Fence Rules and Permits in Upper Makefield Township, PA

Thinking about a new fence in Upper Makefield Township? Keep reading to learn height limits, setbacks, fees, survey & plot plan needs, and where to apply. Avoid costly violations before building!

We try to keep this information up to date, but we do not represent Upper Makefield Township. Always check with the Township for the current requirements for fence permits.

How high can a fence be in Upper Makefield Township?

In Upper Makefield Township, fence height regulations depend on the location of the fence on the property and the specific type of structure being enclosed.

General Height Restrictions

Front Yard: Fences located in the front yard or along street frontage are generally limited to a maximum height of 3 feet.
Side and Rear Yards: Fences in the side and rear yards may be built to a maximum height of 7 feet.
Corner Lots: If a lot fronts on two or more streets, the 3-foot maximum height requirement applies along all of the streets.

Exceptions and Specific Fence Types

Large Lots: For lots with 300 feet or more of road frontage, a “post and rail” fence with a maximum height of 4 feet is permitted in the front yard, provided there is a minimum of 50% open area between the rails or boards.
Swimming Pools: Fences surrounding pools must be a minimum of 4 feet high. The fencing must completely surround the pool and utilize self-closing and self-latching gates,.
Sport Courts: Fencing for sport courts shall not exceed 7 feet in height.
Ground Mount Solar: Ground-mounted solar energy systems require a 4-foot impenetrable fence to ensure site screening.
Deer Fences: While not explicitly defined in the general code, a Zoning Hearing Board notice indicates that an 8-foot deer fence required a variance from the Joint Municipal Zoning Ordinance, suggesting that fences exceeding the standard 7-foot rear/side limit are not permitted by right.

Design and Landscaping Requirements for High Fences

If a fence exceeds certain height thresholds, specific landscaping and design rules apply:

Transparency: For any fence over 5 feet high, no less than 25% of the surface area must be open if the surface is in one plane; if the surface area is staggered, no less than 40% of the surface area must be open.
Landscaping:
- Any fence in a side yard exceeding 5 feet in height must be landscaped on the side facing the street, unless the fence is parallel to or on the side lot line.
- On reverse frontage lots, backyard fences exceeding 6 feet high (some sources state 5 feet) must be landscaped on the side toward the street.

Prohibited Locations

Regardless of height, fences are generally not allowed to be placed in drainage easements, swales, or road rights-of-way. While fences may be placed on the property line, the Township recommends placing them inside the line.

What are the setback requirements for fences in Upper Makefield Township?

The setback requirements for fences in Upper Makefield Township are as follows:

General Placement and Setbacks

Property Line: Fences may generally be placed directly on the property line. However, the Township explicitly recommends placing fences inside the property lines to avoid potential disputes or issues.
Prohibited Areas: Fences are not allowed to be placed in the following locations, regardless of property line proximity:
- Drainage easements
- Swales
- Road rights-of-way

Specific Use Fences

While standard fences do not have a mandatory setback from the property line, fences associated with specific structures must adhere to the setbacks required for those structures:

Sport Courts: Fencing for sport courts is part of the sport court structure, which must be located at least 12 feet from side and rear property lines and must be behind the front line of the house.
Swimming Pools: While the code states that “all equipment, landscaping, or any parts of the pool must be kept 10 feet off the property line,” it separately notes that pool fencing must completely surround the pool. (Note: It is advisable to verify with the Zoning Department if the fence itself constitutes a “part of the pool” subject to the 10-foot setback or if it follows the general property line rule).

What fence materials are allowed in Upper Makefield Township?

Upper Makefield Township does not explicitly list every permitted fence material in its general code, but it does provide specific guidelines for certain styles and contexts:

Post and Rail: This material style is specifically mentioned as permissible. On lots with 300 feet or more of road frontage, a “post and rail” fence is allowed in the front yard (up to 4 feet high), provided there is at least 50% open area between the rails,.
Wire Mesh: If you install a post and rail fence, you are explicitly permitted to install wire mesh,.
Chicken Wire: For swimming pools using post and rail fencing, chicken wire with small gauge holes and heavy gauge wiring is required to meet safety standards,.
Deer Fencing: While specific materials aren’t detailed, the township has reviewed applications for deer fences (e.g., an 8-foot deer fence) which often utilize specific mesh or netting materials, though such heights may require a variance.

Important Note on Styles:

The Township documents explicitly instruct applicants to contact the Department of Planning & Zoning regarding specific fence styles and limitations before proceeding,.

Washington Crossing Overlay District:

If your property is located within the Washington Crossing Overlay District, specific design standards apply to maintain the historic character of the area. While a specific list of fence materials is not provided in the text, the code encourages the use of plant buffers in lieu of or in addition to fencing where practical. Building materials in this district are generally limited to traditional options like stone, brick, wood (clapboard), and stucco.

Do you need a permit to install or repair a fence in Upper Makefield Township?

Yes, you are required to obtain a Zoning Use and Occupancy Permit for fences in Upper Makefield Township.

When applying for this permit, you must submit the following documentation:

Permit Application: A completed Zoning Use and Occupancy Permit Application (impervious calculations are generally not required for fences).
Plot Plan: Two or three sets of plot plans (depending on the specific form instructions) that clearly show the proposed location of the fence in relation to the property lines.
Insurance: A current Certificate of Insurance for all contractors, electricians, or plumbers involved. Upper Makefield Township must be listed as the “Certificate Holder” or “Additional Insured”.
- Note: If the property owner is performing the work, a copy of the homeowner’s liability insurance is required, along with a notarized homeowner exemption signature on the zoning application.
Contractor Certification: A copy of the contractor’s Pennsylvania Contractor Registration Certificate.

While the Zoning Code does not explicitly differentiate between “installation” and “repair” for permit exemptions, it lists “Fences” as a category that requires a Zoning Use and Occupancy Permit. It notes that the fee schedule includes zoning permits for “Renovations & Additions”.

Who issues fence permits in Upper Makefield Township?

Fence permits in Upper Makefield Township are issued by the Department of Planning & Zoning.

Contact Information

Department: Planning & Zoning / Code Enforcement
Phone: 215-968-3340
Email: codeoffice@uppermakefield.org
Address: 1076 Eagle Road, Newtown, PA 18940
Hours: Monday – Friday, 8:30 a.m. – 4:30 p.m.

upper makefield township municipal complex — Photo: Upper Makefield Township

How do you apply for a fence permit in Upper Makefield Township?

Based on the provided documents, here is the process for applying for a fence permit in Upper Makefield Township:

1. Required Permit Type

You must apply for a Zoning Use and Occupancy Permit. Unlike some other projects, you generally do not need to submit impervious surface calculations for a fence permit.

2. Prepare the Required Documentation

To submit a complete application, you must gather the following documents:

Completed Application Form: Fill out the “Zoning Use and Occupancy Permit Application”,.
Plot Plans: You must submit two sets (some general instructions mention three copies for zoning permits, but the specific fence sheet specifies two) of plot plans. These plans must clearly show the proposed location of the fence in relation to your property lines,.
Proof of Insurance:
- If hiring a pro: You must provide a current Certificate of Insurance for the contractor. Upper Makefield Township must be listed as the “Certificate Holder” or “Additional Insured” on this certificate,,.
- If doing it yourself: If you are the property owner and performing the work yourself, you must provide a copy of your homeowner’s liability insurance. You must also sign the homeowner exemption section on page three of the zoning application and have it notarized,.
Contractor Registration: If using a contractor, submit a copy of their Pennsylvania Contractor Registration Certificate,.

3. Submit the Application

You have two primary options for obtaining and submitting forms:

Download: Permit forms are available for download at the township website (www.uppermakefield.org) under the Planning & Zoning section,.
Submission: Applications and supporting documents can be submitted via email to CodeOffice@uppermakefield.org. You may also submit them to the Planning & Zoning Department at 1076 Eagle Road, Newtown, PA,.

4. Important Considerations

Review Process: The Township asks that you allow three weeks for processing permit applications,.
Design Consultation: The documents explicitly advise applicants to contact the Department of Planning & Zoning regarding fence styles and height limitations before finalizing plans,.
Placement: Ensure your plot plan does not show the fence located in drainage easements, swales, or road rights-of-way, as fencing is prohibited in these areas,. While fences may be placed on the property line, the Township recommends placing them inside the line.

Fence Rules and Permits in Upper Makefield Township PA