[Added 6-23-2011 by L.L. No. 6-2011]
The purpose of this article is to promote and protect the public
health, welfare and safety and the community character of the Town
of Southeast by regulating existing and proposed fences and stone
walls. It is intended to protect property values, create a more attractive
economic and business climate, enhance and protect the local character
of the community, the regional visual resources, the physical appearance
of the community, preserve the scenic and natural landscape and provide
a more enjoyable and pleasing community.
A.
No person, except on a farm and related to agricultural uses as defined
in this Code, shall erect, alter or relocate any fence or stone wall
without first obtaining a permit from the Building Inspector.
B.
No person shall erect any fence or stone wall on public property,
including within road rights-of-way.
C.
Review and approval of the Architectural Review Board shall be required
for fences and stone walls on commercially zoned properties, and nonresidentially
used properties within a residential zoning district.
A.
No permit shall be required for a fence or stone wall to be replaced,
repainted or repaired consistent with its original location, form,
design and dimensions.
B.
Unless part of a larger application requiring site plan approval,
fences and stone walls shall be exempt from site plan review.
C.
Fences and stone walls on residential properties within a residential
zoning district shall be exempt from Architectural Review Board review.
D.
Temporary construction or erosion control fences shall be exempt
from the provisions of this article.
Applications shall be made in writing to the Building Inspector
and reviewed by the Zoning and Town Code Enforcement Officer on forms
prescribed and provided by the Town and shall contain the following
information:
B.
The location of the building, structure or land upon which the fence
now exists or is to be erected.
C.
If a new fence is to be erected, elevation and plan drawings to scale.
In addition, a full description of the placement and appearance of
the proposed fence should be included and should cover the following:
(1)
The location on the premises; specifically, its position in
relation to adjacent buildings, structures and property lines.
D.
Written consent or a copy of the contract made with the owner of
the property upon which the fence is to be erected, if the applicant
is not the owner.
E.
Permit. Upon filing of a completed application for a permit and the
payment of the required fee, the Building Inspector shall examine
the plans, specifications and other data submitted and the premises
on which the fence is to be erected or now exists. If it shall appear
that the application is complete with respect to the requirements
of this article, the Building Inspector shall then, within 15 days,
refer the application to the Architectural Review Board. In the case
of a concurrent application to the Planning Board for site plan approval
or to the Town Board for special permit approval, the application
for a permit shall be referred to the Architectural Review Board with
the site plan and/or special permit application. The issuance of a
permit shall not excuse the applicant from conforming to the other
laws and ordinances of the Town.
F.
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of the issuance, the
permit shall become null and void, but may be renewed within 30 days
prior to the expiration, for good cause shown, for an additional six
months, upon payment of 1/2 of the original fee.
