[HISTORY: Adopted by the Town Board of the Town of Binghamton 8-12-2008 by L.L. No. 7-2015. Amendments noted where applicable.]
The Building Official, or his/her designee as approved by the Town Board, shall be responsible for supervising and administering the provisions of this article.
The Building Official shall keep permanent official records of all transactions and activities conducted by him/her, including all permits or applications received and/or approved, fees, fines, notices and orders, as well as any other documentation related to the enforcement of this chapter.
Fences shall not be considered structures under the Zoning Ordinance and, as such, may be erected in any district, subject to the provisions of this chapter. It is recommended that a property survey be used to determine fence placement.
In residential districts, no fences shall be constructed, established or built in excess of six feet in height, with the exception of tennis or recreation courts which may be 12 feet in height. In nonresidential districts, fences may be constructed, established or built up to eight feet in height above the average natural grade, provided that they do not create a traffic hazard.
No solid fences over 26 inches in height shall be permitted in the triangular area formed by the intersection of street lines and a straight line joining the street lines at points which are 35 feet in distance from the point of intersection measured along the street lines. Measurement of height shall be from the grade of the abutting top of curb or from the crown of the abutting road, if there is no curbing. Only split-rail fences or other similarly open fences are permitted in said triangular area, provided that they do not create a traffic hazard and block visibility. All fences constructed or proposed to be constructed in said triangular area require a permit and approval by the Town's Building Official.
Except for animal husbandry, stables, riding academies and kennel uses in an AGR District, barbed wire and electrically charged fencing are prohibited. Barbed wire can also be used in nonresidential districts provided the barbed wire starts at least six feet in height above the grade.
[Amended 4-21-2009 by L.L. No. 3-2009]
All fences shall be erected within (not on) the owner's property lines, and no fence shall encroach upon a public right-of-way except upon application to and approval of the Building Official on the conditions set forth herein and upon such additional conditions as set by the Town's Building Official. Solid fences or other similar fences shall maintain a setback of 10 feet from the street property line or right-of-way, or be no greater than 26 inches in height, but all such fences within the public right-of-way must be approved by the Town's Building Official. If the proposed fence is to be located on a corner lot, the provisions of § 122-5 above shall also apply, including permit and approval by the Town's Building Official. Split rail or similarly open fences are permitted to be placed within the ten-foot street setback or right-of-way, provided that they do not create a traffic hazard or in any manner block visibility, and on the condition that if said fence within the street setback or public right-of-way is damaged by the Town of Binghamton for any reason, the property owner shall be solely responsible for said costs of repair; and on the further condition that should the Town of Binghamton or its contractors need to work within said public right-of-way where the said fence is located, the property owner shall be solely responsible for the removal, repair and/or replacement of said fence upon notice by the Town of Binghamton.
These restrictions shall not be applied so as to restrict the erection of a structural engineered wall for the purpose of retaining earth. The provisions of § 122-5 above shall apply to such walls, including permit and approval by the Town's Building Official.
All swimming pools regardless of type or nature shall be surrounded by a secure, substantial, impassible fence at least four feet in height, each entrance to which, whether gate or door, shall be equipped with a self-closing and self-latching device. All such gates and doors shall be kept closed and locked when the pool is unattended. A wall(s) of a building, including the walls of an aboveground swimming pool, if at least four feet in height, may be used in place of the fencing. The steps or ladders must be removed or fenced in a manner to the foregoing, and the filter and accessory equipment must also be fenced in accordance with the foregoing. The fence must be constructed within the owner's lot line, provided that all other requirements of this chapter are met.
Every fence shall be maintained in a safe, sound and upright condition. No fence shall be erected which will create a safety problem for people using the public right-of-way. The Town has the right to enforce compliance with this paragraph, including upon Court order to cure and correct an unabated condition with the costs and expenses being added to or levied against the subject property in the real property tax bill.
Any violation of the above restrictions and requirements shall be as follows: $25 for the first offense; $50 for the second offense; and for any subsequent offenses, the Town may apply for a court order in the Town of Binghamton Town Court to cure and correct the violation with all costs, expenses and legal fees added to and levied against the subject property in the real property tax bill.