Village of Brockport, NY Chapter 6 Berms, Fences, Hedges and Screen Plantings

[HISTORY: Adopted by the Board of Trustees of the Village of Brockport 10-17-1977 by L.L. No. 3-1977. Amendments noted where applicable.]

GENERAL REFERENCES

Minimum Housing and Buildings Code — See Ch. 36.

Trees and vegetation — See Ch. 46.

Zoning — See Ch. 58.

Code Enforcement — See Ch. 59.

§ 6-1 Compliance with provisions.

Berms, fences, hedges and screen plantings shall be permitted, subject to restrictions as provided in this chapter.

§ 6-2 Harmful devices on fences.

A. In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as a part of any fence. The exceptions to this rule are certain types of fences listed in § 6-4B.

B. No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in § 6-4B.

§ 6-3 Provisions applicable to residential districts (O and T).

A. Any fence in a residential district shall have its most pleasant or decorative side facing the adjacent lot with all posts being in the applicant's yard, unless such posts or supports are an integral part of the decorative design of the fence.

B. No fence, hedge or screen plantings shall be erected or maintained over six feet in height, and they shall not extend beyond any required front setback line.

C. No solid fence shall be constructed or maintained in a manner which shall impede or otherwise obstruct access to the rear of the dwelling for emergency equipment such as firefighting equipment, etc.

D. Open decorative fences, hedges or screen plantings may be permitted within any required front yard subject to the issuance of a conditional use permit by the Planning Board. In addition to any other requirements of a conditional use permit, no such permit shall be issued where:

(1) The fence exceeds a height of three feet.

(2) The fence is nearer than three feet to any front lot line or nearer than three feet to any public sidewalk.

[Amended 9-15-1997 by L.L. No. 1-1997]

(3) The fence is not uniformly constructed.

(4) There is objection to the fence by more than 50% of the adjoining owners within a radius of 100 feet.

(5) The fence obstructs the traffic vision of pedestrian and/or motor vehicles.

E. Fences shall be continually maintained, and no fence, hedge or screen plantings shall be permitted to become unsightly or in a state of disrepair.

F. Open decorative fences, hedges and screen plantings not exceeding three feet in height and not extending beyond the side foundation walls of the house are permitted within 10 feet of the front foundation wall.

G. Nothing herein contained shall be construed as prohibiting, in any required front yard, decorative or landscape plantings, such as bushes, flowers, trees and the like, which are not designed or intended as a fence.

§ 6-4 Provisions applicable to nonresidential districts (B and I).

A. Any fence facing a residential district shall have its most pleasant or decorative side facing the residential district with all posts and supports being on the side of the fence opposite the residential area, unless such posts or supports are an integral part of the decorative design of the fence. This relationship shall prevail where any more restrictive district abuts any less restrictive district, the less restrictive district having the posts and/or supports on its side.

B. Barbed wire or electric fences.

(1) A fence eight feet high with a barbed wire top or an electric shock fence which would not be detrimental to health, safety or welfare of any person coming into contact with it may be permitted in the general commercial and industrial districts, upon issuance of a conditional use permit by the Planning Board, where it can be demonstrated that:

(a) The fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons.

(b) The fence is needed to secure an area where materials and/or equipment is stored.

(c) The fence is needed to keep animals other than common household pets, except in a kennel situation, from leaving the site.

(d) In the Planning Board's opinion, other reasons are presented which, in the general community interests or interests of national safety, justify the need for such a fence.

(2) Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 75 feet.

§ 6-5 Enforcement; penalties for offenses; exceptions.

A. In the event of a violation of this chapter, the Building Inspector shall give written notice, by registered or certified mail, of the alleged violation to the owner or occupant of the property on which the fence is located to repair or remove said fence and rectify the violation. Said owner or occupant shall have 30 days from the date of the written notice to comply with the provisions of these sections regulating fences.

B. There shall be a penalty of a fine of $50 per day after the expiration of the thirty-day notice. The Building Inspector shall be authorized to issue an appearance ticket and complaint against the alleged violator to appear in the Municipal Court for the collection of the fine or to request the Village Attorney to institute an action in the appropriate court to have said fence repaired or removed.

[Amended 3-16-1998 by L.L. No. 3-1998]

C. These fence regulations shall not apply to the erection of an open-wire fence within a publicly owned park, playground or school premises if the need for such a fence for such uses as athletic fields is demonstrated to and approved by the Building Inspector.