[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Providence7-17-2003 by Ord. No. 488 ; amended in its entirety 1-16-2020 by Ord. No. 662. Subsequent amendments noted where applicable.]
A.
A fence permit shall be required whenever a fence or wall is constructed,
erected, installed, replaced or altered within the Township. The construction,
erection, installation, replacement, and/or alteration of all fences
and walls shall be in compliance with all Township codes and ordinances
and the following, whichever being the more stringent:
B.
No fence, buried cable electronic pet control device, or wall to
shall be constructed, erected, or installed within a street right-of-way,
floodway, floodway fringe, utility easement, or drainage easement.
A waiver may be granted for this subsection by the Lower Providence
Township Board of Supervisors if the property owner agrees, as set
forth by the Board of Supervisors, to:
(1)
Be responsible for all legal costs incurred by the creation, approval,
and recording of an easement agreement between the property owner
and Township to be recorded with Montgomery County Recorder of Deeds
Office;
(2)
Replace the fence, buried cable electronic pet control device, or
wall at his/her own cost if removal is desired by the Township or
any other utility company for any reason and at any time; and
(3)
Perform any and all stormwater management work, including grading
and the construction and installation of stormwater facilities, to
prevent the blockage or the diversion of stormwater runoff.
C.
No fence or wall shall block or interfere with the clear sight triangle
for the intersection of any public or private roads.
D.
Fences in the front yard, as defined and required under Chapter 143, Zoning, of the Code of the Township of Lower Providence, shall not exceed a maximum height of five feet; shall not obstruct vision at driveway or adjacent street; and shall be an open metal, vinyl, or wooden split-rail fence composed of openings of no less than four inches. Walls in such a front yard shall not exceed a maximum height of 30 inches above grade on both sides of the wall. Chain link fences are prohibited within all front yards, except in nonresidential zoning districts when specifically approved by the Lower Providence Township Board of Supervisors. Fences in the rear yard or side yards, as defined and required under Chapter 143, Zoning, of the Code of the Township of Lower Providence shall not exceed a maximum height of eight feet. Walls in such a side or rear yard shall not exceed a maximum height of six feet.
E.
Fences and walls shall be constructed, erected, and installed so
as to place the structural members toward the property being enclosed
by the fence or wall and so the front or "good side" of the structure
faces outward from the lot, thereby presenting the best appearance
toward adjacent properties.
F.
The use of razor wire, barbed wire, or glass shards is prohibited
in conjunction with any residential use and can only be used in conjunction
with a nonresidential use with the prior approval of the Board of
Supervisors, where such use is necessary for safety and security reasons.
G.
When an existing fence or wall, not in conformance with this chapter,
is removed and replaced, a permit shall be required, and the fence
or wall shall be brought into full compliance with all provisions
of this chapter. Normal maintenance or removal (not replacement) of
a fence or wall shall not require the issuance of a permit.
H.
Any fence or wall which, in the judgment of the Township Zoning Officer,
is dilapidated; unsafe; dangerous; or a threat to the health, safety,
and welfare of the residents of Lower Providence Township, shall be
brought into compliance with all the provisions of this chapter.
A.
Fences and walls used for agricultural and recreational purposes
to contain livestock and/or protect crops shall be exempt from the
requirements of this chapter, provided that these fences and walls
do not hinder visibility or pose a threat to the public health, safety,
or welfare. In no case shall such fences exceed 10 feet in height
or such walls exceed six feet in height.
B.
Fences and walls of an historic nature, and accessory to an officially
designated historic structure, shall be exempt from the provisions
of this chapter, so long as they are properly maintained.
C.
Buried cable electronic pet control devices shall be exempt from
the provisions of this chapter, provided that they do not pose a threat
to the public health, safety, or welfare; are not installed within
the right-of-way of any street; and are not installed closer than
three feet to any property line.
From time to time, the Board of Supervisors of Lower Providence
Township may adopt, by resolution, a fee schedule for the issuance
of a fence permit under the requirements of this chapter.
In addition to any other remedy available under law or in equity,
any person, corporation, or entity convicted of a violation of this
chapter shall be subject to a fine in an amount not to exceed $500
per day per violation, together with costs of prosecution. Each day
a violation continues shall constitute a separate offense. Enforcement
of this chapter shall be brought by the filing of a citation with
a magisterial district judge in the same manner provided for enforcement
of summary offenses. Nothing in this section shall prohibit the Township
from enforcing the provisions of this chapter by any other remedy
available at law or in equity. The remedies provided herein shall
be cumulative and concurrent and shall be in addition to any other
remedies available to the Township at law or in equity.
