[HISTORY: Adopted by the Town Board of the Town of Wilton 9-3-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any structure, regardless of composition, that is erected
or maintained for the purpose of enclosing a piece of land or dividing
a piece of land into distinct portions. Exception: A living fence.
Applies to that portion of the yard in front of the front
building line of any building. On corner properties adjacent to a
public or private street, alley or highway shall also be considered
as a "front yard" for purposes of this chapter. This definition shall
not apply for purpose of swimming pool protection fences.
The distance from the existing grade to the top of the fence.
No fence from the adoption of this chapter shall be erected
without a permit and approval of the Building Inspector/Code Enforcement
Officer. Any person or persons, corporation, firm or association intending
to erect a fence shall, prior to the commencement of work, make application
to the Building Inspector/Code Enforcement Officer on a form provided
by the Building Department. Said application shall be accompanied
by a site plan (survey) showing the proposed location of the fence
and materials/type of fencing to be installed. Such materials and
location shall be in compliance with this chapter and any pertinent
local or state laws. Upon approval, a permit shall be issued which
will be in effect for one year from the date of issuance. Upon completion
of said work, the fence construction shall be inspected by the Building
Inspector and issuance of a certificate of compliance shall be issued
if work has been completed in compliance with this chapter.
No fence shall be more than eight feet in height at the rear
of a home or building situated in a residential district. The fence
shall not extend forward of the front building line of any existing
or proposed building. No other fence or portions of a fence shall
be higher than 48 inches. This restriction shall not apply to construction
of fences in all zoning districts or commercial type projects.
Any fence hereby erected shall be placed a minimum of six inches
from any property line and 24 inches from the front property line.
Survey stakes or pins shall be identifiable for inspection to insure
proper placement at inspection.
A.
Any fence, wall or similar structure as well as shrubbery (living
fence) which unduly cuts off light or air and may cause a nuisance,
a fire hazard or dangerous condition or is an obstruction to combating
fires which may affect public safety is hereby expressly prohibited.
Further, no fence shall be erected in the front yard in a residential
district or along a public right-of-way unless the fence is uniformly
less than 50% solid.
B.
The following fences and fence materials are strictly prohibited:
C.
All chain link fences erected shall be erected with the closed loop
at the top of the fence. All other fences shall be erected with the
finish side facing the nearest adjacent property line where applicable.
D.
All entrances or gates shall open into the property.
E.
Notwithstanding the provisions of this section, the Building Inspector/Code
Enforcement Officer may issue a permit for the construction of a security
fence for commercial and industrial properties upon application and
approval of the Town of Wilton Planning Board.
F.
Color of fences shall be restricted to earth tones and neutral color
tones.
G.
All fences or walls shall be erected within the property line, and
none shall be erected so as to encroach upon a neighboring property,
public right-of-way or interfere with vehicular or pedestrian traffic
or interfere with visibility on corner lots and/or other structures
or vehicles whether stationary or transitory, on public or private
property.
The Building Inspector/Code Enforcement Officer or Highway Superintendent
shall have the authority to direct in writing the removal, trimming
or modification of any fence, living fence or wall on public or private
property wherever the same shall interfere with adequate visibility
of operators of motor vehicles at street intersections or curbs. Any
person who shall refuse or neglect to comply with such written direction
shall be in violation of this chapter and subject to its penalties.
Any person, firm or corporation or his or her agent, servant,
worker or employee violating any provisions of this chapter shall
be punishable by a fine not exceeding $500 or by imprisonment for
not more than 30 days, or both. Each day's continuance of a violation
after notice to cease or correct shall be deemed a separate and distinct
offense and shall be punishable accordingly.
