[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 3-18-2008 by Ord. No.
384. Amendments noted where applicable.]
All Zoning Ordinances or parts of such ordinances inconsistent
herewith are hereby repealed.
If a court of competent jurisdiction declares any provision
of this chapter unconstitutional or invalid, that decision shall only
effect the provision declared to be unconstitutional or invalid. The
decision shall not affect the validity of the entire chapter.
No fence or wall, except a retaining wall or a wall of a building
permitted in the Borough of Pine Grove, over six feet in height, shall
be erected within any of the required yards.
On any lot, no wall, fence, or other structure shall be erected
or maintained, and no hedge tree, shrub or other growth, shall be
maintained which may cause danger to traffic on a street by obscuring
the view.
Fences or walls which define property boundary lines, serve
as a required continuous visual buffer, or enclose swimming pools
shall be erected within the boundary lines of the fence or wall owner's
property.
Every swimming pool presently existing or hereafter constructed
that is designated to contain more than 36 inches of water shall be
completely enclosed by a fence having a height of not less than four
feet and no more than six feet and shall be equipped with a self-locking
or latching gate to control access by unauthorized persons and to
protect children and stray animals. Permanent structures, such as
a side of a building, may be considered as part of the fence so long
as approved by the Code Enforcement Officer.
Fences shall not be electrical and/or barb-wired.
Swimming pools designed to hold less than 36 inches of water
do not require a fence, but if said swimming pool contains stairs
or a ladder, said stairs or ladder must be removable.
All fences shall be secured in the ground properly, be resistant
to collapse, shall be constructed with good quality materials such
as, but not limited to, vinyl, wood and chain link, and shall be maintained
in a good, safe condition.
If it appears to the Borough that a violation of any provision
of this chapter has occurred, the Borough shall initiate enforcement
proceedings by sending an enforcement notice to the owner of record
of the parcel on which the violation has occurred, to any person who
has filed a written request to receive enforcement notices regarding
that parcel, and to any other person requested in writing by the owner
of record. The enforcement notice shall state the following:
A.
The name of the owner of record and any other person against whom
the Borough intends to act.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which
have not been made, citing in each instance the applicable provision
of this chapter.
D.
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
E.
That the recipient of the notice has a right to appeal to Borough
Council within 10 days from the date of the notice.
F.
That failure to comply with the notice within the time specified,
unless extended by appeal to Borough Council, constitutes a violation,
with possible sanctions clearly described.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provision of this chapter shall,
upon being found liable therefore in a criminal enforcement proceeding
commenced by the Borough, pay a fine of not more than $600 plus all
court costs. Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge determines
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
the chapter to have believed that there was not such violation, in
which event there shall be deemed to have been only one such violation
until the fifth day following the date of determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
