Sec. 33-29Fences and retaining walls.
[Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2022, 2-7-1984, § 1; Ord. No. 3168, 9-27-1988, § 1; Ord. No. 3654, 12-19-2000, § 2; Ord. No. 3900, 9-6-2005, § 1; Ord. No. 4062, 3-18-2008, § 9.]
(a)
Locations of fences and retaining walls.
(1)
No fence or wall hereafter erected, altered or reconstructed in the R-S or R-M Zone District or on lots in any other zone districts on which buildings occupied for residential purposes are erected (except in the RR-M Zone) shall exceed four feet in height above ground level when located in any required front yard area or shall exceed six feet in height when located in any side or rear yard.
(2)
No fence hereafter erected, altered or reconstructed in the L-I Zone District shall exceed a height of eight feet above ground level.
(3)
No fence hereafter erected, altered or reconstructed in any zone district other than these in Subsection (a)(1) or (2) above shall exceed a height of six feet above ground level.
(4)
No retaining wall hereafter erected, altered or reconstructed in any zone district shall exceed four feet in height for each 12 feet of horizontal distance from a front property line when located within any required front yard area.
(5)
No retaining wail hereafter erected, altered or reconstructed in any zone district shall exceed six feet in height for each 12 feet of horizontal distance from a side or rear property line when located within any required side or rear yard area.
(6)
The foregoing restrictions shall not be applied to prevent the erection of a chain link fence not exceeding eight feet in height above ground level anywhere within a public park or school playground.
(b)
Dimensional and other bulk restrictions.
(1)
No fence or retaining wall hereafter erected, altered or reconstructed in any zoning district of the Township shall be located within 25 feet of the intersection of two street lines or within a required sight triangle as outlined and defined in Section 33-15(n)(1), (2) and (3).
(2)
The cumulative height of fences and retaining walls in any zone district except the L-I Zone District may be a maximum of six feet in height for each 12 feet of horizontal distance from a property line. The cumulative height of fences and retaining walls in the L-I Zone District may be a maximum of eight feet in height for each 12 feet of horizontal distance from a property line.
(3)
In all zone districts, fences erected in the front yard or a side and/or rear yard shall have at least one finished side and shall be erected so that the finished side is facing outward. Fences over two feet in height located in any front yard area shall be at least 50% open.
(4)
The use of barbed wire or wire on which barbs or metal points are strung or fastened is prohibited in all zone districts except the L-I Zone.
(5)
No fence or wall existing or hereafter erected, altered or reconstructed in any zoning district of the Township shall be electrified or capable of giving an electric charge or shock such that it will cause harm, damage or injury to a person, animal or property.
(6)
The use of canvas or cloth for fences is prohibited.
(7)
Support posts and any applied decorative post top treatments may not exceed the permitted height of the fence by more than eight inches.
(c)
Other provisions and requirements.
(1)
No fence may be erected, altered or reconstructed without a fence permit issued by the Construction Official, upon application forms and procedures established by the Building Department and upon the payment of the fence permit fee established in Chapter 11, Section 11-27.
(2)
A guard or dense landscape buffer, a minimum of three feet in height, shall be provided at the top of all retaining walls, or portions of walls, which are in excess of four feet in height. The guard or dense landscape buffer shall separate the top of the wall from any sidewalk, driveway, path or lawn area which could be used for pedestrian or vehicular traffic.
(3)
All fences must be erected within property lines unless the owners of adjoining properties mutually agree that a fence may be erected on their common property line and a maintenance easement agreement has been filed with the Building Department. No fence shall encroach on any public right-of-way without approval of such encroachment by the Township Council.
(4)
All fences shall be maintained in a sound, safe and upright condition. Fencing which violates this section shall be repaired or removed within 15 days of written notification from the Construction Official, which notice shall state the Construction Official's findings and state the reasons for such a removal or repair order.
(5)
All retaining walls shall be maintained in a sound, safe and upright condition. Retaining walls which violate this section shall be repaired or removed within 30 days of written notification from the Construction Official, which notice shall state the Construction Official's findings and state the reasons for such a removal or repair order.
