[HISTORY: Adopted by the Board of Supervisors of the Township of
Thornbury 11-19-1996 by Ord. No. 1996-6
(Ch. 19, Parts 1 through 6, of the 1983 Code). Amendments noted where applicable.]
The general intent of this chapter is to regulate and set forth provisions
for the erection and maintenance of perimeter fences.
The words and phrases as used in this chapter shall have the meanings
as hereinafter set forth, unless the context clearly indicates a different
meaning:
An earthen embankment which serves purposes such as retaining/detaining
the flow of surface water runoff, preventing soil erosion or supporting plant
materials to aid in screening.
The Board of Supervisors of Thornbury Township, Chester County, Pennsylvania.
A barrier of posts or boards, mesh, pickets, etc., generally 75%
open, allowing maximum visibility through the plane of the fence material.
A solid surface that is without openings.
A barrier of natural plantings, such as shrubs, trees, hedges and
other natural plantings.
A structural barrier restraining earth movement at a higher elevation
on one side.
A barrier of posts and boards, panels, etc., generally consisting
of a few openings providing minimum visibility through the plane of screen
material that is a minimum of 75% opaque (solid density).
Temporary fences (such as snow fences, expandable or collapsible
fences) are permitted only by special permission of the Zoning Officer during
a construction project or the snow season.
Thornbury Township, Chester County.
The officially designated Zoning Officer of Thornbury Township, Chester
County.
In all zoning districts, trees, shrubs and other plantings are permitted,
provided that they do not block the clear sight distance for vehicular traffic.
Fences, walls or other structures and hedges or plantings shall not
be located at street corners so as to interfere with the vision clearance
across the sight triangle of the corner lots. Their height is restricted to
three feet within the sight triangle. The sight triangle is that triangular
area lying between the intersection of two streets, and the line of sight
across the corner lots from points at a given distance along the center line
of each street.
No fence shall contain barbs or similar types of injurious materials
or configurations, unless specifically approved by the Zoning Officer for
appropriate reasons and circumstances, such as the containment of livestock
or high-level security. Chain-link or woven wire fences must have the top
selvage edge knuckled and not barbed.
Barbed wire and above-ground electrified fences are strictly prohibited in all residential areas, unless specifically approved by the Zoning Officer in accordance with § 76-5 above.
Gates must open onto the owner's property.
A.
Fences, walls or screens. Fences, walls or screens may be erected in the front, side and rear yards of properties in residential districts. The height shall be no more than six feet in any yard. On a corner lot, the fence, well or screen must comply with § 76-4 of this chapter. Fences and screens may be bare, painted or plastic coated and be constructed of wood, metal chain link, woven, welded, galvanized, steel, aluminum, recycled plastic, trees or shrubs.
B.
Retaining walls. Retaining walls may be erected along
any property line where it is required to prevent a landslide or other hazardous
condition. Tops of walls over four feet in height shall be required to be
protected by a fence, wall or screen to prohibit individuals from falling
from or over the elevation change when the Zoning Officer deems the retaining
wall has created a dangerous condition. Retaining walls may be constructed
of stone, concrete or brick masonry, cribbing of steel or concrete, as well
as wood timbers pressure-treated for decay or steel sheet piling.
C.
Freestanding walls. Freestanding walls may be constructed
of stone, poured or precast concrete, brick or tile masonry.
D.
Right-of-way. Subject to the provisions of § 76-13, a fence, screen or wall cannot be erected in a public or dedicated right-of-way. The Board of Supervisors shall be entitled to grant a waiver from this provision, where the location of the structure and depth of the yard render compliance with this requirement impossible.
E.
Pools. Every swimming pool must be enclosed by a four-foot
minimum height fence, wall or deck with a lockable gate to prevent uncontrolled
access to the pool. All decks above grade must be enclosed by a four-foot
minimum height fence with a lockable gate to prevent uncontrolled access to
the pool.
F.
Setbacks. A fence, screen or wall must be located completely
on the owner's property and no closer than six inches to a property line,
unless there is an agreement, in writing, by the owner and the adjoining property
owner. A copy of the signed agreement must be submitted with the application
to the Zoning Officer.
G.
Fence orientation. Unless a waiver is obtained from the
Board of Supervisors for good cause shown, the finished or good side of the
fence shall be erected toward the neighbor and/or public area.
H.
Agricultural and open space fences. Agricultural properties
located in the township's Agricultural Security District and properties
designated as open space on development plans approved by the Board of Supervisors
shall be entitled to waivers from the provisions of this chapter granted by
the Board of Supervisors where it is demonstrated to the Board that the strict
application of its provisions works a hardship upon the conduct of actual
agricultural operations or is unnecessary to the open space purposes.
A.
Planted screen. A planted screen required by any ordinance
of the township for the screening of buffer zones and commercial and industrial
uses shall be a minimum of 75% solid density and with a type of planting material
that provides a year-round visual barrier within two growing seasons of the
initial plantings. The minimum height at the time of planting shall be five
feet; however, additional height may be required where it is deemed necessary
by the Board of Supervisors to achieve adequate visual screening of the commercial
or industrial use.
B.
Man-made materials. Fences or walls required by any ordinance
of the township for the screening of buffer zones and commercial and industrial
uses shall be a minimum of 75% solid density and of maximum height specified
in this chapter. The minimum height shall be five feet; however, additional
height may be required where it is deemed necessary by the Board of Supervisors
to achieve adequate visual screening of the commercial or industrial use.
C.
Special requirements. Additional heights of fences, walls
or screens may be required where it is deemed necessary by the Board of Supervisors
because of land contours or sight line difficulties. Fences in any commercial,
industrial or industrial park district may not exceed eight feet in height.
Prior to the erection of a fence, wall or screen, a permit must be obtained
from the township. The application must be accompanied by a sketch plan to
scale showing the proposed fence, wall or screen location. No fence, screen
or wall installation may proceed until the staked location has been verified
on the property side by the Zoning Officer. The township, however, shall not
be liable for improperly staked fences, walls or screens.
The fence, wall or screen owner is solely responsible for the continued
maintenance of any fence, wall or screen.
If a fence, wall or screen is not properly maintained, or is deemed
unsafe or is damaged, destroyed or deteriorated, the fence, screen or wall
owner must remove, replace or repair the fence, screen or wall within 30 days
of receipt of written notice from the Zoning Officer.
All fences, screens or walls erected prior to enactment of this chapter
will not be subject to all of the requirements contained in this chapter,
except in those cases where the Board of Supervisors determines that a dangerous
condition exists, in which event the condition shall be corrected and brought
into substantial compliance with the requirements of this chapter; however,
they are subject to all the requirements of continued maintenance as described
in this chapter.
A.
Any fence, screen or wall owners who violate any of the regulations and maintenance notifications contained in this chapter shall be considered in violation of the chapter and subject to the penalties prescribed in Subsection B.
B.
Any person who violates or permits the violation of any
provision of this chapter shall, upon being found liable therefor in a civil
enforcement proceeding commenced by the Township before a District Justice,
pay a fine for each such violation in an amount of not less than $100, not
more than $600, plus all court costs, including reasonable attorneys'
fees incurred by the township. No judgment shall be imposed until the date
of the determination of a violation by the District Justice. If the defendant
neither pays nor timely appeals the judgment, the township may enforce the
judgment pursuant to the applicable Rules of Civil Procedure.
