Borough of Eddystone, PA Chapter 135 Fences and Walls

[HISTORY: Adopted by the Borough Council of the Borough of Eddystone 3-21-1983 by Ord. No. 481, approved 3-21-1983. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 85.

Fencing of excavations — See Ch. 124.

Zoning — See Ch. 295.

§ 135-1 Permitted locations and height in residential districts.

[Amended 9-8-1986 by Ord. No. 505, approved 9-8-1986]

Fences, walls or vegetative screens may be erected or maintained in front of, on the side of or in the rear of any premises situated in any areas which are zoned R-1 Single-Family District, R-2 Single-Family and Twin District and R-1 Single-Family, Twin and Townhouse District, up to a height of 48 inches.

§ 135-2 Permitted locations and height in other districts.

Fences, walls and vegetative screens may be erected and maintained in front of, on the side of or in the rear of any premises situated in areas zoned PUD Planned Unit Development, NB Neighborhood Business District, GB General Business District, LI Light Industry District, HI Heavy Industrial District and Institutional Development District, up to a height of 10 feet.

§ 135-3 Special exception approval.

A. No fence, wall or vegetative screen in excess of 42 inches shall be erected or maintained on any premises mentioned in § 135-1 above unless the same is approved by special exception by the Zoning Hearing Board.

B. No fence, wall or vegetative screen in excess of 10 feet shall be erected or maintained on any premises mentioned in § 135-2 above unless the same is approved by special exception by the Zoning Hearing Board.

C. In determining whether to grant a special exception, the Zoning Hearing Board shall consider, inter alia, the following factors:

(1) Location of the property.

(2) Appearance of the property.

(3) Appearance of adjoining and adjacent properties.

(4) Traffic, both vehicular and pedestrian.

(5) Type of materials to be used by the applicant in erecting the fence, wall or vegetative screen.

(6) Light and visibility.

(7) Ability of emergency vehicles to enter and exit the property.

§ 135-4 Approval of adjoining landowner required.

No fence, wall or vegetative screen shall be erected or maintained within two feet of any property boundary line or lines unless the applicant appends to his application for a fence permit the written approval of the adjoining landowner abutting the property line or lines in question. Said written approval shall state that the adjoining landowner or landowners agree to the erection of a fence, wall or vegetative screen within the two-foot setback and shall be signed by both the applicant and the adjoining landowners in question.

§ 135-5 Approval of materials; criteria.

The materials used in the erection of any fence, wall or vegetative screen shall first be approved by the Building Inspector. In determining whether or not to approve the materials requested to be used by the applicant, the Building Inspector shall consider the factors, including but not limited to:

A. Appearance of the property for which the fence is requested.

B. Appearance of the property if the materials requested were to be used.

C. Appearance of the neighborhood.

D. Appearance of the neighborhood if the materials requested were to be used.

E. Traffic, either pedestrian or vehicular.

F. Light and visibility.

G. Ability of emergency vehicles or personnel to gain entrance or exit from said property.

§ 135-6 Permit required; application and fee.

A. No fence, wall or vegetative screen shall be erected or maintained in the Borough of Eddystone, Delaware County, Pennsylvania, without first an application being forwarded to the Building Inspector and a permit issued thereunder.

B. A fee of $20 shall accompany any such application.

[Amended 12-10-1990 by Ord. No. 546, approved 12-10-1990]

C. The application shall contain the following information:

(1) The name of the applicant and the owner of the subject premises.

(2) Material to be used.

(3) Height.

(4) Location with regard to the property line or lines in question.

(5) The zoning classification of the subject premises.

(6) Area to be fenced with regard to side and rear yards and area in front of the front building line where erection and maintenance is permitted by special exception in accordance with § 135-3A and B.

§ 135-7 Enforcement; violations and penalties.

A. The Building Inspector for the Borough of Eddystone shall be the officer of the Borough whose responsibility it shall be to enforce this chapter. In the event that any person shall violate any provision of this chapter, it shall be the responsibility of the Building Inspector to issue a citation and to act as prosecutor in all cases involving a violation of this chapter.

B. In the event that any applicant shall desire to erect a fence, wall or vegetative screen and shall use materials or maintain the same in any manner not consistent with this chapter, the Building Inspector is hereby directed to forward said application for consideration by the Borough Council at its regular meeting. The Borough Council will respond within 90 days of the date the Building Inspector forwards said application to it.

C. Any person who shall be convicted of a violation of any of the provisions of this chapter before any District Justice shall be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default thereof, to imprisonment in the county jail for a term not to exceed 30 days.

[Amended 1-9-1989 by Ord. No. 524, approved 1-9-1989]