Lindenwold City Zoning Code
ARTICLE XVIII
Fences
§ 365-95 Applicability.
All fences erected in the Borough of Lindenwold shall be subject to the following requirements.
§ 365-96 Permit required; definitions; exception; permit application.
B. FENCE
As used in this chapter, the following terms shall have the meanings indicated:
Includes walls not part of other structures but shall not include temporary planting enclosures intended for weather protection.
C.
Except where specifically provided herein, none of the restrictions or provisions herein shall apply to living fences.
D.
The application shall include a copy of a survey, a statement as to the height and location of the fence, the method to be employed in its support and the materials used in its construction. In addition, the applicant shall advise the Construction Official as to the date on which said fence is to be constructed in order to provide for the inspection thereof.[2]
§ 365-97 Fee. [1]
§ 365-98 Height restrictions.
No fence erected on or around a residential lot or parcel of land shall exceed six feet in height. Preconstructed fences must be installed as close to the ground as possible. The total height of the fence shall not include any slight undulation of the ground, provided that 80% of the fence does not exceed the maximum height of six feet.
A.
Height regulation, 30 inches. At the intersection of two or more streets, no hedge, fence or wall other than a single post or tree not exceeding one square foot in cross section which is higher than 30 inches above curb level nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining points each 20 feet distant from said intersection along said street lines. In the event that the county regulations impose a greater requirement where frontage is upon a county road, such greater requirement shall prevail.
B.
Height regulation, six feet. No fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zones on which residential buildings are erected shall exceed six feet in height above the adjacent ground level.
C.
Height regulation, eight feet. No fence or wall hereafter erected, altered or reconstructed in Business Zones B-1 and B-2 shall exceed a height of eight feet above ground level.
D.
Height regulation, 10 feet. No fence or wall hereafter erected, altered or reconstructed in Industrial Zone I-1 shall exceed a height of 10 feet above ground level.
E.
Barbed-wire fences.
(1)
Barbed-wire fences eight feet in height shall be permitted within the commercial and industrial districts of the Borough upon issuance of a conditional use permit by the Zoning Officer, where it can be demonstrated that:
(a)
The fences are needed to prevent entry into a hazardous area.
(b)
The fences are needed to secure an area where materials, equipment and/or machinery is stored.
(c)
In such other situations where the Zoning Officer determines that there are reasons justifying the construction of barbed-wire fencing.
§ 365-99 Fences on or near property lines.
A.
Fences shall not be erected on the property line without the approval of the adjacent property owner submitted in writing with the application for a fence permit, and in no event shall a fence extend beyond a property line.
B.
All fences must be erected six inches within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.
C.
In zones where semidetached, twins or duplexes are permitted, building setback lines shall govern locations of solid fences and shall not exceed a height of four feet. In the event that there are building unit separations of either duplex or multifamily units, the distance between building-to-building requirements shall apply to solid fences, but in no case shall a solid fence be permitted to extend forward of the house or dwelling unit into or encroach upon the front yard setback requirements.
§ 365-100 Fences in front yards.
No fence shall be erected in a front yard of any lot in a residential district or along a public right-of-way unless the fence is not more than 50% solid and is not more than four feet in height.
§ 365-101 Prohibited types of fences.
The following fences and fencing materials are specifically prohibited: short-pointed fences, canvas fences, cloth fences or electrically charged fences, poultry netting, temporary fences such as snow fences, expansible fences and collapsible fences, except during construction on such property.
§ 365-102 Decorative side to face adjacent property; approval required for multiple colors.
A.
All fences shall be erected with the most pleasant or decorative side facing the adjacent lot or property and the structural side toward the interior of the property, unless such structural posts or supports are an integral part of the decorative design of the fence.
§ 365-103 Living fences.
Living fences or screens shall be planted no closer than three feet to the property line and shall not encroach over a sidewalk or beyond a property line. Living fences shall be maintained in a neatly trimmed condition.
§ 365-104 Effect on natural drainage.
Fences shall be erected in a manner as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
§ 365-105 Waiver of height restrictions. [1]
Fences higher than six feet, privacy fences, in the rear or side yards, may be permitted in a residential district by the Construction Official. However, such a fence will be considered a structure requiring a building permit. For fences required around a swimming pool, see § 398-19 in the Borough of Lindenwold Code.
§ 365-106 Maintenance. [1]
§ 365-107 Notification of defective condition. [1]
If the Construction Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and order such fence or wall or portion of such fence or wall repaired or removed within 30 days of the date of the written notice. Each day that the person fails to obey the order referred to above shall constitute a separate violation of this order.