Eagleswood City Zoning Code
ARTICLE X
Fences, Walls and Hedges
§ 295-59 General requirements.
B.
Fences, walls and hedges shall be permitted, in accordance with the provisions defining and regulating same set forth in this chapter, in any zone in Eagleswood Township.
C.
The design and materials of fences, walls and hedges shall be functional, shall complement the character of the size and type of building with which they are associated, and shall be suited to the nature of the project. A combined scheme of fences, walls and hedges may be used to achieve the design effect intended.
D.
Fences and walls, including all posts and support structures, shall be constructed to withstand the conditions of normal wind loads and/or other design and construction loads.
F.
Walls may be constructed out of brick, stone or other maintenance-free material, as defined in Article VII of this chapter.
G.
Installation. Fences, gates and walls shall be constructed plumb and in accordance with current construction practices as recommended by the manufacturer and the following:
(1)
Posts to be set in concrete shall be installed in dug or drilled holes. Posts not requiring a concrete foundation may be driven to the required depth if ground conditions permit, or they shall be installed in holes dug or drilled as will allow sufficient room for proper backfilling. If solid rock is encountered, any posts not required to be set in concrete shall be installed by drilling the rock to the required depth and grouting the post therein with grout composed of one part cement and two parts sand.
(2)
Post holes for posts not requiring concrete foundations shall be backfilled with suitable material. All backfilling shall be performed in layers not exceeding four inches, and each layer shall be thoroughly tamped. When backfilling and tamping is completed, the posts and anchors shall be held securely in proper position.
(3)
Fence and wall materials which are damaged during construction operations shall be disposed of and replaced with new materials of the same or equivalent type.
H.
Hedges.
(1)
Hedges shall be composed of durable woody plants that make a thick, intertangled or impenetrable growth, and that withstand shearing.
(2)
Both trees and shrubs may be used for hedges.
(3)
Hedges proper shall be distinguished from edgings, which are low and sometimes temporary lines about walks, flower beds or borders.
(4)
Hedges shall be planted no closer than three feet to any property line.
(5)
Hedges shall be neatly trimmed and maintained in an aesthetically pleasing condition.
I.
No fence, wall or hedge shall be constructed, installed, erected or planted within a sight triangle or sight distance area or so as to constitute a hazard to traffic or safety.
J.
No fence, wall or hedge shall contain spikes, sharp objects, barbed wire, razor ribbon, or any other similarly dangerous material which may be hazardous to persons or animals.
K.
The following fences and walls and construction materials related thereto are specifically prohibited in all districts in the Township of Eagleswood: barbed wire, canvas, cloth, expandable and collapsible fences, and slab fences of any type. The ban on barbed wire shall not apply to fences or walls located on and necessary to the operation of a farm or to barbed wire strands placed atop a security fence or wall constructed between six feet and eight feet in height around a conforming commercial or industrial use, provided that the fence or wall conforms to all other standards and that no barbed wire be permitted in the front yard of nonfarm uses.
M.
All fences and walls shall be erected a minimum of six inches from all property lines of the lot on which same will be located.
N.
No fence, wall or hedge shall be constructed, erected or planted so as to encroach upon any public or private right-of-way or easement.
O.
All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected. The finished side of fences and walls shall face adjacent properties.
P.
The height of all fences, walls and hedges shall be measured from the ground elevation or finished grade at the bottom point of the fence, wall or hedge to the uppermost portion of the fence, wall or hedge.
Q.
Fences and walls which are painted or stained shall be one harmonious color throughout.
R.
Fences, walls and hedges shall be constructed, erected or planted in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked, obstructed or dammed so as to create ponding.
S.
Maintenance standards.
(1)
Every fence and wall shall be maintained in a structurally safe, sound, upright and aesthetically pleasing condition.
(2)
If upon inspection any fence, wall or hedge or any portion thereof is not maintained in accordance with this section, or has been constructed, erected, reconstructed, planted or maintained in violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessee or tenant, or otherwise, shall be notified of the violation and instructed to abate the violation within five days after service of the notice. In the event of failure to comply with the aforesaid notice, the person notified shall be subject to the violations and penalties set forth in § 295-58 of this chapter.
T.
Height. Fences, walls and hedges hereafter erected, altered, reconstructed or planted in any zoning district in the Township of Eagleswood shall not exceed four feet in height above ground level when located in an area within the front setback, as defined for the zoning district in which the property is located, or shall not exceed six feet in height above ground level when located in any side yard or rear yard, except as follows:
[Amended 5-20-1999 by Ord. No. 5-99]
(1)
In the LB Zoning District, fences or walls not exceeding eight feet in height may be erected or planted in the rear or side yard areas and behind the front building line.
(2)
On public park, recreation or school properties, open wire fences not exceeding eight feet in height may be erected, except that fences enclosing outdoor tennis courts, baseball backstops and other fences normally provided with recreation facilities may be open wire fences not exceeding 12 feet in height, provided they are not located in the required front yard.
(3)
On private properties, open wire fences not exceeding 12 feet in height may enclose outdoor tennis courts, provided they are not located in the required front yard.
(4)
Fences, walls and hedges specifically required by other provisions of this chapter and other municipal and state regulations.
U.
Waterfront property. The fence, wall or hedge on a waterfront property shall not exceed six feet in height. Any fence, wall or hedge placed within 15 feet of the mean high-water line (on lots with no bulkhead) or bulkhead shall not exceed four feet in height and must maintain fifty-percent consistent density and/or opacity. A four-foot fence, wall or hedge may be installed along the rear property line six inches inside of the rear property or any property line adjacent to the mean high-water line, provided said fence, wall or hedge meets the fifty-percent density and/or opacity requirements.
[Amended 9-30-2009 by Ord. No. 2009-09]
V.
A permit shall be required for the construction, erection or reconstruction of all fences and walls and the planting of hedges. Said permit shall be issued by the Eagleswood Township Zoning Officer.
[Amended 5-15-1997 by Ord. No. 8-97]