[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:
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.
Property, or a significant part thereof, used primarily for
business, commercial or industrial purposes and for which any agricultural
or residential uses are ancillary.
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.
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.
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.
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.
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.
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.
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.
A.Â
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:
(1)Â
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.
(2)Â
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.
(3)Â
The appropriate application fee.
B.Â
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.
C.Â
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.
D.Â
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.[1]
A.Â
Fences may be constructed on agricultural property
without applying for a permit.
B.Â
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.
C.Â
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.
A.Â
Except for security fences as provided below, all
fences shall conform to the requirements of residential property fences.
B.Â
Security and equipment yard fences.
(1)Â
The Code Enforcement Officer may issue a permit for
construction of a security and/or equipment yard fence for business,
commercial and industrial properties.
(2)Â
The Code Enforcement Officer may waive provisions
of this Code regarding height, location and fencing materials as is
appropriate for the intended location.
(3)Â
The Code Enforcement Officer may not waive provisions
of this Code regarding maintenance and visibility.
(4)Â
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.
(5)Â
The applicant may appeal any such denial to the Zoning
Board of Appeals.
A.Â
Restrictions for rear, front and side yards.
(1)Â
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.
(2)Â
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.
B.Â
Chain-link fences.
(1)Â
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.
(2)Â
Chain-link fences shall be erected in accordance with
all other provisions of this chapter.
(3)Â
Chain-link fences shall be erected with closed loops
at the top of the fence.
A.Â
Those fences that were constructed prior to the adoption
of this chapter may remain.
B.Â
All fences, whenever constructed, must be maintained
safely and in accordance with all sections of this chapter.
C.Â
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.
