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:
FARMLAND
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.
FENCING
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]
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.
[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.