The Fence Rule and Regulation was introduced at the November 2021 HOA meeting, but was not acted on at that time. The Board convened a committee to study the Fence Rules and they have drafted the amendment below. Due to a technicality in the Roberts Rules of Order, the Fence Rule and Regulation cannot be re-introduced unless a homeowner moves to place it back on the agenda at the August 8, 2022 Homeowners’ meeting. If you have an interest in this topic, please review this amendment and plan to attend the Homeowner Meeting on August 8, 2022.
This is the language regarding fences that was proposed in November, 2021:
Sec. 7. No fences of any kind are permitted on a Homeowner’s lot and no fenced in dog runs are permitted. Notwithstanding the above, if approved in writing by the Architectural Control Committee, prior to installation, the following will be permitted:
(1) (a) Fences contiguous (attached) to rear yard decks or patios, are not to exceed four (4) feet in height,
(b) are constructed of wood, vinyl or wrought iron, and
(c) are approved by the appropriate Berkeley Township Departments, and
(2) Annually, from May 1st to November 1st, temporary fences, that do not exceed four (4) feet in height, and are located in the rear yard around plant and garden areas only. The temporary fences shall not extend beyond the sides of the house and must be located at least three (3) feet from the rear property line. The temporary fence and any garden debris must be removed by November 1st. No compost piles are permitted.
AMENDMENT TO PROPOSED FENCE RULE AND REGULATION
Section 7:
FENCING
There are two types of fencing allowed to be installed on a homeowner’s property. They are defined by Permanent or Temporary/Garden Fencing.
PERMANENT: Fences that are attached to a rear of a house, installed in the ground and encased in concrete or structural foam are defined as Permanent. The homeowner must have approval issued by the ARCHITECTURAL CONTROL COMMITTEE before installation can be performed. The homeowner must supply the necessary documentation, plans to the committee before approval.
Permanent Fence installations will require the homeowner/contractor to obtain permits from Berkeley Twp. Homeowner must supply copies of issued permits and inspections to the Architectural Control Committee.
Fences are not to exceed 72” high (6 feet tall).
Fences shall be of a neutral color.
All Permanent Fences must be installed professionally and meet current construction codes.
Fences shall not exceed the footprint of the rear of the house and must be a minimum 3 feet from the property line and contain at least one gate as to provide emergency egress.
All Permanent Fences must be kept in good condition and repaired as needed.
Fencing required for pools and hot tubs are specialized and are to be installed to the current requirements of Berkeley Township and SRPW and are part of the Berkeley Township Zoning and Construction permitting process.
GARBAGE CAN PRIVACY SCREEN
A homeowner may install a privacy screen for the purpose of concealing the homeowner’s garbage cans. Screen can be either no dig or permanently mounted on the non-street facing side of the house. Screen to be 36” W x 48”H and should not exceed 72” in length. Fence may be made of PVC or metal. This screen can be left up all year long.
PROHIBITED FENCING: Chain Link, Wooden Stockade, Steel Panel, Cattle Fencing, Snow (orange construction weave fence) or Homemade Type
TEMPORARY/GARDEN FENCING:
GARDEN FENCING MAY BE INSTALLED ON MARCH 1st AND MUST BE REMOVED BY NOVEMBER 1ST
Temporary/Garden Fencing is defined as fencing not permanently attached which is for the sole purpose of protecting plantings. It is not to be installed as a backyard fence.
Temporary/Garden fencing must be kept a minimum of 3 feet (36”) from the rear property line and within the footprint of the house.
Temporary/Garden fencing MUST NOT BE permanently installed and MUST BE readily removable.
Approved Garden Fences shall include wire “NO DIG” panels, plastic temporary fences attached to removable steel or plastic stakes. Height of the fence is not to exceed 4 feet (48”) tall.
PROHIBITED TEMPORARY FENCING: Homemade chicken wire fences, solid plywood, steel panel, snow fencing (orange construction fencing) chain link and fencing that has wooden or pipe posts that are dug down more than 8” inches and encased in foam or concrete.
Temporary/Garden fences on the side of the house cannot exceed 36” inches from the footing of the building and must not violate building separation codes as determined by Berkeley Township Fire code.
Fences shall be neutral in color as not to draw attention.
Gardening/Architectural no dig style fences can be installed in the front of the house from the edge of the building foundation to the front door but shall not be more than 39 inches from the building.
Temporary /Garden Fencing protecting trees, flowerpots, bushes on the front lawn area of the homeowner’s property are prohibited.
No Temporary /Garden fencing can be installed less than 3 feet of the rear property line and must remain within the footprint of the house.
The Architectural Control Committee Reserves the right to have the homeowner remove the fence if it is decided it does not meet current standards, lack of Permits or it is considered a Safety Hazard.