[Amended 5-29-1973 by Ord. No. 1973-3; 4-26-1983 by Ord. No. 1983-6; 11-26-1985 by Ord. No. 1985-17; 8-27-1996 by Ord. No. 1996-05; 11-10-2008 by Ord. No. 2008-23]
A. 
Required landscaping shall be in compliance with the following ordinances in addition to this section:
(1) 
Chapter 499, Article I, Shade Trees.
(2) 
Article III, Major Subdivision Procedure, § 460-15A(13), Revegetation plans.
(3) 
Article V, Site Plan Approval, § 460-37A(16), Revegetation plans.
(4) 
Article VII, Design Standards, § 460-72, Street shade trees; existing trees.
(5) 
Article VII, Design Standards, § 460-73, Buffers.
B. 
Landscape requirements; yards.
(1) 
Native species of landscaping shall be used to the maximum extent possible. The following minimum planting sizes shall be required:
(a) 
Evergreen trees. The minimum height at the time of planting shall be six feet to seven feet, except, when used in a landscape buffer between residential and nonresidential uses, the minimum planting height shall be eight feet.
(b) 
Evergreen and deciduous shrubs in landscape buffers. The minimum height at the time of planting shall be three feet to four feet.
(c) 
Evergreen and deciduous shrubs not in landscape buffers. The minimum height at the time of planting shall be two feet to three feet.
(d) 
Ornamental trees. The minimum height at the time of planting shall be eight feet to nine feet.
(e) 
Deciduous trees and street trees. The minimum size shall be 2 1/2 inches to three inches in caliper measured six inches above grade at time of planting. Multistemmed deciduous trees may be used in buffer areas only and must be a minimum height eight feet to 10 feet at the time of planting.
(2) 
Street trees. Street trees shall be planted along the entire length of the street frontage(s) of the property, all in accordance with an approved landscape plan. A minimum of one tree for every 50 linear feet of street frontage(s) shall be required. Trees shall be planted at regular intervals, but the spacing may be adjusted due to the location of utility poles and/or driveways as approved by the municipal agency's engineer. The street trees shall be planted within the right-of-way on Township roads and behind the ROW line on county roads and state highways. If a street tree cannot be placed at the fifty-foot spacing due to site limitations, the equivalent number of street trees is still required to be planted on the site.
(3) 
Front yard. A landscaped planting area of 25 feet in depth shall be provided along the street line. The planting area shall be landscaped in an informal manner, utilizing a mix of evergreen and deciduous plant material. The plant material should include evergreen and ornamental trees, as well as a variety of shrubs and ground covers that provide a variety of height, color and texture. The use of berms is encouraged for added visual interest. Parking may be provided between the required landscape area and the building line. Pedestrian/bicycle paths may be placed within the landscape area and through the buffer if so permitted by the approving authority.
(4) 
Side and rear yards. Along each side property line, a landscape area of at least 15 feet in width or 5% of the average lot width, whichever is larger, up to a maximum of 25 feet shall be provided. Along each rear property line, a landscaped buffer of at least 20 feet in depth shall be provided.
(5) 
Landscape buffers shall be required between nonresidential and residential uses and/or districts. A landscape buffer shall consist of a strip of land 50 feet wide along the edge of the district boundary or residential use. There shall be located within the 25 feet of said strip closest to the district line or residential use natural or planted trees and shrubbery in sufficient quantity to adequately buffer the nonresidential use.
(6) 
All land not covered with buildings, parking or other impervious surfaces shall be landscaped with suitable materials for landscape purposes.
(7) 
Stormwater management basins shall not be permitted between any required landscape area and the street line.
C. 
Landscaping buffer requirements and design.
(1) 
Landscaping consisting of attractive trees, shrubs, plants and grass lawn shall be required and planned in accordance with the site and subdivision plans. Buffer planting as defined in this chapter shall be provided along the side and rear property line of all nonresidential zones or uses so as to provide protection to adjacent properties where such lot lines abut residential zones or uses. In addition, buffer plantings shall be provided along the property lines of all residential projects where such projects are adjacent to residential or nonresidential zones, schools, county roads and historical sites. Such buffers shall be on the residential property and shall be in addition to the buffers required in nonresidential zones. Required buffer widths abutting zoning or land use is included in the schedule for "Required Buffer Width (in feet) Abutting Zoning or Land Use" at the end of this chapter.
(2) 
Landscape buffers shall consist of a combination of deciduous trees, coniferous and evergreen trees, evergreen and deciduous shrubs, and, if the municipal agency deems appropriate, berms, fences or walls in sufficient quantities and sizes designed to continuously limit the view of and/or sound from the site to adjacent sites or properties.
(3) 
Landscape buffers shall be continuous, except for access drives as approved by the municipal agency.
(4) 
Landscape material shall be arranged in an informal manner that avoids a hedge-like appearance. Evergreen trees shall be staggered and supplemented with shrubs and ornamental trees in order to achieve effective screening and visual interest.
(5) 
Landscape buffers shall be densely planted, but the planting shall not constitute a monoculture. Plant material shall be a combination of deciduous and evergreen trees and shrubs in the following proportions:
(a) 
Evergreen trees: 40%.
(b) 
Evergreen shrubs: 30%.
(c) 
Deciduous trees: 10%.
(d) 
Deciduous shrubs: 20%.
(6) 
Plant variety. A minimum of two different genera of plants shall be incorporated for each plant type, e.g., evergreen trees, deciduous trees, evergreen and deciduous shrubs.
(7) 
Stormwater management facilities, parking, dumpster enclosures, accessory buildings or other aboveground structures and similar encroachments shall not be permitted in the required buffer area.
(8) 
Existing vegetation may be considered by the municipal agency as an alternative to the installation of a landscape buffer.
(9) 
Off-street parking areas with 20 or more parking spaces shall be provided with shade trees of a type approved by the Township Engineer. The minimum size shade tree shall be 2 1/2 inches to three inches in caliper at time of planting. The shade trees shall be planted in a planned manner within the parking lot area in a quantity equal to not less than one shade tree for every 10 parking spaces. The minimum width of planting islands shall be nine feet.
(10) 
Absent existing natural vegetation, for each 25 feet of required buffer width or part thereof, there shall be planted two staggered rows of major evergreen material and one row of minor material. The major species shall be a minimum of six feet to eight feet in planting height; the minor species shall be a minimum of two feet to four feet in planting height. These shall be planted at on-center distances adequate to provide 75% screening within three years when viewed at six feet, plus or minus height. For a buffer width of 75 feet or more, deciduous trees and fencing may substitute, as approved by the reviewing board.
D. 
Parking lot landscaping, buffering and screening.
(1) 
Lots for apartment and nonresidential uses shall balance the functional requirements of parking with the provision of pedestrian amenities. Transition areas between parking and civic, commercial, or residential uses shall be designed with textured paving, landscaping, and street furniture approved by the Land Use Planning Board.
(2) 
Parking lot layout, landscaping, buffering, and screening shall be provided to minimize direct views of parked vehicles from streets and sidewalks, avoid spillover light, glare, noise, or exhaust fumes onto adjacent properties, in particular residential properties, and provide the parking area with a reasonable measure of shade when trees reach maturity. In order to achieve these objectives, parking lots exposed to the public view shall be surrounded by a minimum of a three-foot-high, year-round visually impervious screen, hedge, or wall. However, where these buffers are used to screen driveways or approach sidewalks or walkways, the walls will be located in a manner to provide adequate visibility of pedestrians from motor vehicles and shall not interfere with clear sight triangle requirements.
(3) 
The interior of all parking lots shall be landscaped to provide shade and visual relief. This is best achieved by protected planting islands or peninsulas within the perimeter of the parking lot. Parking lots with 10 or less spaces may not require interior landscaping if the approving authority determines that there is adequate perimeter landscaping. In parking lots with 11 or more spaces, a maximum of one deciduous shade tree shall be required to be planted in the parking lot for every five parking spaces. A one-hundred-square-foot planting area, or equivalent planter, is required per tree. Choice of plant materials, buffer width, type of screening, location, and frequency of tree planting shall be flexible, provided these objectives are designed to the satisfaction of the Land Use Planning Board.
(4) 
Parking lot layout shall take into consideration pedestrian circulation. Pedestrian crosswalks shall be provided, where necessary and appropriate, shall be distinguished by textured paving, and shall be integrated into the wider network of pedestrian walkways. Pavement textures shall be required on pedestrian accessways and strongly encouraged elsewhere in the parking lot as surfacing materials or when used as accents and as approved by the Land Use Planning Board.
[Amended 5-26-1969 by Ord. No. 1969-5]
A. 
Before a fence shall be erected, a fence permit shall be obtained from the Zoning Officer, and the zoning permit fee set forth in § 540-70C shall be paid. No other permit under this chapter or any other ordinance shall be required. These provisions shall also apply to fences to be erected in "undedicated buffer areas," which are defined as "the portions of individual residential lots that were designated for the purpose of controlling access to streets or reserving the areas for public use." Undedicated buffer areas shall pertain to the following nomenclature that may appear on final subdivision plats, Eastampton Township Tax Maps, and property surveys of individual lots: a "reverse frontage buffer area," a "buffer area," a "buffer easement," or a similar term. Undedicated buffer areas shall apply to the block and lot numbers of parcels of land indicated on the attached schedule.
[Amended 11-28-2011 by Ord. No. 2011-13; 9-25-2023 by Ord. No. 2023-12]
B. 
Fences accessory to farm operations in the R-A District are exempt from the requirement of a permit or a fee and shall not be governed by any restrictions in this chapter as to construction or material.
[Amended 10-27-1987 by Ord. No. 1987-22; 11-22-1988 by Ord. No. 1988-14; 12-27-1989 by Ord. No. 1989-12]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BOARDS
Lumber that is up to one inch in nominal thickness and two inches or wider in nominal width.
COVER MATERIAL
The face or fill material attached to a fence structural frame.
PICKETS
Narrow wood members that are sawn, split, sliced, milled, natural round or half round and are approximately two to four inches in face or coverage width.
POSTS
The vertical structural support members of the fence frame.
RAILS
The horizontal structural support members of the fence frame.
SLATS or WEAVE BOARDS
The horizontal or vertical members used in basket-weave-type fences, normally 3/8 to 3/4 inch thick and three inches or wider in nominal width.
B. 
Standard fence types.
[Amended 10-27-2008 by Ord. No. 2008-03]
(1) 
Fences shall be constructed in the following types of materials and construction: wood vinyl, iron, metal, composite fences or aluminum. Chain-link fencing is prohibited except where specifically allowed as indicated in §§ 460-66, 460-67, 460-68 and 460-69.
(2) 
Highway-style guardrail or contemporary security fencing such as chain-link, barbed or razor wire are prohibited.
C. 
General conditions.
(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 § 540-79C.
[Amended 11-28-2011 by Ord. No. 2011-13]
(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.
[Amended 9-25-2023 by Ord. No. 2023-12]
(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.
[Amended 9-25-2023 by Ord. No. 2023-12]
(6) 
All fences shall be measured at right angles to ground level.
D. 
Conditions for Town Center District (TCD) and residential and retail sales properties fronting Woodlane and Monmouth Roads.
[Added 5-12-2003 by Ord. No. 2003-05; amended 11-10-2008 by Ord. No. 2008-14]
(1) 
Walls and fences shall be architecturally compatible with the style, materials and colors of the principal building on the same lot. Front yards may have the following treatments: brick walls with a stone or cast-stone cap, wood picket fences and decorative metal or cast-iron fences.
(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) 
Hedges may be used instead of fences.
(7) 
Freestanding stone walls are permitted only with a civic, institutional or commercial building. Highway-style guardrail, stockade or contemporary security fencing such as chain-link, barbed or razor wire are prohibited.
(8) 
Side and rear yards may be defined by a masonry wall, wooden fence, trellis or lattice, vegetative hedge, garage and/or outbuilding walls, 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 be built of the fence material.
(11) 
Walls shall be built of brick to match the principal building.
(12) 
Gates in walls may be of wood, steel or wrought iron.
E. 
Conditions for residential and other nonindustrial uses.
(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. 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:
[Amended 9-25-1990 by Ord. No. 1990-20; 11-18-1991 by Ord. No. 1991-14; 10-27-2008 by Ord. No. 2008-03; 9-25-2023 by Ord. No. 2023-12]
(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 curb line 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 curb line 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 curb line of the street. In no case shall the fence be closer than two feet from street right-of-way line.
(2) 
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 required front yard fences shall not be constructed of materials that would block the view of vehicular traffic at the intersection. A required 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.
[Amended 10-27-2008 by Ord. No. 2008-03; 9-25-2023 by Ord. No. 2023-12]
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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 § 540-56E(1).
[Amended 9-25-1990 by Ord. No. 1990-20; 9-25-2023 by Ord. No. 2023-12]
(7) 
Fences as used in this section shall not include the plantings and shrubbery.
(8) 
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.
(9) 
On all townhouse properties, fences shall be compatible with the architectural style of the townhouse building.
(10) 
Fences shall be uniform with respect to a singular building, but each building may have a different style of fence.
(11) 
The provisions of this chapter shall not be applied so as to restrict erection of a wall for the purpose of retaining earth.
(12) 
On all wooden fences, the finished side of the fence shall face the outer side of the property.
(13) 
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 privacy fence, the type and quality to be the same for all the contiguous properties along the buffer area.
[Added 11-18-1991 by Ord. No. 1991-14]
F. 
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.
(1) 
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.
(2) 
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.
(3) 
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.
[Amended 6-26-1990 by Ord. No. 1990-11; 11-18-1991 by Ord. No. 1991-14]
(4) 
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.
(5) 
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.
(6) 
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. 
Conditions for industrial uses.
(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 shall not be more than eight feet in height.
(3) 
Fences higher than three feet are not permitted in front yards of industrial buildings. Corner properties are considered to have front yards on both streets.
(4) 
Industrial 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.
H. 
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.