[Amended 8-13-2012 by Ord. No. 812]
A. No permit is required for the construction of any fence or wall which is four feet or less in height. Any fence or wall which exceeds four feet in height requires a permit and shall be set back from any property line a distance of one foot. No fence shall exceed six feet in height, except a fence surrounding a tennis court or similar recreational court, which shall not exceed 12 feet in height, provided that any fence over six feet in height shall be at least 75% open. No wall shall exceed six feet in height; provided, however, that necessary retaining walls may exceed six feet in height after a site plan has been reviewed and approved by the Township Planning Board. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be constructed or installed within any right-of-way or within 12 feet of any existing edge of street pavement, except for shade trees in accordance with § 102-49A(29).
B. Fencing for deer control. Notwithstanding the provisions of Subsection A above:
(1) Fencing that is not less than 75% open designed for the purpose of repelling or preventing the travel or entry of deer ("deer fencing") may be installed in rear, side and front yards, as those terms are defined in § 102-4 under "YARDS," provided that any such fence installed in a front yard shall be installed not less than 50 feet from the front street sideline. The following regulations shall apply to the installation of fencing for deer control:
(a) No deer fencing shall be erected, constructed or installed which is in excess of eight feet in height.
(b) Deer fencing shall be constructed of black polypropylene material or a metal core covered by black polypropylene material only.
(c) Deer fencing may not be attached to trees and must be securely supported by black posts or attached to existing fencing and shall be installed in accordance with the manufacturer's specifications.
(d) Deer fencing must be safety staked or secured at ground level and may not have caps or rails or other decorative or nonfencing material at its top edge.
(e) Deer fencing must not be visible from any street.
(f) Deer fencing installed in a rear or side yard shall be set back from any property line a minimum distance of one foot.
(2) Permit. A permit for the construction and installation of deer fencing shall be obtained from the Construction Official. The permit fee shall be as set forth in Chapter 82, Fees. A sample of the proposed fencing material must be submitted to the Construction Official for approval as to material strength, durability, warranty, gauge suitability and compliance with the terms of this section prior to the issuance of the permit.
(3) Maintenance. Deer fencing and its installation shall be maintained in good condition and shall be subject to periodic inspection by the Construction Official to assure that it has not deteriorated, come loose or otherwise become a visual or safety nuisance or hazard.
