[HISTORY: Adopted by the Town Board of the
Town of Rush 1-23-1989 by L.L. No. 1-1989. Amendments noted where
applicable.]
[Amended 1-11-2023 by L.L. No. 1-2023]
[Added 3-10-2004 by L.L.
No. 3-2004]
As used in this chapter, the following terms
shall have the meanings indicated:
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials,
or natural plantings, other than temporary uses such as garden fences,
snow fences or rabbit fences.
[Amended 1-11-2023 by L.L. No. 1-2023]
No fence shall be erected without the approval of and issuance of a permit by the Building Inspector, with the exception of fences for commercial farm operations, as defined in Chapter 52, and temporary garden fences.
[Amended 1-11-2023 by L.L. No. 1-2023]
Before any work is begun, any person or organization
intending to erect a fence shall make application to the Building
Inspector on a form provided by the Building Inspector. The application
shall be accompanied by a plan or sketch showing the proposed dimensions
and location of the fence and the materials proposed to be used, which
must be in accordance with this chapter and any other law regulating
construction within the Town and shall be accompanied by the prescribed
fee. Upon approval by the Building Inspector, a permit shall be issued.
Construction of the permitted fence must be completed within one year
of the issuance of the permit. The permit shall be available on the
job during the progress of the work so that it may be inspected by
proper officials.
[Added 3-10-2004 by L.L. No. 3-2004; amended 7-14-2021 by L.L. No. 3-2021]
The fee for issuance of a fence permit shall
be paid by the applicant in accordance with the fee schedule adopted
by the Town Board, which fee may thereafter be amended from time to
time by resolution of the Town Board.
[Amended 1-11-2023 by L.L. No. 1-2023]
No fence (except a temporary garden fence) shall
be more than six feet in height at the rear of a home or building
in any zoning district. No fence or portions of a fence forward of
the rear building line or the rear building line extended shall be
more than four feet in height.
Any fence shall be placed at least one foot
back from any street or highway boundary line. Any fence or planting
higher than 36 inches shall be placed at least 35 feet hack from the
edge of the pavement. Any planting not placed at least 35 feet back
from time edge of the pavement must be kept trimmed and maintained
to a height no higher than 36 inches.
Any fence, wall or shrubbery which unduly cuts
off light or air or which may cause a nuisance, a fire hazard, a dangerous
condition, an obstruction to fire fighters and equipment for combating
fires or which may affect public safety is expressly prohibited.
[Amended 1-11-2023 by L.L. No. 1-2023]
The following fences and fencing materials are specifically prohibited except on premises which are engaged in either commercial or noncommercial farms, as defined in Chapter 52.
All chain link fences erected shall be erected
with the closed loop at the top of the fence.
All entrances or gates shall open into the property.
Openings for emergency access shall be provided in accordance with
the standards of the National Fire Prevention Association.
All fences shall have the smooth side or finished
side facing to the outside of the property owner installing the fence.
Fence posts shall be placed on the inside of the fence.
All fences must he erected within the property
line.
No fence shall be erected so as to encroach
on a public right-of-way or interfere with vehicular or pedestrian
traffic or visibility. The Code Enforcement Officer or Highway Superintendent
shall have the authority to direct, in writing, the removal, trimming
or modification of any shrubs, bushes, plants, trees, flowers or other
vegetation, fence, wall, hedge or other structure on private or public
property wherever the same shall interfere with adequate visibility
of operators of motor vehicles. Any person who shall refuse or neglect
to comply within 15 days with the written direction of the Code Enforcement
Officer or Highway Superintendent shall be guilty of a violation of
this chapter and shall be subject to its penalties.
[Amended 1-11-2023 by L.L. No. 1-2023]
Notwithstanding the provisions of this chapter,
the Building Inspector may issue a permit for the construction of
a security fence for commercial and/or industrial properties upon
due application to and approval by the Building Inspector. The Building
Inspector may deny such application if it is found upon application
that such fence is not appropriate.
[Amended 1-11-2023 by L.L. No. 1-2023]
Upon denial of an application for a permit,
an applicant may appeal the Building Inspector's decision to the Zoning
Board of Appeals within 30 days of such denial.
[Amended 3-10-2004 by L.L. No. 3-2004]
A violation of this chapter is an offense punishable
by a fine not exceeding $250 or by imprisonment for not more than
15 days, or by both such fine and imprisonment. For the purpose of
conferring jurisdiction upon courts and judicial offices, violations
of this chapter shall be deemed to be misdemeanors. Each week the
violation continues shall be deemed to be an additional violation.
