In residential districts, no fences shall be constructed, established
or built in excess of eight 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. A building permit is required for any fence
constructed above eight feet in height, regardless of the zoning district.
No solid fences over 24 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 Code Enforcement Officer.
Barbed wire and electrically charged fencing are prohibited
in all districts, unless approved by a variance.
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 §§
294-5 and
294-7 above shall apply to such walls, including permit and approval by the Town's Code Enforcement Officer.
Swimming pools must be fenced in accordance with Section 303
of the New York State Property Maintenance Code, and any other applicable
statute or regulation, as well as the requirements of this article.
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.