As used in this section, the following terms shall have the meanings indicated:

It shall be unlawful to construct, reconstruct, enlarge or alter any fence unless and until a permit for such purpose has first been secured from the Construction Code Official and approval has been obtained from the Zoning Officer of the Borough.

A permit may be granted, provided that the provisions of this chapter are complied with and provided that the property owner submits a final survey of his property showing the proposed location of the fence and a description of the type of fence to be erected.

A permit fee shall be paid to the Borough of Riverton by the permit applicant, which fee shall be calculated in accordance with the construction fee schedule[1] set forth in the Borough of Riverton.

Fences and/or shrubbery shall not be constructed or permitted at or near an intersection of two or more streets which would obstruct the view of motorists traveling on either intersecting street regardless of the regulations contained in this chapter and the Code of the Borough of Riverton.

All fences and/or shrubbery must be erected within property lines. No fence and/or shrubbery shall be erected so as to encroach on a public right-of-way.

Fences (except for corner properties or through lots) shall not be erected, installed, placed or permitted beyond the front foundation line of the main house structure or beyond the front setback, as defined in the Code of the Borough of Riverton, whichever gives the greatest setback.

Fences for rear yards of corner properties are permitted at the property line shared with a neighboring property, from the front set back to the rear property line. Fences shall not project beyond the side building line of the property main structure, on the street side of the corner property.

Fences for through lots shall be permitted within the required front yard of the end of the lot that is functionally used as the rear yard of the lot. Prior to the issuance of a zoning permit for a fence in this location, the design, location, color and material of the proposed fence must be approved by the Historic Preservation Commission.[1]

Fences may be erected, altered or reconstructed to a height not to exceed six feet above ground level.

The foregoing regulations shall not be applied as to prevent the erection of an open-wire fence anywhere within a public park, public playground or school premises. Open-wire fences not exceeding eight feet may be erected around a utility operation or in the rear or side of a business or industrial zone.

Any fence lawfully in existence on the effective date of the adoption date of this chapter may continue in existence without compliance with the provisions of this section, except that the fence shall be kept painted, where applicable, and in good repair. However, if any fence or portion thereof, is destroyed or removed, it shall not be replaced except in compliance with the provisions of this chapter. For purposes of this section the act of removing and replacing pieces of fence with materials of like kind and quality in the same location shall not constitute destruction and removal of a fence, provided that such action is completed within 90 days. In the event that all pieces of a fence are replaced, such fence must comply with the current height restrictions.

Any fence that has received approval from the Borough for recreational purposes or in order to provide proper security of Borough property shall be exempt from these regulations.

Any fence approved and erected by the Board of Education shall be exempt from these regulations.

These regulations shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth if it poses a danger to the public safety.