Canton Township Washington County
City Zoning Code
City Zoning Code
PART 11
FENCES
§ 27-1101 Fences, Walls, and Screens for Residential.
[Ord. No. 4-2022, 6/9/2022]
Fences erected on properties used in whole or in part for residential purposes are subject to the following restrictions.
§ 27-1101.1 Performance Standards for Fences, Walls, and Screens.
[Ord. No. 4-2022, 6/9/2022]
1.
In all districts, trees, shrubs, and other plantings are permitted in any front yard, provided they do not block the clear sight distance of vehicular traffic.
2.
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.
3.
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.
4.
Barbed wire and electrified fences are strictly prohibited in all R-1 Rural Residential zoned areas unless specifically approved by the Zoning Officer in accordance with Ordinance of Fences, Walls and Screens, (Ord. No. 9 of 2007), of the Canton Township Code of Ordinances.
5.
Gates must open onto the owner's property.
§ 27-1101.2 Placement Materials and Height.
[Ord. No. 4-2022, 6/9/2022]
1.
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 four feet in a front yard, no more than six feet in a side yard, and no more than eight feet in a rear yard. On a corner lot the fence, wall or screen must comply with this chapter.
2.
Fences, walls, and screens may be erected only on side and rear yards of a public school, public recreational facility, municipal or public building.
3.
A retaining wall may be erected, along any property line where it is required to prevent a landslide or other hazardous conditions. Tops of walls over four feet in height may be required to be protected by a fence to prohibit individuals from falling from or over the elevation change when the Zoning Officer deems the retaining wall has created a dangerous condition.
4.
A fence, screen or wall cannot be erected in a public or dedicated right-of-way.
5.
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.
6.
A fence, wall, or screen 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.
7.
Unless an exception is obtained with the Zoning Officer, the finished or good side of the fence shall be erected toward the neighbor.
§ 27-1101.3 Permitted Materials for Construction.
[Ord. No. 4-2022, 6/9/2022]
1.
Fences and screens may be bare, painted or plastic-coated and be constructed of wood, metal chain link, woven, welded, galvanized, steel, aluminum, trees or shrubs.
2.
Freestanding walls may be constructed of stone, poured or precast concrete, brick or tile masonry.
3.
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.
4.
Prohibited materials of construction for perimeter fences include short pointed fences less than 42 inches in height and poultry wire.
5.
Materials permitted other than those listed in this chapter as permitted shall be subject to review and approval prior to their use and the issuance of a permit by the Zoning Officer.
§ 27-1102 Fences, Walls and Screens for Nonresidential.
[Ord. No. 4-2022, 6/9/2022]
Fences erected on properties used in whole or in part for nonresidential purposes are subject to the following restrictions.
§ 27-1102.1 Screening and Fencing for Commercial and Industrial Uses.
[Ord. No. 4-2022, 6/9/2022]
The following standard shall apply for screening of buffer zones, commercial and industrial uses, or portions thereof: Reference Ordinance of Fence Walls and Screens, (Ord. No. 9 of 2007), of the Canton Township Code of Ordinances.
1.
A planted screen shall be a minimum of 75% solid density, and with a type of planting material providing a year-round visual barrier within two growing seasons of the initial planting. The minimum height after five years shall be five feet; however, additional height may be required where it is deemed necessary by the Zoning Officer to achieve adequate visual screening of the commercial or industrial use.
2.
Fences, walls or screens 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 Zoning Officer to achieve adequate visual screening of the commercial or industrial use.
3.
Additional heights of fences, walls or screens may be required where it is deemed necessary by the Zoning Officer because of land contours or sight line difficulties. Fences in any commercial, industrial, or industrial park district may not exceed eight feet in height. Junkyard sites must be completely enclosed by a sight-obscuring screen, masonry wall, wooden fence or compact evergreen vines at least eight feet in height.
§ 27-1103 Permits and Maintenance Requirements.
[Ord. No. 4-2022, 6/9/2022]
1.
Prior to the erection of a fence, wall or screen, a permit must be obtained from the Zoning Officer. The application must be accompanied by a plan sketch to scale showing the proposed fence location, and the fence permit filing fee. The fee is set by the Supervisors of the Township of Canton by resolution. No fence installation may proceed until the staked location has been verified on the property site by the Zoning Officer. The Township, however, shall not be liable for improperly staked fence lines.
2.
The fence owner is solely responsible for the continued maintenance of any fence, wall or screen.
3.
If a fence or wall is not properly maintained, or is deemed unsafe, or is damaged, destroyed or deteriorated, the fence owner must remove, replace or repair the fence within 30 days of receipt of written notice to do so from the Zoning Officer or Township Official.
4.
Any fence erected prior to the enactment of this chapter will not be subject to all of the new fence requirements contained in this chapter; however, they are subject to all the requirements of continued maintenance of a fence in this chapter.
§ 27-1104 Violations and Penalties.
[Ord. No. 4-2022, 6/9/2022]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a District Justice in the manner provided for the enforcement of summary offences under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 and not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues beyond the date fixed for compliance, or each section of this Part which shall be found to have been violated, shall constitute a separate offence.
§ 27-1105 Severability.
[Ord. No. 4-2022, 6/9/2022]
The Supervisors of the Township of Canton intend to enact this Part as a constitutional legislation of the Township of Canton. If any word, clause, section, sentence, paragraph or other part of this Part is, for any reason, found to be unconstitutional, illegal or invalid by any court of competent jurisdiction in the Commonwealth of Pennsylvania or the Judicial System of the United States of America, such unconstitutionality, legality or invalidity shall not affect, nor impair any of the remaining provisions, words, sentences, clauses, paragraph, sections or parts of this Part. It is hereby declared as the intent of the Supervisors of the Township of Canton that this Part would have been adopted had such unconstitutional, illegal, or invalid word, clause, section, sentence, paragraph or part thereof, not been included herein.