a fence effect so as to prohibit passage through said
living fence area, subject to the provisions of this article:
(a)
European alder (Alnus cordata): rapid growing,
not dense at the bottom, good windbreak, grows to 50 feet, very good
in wet sites but also does well in dry sites.
(b)
American arborvitae (Thuja occidentalis): dense,
grows to 40 feet, stays green all winter, and may get bagworms.
(c)
Japanese barberry (Beberis thunbergii): an excellent
plant to keep people off property because it is thorny. Only grows
four to five feet. Very pretty with different colored leaves. Get
vigorous cultivar.
(d)
Canadian hemlock (Tauga cardensis): very dense,
evergreen, grows up to 90 feet, sensitive to heat and moisture stress,
but does well in shade. Best for shade and moist soils.
(e)
Forsythia (Forsythia x intermedia): moderately
dense, spreading, grows to 10 feet with vigorous species, yellow flowers,
green foliage but deciduous. Fairly trouble-free but should be pruned
for best flower mass.
(f)
Privot (Liqustrum species): dense, deciduous,
fairly trouble-free, most common hedging plant, 10 to 25 feet in height.
(g)
Russian olive (Elaeagnus angustifolia): moderately
dense and rapid grower, 15 to 20 feet tall, tolerates poor and sandy
soils, drought tolerant.
(2)
The species provided for herein are intended to be
utilized as recommended examples of living plants ideally suited to
grow into fencing. Other plantings may possibly be substituted, depending
on the site, sunlight, soil and such other conditions as would apply
to probable growth of the planting.
(3)
Standards and specifications; disclosure on application
plan.
(a)
No living fence shall be installed unless there
shall be provided specifications and standards for the plants to be
utilized. The standards and specifications which must be disclosed
on the application plan shall include:
(b)
No plants or plantings shall be installed of
less than three-foot initial feet in elevation, with that elevation
being measured from the ground level and not a furrow.
(c)
All plants or plantings shall be installed in
order that after three years of growth, the plant or plantings shall
have reached an elevation of not less than five feet.
C.
Where an ornamental aluminum fence shall be required,
then the following specific specifications shall apply:
[Added 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.
Any fence to be erected pursuant to this article and Article I of Chapter 113, Fences, and any amendments thereto, 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 or phase sought to be developed.
[Amended 10-1-2007 by Ord. No. 47-2007]
A.
Where a fence, either living or of man-made materials,
shall have been conserved if already existing or installed pursuant
to the terms of this chapter, the following parties shall be responsible
for the maintenance of the buffer and/or fence:
(1)
The homeowners' association where a homeowners' association
has been established.
(2)
In the alternate where no homeowners' association
shall have been established, the individual homeowner where the fence
or buffer shall be situate.
(3)
The owner of the real estate or development upon which
the fence or buffer is situated.
B.
No fence and/or buffer, either living or of man-made
materials shall be removed by the homeowners' association or any owner
or by any other party.
C.
Maintenance standards. A fence, whether living or
constructed of man-made materials, shall be maintained applying the
following standards:
(1)
Fencing and buffers shall at all times be maintained
so as to be totally intact and to prevent the passage, except where
gate or gates may be installed, between one property and another,
it being the intent of the fence to prevent trespassing from one side
to another and to create a specific boundary area.
(2)
In the event of a living fence, the living fence shall
be trimmed and maintained in such a way as to create a barrier, but
of a living and green variety. The property owner is responsible for
the maintenance of the living fence as set forth herein and shall
at all times be responsible for the continued upkeep, maintenance,
replanting, if necessary, trimming, removal of debris and trash and
to take those steps necessary to insure that the living fence shall
be maintained in a safe, neat and kempt condition.
A.
Wherever a fence shall be required under this article
or any amendments thereto, the applicant/developer shall establish
deed restrictions which shall contain the following limitations, restrictions,
and standards:
(1)
A deed restriction shall require that the fence shall
not be removed unless the adjoining property shall no longer be used
for any of the purposes established in this article.
(2)
No fence or hedgerow shall be modified which may result
in changes in drainage on adjacent property.
(3)
Hedgerows shall not be altered in any fashion to change
or modify the purpose for which they were originally intended as a
barrier.
(4)
Hedgerows and fences at all times shall be maintained
pursuant to the deed restrictions so as to prohibit access to and
from adjoining properties by persons, machines, and surface water
drainage, if applicable.
(5)
Hedgerows or living fences may contain briers, poisonous
growth and other natural plants which shall not be destroyed by spraying,
cutting, severe trimming, or other means of destruction.
(6)
The deed restriction shall be recorded in the Gloucester
County Clerk's office and disclosed to any purchaser of lands being
developed.
(7)
This deed restriction may be enforced by any party
in the development, the municipality, the Combined Planning Board
of Harrison Township or the adjoining property which may be sought
to be protected.
[Amended 3-19-2012 by Ord. No. 21-2012]
B.
Deed restrictions shall be submitted to the Combined
Planning Board of Harrison Township for purposes of review and approval.
[Amended 3-19-2012 by Ord. No. 21-2012]
A.
No fence shall be installed in any way, whether it
be of man-made materials or living, so as to interrupt the flow of
waters across lands where water has previously flowed naturally.
[Amended 10-1-2007 by Ord. No. 47-2007]
B.
The contour of the land shall not be changed by more
than 10% to accommodate a fence so as not to modify or change the
natural areas of water flow across lands.
C.
No fence shall be installed in such a fashion that
it would act as a dam or diversion of waters to other areas.
D.
Fences shall be installed so as to accept natural
areas in the same as condition both before and after the development,
as near as possible.
[Amended 10-1-2007 by Ord. No. 47-2007]
No fence shall be installed or required, whether
of man-made materials or living, in locations where densely wooded
areas or growth would be required to be removed, such as woods, in
order that fences be constructed. This article shall not be construed
to prohibit the removal of separate and single trees or other growth
similar thereto for the purpose of installing aluminum vinyl-coated
fence or living fence.
This article may be enforced by a developer,
any landowner, any adjoining landowner, any person holding any prescriptive
right, easement right, any homeowners' association, the municipality
or the Police Department of the municipality.
Upon the abandonment or modification of the
adjoining use, such that the fence would no longer be required pursuant
to this article, the fence or fencing may be removed by the owner
of the property on which the fence is situate.
[Amended 10-1-2007 by Ord. No. 47-2007]
Nothing shall prevent any fence, composed of
either living or man-made materials, from being conserved if living
and already existing, built or installed on a boundary line with the
written consent of both parties.
[Added 12-6-2004 by Ord. No. 40-2004]
Any person or persons found guilty of violating
any of the provisions of this chapter shall, upon conviction thereof,
be punished by a fine not exceeding $1,250, imprisonment for a term
not exceeding 90 days or a period of community service not exceeding
90 days.
