[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Editor's Note: This local law also repealed former Ch. 70, Fences: Art.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:
BARBED WIRE
Strands of wire twisted together with barbs at regular, close intervals.
CORNER LOT
Property which has two boundary lines bordering a street.
FENCE
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.
FENCE HEIGHT
Distance as measured vertically from the ground to the top of the highest point of fence.
FRONT LOT
The area from the average building line to the street curb.
HEDGE
A row of closely planted shrubs, bushes or other natural landscaping, forming a boundary or fence.
LINE OF SIGHT
Area or direction for an unobstructed view at any height on a street corner.
LIVING FENCE
Any fence or hedge composed of live materials.
PICKET
A stake or slat, usually pointed, used as an upright in a fence.
POST
A piece of wood, metal, etc., usually square or cylindrical, set upright to support a fence.
RAIL
A bar of wood or metal, etc., placed horizontally between upright posts to serve as a barrier or support.
RAZOR WIRE
Strands of wire with a continuous or combination of continuous and barbed sharp cutting edges.
REAR LOT
The area from the front building line to the rear property line.
RETAINING WALL
A wall built to keep a bank of earth from sliding.
SMOOTH FACE
The face of fence which is absent of visible support structure.
STRUCTURAL FENCE
Fencing types, such as masonry, chain link, stockade, basket weave, continuous board and other visually obstructive fencing types.
SUPPORT
Structure members (post, guy wire, masonry footers, etc.) required to hold the fence in place.
WALL
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. 
In any rear 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.
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. 
Barbed wire.
B. 
Electrically charged fences.
C. 
Chain link fences in a front lot.
D. 
Canvas or cloth fences.
E. 
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. 
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.