This chapter describes the requirements and limitations for
erecting decorative or privacy fences within the Village of Browntown.
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:
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.
[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.