§ 184-109. Retaining walls.

The following regulations apply to retaining walls:

A. 

No construction permit shall be required for retaining walls that are 30 inches or less in height.

B. 

Retaining walls shall be permitted in front, side and rear yards when constructed in accordance with the Uniform Construction Code and with the approval of the Borough Engineer.

C. 

Retaining walls shall not exceed four feet in height. In the event a guard rail or other restraining device is provided at the top of the wall, the wall height shall be measured to the top of said restraining device. For purposes of administering this subsection, terraced retaining walls involving more than one section of wall above or below each other shall be construed as one wall unless the base of the upper wall is separated from the face of the lower wall by at least four feet, measured horizontally.

D. 

In the event a retaining wall is permitted by variance to exceed four feet in height, the Board may require an appropriate guard rail or other restraining device in order to protect persons from falling off the edge of the wall.

E. 

Retaining walls which may present a danger or hazard to the public welfare, including but not limited to retaining walls which are electrified, contain broken glass, razor wire or barbed wire, or other sharp edges, are prohibited.

F. 

No retaining wall shall be located on any property in any way which violates the provisions of the Borough Code which provides for sight triangles at street corners.

G. 

Approval by the Borough Engineer shall be required for the erection, relocation, alteration or other construction involving any retaining wall located within a street right-of-way, public drainage or sewer easement or other public land or easement under the control of the Borough.