This chapter shall be referred to as the "Local
Law Governing Fences."
The Board of Trustees of the Village of Delhi
has determined that it is in the best interests of the Village to
regulate fences to promote the health, safety and welfare of residents.
As used in this chapter, the following terms
shall have the meanings indicated:
AGRICULTURAL PROPERTY
Property, or a significant part thereof, which is used for
or includes a significant agricultural component, whether horticultural
or animal husbandry, and for which any business, commercial, industrial
or residential uses are ancillary to the agricultural use.
BUSINESS PROPERTY
Property, or a significant part thereof, used primarily for
business, commercial or industrial purposes and for which any agricultural
or residential uses are ancillary.
DECORATIVE FENCE
A fence erected to enhance the appearance of a property,
a garden or other landscaping in which the width of the space between
vertical elements is at least eight times the width of the vertical
element and the height of the space between horizontal elements shall
be at least eight times the height of the horizontal element.
FENCE
Any freestanding structure, natural or man-made, regardless
of composition, that is designed to restrict or prevent movement across
a landowner's property line.
FRONT YARD
That portion of the property located in front of the front
building line of the primary building on the property and facing a
street, road, highway or alley on which vehicular traffic may flow.
Corner properties adjacent to a public street, road, highway or alley
on more than one side shall be considered to have multiple front yards
for the purposes of this chapter.
GOOD SIDE
That part of the fence that is the finished side and being
that side which does not include the structural members. Some types
of fences have two good sides.
HEIGHT
The distance measured vertically from the average grade to
the top of the fence.
PROPERTY
That piece of land owned by the individual or entity applying
for the fence permit.
REAR YARD
Applies to that portion of the property extending from the
rear building line of the primary building on the property to the
rear of the lot.
RESIDENTIAL PROPERTY
Property, or a significant part thereof, which is used primarily
for residential purposes and for which any agricultural, business,
commercial or industrial uses are ancillary to the residential use.
SECURITY FENCE
A fence, typically constructed of chain link or similar material
and including a lockable gate, surrounding a business, commercial
or industrial property designed to prevent theft or vandalism of materials
or equipment on the property.
SIDE YARD
Applies to that portion of the property in front of the rear
building line of any building and to the rear of the front building
line of that building.
No fence shall be erected without the approval
of the Village of Delhi Code Enforcement Officer.
Any fence which the Code Enforcement Officer
reasonably determines may cause a nuisance, a fire hazard, a dangerous
condition or any obstruction to persons and equipment in combating
fires, or may endanger public safety, is hereby prohibited.
The following types of fences are expressly
prohibited:
B. Fences with pointed tips less than 36 inches in height
C. Electrically charged fences, except underground fences
used to confine animals, which must be marked by appropriate signage.
All fences shall be maintained by the person
responsible for the property. All fences, both those previously existing
and those erected under the provisions of this Code, must be kept
in good repair and maintained in accordance with the provisions of
the Delhi Village Code and the New York State Property Maintenance
Code.
Any other provision of this chapter notwithstanding,
fences for enclosure of in-ground or aboveground swimming pools shall
conform to the New York State Uniform Fire Prevention and Building
Code.
The Board of Trustees for the Village of Delhi
shall set and amend, from time to time by resolution, the applicable
fee schedule for fence permits.
Violations of this chapter shall be subject to §
300-66 of the Delhi Village Code.