All new and existing fences, walls and hedges that are installed,
planted, placed, constructed, erected or maintained shall be installed,
placed, constructed, erected or maintained in accordance with the
requirements of this article.
A.
This article shall not apply to any fence or wall constructed on
a governmental, municipal or public utility facility for public safety
purposes or as a requirement of a state or federal agency.
B.
This article shall not apply to any pet containment fence, unless
the fence is located within a public right-of-way or public property
that the Township owns or has an easement over, under, around or through.
All fences and walls that are constructed with generally accepted
building materials and which comply otherwise with the permit requirements
of this section and the performance standards of this article shall
be permitted in all residential districts, with the exception of fences
and walls constructed with jumbo concrete block, precast or poured
concrete, or of the gabion basket type, none of which shall be permitted
without approval by the Zoning Hearing Board for use as a special
exception in those residential districts.
All legal nonconforming fences and walls in existence prior
to the effective date of this article are permitted to continue, subject
to the following provisions:
A.
No such nonconforming fence or wall may be enlarged or altered in
a way which increases its nonconformity.
B.
Should such nonconforming fence or wall be destroyed by any means
to an extent of more than 50% of its replacement cost at time of destruction,
it shall not be reconstructed except in conformity with the provisions
of this article.
C.
No such nonconforming fence or wall may be structurally altered so
as to change the shape, size, type or design of the fence or wall.
A.
No retaining wall measured from the lowest level of grade to the
top of the wall which is over four feet in height, and no retaining
wall under four feet in height which is supporting a surcharge, shall
be constructed, erected or installed without first obtaining a permit
from the Township.
B.
All retaining walls requiring a permit shall be professionally engineered
and structural calculations for the retaining wall shall be provided
by a licensed Pennsylvania engineer and submitted with the permit
application.
C.
No permit or permit application is required for:
(1)
Retaining walls that are not over four feet (1219 mm) in height
measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge.
(2)
Fences not over six feet (1829 mm) high.
(3)
Repairs to an existing fence or wall with no structural changes.
(4)
The installation of gates up to eight feet in width in an existing
fence or wall with no structural change.
(5)
Planting of continuous hedgerows, living fences or similar landscape
features.
A.
Applications for permits shall be made upon forms provided by the
Building Department.
B.
The following information and materials shall be provided with the
application:
(1)
A current lot survey sealed by a professional engineer or licensed
and registered land surveyor shall be submitted for Township review
and record with each permit application for any lot on which a wall
requiring a permit is to be erected.
(2)
The sealed lot survey shall include the location of all existing
and proposed walls, structures, easements and setback dimensions.
(3)
Structural calculations prepared by a licensed Pennsylvania
engineer shall be submitted with the permit application for all retaining
walls measured from the lowest level of grade to the top of the wall
which are over four feet in height, and all retaining walls under
four feet in height which are supporting a surcharge.
(4)
A fee in such amount as set from time to time by resolution
of the Board of Commissioners shall be paid.
A.
From the effective date of this article, it shall be illegal for
any person to place or allow to be placed any fence, posts, lampposts,
basketball hoops or any other obstruction or structure within 10 feet
of the edge of the paved portion of any public street or highway in
the Township.
B.
Any fence, post, lamppost, mailbox, sign, basketball hoop or wall
located in a public right-of-way or other recorded easement is placed
at the owner's risk and may be ordered removed at any time by the
Township for any reason including for expansion or maintenance of
public services.
C.
All fences, walls and hedges, including but not limited to posts,
foundations and overhang elements, shall be wholly contained on the
applicant's property, and all fences and walls shall comply with the
setback requirements of this article.
D.
All fences, walls and hedges shall not be placed in any manner to
hinder access to an easement.
E.
All fences, walls and hedges shall not be erected in a manner that
obstructs the free flow of surface water within or across the lot
to which it is associated or the adjacent lots.
F.
Where residential uses are abutting or where nonresidential uses
are abutting, fences, retaining walls and enclosure walls do not need
to follow setback requirements in the respective zoning districts,
and fences, retaining walls and enclosure walls may be located at
the property line as set forth in this article.
G.
Where a nonresidential use abuts a residential use, a fence, retaining
wall or enclosure wall on the nonresidential lot shall be set back
a minimum of 10 feet from the residential property line.
H.
Fences or walls over two feet in height which are abutting a public
sidewalk or public right-of-way shall be set back a minimum of two
feet from the public sidewalk or public right-of-way.
A.
Fences.
(1)
Except as provided herein, the maximum height of a fence in
all zoning districts in the Township is six feet in height.
(2)
The maximum height of a fence in a residential district, erected
between the front building line and the front property line, is four
feet in height.
(3)
Where a fence is erected on a retaining wall, the maximum height
of the fence is six feet in height, separate and distinct from the
height of the retaining wall.
(4)
The Code Enforcement Officer may require that any fence be a
lesser height when a higher fence creates a traffic hazard or obstructs
visibility at an intersection.
(5)
The Code Enforcement Officer may authorize fences on certain
properties to exceed the above height limitations for public safety
reasons, including but not limited to fences around tennis courts,
golf driving ranges, utility substations, baseball fields, athletic
fields and public swimming pools, or if a requirement of a state or
federal agency.
B.
Walls.
(1)
Enclosure walls.
(a)
Except as provided herein, the maximum height of an enclosure
wall in a residential district in the Township is six feet in height.
(b)
The maximum height of an enclosure wall in a residential district
erected between the front building line and the front property line
is four feet in height.
(c)
The Code Enforcement Officer may require that an enclosure wall
be a lesser height when a higher enclosure creates a traffic hazard
or obstructs visibility at an intersection.
(d)
The Code Enforcement Officer may authorize enclosure walls on
certain properties to exceed the above height limitations for public
safety reasons, including but not limited to enclosure walls around
tennis courts, golf driving ranges, utility substations, baseball
fields, athletic fields and public swimming pools, or if a requirement
of a state or federal agency.
(2)
Retaining walls.
(a)
The maximum height of a retaining wall in a residential district
in the Township, erected on a property line, is four feet in height.
(b)
The maximum height of a retaining wall in a nonresidential district
abutting a residential district in the Township, erected on a property
line, is four feet in height.
(c)
Retaining walls more than four feet in high shall be set back
as required by those sections relating to setbacks of this article,
unless the abutting property owner's verified signature also appears
on the application form consenting to a higher height on the property
line or unless the applicant is the owner of both abutting lots.
(d)
Retaining walls in residential districts and in nonresidential districts of the Township may be any height, but if and only if the retaining wall complies fully with § 225-110E (relating to setbacks), and if and only if the retaining wall is a professionally engineered retaining wall, designed and sealed by a licensed Pennsylvania engineer to retain the earth on one side at a higher elevation than the earth on the other side in such a way that resists the lateral displacement of soil or other materials in order to stabilize slopes and provide usable areas of land at different elevations and conform to all requirements of the Uniform Construction Code.
(e)
Where a fence is erected on a retaining wall, the maximum height
of the retaining wall is the maximum height for retaining walls as
set forth herein, separate and distinct from the height of the fence.
C.
Hedges. None of the height limits established in this article shall
apply to hedges, including any closely planted trees or vegetation.
However, hedges located in the clear vision area are subject to required
maintenance, including trimming and/or removal. Hedges shall be sufficiently
set back at time of planting so that mature vegetation remains within
private property and does not encroach into the public street right-of-way.
A.
The setbacks and other restrictions specified by this section are
minimal and may be increased by the Township or by the recommendation
of the civil engineer, soils engineer or engineering geologist, if
necessary for safety and stability or to prevent damage of adjacent
properties from deposition or erosion or to provide access for slope
maintenance and drainage.
B.
Where residential uses are abutting or nonresidential uses are abutting,
fences, retaining walls and enclosure walls do not need to follow
setbacks in the respective zoning districts, and fences, retaining
walls and enclosure walls may be located at the property line as set
forth in this article.
C.
Where a nonresidential use abuts a residential use, a fence, retaining
wall or enclosure wall on the nonresidential lot shall be set back
a minimum of 10 feet from the residential property line unless the
abutting residential property owner's verified signature also appears
on the nonresidential lot application form consenting to a higher
height on the property line or unless the applicant is the owner of
both abutting lots.
D.
Fences or walls over two feet in height which are abutting a public
sidewalk or public right-of-way should be set back a minimum of two
feet from the public sidewalk or public right-of-way.
E.
Setbacks for retaining walls (see Exhibit I[1]).
(1)
A retaining wall which is not over four feet in height may be
placed on a property line, provided the retaining wall is not in a
public right-of-way area.
(2)
Retaining walls more than four feet in height shall be set back
as required in this section unless the abutting property owner's verified
signature also appears on the application form consenting to a higher
height on the property line or unless the applicant is the owner of
both abutting lots.
(3)
A retaining wall which is over four feet in height shall be
set back a minimum of five feet from all property lines for each additional
four feet in height over four feet. For example, a retaining wall
or a terraced retaining wall over four feet in height but not over
eight feet in height shall be set back a minimum of five feet from
all property lines, and a retaining wall or a terraced retaining wall
over eight feet in height but less than 12 feet in height shall be
set back a minimum of 10 feet from all property lines.
(4)
Terraced retaining walls. The height of a terraced retaining
wall is cumulative and is equal to the combined height of each wall.
There shall be a minimum of five feet between the exposed faces of
each wall.
(5)
Where the difference in elevation to be retained is more than
eight feet, the retaining wall shall be stepped back in segments of
approximately equal height.
(6)
A variance to the requirements of this section may be granted
by the Zoning Hearing Board when a proposed retaining wall is necessary
to insure the normal use of the property, i.e., for a sideline driveway.
(7)
The maximum setback required for an engineered retaining wall
of any height is 10 feet from all property lines.
(8)
The maximum height of any retaining wall shall be determined
in accordance with the attached Exhibit A which illustrates how maximum
height is to be measured.[2]
[2]
Editor's Note: Exhibit A is located in "Street and Building
Details" attached to this chapter.
[1]
Editor's Note: Exhibit I, Retaining Wall Layout, is attached
to this chapter.
A.
All walls shall comply with all requirements of the Uniform Construction
Code.
B.
All fences and walls shall be constructed and located in strict compliance
with all Township grading and stormwater standards and shall not cause
additional runoff from the property on which they are sited.
C.
Decorative/finished side of fences and walls:
(1)
Fences that have one finished or decorative side shall be oriented
with the finished or decorative side facing outward toward adjacent
parcels and away from the interior of the lot to which the fence is
associated.
(2)
Masonry enclosure walls shall be finished in a similar manner
on all sides.
(3)
Except where provided as a special exception, where retaining
walls or high foundation walls are required and would be visible from
a public right-of-way or residentially zoned property, the following
shall apply to retaining walls more than four feet in height:
(a)
The retaining wall shall be constructed of or faced with brick,
stone, split-face or fluted concrete block, textured poured-in-place
concrete, or other materials with texture to reduce the apparent mass
of the wall; or
(b)
In order to soften the appearance of the wall, hanging and/or
climbing vegetation shall be planted on the retaining wall.
The owner of a property where a fence or wall is located is
responsible for maintenance of both sides of the fence or enclosure
wall.
A fence or wall permit applicant shall make all construction
or work for which a permit is required accessible and exposed for
inspection until approved by the Code Enforcement Officer. Approval
as a result of an inspection is not an approval of a violation of
the provisions of this article. Inspections presuming to give authority
to violate the provisions of this article are not valid. The permit
applicant shall ensure the work remains accessible and exposed for
inspection purposes. Neither the Code Enforcement Officer nor the
Township is liable for expense entailed in removing or replacing of
any material to allow inspection.
