[HISTORY: Adopted by the Board of Trustees of the Village of Delhi 1-26-2009 by L.L. No. 1-2009. Amendments noted where applicable.]
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.
- 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.
- The distance measured vertically from the average grade to the top of the fence.
- 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 person or persons, corporation, firm or association intending to erect a fence shall make an application to the Code Enforcement Officer before any work is commenced. Said application shall include:
A plan or sketch showing to approximate scale the intended location of the proposed fence. Said plan or sketch shall be on a survey map of the property or on an enlargement of a Delaware County real property tax service map showing both the parcel on which the fence is to be constructed and the tax-map numbers of all adjacent properties.
A statement, description or photograph of the materials proposed to be used to construct the visible portion of the fence, which shall show that the fence to be constructed is in accordance with the provisions of this chapter and any other pertinent local law regarding construction within the Village.
The appropriate application fee.
No application for a fence will be approved by the Code Enforcement Officer while the applicant and any adjacent property owners are in litigation regarding the construction or pending construction of said fence. Any such action must be set forth by the applicant in the permit application.
Upon the approval by the Code Enforcement Officer, a permit for construction of the fence shall be issued which will be valid only for a period of six months from the date of issue. The permit shall include a provision that the holder authorizes the Code Enforcement Officer to enter upon the property to inspect any work performed under the permit.
The permit shall be displayed in a conspicuous place on the property during the construction of the fences.
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:
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.
Fences may be constructed on agricultural property without applying for a permit.
Such fences may be constructed of materials that are commonly employed in agriculture, including barbed-wire, poultry-wire, rabbit-wire, turkey-wire and electrically charged fences.
Where the agricultural property abuts a residential property, the Code Enforcement Officer may require the agricultural owner to provide an appropriate additional residential property fence.
Except for security fences as provided below, all fences shall conform to the requirements of residential property fences.
Security and equipment yard fences.
The Code Enforcement Officer may issue a permit for construction of a security and/or equipment yard fence for business, commercial and industrial properties.
The Code Enforcement Officer may waive provisions of this Code regarding height, location and fencing materials as is appropriate for the intended location.
The Code Enforcement Officer may not waive provisions of this Code regarding maintenance and visibility.
The Code Enforcement Officer may deny an application for a business, commercial or industrial property fence which the Officer deems to be unnecessary, to be constructed of inappropriate materials or to have an inappropriate location. Such denial shall be in writing and shall state therein the reasons for the denial.
The applicant may appeal any such denial to the Zoning Board of Appeals.
Restrictions for rear, front and side yards.
Rear yard and side yard. No fence or portion of a fence shall be more than six feet in height or extend forward of the front building line of any existing or proposed building.
Front yard. No fence or portion of a fence shall be more than four feet in height. All front yard fencing shall be decorative fencing. Front yard fences shall include an unlocked gateway allowing access by municipal and service personnel.
Chain-link fences are not decorative within the meaning of this chapter and are not permitted in front yards. The Board of Appeals may waive this restriction if the owner provides compelling justification for the use of chain-link fencing in the front yard.
Chain-link fences shall be erected in accordance with all other provisions of this chapter.
Chain-link fences shall be erected with closed loops at the top of the fence.
Those fences that were constructed prior to the adoption of this chapter may remain.
All fences, whenever constructed, must be maintained safely and in accordance with all sections of this chapter.
Any fence, whenever constructed, that does not conform to the provisions of this chapter must be maintained as provided in this chapter, and any maintenance or repair may not make the fence more nonconforming to this chapter.
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.