[HISTORY: Adopted by the Board of Trustees
of the Village of Waverly 10-14-2008 by L.L. No. 2-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 153.
[1]
Editor's Note: This local law also repealed
former Ch. 70, Fences: Art. I, Barbed-Wire Fences, adopted 1-9-1963,
as amended.
This chapter shall be known as the "Fence Law
of the Village of Waverly, New York."
The purpose of this chapter is to protect the
safety, health and welfare of the residents of the Village of Waverly,
Tioga County, New York, by establishing uniform rules and regulations
governing the installation, construction and maintenance of fences
within the Village of Waverly.
As used in this chapter, the following terms
shall have the meanings indicated:
Strands of wire twisted together with barbs at regular, close
intervals.
Property which has two boundary lines bordering a street.
Any barrier positioned in a manner which inhibits ingress,
egress or trespass or used as a boundary, either constructed of natural
or man-made materials or planted vegetation.
Distance as measured vertically from the ground to the top
of the highest point of fence.
The area from the average building line to the street curb.
A row of closely planted shrubs, bushes or other natural
landscaping, forming a boundary or fence.
Area or direction for an unobstructed view at any height
on a street corner.
Any fence or hedge composed of live materials.
A stake or slat, usually pointed, used as an upright in a
fence.
A piece of wood, metal, etc., usually square or cylindrical,
set upright to support a fence.
A bar of wood or metal, etc., placed horizontally between
upright posts to serve as a barrier or support.
Strands of wire with a continuous or combination of continuous
and barbed sharp cutting edges.
The area from the front building line to the rear property
line.
A wall built to keep a bank of earth from sliding.
The face of fence which is absent of visible support structure.
Fencing types, such as masonry, chain link, stockade, basket
weave, continuous board and other visually obstructive fencing types.
Structure members (post, guy wire, masonry footers, etc.)
required to hold the fence in place.
An upright structure of wood, stone, brick, etc., serving
to enclose, divide, support or protect.
After securing a fence permit as provided in
this chapter, a fence may be erected in any residentially zoned district
as follows:
A.
No fence shall be erected within the Village of Waverly
unless a permit has been issued by the Code Enforcement Officer.
B.
Application for a fence permit shall be made on a
form or forms provided by the Village Code Enforcement Officer. An
application shall be accompanied by a scale drawing clearly outlining
thereon the location of the proposed fence, the height of the proposed
fence and the material of which the fence shall be constructed, all
of which shall be in conformity with this chapter, and accompanied
by a fee for said permit as established by resolution of the Board
of Trustees of the Village of Waverly.
Only the following materials shall be used in
the installation, construction and maintenance of fences within the
Village of Waverly:
A.
Wire fence.
(1)
No fence constructed of wire or coated wire may be
erected on the front line of any property.
(2)
No wire fences may be erected with a wire diameter
less than 11.5 (American Wire Gage) AWG in a residential zone or nine
AWG in all other zones.
(3)
All wire fences must be commercially coated by the
original manufacturer to prevent corrosion. Coating may be hot dip
galvanize, electrical galvanized, aluminized or plastic coated (vinyl).
B.
Wood fence.
C.
Polymer (vinyl).
D.
Natural (hedges). Natural fences (hedges) placed in
the front lot of any zone must be trimmed to adhere to the size and
location set forth in this chapter.
E.
Invisible (electronic). An electronic barrier must
be maintained without radio frequency interference as set forth by
the FCC.
The following fences and fencing material are
specifically prohibited:
A.
All fences shall be installed and constructed in a
workmanlike manner.
B.
All fences shall be maintained in good and substantial
condition.
C.
All fences are to be placed with the smooth side facing
towards the deeded lot line with supports on the inside of the fence
boundary.
D.
No fence shall be erected in such a manner as to inhibit
or divert the natural drainage flow or to cause the blockage or damming
of surface water creating ponding or pooling of water.
E.
No fence shall be erected which may create a fire
hazard or other dangerous condition or which may result in obstruction
to the effective combat of fire.
A.
No fence shall be erected on any premises zoned other
than residential until a permit has been issued by the Code Enforcement
Officer after approval by the Planning Board. The Planning Board shall
grant approval only after determination that the proposed fence is
to be constructed of material which will ensure the privacy of adjoining
premises and that the fence affords adjoining premises an environment
reasonably free of offensive noise, smell, dust and debris.
B.
No permit shall be issued for the erection of a fence
on premises abutting a residentially zoned property where the proposed
fence exceeds eight feet in height.
All swimming pools shall be enclosed as provided
by the New York State Uniform Fire Prevention and Building Code.
All existing fences and other barriers which
do not conform to the provisions of this chapter may be continued
as they presently exist, as long as the same are not altered, extended
or modified. All existing fences shall be maintained in safe and good
condition.
A.
Notwithstanding any of the provisions and remedies
contained elsewhere herein, failure to comply with any section of
this chapter shall be a violation.
B.
Each day that a prohibited condition, as defined in
this chapter, shall be allowed to continue to exist shall constitute
a separate violation.
A.
A violation of this chapter or any section thereof
or part of any section thereof shall be punishable by:[1]
(1)
First offense: up to $250 and/or up to 15 days in
jail.
(2)
Second offense for the same violation within two-year
period: minimum fine of $100 and up to $350 and/or up to 15 days in
jail.
(3)
Third offense for the same violation within two-year
period: minimum fine of $200 and up to $700 and/or up to 15 days in
jail.
(4)
Fourth offense for the same violation within two-year
period: minimum fine of $300 and up to $1,000 and/or up to 15 days
in jail.
[1]
Editor's Note: The penalty provisions of this
section are derived from L.L. No. 1-2008, adopted 9-23-2008.
B.
Subsequent violations. If a period of two or more
years has passed since the defendant's last conviction for violating
provisions of this chapter, a subsequent conviction will be subject
to a first offense fine.
