[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport 8-11-1999
by L.L. No. 2-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 147.
This chapter shall be known as the "Fence Law of the Village of Weedsport,
New York."
The purpose of this chapter is to protect the safety, health and welfare
of the residents of the Village of Weedsport, Cayuga County, New York, by
establishing uniform rules and regulations governing the installation, construction
and maintenance of fences within the Village of Weedsport.
As used in this chapter, the following terms shall have the meanings
indicated below:
Any barrier positioned in a manner which inhibits ingress, egress
or trespass 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.
Area or direction for an unobstructed view at any height on a street
corner.
The area from the building line to the rear property line.
The area from the building line to the side property line.
The face of fence which is absent of visible support structure.
Structure members (post, guy wire, masonry footers, etc.) required
to hold the fence in place.
A.
No fence shall be erected within the Village of Weedsport
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 survey 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 Weedsport.
Only the following materials shall be used in the installation, construction
and maintenance of fences within the Village of Weedsport:
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 AWG in residential zone or nine AWG in all other zones.
(3)
All wire fences must be commercially coated by original
manufacturer to prevent corrosion. Coating may be hot dip galvanize, electrical
galvanized, aluminized or plastic coated (vinyl).
B.
Wood fence. Wood fences must be coated with commercial
finish (paint, stain, water-repellant finish, etc.).
C.
Polymer. Fences constructed of polymer materials must
be of commercial materials which have been proven and documented ultraviolet
resistance.
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). 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.
Barbed wire.
B.
Short, pointed fences.
C.
Electrically charged fences.
D.
Temporary fences, such as snow fences, except by express
permission of the Village Board upon good cause shown.
E.
Chain link fences in a front yard.
F.
Canvas or cloth fences.
G.
A fence constructed within the right-of-way of any public
street.
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.
Painted fences shall be of one color only.
E.
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.
F.
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.
After securing a fence permit as provided in this chapter, a fence may
be erected in any residentially zoned district as follows:
A.
In any rear or side lot, provided that the fence does
not exceed 72 inches in height.
B.
In any front lot, provided that the fence does not exceed
36 inches in height.
C.
On any corner lot, visibility shall be maintained by
limiting the maximum height of a fence constructed on a corner lot to a maximum
height of 24 inches if constructed within the triangular area bounded by the
street lines and a straight line drawn between points on each street line
25 feet from the intersection of said street lines.
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.
A violation of this chapter or any section thereof or part of any section thereof shall be a violation and shall be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, of the Code of the Village of Weedsport. Nothing herein contained shall prevent the Board of Trustees of the Village of Weedsport from enforcing obedience of this chapter or any part or section thereof by injunction or other legal proceedings before any court of competent jurisdiction or in any other legal manner.
