Chapter 67A Property Maintenance Code

Township Fence Ordinance / Permit Application

ORDINANCE NO.

TOWNSHIP: COUNTY:

AN ORDINANCE TO REGULATE THE INSTALLATION AND MAINTENANCE OF FENCES IN COUNTY, ; TO PROVIDE FOR APPLICATION AND ISSUANCE OF PERMIT, ESTABLISHING GRADE AND OTHER REQUIREMENTS; TO PROVIDE PENALTY FOR VIOLATION AND TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH.

THE TOWNSHIP OF ORDAINS:

SECTION 1. Prohibition and Permit Requirement.

The installation, erection and/or maintenance of a fence is hereby prohibited except in strict compliance with this Ordinance. A permit to be issued by the Township Building Department shall be obtained prior to installation or erection of any fence.

SECTION 2. Definitions.

A. Property Owner - For purposes of this Ordinance it shall mean any person, firm, corporation, association or other legal entity which owns or otherwise has any possessory interest in real property situate in Township which would lawfully entitle them to erect a fence upon such property.

B. Building Department - This shall mean the Township Building Department.

C. Township Board - This shall mean the Township Board.

D. Fence - This shall mean any structure of wood, metal, masonry, plastic, or other synthetic materials designed, used and erected and affixed to the real estate for the purpose of enclosing or separating any portion of the real estate from adjoining land whether or not such fence is located on the boundary line of the property to which it appertains. Provided, however, this shall not include fences erected and used as enclosures wholly within the confines of the property to which it appertains for the purpose of segregating an animal runway, or similar enclosures upon the property. Fence may be located in easement.

SECTION 3. General Requirements for Fence.

No fence shall be installed, erected or maintained except in strict compliance with the following requirements:

A. Metal Fences - shall consist of new materials manufactured and/or treated in a manner to prevent rust and corrosion.

B. Wood Fences - shall be constructed of new materials and painted, stained or preserved in a manner to maintain the fence in good structural condition and with an appearance that is aesthetically compatible with the type of fence it represents.

C. Plastic or other Synthetic Material Fences - where any of these materials are used as a fence, or part thereof, only new such materials shall be used and they shall be treated and maintained in a manner to maintain the fence in good structural condition and with an appearance that is aesthetically compatible with the type of fence it represents.

D. Masonry Fences - except as otherwise provided in any other Township Ordinance requiring such fences or walls, this type of fence shall only be permitted with the written approval of all property owners abutting the sides of the property upon which the fence is to be erected.

E. Barbed Wire or Electrically Charged Fences - these materials and type of fences are expressly prohibited except as may be authorized for protective purposes as follows:

1. Barbed wire may be affixed to the top of any fence used in an industrial or commercial district for protective purposes, when such fence is a minimum of six (6) feet between the ground level and point at which such barbed wire is attached, and

2. The Building Department determines that such barbed wire will not endanger the public health, safety or welfare.

F. Height - no fence shall exceed four and one-half (4 1/2) feet in height, except: 6' maximum

1. Any fence, which is of the type of material and for the purpose of obscuring the property, which it surrounds, may be of a greater height, if in the discretion of the Building Department it determines that such greater height will not endanger the public health, safety or welfare of the Township of and its inhabitants.

2. A fence located in an industrial or commercial zoned district may exceed four and one-half (4 1/2) feet in height when necessary for the purpose for which the fence is erected, and upon a determination by the Building Department that such additional height will not be detrimental to the public health, safety or welfare of the Township of and its inhabitants.

3. Fences surrounding private swimming pools in residential districts may be six (6) feet in height and any fence used for that purpose shall contain a security-type lock to control ingress and egress into the swimming pool area.

G. Privacy Screens - where this type of structure, which is, erected for other than a swimming pool area and not upon the property lines for enclosure of the land, may be erected without a permit under this Ordinance. Provided, however, this type of structure shall be subject to the other requirements of this Ordinance.

H. Maintenance of Fences - all fences shall be maintained in a manner to prevent rust, corrosion and deterioration otherwise so as to not become a public or private nuisance, dilapidated or a danger to adjoining property owners and the public.

I. Existing Fences - any fence existing upon the effective date of this Ordinance may not be enlarged, extended or replaced except in strict compliance with all of the requirements of this Ordinance.

SECTION 4. Issuance of Permit and Requirements Thereof.

The Building Department shall issue a fence permit under the terms of this Ordinance upon written application therefore by the property owner or his authorized agent on forms to be provided by such department. The application for permit shall be accompanied by a general plan showing the location of the proposed fence and a written statement setting forth the type and manner of construction contemplated and materials to be used, along with such permit fee as may be prescribed by Resolution of the Township Board. In addition, the following particular requirements shall apply:

Property Owner Information

Property Owner Name:

Authorized Agent:

Property Address:

Effective Date:

A. Grade - the grade for the bottom line of the fence shall be subject to approval by the Building Department. If that department determines the existing grade and/or present topography of the property is proper, no specific grade or elevation shall be established and the permit will include approval of such existing grade or present topography. In the event that the existing grade or present topography is not proper for the erection of a fence, the Building Department shall require the owner to establish elevation grades by its own engineer or land surveyor and furnish such grades to the Building Department for inclusion as a part of the permit.

B. Corner Lot - no obscuring fence shall be located nearer than ten (10) feet to the right-of-way line on the side street. A chain link or other unobscuring fence may be permitted along the exterior side lot line, provided that said fence is unobscured within the triangular area formed at the point of intersection of the side and rear lot lines. Said triangular area shall not contain obscuring hedges, shrubs, trees or other plantings which exceed a height of eighteen (18) inches.

SECTION 5. Hardship Cases and Appeal.

In cases where the requirements of this ordinance would be a hardship on the property owner, or where the particular circumstances and conditions on the property involved, or where the type of fence contemplated by the general provisions of this Ordinance, would not adequately and reasonably fit the purpose intended by a fence in the location contemplated, the Department of Building may issue a special permit designed to accommodate all reasonable circumstances. Provided, however, no permit in variance of the express terms of this Ordinance shall be issued where the fence would create a hazard to the public health, safety and welfare of the inhabitants of the Township of . In any such case, the Building Department may refer the matter to the Township Board for its determination. If the property owner is aggrieved by the decision of the Building Department, such person may appeal to the Township Board for a waiver of such requirements as the owner deems necessary for his property, and the Township Board shall review the matter and make such decision as it finds necessary and appropriate consistent with the public health, safety and welfare of the Township of .

SECTION 6. Property Owner Agreements.

Any agreements between property owners shall be subject to the provisions of this Ordinance. The Township of shall not be responsible for the enforcement of any such agreement.

SECTION 7. Repeals.

Any Ordinance or provisions thereof in conflict herewith are hereby repealed.

SECTION 8. Penalty.

Any person, firm or corporation, or anyone acting on behalf thereof, who violates any of the provisions of this Ordinance shall, upon conviction, be guilty of a misdemeanor and subject to a fine not to exceed One Hundred ($100.00) Dollars, or to imprisonment in the County Jail for a period not exceeding ninety (90) days, or both, in the discretion of the court.

SECTION 9. Severability.

This Ordinance and each section, sub-section, paragraph, sub-paragraph, part, provision, sentence, word and portion thereof are hereby declared to be severable. If any section, sub-section, paragraph, part, provision, sentence, word and/or portion is adjudged by a court of competent jurisdiction to be invalid or unenforceable for any reason whatsoever, it is hereby provided that the remainder of this Ordinance shall not be affected thereby.

Amendment Section

ORDINANCE NO.

AN ORDINANCE TO AMEND CLINTON TOWNSHIP ORDINANCE NO. REGULATING THE INSTALLATION AND MAINTENANCE OF FENCES IN COUNTY, ; PROVIDING FOR APPLICATION AND ISSUANCE OF PERMIT, ESTABLISHING GRADE AND OTHER REQUIREMENTS; PROVIDING PENALTY FOR VIOLATION AND REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.

THE TOWNSHIP OF ORDAINS:

SECTION 1. Additional requirement to Section of Ordinance No. . Section of Township Ordinance No. is hereby amended to add the following sub-Section .

J. Location in front yard - no fence shall be located in the front yard or nearer to the street or roadway upon which the premises abut than the front building line.

SECTION 2. Incorporation of provisions of Ordinance No. by reference.

Each and every of the provisions of Ordinance No. are hereby adopted by reference thereto as part of this Ordinance the same as though expressly set forth herein.

SECTION 3. Repeals.

Any Ordinance or provisions thereof in conflict herewith are hereby repealed.