Eastampton Township
City Zoning Code
City Zoning Code
ARTICLE XI
Fences and Walls
§ 540-59 Fence regulations.
A.
General fence requirements.
(1)
No fences shall be erected within the Township without the owner of the premises or his representative obtaining a permit from the Construction Official of the Township. The fee for such permit shall be as set forth in this chapter.
(2)
The application shall be on such form as prepared by the Construction Official.
(3)
All fences shall be of good quality materials and installed in a good workmanlike manner. All fences shall be maintained by the owner.
(4)
Any deed restrictions are not to be superseded by this chapter. However, fences to be erected in undedicated buffer areas shall be approved by the Zoning Officer and the Construction Official. In instances involving undedicated buffer areas on corner lots, the Township Engineer shall approve the placement of the fence to ensure safe sight distances along intersecting street for motorists are provided.
(5)
The provisions of this chapter shall not apply to the erection of fences within a publicly owned park, playground or school premises if the need for such a fence for such uses as athletic fields is demonstrated to and approved by the Township. However, fences to be erected in undedicated buffer areas shall be approved by the Zoning Officer and the Construction Official. In instances involving undedicated buffer areas on corner lots, the Township Engineer shall approve the placement of the fence to ensure safe sight distances along intersecting street for motorists are provided.
(6)
The height of all fences shall be measured at right angles from ground level to the highest element of the fence.
(7)
Barbed or razor wire is prohibited on all fences.
(8)
Conditions for easements. The regulation of fences within easements varies based on easement type. Fence type, height and location within easements are further regulated by other sections of this chapter. Fences within easements shall require approval from the Construction Official.
(a)
Utility easements. Easements, including water, sanitary, gas, storm, sewer pipe (other than drainage swales), telephone, electric, cable television and fiber optics: Fences are permitted with the provision that the post or other fence support structure is a minimum of three feet above the utility improvement. Additional requirements or design standards imposed by the easement grantee or utility owner shall be followed by the applicant. In the event of a conflict between said requirements and the provisions of this chapter, the stricter provisions shall apply. On pipeline easements, fences may be located, provided that the fence posts are not to be placed in or on top of the pipeline. The location of the pipeline is to be ascertained from as-builts on file in the Township or, if no as-builts are on file, then by way of a hand auger to the depth of five feet arranged for by the property owner. In the event that a property owner cannot arrange for a hand auger, the Township shall arrange for same and the property owner shall pay the cost for said arrangement.
(b)
Storm drainage swale easements. Fences shall be allowed on swales elevated to six inches with the requirement that the residents use chicken wire, if so desired, on the lower six inches on the inside of the fence.
(c)
Buffer easements (also known as "preservation areas or zones" and "buffer areas or zones"). Fences are permitted in a buffer easement which abuts a county road only on the crest of the berm, to a maximum height of six feet measured from the highest point of the berm, provided that the top of the fence is horizontally uniform all along the berm. Fences are only permitted on the berm if all affected property owners apply for a fence permit for the same type of fence, which shall be a wooden privacy fence, the type and quality to be the same for all contiguous properties. The berm shall be maintained by the property owner on both sides of the fence, and the property owner shall have the right to locate landscaping on the street side of the fence, subject to the approval of the Township Planner. In the event that a berm does not exist on a buffer easement, the fence may be located 16 feet from the curb or cartway edge subject to Township regulations set forth herein with respect to sight and site distance requirements. In any event, no fence is allowed on a buffer area owned by the Township of Eastampton. Whether the fence is to be located on a berm or not, the landscaping plan of the development may be changed by the developer, if necessary, subject to approval of the Township Engineer. Fences to be set forth on a berm or in a buffer easement without a berm shall contain a gate. There shall be no impairment of the drainage plan applicable to the buffer easement, and, therefore, the fence shall be at least two inches above the ground.
(d)
Site easements. Fences are not permitted higher than three feet and shall be of nonsolid construction such as split rail. Property owners shall not create a continuous or substantially continuous wall of landscaping, such as a hedge or row of dense shrubbery or trees or other materials higher than three feet, which would block sight distance.
(e)
No landscaping or bushes or shrubbery shall be allowed on easements. If the fence causes any drainage problems, the fence shall be removed or relocated as per Township Engineer instructions. If, during the time of the relocation determination, it appears the proposed location would be detrimental to drainage or sewer or water flow, then no permit shall issue. The applicant is required to submit to the Construction Official a certification of a licensed engineer that there will be no detrimental impact.
(f)
The owner of the fence shall be solely responsible for the cost of the removal of the fence and shall remove same upon notice of the municipality in the event there is a violation or a public health, safety and welfare need to remove the fence. By applying for and receiving a fence permit, the property owner agrees that the Township is not responsible for any loss. The provisions of this subsection shall be set forth on a continuing certificate of occupancy which is to be issued upon the sale of each property.
(g)
Stormwater flow. Fences shall be erected to avoid damming or diverting the natural flow of water or shall be integrated into a grading plan that provides for the adequate movement of stormwater.
(h)
Deviations from the following fence regulations shall require bulk variances.
B.
Residential fence regulations.
(1)
Fences shall be constructed of wood, vinyl or metal.
(2)
Chain-link fences and highway style metal guiderails are prohibited, except for the following applications:
(a)
Chain-link fences shall be permitted to enclose and secure recreational facilities including, but not limited to, in-ground swimming pools, tennis courts, basketball courts and similar court and/or fields for recognized sports.
(b)
Wooden guiderails shall be permitted in residential parking lots when warranted to protect structures and guard against significant grade changes next to parking spaces.
(3)
Fences shall be no closer than 15 feet to the Township right-of-way or 20 feet from the roadway when a right-of-way does not exist. This applies to corner properties, mid-block curve properties and properties which have frontage on all streets. Corner properties are considered to have front yards on all streets. In any event, no fence shall be located in front of any part of the building on an adjacent property. However, fences to be erected in undedicated buffer areas shall comply with the following requirements:
(a)
Corner properties:
[1]
For the street side of the property that corresponds with the front of the dwelling where the front door is located, fences shall not be closer than the required front yard building setback line or the corner of the dwelling closest to the street right-of-way line, whichever is farther from the street right-of-way line.
[2]
For the street side of the property that does not correspond with the front of the dwelling where the front door is located, fences shall not be closer than 15 feet from the face of the curbline of the street provided the fence does not obstruct the sight distance line from the intersection of the two streets that form the corner property. In no case shall the fence be closer than two feet from street right-of-way line.
(b)
Mid-block properties: fences shall not be closer than 15 feet from the face of the curbline of the street. In no case shall the fence be closer than two feet from street right-of-way line.
(c)
Double-frontage properties that have two street frontages excluding corner lots: fences shall not be closer than 15 feet from the face of the curbline of the street. In no case shall the fence be closer than two feet from street right-of-way line.
(4)
Fences not exceeding 36 inches in height above ground level are permitted in the required front yard. A fence up to six feet in height may be erected between the building and 15 feet from the right-of-way or 20 feet from the roadway when a right-of-way does not exist. All front yard fences shall not be constructed of materials that would block the view of vehicular traffic at the intersection. A front yard corner property fence shall be of a nonsolid construction, such as a split rail, and be no greater than three feet in height. Chain-link fence and fences of solid construction are not permitted. However, fences to be erected in undedicated buffer areas shall not exceed six feet in height.
(5)
A continuous or a substantially continuous wall of landscaping, such as a hedge or row of dense shrubbery or trees or other materials higher than three feet, which would block the sight distance for traffic approaching intersections is prohibited.
(6)
Fences not exceeding six feet in height above ground level may be erected between the front building line to the side property line and to the rear of the property unless easements exist.
(7)
Fences shall be maintained by the owner and kept in alignment and shall be maintained in a safe, sound and upright condition and in accordance with the approved plan on file with the Construction Official and shall contain a gate along any buffer or easement of sufficient size to accommodate a lawn mower.
(8)
All fences must be erected along the property lines, except that no fence shall be erected so as to encroach upon a public right-of-way. However, fences to be erected in undedicated buffer areas shall comply with § 540-59B(4).
(9)
Fences as used in this section shall not include the plantings and shrubbery.
(10)
Fences may be erected, altered or reconstructed to a height not to exceed six feet above ground level, said six feet to include ornamental caps or toppers, unless it is determined by the Construction Official that the height creates a safety hazard or vision obstruction.
(11)
On all townhouse and multifamily properties, fences shall be compatible with the architectural style of the townhouse building.
(12)
Fences shall be uniform with respect to a singular building, but each building may have a different style of fence.
(13)
The provisions of this chapter shall not be applied so as to restrict erection of a wall for the purpose of retaining earth.
(14)
On all wooden fences, the finished side of the fence shall face the outer side of the property.
(15)
Fences in buffer areas which are not easements and which have been deeded to the Township without condition in the fee simple absolute mode shall only be located along the property line furthest from the cartway and which divides the property owner's property from the buffer area. Fences along said property line shall be permitted only if the fence does not exceed six feet and if the affected property owner has applied for a fence permit for the same type of fence which shall be a wooden or vinyl privacy fence, the type and quality to be the same for all the contiguous properties along the buffer area.
C.
Nonresidential fence regulations.
(1)
Fences shall be no closer than 15 feet to the Township right-of-way or 20 feet from the roadway when a right-of-way does not exist.
(2)
Fences aligned with the front facade of a nonresidential building facing the front yard but not located in the front yard and fences located in side and rear yards shall not be more than eight feet in height.
(3)
Fences higher than three feet are not permitted in front yards of nonresidential buildings. Corner properties are considered to have front yards on both streets.
(4)
Nonresidential property owners shall create a continuous or substantially continuous wall of landscaping, such as a hedge or row of dense shrubbery or trees or other materials higher than three feet, which would block the sight distance for traffic approaching intersections.
(5)
When a nonresidential property abuts a residential use or zoning district, a solid fence having a cover material consisting of boards or panels, or slats or weave boards and erected at a minimum height of six feet shall be provided along the nonresidential property line.
(6)
Highway style guiderails shall be permitted within side and rear yards for loading and truck and trailer parking areas, and shall be prohibited in front yards.
(7)
Wooden guiderails shall be permitted in nonresidential passenger vehicle parking lots when warranted to protect structures and guard against significant grade changes next to parking spaces.
D.
Redevelopment Plan, Town Center Zoning District fence regulations.
(1)
Fences shall be architecturally compatible with the style, materials and colors of the principal building on the same lot.
(a)
Front yards may have the following treatments: wood or vinyl picket fence, or decorative metal picket fences.
(b)
Masonry pilasters may be substituted for wood, vinyl covered or metal posts provided they do not interfere with sight distances of motorists entering and exiting the property and adjoining properties. The fence setback distance shall be measured to the outer most edge of the pilaster.
(2)
Front yard fences shall be set back three feet from the paved sidewalk.
(3)
Front yard fences, hedges and walls shall be limited to a maximum of 3 1/2 feet in height above ground level and be a minimum of 60% solid.
(4)
Fences shall not conflict with the site distance requirements. Where driveways and private parking is accessed off of a road other than a rear alley, a fence permit must be reviewed by the Township Engineer to certify compliance with all site distance requirements.
(5)
Side and rear yard fences shall not exceed six feet above ground level.
(6)
When a nonresidential use abuts a residential zoning district, which is exclusive of mixed residential and nonresidential zoning districts, a solid fence having a cover material consisting of boards or panels, or slats or weave boards and erected at a minimum height of six feet shall be provided along the property line of the nonresidential use.
(7)
Hedges may be used instead of fences as determined by the Land Use Planning Board.
(8)
Side and rear yards and patio enclosures may be defined by a wood, vinyl or metal fence or vegetative hedge, or some combination thereof. The height of such yard or patio enclosure shall not exceed six feet above ground level and shall be suitable to provide privacy and screen views of neighboring uses, trash receptacles/containers or recycling bins.
(9)
On corner lots, such fences shall not be closer to the street side property line than the building setback line.
(10)
Gates in fences shall consist of the same fence material.
E.
Enforcement. If the Construction Official, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence, in writing, of his findings and shall state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 30 days of the written notice. The failure of the property owner to comply with the Construction Official's request shall result in the fence being deemed brush, weed and debris and removable by the municipality, the cost of said removal to be assessed against the land.
§ 540-60 Wall regulations.
A.
General wall requirements.
(1)
No walls shall be erected within the Township without the owner of the premises or his representative obtaining a permit from the Construction Official of the Township. The fee for such permit shall be as set forth in this chapter.
(2)
The application shall be on such form as prepared by the Construction Official.
(3)
All walls shall be of good quality materials and installed in a good workmanlike manner. All walls shall be maintained by the owner.
(4)
Any deed restrictions are not to be superseded by this chapter.
(5)
The provisions of this chapter shall not apply to the erection of walls within a publicly owned park, playground or school premises if the need for such a wall for such uses as athletic fields is demonstrated to and approved by the Township.
(6)
The height of walls shall be measured in the following manner:
(a)
The height of all freestanding walls shall be measured at right angles from ground level to the highest element of the wall.
(b)
The height of all retaining walls shall be measured at right angles from the ground level at the bottom or base of the wall to the highest element of the wall. For terraced retaining walls their height shall be the sum of all walls that together compose the overall retaining structure.
(7)
Walls shall be of masonry construction that matches or complements the architectural design of the principal building.
(8)
Gates in walls shall be of wood, vinyl or metal construction that matches or complements the architectural design of the principal building and the wall.
(9)
No wall shall be topped with barbed or razor wire, metal spikes, broken bottles and glass, or material that is dangerous to persons or animals.
(10)
Stormwater flow. Walls shall be erected to avoid damming or diverting the natural flow of water or shall be integrated into a grading plan that provides for the adequate movement of stormwater.
(11)
Deviations from the following wall regulations shall require bulk variances.
B.
Freestanding walls.
(1)
Residential freestanding wall regulations.
(a)
Side and rear yards and patios may be defined by a freestanding wall. The height of such yard or patio enclosure shall not exceed six feet above ground level and shall be suitable to provide privacy and screen views of neighboring uses, trash receptacles/containers or recycling bins. Freestanding walls that extend along a side property line into the front yard shall not exceed three feet above the ground level, shall be constructed at least 15 feet from the right-of-way or 25 feet from the roadway when a right-of-way does not exist, and shall be prohibited elsewhere in a front yard.
(b)
Walls shall not conflict with the site distance requirements. Where driveways and private parking is accessed off of a road other than a rear alley, a wall permit must be reviewed by the Township Engineer to certify compliance with all site distance requirements.
(c)
Townhouse and multifamily residential developments.
[1]
The requirements of § 540-60B(1)(a) and (b) shall apply to townhouse and multifamily residential developments.
[2]
Freestanding walls shall be permitted in the front yard to screen parking lots, provided their height does not exceed three feet above ground level, they are set back at least five feet from the street right-of-way and at least three feet from the nearest paved sidewalk, and they do not interfere with sight distances of motorists entering and exiting the property and adjoining properties.
[3]
Freestanding walls shall be permitted to enclose areas containing trash and recycling receptacles. The height of such walls shall not exceed six feet. These enclosures shall be permitted in side and rear yards according to the accessory building and structure setback requirements of the corresponding zoning district in which they are located, and shall be prohibited in front yards.
(2)
Nonresidential freestanding wall regulations.
(a)
Freestanding walls shall be permitted along property lines in side and rear yards and shall be prohibited in the front yard. Freestanding walls shall be set back from a side or rear property line according to the minimum buffer depth required for the zoning district in which the walls are located. Landscaping shall be provided along the side of the wall facing the adjoining property in accordance with the requirements of this chapter.
(b)
Maximum freestanding wall height. The maximum freestanding wall heights for the following zoning districts shall be:
(3)
Redevelopment Plan, Town Center Zoning District freestanding wall regulations.
(b)
Nonresidential uses and the nonresidential use component of a mixed residential and nonresidential development shall comply with § 540-60A and B(2)(a) unless expressly differentiated in a specific zoning district of the Redevelopment Plan, Town Center Zoning District, and the following height requirements:
[1]
Freestanding walls shall be permitted in the front yard to screen parking lots, provided their height does not exceed three feet above ground level, they are set back at least five feet from the street right-of-way and at least three feet from the nearest paved sidewalk, and they do not interfere with sight distances of motorists entering and exiting the property and adjoining properties.
[2]
Freestanding walls shall be permitted to enclose areas containing trash and recycling receptacles. The height of such walls shall not exceed six feet. These enclosures shall be permitted in side and rear yards according to the accessory building and structure setback requirements of the corresponding zoning district in which they are located, and shall be prohibited in front yards.
[3]
Freestanding walls along side and rear property lines shall not exceed six feet.
C.
Retaining walls. Residential, nonresidential and Redevelopment Plan, Town Center Zoning District retaining wall regulations.
(1)
Maximum height of retaining walls shall be six feet for an individual wall or the sum of all terraced walls that together compose the overall retaining structure.
(2)
Appropriate security, such as four-foot-high fencing, shall be provided at the top of all retaining walls. The height of the fence shall not contribute toward the determination of the height of the wall. For walls 2 1/2 feet or less in height fencing at the top of such walls shall not be required unless the Township Engineer determines fencing is required for safety reasons.
(3)
For terraced walls an area at least five feet wide shall be provided between the back edge of the top of lower wall and the outer edge of the base of the upper wall in order to provide a planting area for landscaping and a safe landing area for persons who may inadvertently fall from the upper wall.
D.
Enforcement. If the Construction Official, upon inspection, determines that any wall or portion of any wall is not being maintained in a safe, sound or upright condition, he shall notify the owner of such wall, in writing, of his findings and shall state briefly the reasons for such findings and order such wall or portion of such wall repaired or removed within 30 days of the written notice. The failure of the property owner to comply with the Construction Official's request shall result in the wall being deemed brush, weed and debris and removable by the municipality, the cost of said removal to be assessed against the land.