[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 1-14-2020 by L.L. No. 1-2020]
Notwithstanding any other chapter, article or section of this Code, deer fences shall be permitted as a barrier to exclude deer from private residential property in the Village, subject to the standards and process set forth in this chapter.
The Board of Trustees hereby finds that the proliferation of the local deer population in and around the Village of Old Field has created a growing problem affecting private property and public health. Village residents have reported increased incidents of severe illnesses caused by ticks, which are hosted and transported on deer. Residents have also reported deer destroying local habitats and residential landscaping. The Board of Trustees has resolved to enact the following legislation in an effort to help mitigate these impacts on Village residents and to protect the public health, safety and welfare.
The Board of Trustees is hereby authorized and empowered to decide applications for permits for the installation of deer fences on residential property in the Village.
A complete application pursuant to this chapter shall first be referred to the Deer Fence Advisory Committee, which shall issue an advisory report and recommendation to the Board of Trustees within 30 days after the Village Clerk forwards copies of the complete application to the Committee members.
On every application pursuant to this chapter, the members of the Board of Trustees shall review and consider the advisory report and recommendation of the Deer Fence Advisory Committee and may adopt the Committee's report and recommendation in whole or in part in the Board's discretion. However, if the Committee fails to issue its report and recommendation within the thirty-day period allotted in Subsection B, the Board of Trustees shall be free to act upon the application. The Board of Trustees has the power to impose reasonable conditions on all approvals pursuant to this chapter.
A complete application shall consist of:
A completed application for a building permit to install a deer fence on a specific property in the Village;
A survey prepared by a licensed land surveyor, which may be an existing survey or one prepared in conjunction with the application, depicting the location and layout of the proposed deer fence on the subject real property;
A manufacturer's specification, representative photograph, or drawing of the materials comprising the proposed fence; and
A permit fee of $500.
The Board of Trustees may request that any applicant attend a meeting before the Board to answer questions concerning the application and to present samples of the applicant's proposed fence materials.
An applicant granted permission pursuant to this chapter shall obtain a building permit before installing the approved deer fence. Except as otherwise provided herein, applications for building permits for deer fences shall be processed and approved in the same manner as all other building permits issued by the Village Building Inspector.
No deer fence shall be taller than eight feet, except that support posts may be up to nine feet tall. If a deer fence is installed on top of a wall or another fence, as an extension or otherwise, the total height of the barrier shall not exceed the foregoing height restriction.
Any deer fence installed adjacent to a public or private road or public place shall be installed with adequate vegetative screening to shield it from public view.
Deer fences shall be constructed of materials generally accepted in the industry for the construction of deer fences and shall be colored to blend in with surrounding vegetation or landscaping, as the case may be. In selecting the materials and colors for a specific deer fence, the applicant shall give specific consideration to the effectiveness of the materials, concealment of the fence, and associated aesthetic impacts. In no event shall a deer fence be constructed of razor wire, barbed wire, chicken wire, cloth, canvas, or electrically charged fencing.
All deer fences installed in the Village shall comply with the intersection visibility requirement set forth in § 121-23 of the Village Code.
The Board of Trustees and Deer Fence Advisory Committee shall consider the following factors on every application pursuant to this chapter:
Whether the proposed deer fence will have an adverse visual or aesthetic impact on public roads or spaces, or on adjoining properties in the Village.
Whether the proposed deer fence will be adequately screened to mitigate adverse visual or aesthetic impacts.
Whether the deer fence, as proposed, would present a public health or safety hazard.
Whether the deer fence will result in some other negative impact on the surrounding environment.
There is hereby established in the Village the "Deer Fence Advisory Committee." The Committee shall serve in an advisory capacity to the Board of Trustees on applications pursuant to this chapter.
The Committee shall consist of five members, all of whom shall be current residents of the Village.
The Committee members shall be nominated by the Mayor and appointed by a majority vote of the Board of Trustees. The Mayor shall select a Chair from among the appointed members who shall serve in that capacity at the Mayor's pleasure.
Committee members shall serve at the pleasure of the Board of Trustees and be removed by the Board of Trustees by a majority vote.
The Committee may set its own internal rules and procedures.