[HISTORY: Adopted by the Village Board of the Village of Browntown 8-15-2006 by Ord. No. 00.07.18.2006. Amendments noted where applicable.]
This chapter describes the requirements and limitations for erecting decorative or privacy fences within the Village of Browntown.
A. 
Before construction begins, the installer shall call Diggers Hotline®, and all other local utilities, to avoid striking or rupturing underground utilities. A utility company employee will mark the location of underground electric, sewer, telephone, and cable lines in your yard.
B. 
Failure to follow the safety requirements can be life- threatening.
Metal stakes are used to mark each corner of each lot. Property markers shall be located before construction of the fence begins. Three ways to find property line stakes are:
A. 
Talk to the neighbor;
B. 
Use a metal detector;
C. 
Hire a surveyor.
Fences must adhere to the following requirements:
A. 
If survey markers cannot be located or no longer exist, the fence must be located two feet off the property line agreed upon, in writing, by both landowners. In the event survey markers are later found or installed, the fence shall be moved if it encroaches on the actual property line.
B. 
Fences may be erected on the property line with a fence permit and approval of all parties involved. Fences must be maintenance-free or have removable panels so they can be maintained without trespassing on the adjacent property. If parties cannot agree, fences shall require a four-foot setback from the lot line with a fence permit and approval of the Planning Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Side and rear yard fences in residential areas shall not be over eight feet in height from grade and shall not exceed traffic sight lines (see Chapter 285, Zoning). Decorative fences not exceeding 30 inches from grade to top of highest point of the fence may be erected at but not on the property line. Maintenance can be achieved by reaching over the fence.
D. 
Barbed wire or electrical fences shall not be erected or maintained within any and all residentially zoned areas of the Village. Variances shall be obtained for agricultural properties with livestock.
E. 
Fence shall not be installed within a dedicated greenway (shrubbery, etc.)
F. 
Fences shall not be installed in utility easements designed to convey stormwater drainage without specific permission of the Village Board.
G. 
Fences shall maintain the following clearances under the State Electrical Code:
(1) 
Horizontal clearance of six feet from overhead electric conductors; vertical clearance of eight feet below overhead electric conductors.
(2) 
Contact the electric service provider before erecting any fence within 10 feet of a ground-mounted power transformer.
Living fences shall be planted so that they may be trimmed without entry on abutting lands. Species shall determine distance, but in no case shall any shrub or plant be planted less than three feet from their center to the lot line. The property owner shall trim shrubbery to maintain any traffic line-of-sight height requirements as well as preventing it from encroaching on sidewalks.
A. 
Purpose.
(1) 
Fences, walls, hedges, trees, bushes or other obstructions serve properties by providing privacy and security, define private space and enhance the design of individual sites. Fences also affect the public by impacting the visual image of the streetscape and the overall character of neighborhoods.
(2) 
The purpose of these regulations is to achieve a balance between the private concerns for privacy and site design and public concerns for enhancement of the community appearance, and to ensure the provision of adequate light, air and public safety.
B. 
Fence regulations.
(1) 
Permit required. In all cases, a permit is required from the Browntown Planning Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Front yards (from the front setback line of the zone to the front property line). Fences or other similar structures, walls, hedges, trees, or bushes shall not exceed four feet in height except as regulated in the sight triangle area requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Interior lots, rear and side yards (behind the front setback line of the zone to the rear property line). Fences or other similar structures, walls, or hedges can be erected up to a height of eight feet. Any fence over six feet up to a maximum height of eight feet must have engineering by the contractor installing the fence or from the supplier of the fencing materials and approval of the Planning Commission.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4) 
Corner side yards.
(a) 
On corner lots, the side yard adjacent to the street may have a fence, wall, or hedge that is allowed up to a height of eight feet, with Planning Commission approval. All fences may be placed on the edge (private property side) of the sidewalk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(b) 
Sight triangle area requirements must be met in all cases.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The penalty for violation of any portion of this chapter shall be a fine of $50 for the first offense, and the fence shall be corrected or removed; for the second and subsequent offenses, the penalty shall be a fine of $250, and the fence shall be corrected or removed.