Fences, hedges and walls shall be allowed upon any residential property within the town, subject to the following conditions and requirements.
(A) Walls or fences may be made of rock, brick and mortar constructed under industry accepted standards of masonry. Fences may also be constructed of ornamental iron, chain link, wood picket, solid wood and fence plastic, as generally used in the geographical area. No other style or material may be used without the written consent of the Town Superintendent, or designated officer or agent of the town, including use of plywood, pressboard, waferboard, chipboard, cardboard, aluminum, wood pallets, tarp material, black plastic or similar materials or styles. Further, no fence shall be constructed of barbed wire or sharp pointed materials, be electrically charged or be visibly displeasing or objectionable to the general public.
(1) Temporary electrical fences surrounding garden areas in back portions of private lots may be used, only during the growing months.
(2) Temporary fencing including the use of wood or plastic snow fence for the purposes of limiting snow drifting between November 1 and April 1, protection of excavation and construction sites, and the protection of plants during grading and construction and during special events is permitted for up to 60 consecutive days. Snow fences constructed of wood and wire and/or plastic shall be permitted only as temporary fences.
(B) Hedges may be grown of any plant, bush or tree typically used as a hedge; provided that, the hedge is trimmed and complies with all applicable town ordinances.
(C) All fences, hedges and walls shall be subject to the applicable sections of any ordinance of the code of the town.
(D) No fence, hedge or wall shall be placed upon town property, including any easement used by or granted to the town, without the written consent of the town through its designated officer or agent.
(E) It shall be the responsibility of the property owner to locate all property lines prior to the placement of a fence, hedge or wall.
(F) Fences, hedges or walls shall not exceed four feet in height when such fences are located within the front yard of the landowner’s property or within 25 feet of the town streets. Side and backyard fences shall not exceed eight feet in height. In no event shall a fence, hedge or wall obstruct the vision of automobile traffic on town streets, driveways or alleys, as determined by the town. Fences may extend to 12 feet in height for tennis courts, or other approved recreation purposes if a visual safety problem is not created by doing so.
(G) Any such fence, hedge or wall which was constructed prior to the adoption of this subchapter shall be allowed to remain where located unless the town determines that the placement of the fence, hedge or wall constitutes a safety problem, public nuisance, restricts the vision of automobile drivers and bicyclists turning on a public street, turning into or out of an alley, is not constructed of approved material, or the placement of the fence, hedge or wall interferes with a town ordinance, policy or proper exercise of the town police power. In such case, the town shall give written notice to the owner of the fence, hedge or wall notifying the landowner to remove the fence, hedge or wall for the reasons given, such notice to direct the fence, hedge or wall to be removed within 30 days of the date of the notice.
(H) Any such fence, hedge or wall may not bock the natural flow of water and have no restrictions to drainage or storm water on the property.
(I) All fences located around the back lots of properties must allow access by gate to the town-owned electrical meters and all other town-owned utilities. It is the property owner’s responsibility to replace and or repair their fence if the town needs access to repair or replace any and all utilities.
(J) Any and all fences, landscape walls or decorative posts shall be erected so as to locate visible supports and other structural components toward the subject property.
(K) Any and all fences, landscape walls or decorative posts shall be maintained in a structurally sound and attractive manner as determined by the Town Superintendent or designated officer or agent of the town.
(Ord. 2-2009, passed 9-2-2009) Penalty, see § 150.99