[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 2-20-2007 by L.L.
No. 3-2007. Amendments noted where applicable.]
The Board of Trustees of the Village of Monticello has determined
that it is in the best interests of the Village to regulate fences.
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.
Applies to that portion of the yard in front of the front
building line of any building. All corner properties adjacent to a
public street, alley or highway shall also be considered as front
yards for the purposes of this chapter. However, this definition shall
specifically not apply for purposes of swimming pool protection.
That part of the fence that is considered the finished side
which does not include the structural members. (For this definition,
a chain-link fence has two good sides.)
The distance measured from the average grade to the top of
the fence.
Applies to that portion of the yard from the rear building
line of any building to the rear of the lot.
Applies to that portion of the yard in front of the rear
building line of any building and to the rear of the front building
line of any building.
No fence, wall or other type of construction shall be erected
without the approval of the Code Enforcement Officer.
A.
Any person or persons, corporations, firm or association intending
to erect a fence shall, before any work is commenced, make application
to the Code Enforcement Officer on a form provided by the Code Enforcement
Officer. Said application shall be accompanied by a plan or sketch
showing the proposed location of any fence on a recent survey map
of the property and the materials proposals to be used therefor, which
must be in accordance with this chapter and any other pertinent local
law regulating construction within the Village and shall be accompanied
by an appropriate fee.
B.
Upon approval by the Code Enforcement Officer, a permit shall be
issued which will be in effect for a period of six months from the
date thereon.
C.
Said permit shall be displayed on the property during the progress
of the work so that the work may be inspected by the proper Village
officials.
No fence shall be more than six feet in height at the rear of
the homes or buildings situated in said Village of Monticello, which
fence shall not extend forward of the rear building line of any existing
or proposed building. No other fence or portions of a fence shall
be higher than three feet for a solid fence or four feet for a look-through
fence in any front yard or side yard.
[Amended 6-4-2007 by L.L.
No. 9-2007]
All fences or walls must be erected within the property line,
and none shall be erected so as to encroach upon a 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, in private or public property.
Any fence, wall or similar structure which unduly cuts off light
or air, which may cause a nuisance, a fire hazard, a dangerous condition,
or an obstruction to persons and equipment in combatting fires or
which may affect public safety is hereby expressly prohibited.
The following types of fences are prohibited:
A.
Barbed wire.
B.
Short pointed fences less than 36 inches in height.
C.
Canvas fences.
D.
Cloth fences.
E.
Electrically charged fences (except underground dog fences which
should be marked by appropriate signage).
F.
Poultry fences.
G.
Turkey wire.
H.
Temporary fences (except snow fences which may only be erect from
November 1 through May 1).
I.
Expandable fences and collapsible fences, except during construction
of a building or for reasonable and temporary agricultural uses (gardens).
J.
Concrete barriers.
Chain-link fences shall be erected with closed loop at the top
of the fence.
Any fence, wood, stockade, chain-link or other type of fence,
shall have the good 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 shall be maintained by the person responsible for
the property. Such maintenance shall include but not be limited to
replacement and/or repair of fences which may become in disrepair.
Repairs should be made in accordance with this section and Section
302.7 of the New York State Property Maintenance Code with regard
to existing fences. Such repair may include missing or broken sections,
and heaving, collapsed and/or tilted fences and fences overgrown with
weeds, trees, bushes or brush.
A.
Notwithstanding the provisions of this chapter, the Code Enforcement
Officer may issue a permit for the construction of security and/or
equipment yard fences for commercial and industrial properties upon
due application. The Code Enforcement Officer may deny such application
if it is found that the application for such fence is not appropriate
and is unnecessary.
B.
Fences for the enclosure of in-ground pools shall conform to the
New York State Uniform Fire Prevention and Building Code.
The Code Enforcement Officer shall have the authority to direct,
in writing, the removal, trimming or modification of any shrubs, bushes,
plants, trees or flowers or other vegetation, fence, wall or hedge
or other structure on private or public property wherever the same
shall interfere with adequate visibility of operators of motor vehicles
at street intersections, driveways or curbs. Any person who shall
refuse or neglect to comply within 15 days with the written direction
of the Code Enforcement Officer shall be guilty of a violation of
this chapter and shall be subject to its penalties.
Those fences that were constructed prior to the adoption of this chapter can remain but must be maintained safely and in accordance with the other sections of this chapter, including, without limitation, § 142-11, Maintenance. Deed restrictions relating to fencing must be brought to the attention of the Code Enforcement Officer.
The Village Board of Monticello shall set applicable fees for
the fence permit.
