[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 12-15-2008 by Ord. No. 13-2008. Amendments noted
where applicable.]
A.
No fences shall be erected within the Borough without the owner of
the premises or his or her representative making application for a
zoning permit for same.
B.
Application for such fences shall be made, in writing, to the Zoning
Administrative Officer, and shall set forth the following information:[1]
(1)
The owner and address of the premises where the fence is to be erected;
(2)
A description and specifications of the fence, including size, height,
dimensions, material and size and percentage of openings. Height is
restricted to a maximum of four feet in front of property and six
feet in back of property;
(3)
A sketch or plan of the fence;
(4)
If deemed necessary by the Zoning Administrative Officer, a certified
plot plan or survey of the premises in question shall be submitted
which shall show abutting streets and the nearest intersection, and
shall approximately indicate the location of structures within 10
feet of the fence. The Zoning Administrative Officer shall have the
right to refer review to the Planning/Zoning Board.
D.
Any existing deed restrictions are not to be superseded by this section.
E.
Fences accessory to farm operations are exempt from the requirements
of this chapter with respect to permit, fee, construction or materials.
This exemption shall not extend to that percentage of farm property
set aside for residential purposes, as determined by the Planning/Zoning
Board.[3]
F.
These fence regulations shall not apply to the erection of an open
wire fence within a publicly owned park, playground or school premises
if the need for such a fence for such use as athletic fields is demonstrated
to and approved by the Zoning Administrative Officer.
Fences on residential lots may be erected as hereinafter set
forth:
A.
Fences shall be no closer than one foot to the Borough road, street
or right-of-way.
B.
Fences not exceeding 36 inches in height above ground level may be
erected between the Borough road, street or right-of-way and the building
line.
C.
A private residential swimming pool area must be surrounded by a
fence at least four feet, but no more than six feet in height with
self latch and close gate.
D.
A tennis court area may be surrounded by a fence a maximum of 15
feet in height; such fence shall be set back from any lot line the
distance required for accessory buildings in the zoning district.
E.
Front fences on corner properties shall not be constructed of materials
that would not block the view of vehicular traffic at the intersection
and shall comply with the requirements of the site-triangle easement
of § 162-4. Maximum height is four feet.
F.
Fences must 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 Zoning Administrative
Officer or Construction Code Official.[1]
G.
All fences must be erected within the property limits, and no fence
shall be erected so as to encroach upon a public right-of-way.
H.
All permitted fences shall be situated on a lot in such a manner
that the finished side of the fence shall face adjacent properties.
No fence shall be erected of any material (no barbed wire, razor wire,
electric, spikes, etc.) or in any manner which may be dangerous to
persons or animals, except that these provisions shall not apply to
farms, provided the fences are set back from any street line at least
10 feet, and except further that requirements of state or federal
regulations shall prevail.
I.
A dog run area may have fencing a maximum of six feet in height,
provided such area is located in rear yard areas only and is set back
from any lot line at least 10 feet.
A.
Sight-triangle easements shall be required at intersections, in addition
to the specified right-of-way widths, in which no grading, planting
or structure shall be erected or maintained more than 24 inches above
the street center line, except for street signs, fire hydrants and
light standards. The sight triangle is defined as that area outside
of the street right-of-way which is bounded by the intersecting street
lines and the straight line connecting sight points, one each located
on the two intersecting street center lines:
B.
Where the intersecting streets are both arterials, both collectors or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the sight point noted above with a sight point 90 feet on the intersecting street. Such easement dedication shall be expressed on the plat or plan as follows: "Sight-triangle easement deeded for purposes provided for and expressed in Chapter 200, Land Use Procedures, of the Code of the Borough of Swedesboro."
