[HISTORY: Adopted by the Town Board of the Town of Stafford 9-12-2016 by L.L. No. 2-2016.[1] Amendments noted where applicable.
[1]
Editor's Note: This local law was adopted as Ch. 183, but
was renumbered to maintain the alphabetical organization of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Any man-made structure, regardless of composition, that is
erected or maintained for the purpose of enclosing a piece of land
or dividing a piece of land into distinct portions, or that prohibits
or inhibits unrestricted travel or view between properties or portions
of properties or between the street or public right-of-way and the
property. This definition includes what is customarily referred to
as a wall.
Applies to that portion of the yard in front of the front
building line of any building. All corner properties adjacent to a
public street, alley or highway shall also be considered as front
yards for the purposes of this chapter. However, this definition shall
specifically not apply for purposes of swimming pool protection.
That part of the fence that is considered the finished side,
which does not include the structural members.
The distance measured from the immediately adjacent ground
level at the fence location, to the top of the highest point of any
component of the fence. Any artificially mounded or bermed area under
the fence shall be considered part of the height of the fence. In
the event that after the fence is constructed any mounding, fill,
berming or construction of any kind or nature is added to one side
of the fence, then the height of the fence shall be measured from
the opposite side of the fence.
Applies to that portion of the yard from the rear building
line of any building to the rear of the lot.
Applies to that portion of the yard in front of the rear
building line of any building and to the rear of the front building
line of any building.
No fence shall be erected without the approval of the Code Enforcement
Officer.
A.
Any person or persons, corporations, firm or association intending
to erect a fence shall, before any work is commenced, make application
to the Code Enforcement Officer on a form provided by the Code Enforcement
Officer. Said application shall be accompanied by a plan or sketch
showing the proposed location of any fence on a survey map of the
property, the materials and proposals to be used therefor, and the
relation to all other structures, buildings, streets, lot property
lines and yards.
B.
Upon approval by the Code Enforcement Officer, a permit shall be
issued which will be in effect for a period of six months from the
date thereon.
C.
Said permit shall be displayed on the property during the progress
of the work so that the work may be inspected by the proper Town officials.
No fence shall be more than six feet in height at the rear yard
or side yard of the homes or buildings situated in the Town of Stafford.
No fence or portions of a fence shall be higher than three feet in
any front yard for a distance of 33 feet from the roadway right of
way.
A.
Any fence erected under this chapter shall be placed at least 12
inches from any property line so if repair or maintenance of said
fence is to be performed, it may be performed from the property owner's
land.
B.
All fences must be erected within the property line and none shall
be erected so as to encroach upon a public right-of-way or interfere
with vehicular or pedestrian traffic or interfere with visibility
on corner lots and/or other structures or vehicles, whether stationary
or transitory, in private or public property.
Any fence which unduly cuts off light or air, which may cause
a nuisance, a fire hazard, a dangerous condition, or an obstruction
to persons and equipment in combating fires or which may affect public
safety is hereby expressly prohibited.
The following types of fences are prohibited:
A.
Barbed wire.
B.
Short pointed fences less than 36 inches in height.
C.
Canvas fences.
D.
Cloth fences.
E.
Electrically charged fences.
F.
Poultry fences.
G.
Turkey wire.
H.
Temporary fences (except snow fences between the months of November
through April).
I.
Expandable fences and collapsible fences, except during construction
of a building or for reasonable and temporary agricultural uses and
gardens.
Chain-link fences shall be erected with closed loop at the top
of the fence.
Any wood, stockade, chain link or other type of fence, shall
have the good side facing to the outside of the property owner installing
the fence. Fence posts shall be placed on the inside of the fence.
All fences shall be maintained by the person responsible for
the property. Such maintenance shall include, but not be limited to,
repair of fences which may become in disrepair. Repairs should be
made in accordance with existing fences. Such repair may include missing
or broken sections, and heaving, collapsed and/or tilted fences.
A.
Notwithstanding the provisions of this chapter, the Code Enforcement
Officer may issue a permit for the construction of security and/or
equipment yard fences for commercial and industrial properties upon
due application. The Code Enforcement Officer may deny such application
if it is found that the application for such fence is not appropriate
and is unnecessary.
B.
Fences for the enclosure of in-ground pools shall conform to the
New York State Uniform Fire Prevention and Building Code.
The Code Enforcement Officer shall have the authority to direct,
in writing, the removal, trimming or modification of any shrubs, bushes,
plants, trees or flowers or other vegetation, fence, wall or hedge
or other structure on private or public property wherever the same
shall interfere with adequate visibility of operators of motor vehicles
at street intersections, driveways or curbs. Any person who shall
refuse or neglect to comply within 15 days with the written direction
of the Code Enforcement Officer shall be guilty of violation of this
chapter and shall be subject to its penalties.
The provisions of this chapter shall not apply to any of the
following uses and types of fences:
A.
Erosion control fences.
B.
Existing nonconforming fences constructed prior to the effective
date of this chapter shall be allowed to continue; provided, however,
that replacement of a fence on a property shall require that said
fence conform to the provisions of this chapter.
C.
Fences used for safety and/or security fencing around security sites
for which a building permit has been issued and is still valid.
D.
Fences used for safety and/or security fencing around unsafe structures
or other threats to health, life and/or property, as deemed by the
Code Enforcement Officer, the Town Highway Superintendent or Emergency
Response Agencies.
E.
Fences and guards installed by the authority having jurisdiction
in accordance with recognized standards in order to protect life,
safety and property within public roadways and their associated rights-of-way.
F.
Fences erected to enclose crops, livestock and livestock products
and farm operations as defined in Article 25-AA, § 301 of
the Agriculture and Markets Laws of the State of New York.
G.
Fences erected to enclose swimming pools, as mandated by the New
York State Uniform Fire Prevention and Building Code.
H.
Guards and handrails erected to comply with the applicable provisions
of the New York State Uniform Fire Prevention and Building Code.
I.
Plant support systems, such as, but not limited to, grape trellising,
tomato cages, tree supports and vegetable trellising.
The Town Board of the Town of Stafford shall set applicable
fees for the fence permit.
This chapter shall be enforced by the Code Enforcement Officer,
who is authorized to direct, in writing, the removal of any fence
in violation of this chapter or for failure to obtain a permit required
by this chapter, and is further authorized to issue an appearance
ticket, pursuant to the provisions of Article 150 of the Criminal
Procedure Law, for violations of this chapter.
A.
A violation of this chapter is an offense punishable by a fine of
not more than $250. Each week of continued violation shall constitute
a separate, additional violation.
B.
The Town Board, in addition, shall have such other remedies as are
provided by law to restrain, correct or abate any violation of this
chapter.
