Bath City Zoning Code
ARTICLE XIV
Perimeter and Retaining Fences and Walls
§ 675-104 Permit.
No fence, wall or similar structure shall be erected without first obtaining a permit from the Zoning Officer, unless it qualifies as a temporary fence under § 675-108 below. Unless otherwise stated, fences, walls and hedges are permitted in all zoning districts.
§ 675-105 Maximum height of fences.
Fences shall not have a height exceeding:
A.
Six feet, if located in a side or rear yard of a residential zone property;
B.
Six feet above the highest point of the grade (retained side) of the adjacent ground, if affixed to a retaining wall;
C.
Two and one-half feet near or at an intersection and situate within a clear sight triangle;
D.
Forty-two inches if located in a front yard of a use within a residential district, provided that said fence is decorative in nature and is not designed as a visual screen of any portion of the property on which it is located. Decorative fences shall include split-rail, wrought-iron or picket varieties and shall be constructed entirely of wood, wrought iron, vinyl or a combination of these materials. Not less than 50% of the area of any such fence shall be open.
§ 675-106 Maximum height of retaining walls.
Retaining walls shall not have a height exceeding:
§ 675-107 Prohibited fences, walls, materials or similar structures.
The following fences, walls, similar structures or fencing and wall materials shall be prohibited:
A.
Barbed wire;
B.
Fabric (other than temporary barriers);
C.
Electrically charged fences;
D.
Broken glass affixed to or on any wall, fence or similar structure;
E.
Junk, including but not limited to discarded vehicles, automobiles, trucks, buses, tractors, appliances, such as refrigerators, washers and dryers, assembled or partially assembled materials, such as holding tanks, barrels and raw materials, such as stone, cement and sand; and
F.
Wire fences constructed with less than 12-gauge wire.
§ 675-108 Temporary fences, walls or similar structures.
Temporary fences, erosion control silt fencing, gardening fence and plant "cages," walls or similar structures used on construction sites or sand bags to control flooding are exempt from the permit requirements of this article, provided such fences, walls or similar structures are removed immediately upon completion of construction, gardening, or flooding, and are in no event in place in excess of six months.
§ 675-109 No blocking of public right-of-way.
No fence shall be permitted to be erected across a public easement or right-of-way which serves as a public thoroughfare to pedestrian or vehicular traffic, or beside running parallel to said right-of-way used as a public thoroughfare within one foot, and shall not impede or prevent emergency access for police, fire, and ambulance vehicles, and shall not be placed so as to impede snow removal or stormwater runoff.
§ 675-110 Setback.
Fences may be placed along a private property not abutting a public thoroughfare with zero setback, but the party installing the fence shall be responsible for locating the property line prior to installation of said fence, and the Borough shall not be responsible, through the issuance of a fence permit or otherwise, for any damages or dispute which may arise through the issuance of a fence permit or in approving the placement of any fence, where the applicant for a permit has submitted or relied on a survey plat or marker which is in error or at variance with that of a neighbor.
§ 675-111 Special retaining wall provisions.
A.
Materials. Walls built to retain or support lateral pressure of earth or water or other superimposed loads shall be designed and constructed of masonry, concrete, steel sheet piling or other approved materials. Wood used in retaining walls shall be approved preservative-treated wood treated in accordance with AWPA C2 or C9 as listed in BOCA Chapter 35 for ground contact, except as indicated in Sections 2311.7.1 through 2311.7.3 of BOCA. Use of wood for retaining walls is further limited as follows:
(1)
Untreated wood may be used where the wall is not more than two feet in height and is separated from the lot line or a permanent building by a minimum distance equal to the height of the wall.
(2)
Where a retaining wall or a crib wall is not more than two feet in height and is located on the lot line, approved naturally durable wood is permitted.
(3)
Where a retaining wall or crib wall is not more than four feet in height and is separated from the lot line or a permanent building by a minimum distance equal to the height of the wall, approved naturally durable wood is permitted.
B.
Design.
(1)
Retaining walls shall be designed to resist the design lateral soil loads, including both dead load and live load surcharges to which the walls are subjected, and to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Unless drainage is provided, the hydrostatic head of the water shall be assumed to be equal to the height of the wall. All designs shall be sealed by a registered professional engineer licensed in the Commonwealth of Pennsylvania.
(2)
Where retaining walls have differences in grade level on either side of the wall in excess of six feet, such retaining walls may require fencing or guards that are constructed in accordance with Section 1021.0 of BOCA or other approved protective measures. The Borough Manager, upon the receipt of a written request for waiver, and after consultation with the Borough Engineer, shall make a recommendation to the Council concerning whether fencing or a guard is required in the final plan approval.
(3)
Masonry retaining walls shall be protected with an approved coping.
(4)
Vertical retaining walls in excess of six feet shall be separated horizontally by a minimum of six feet.