(A) Any person desiring to commence construction of a new fence, deck or pool, before commencing any excavation, building or similar activity, shall file an application for a permit with the Building Commissioner with the following information:
(1) The name and address of the person applying for the permit;
(2) The name and address of all neighboring landowners and other parties of interest, as shall be determined by the Building Commissioner;
(3) A sketch of the construction planned;
(4) A brief narrative description of the structure being built, the methods and material to be used in construction, including whether any power equipment will be employed, and whether any impact on neighbors’ trees, shrubs, lawn, or other plantings or property are anticipated;
(5) The methods used to determine the location of the property line and compliance with the setback requirements set forth herein shall be described;
(6) The date of anticipated completion of the construction;
(7) Any other information required by the Building Commissioner reasonably necessary to effectuate this section; and
(8) The application fee, as established by the Town Council.
(B) (1) All fences, decks, pools, and other construction permitted hereunder shall be set back from the neighboring property lines, easements of record, and streets a minimum of ten feet, and the owner of thereof shall continue to be responsible for all maintenance up to the property line, unless the adjoining landowners shall file a joint application together with any and all documents, covenants, and agreements required to create a party fence agreement binding on the parties and heir successors in interest. In the event that a greater setback shall be required by any covenant, regulation, or other ordinance, such more restrictive setback requirement shall govern.
(2) A fence of six feet in height or less that does not create a visual barrier, such as a chainlink or woven wire fence with the post located on the permittee’s side of the property line, may be exempted from the setback requirements, but in no case shall a fence be constructed upon an easement.
(C) (1) No fence, wall, screen, or partition that creates a visual barrier greater than six feet in height abovegrade shall be permitted, unless written agreement from all neighboring landowners is submitted with the application.
(2) In the event that a neighboring landowner cannot be contacted, a return of certified mail to his, her, or their last known address as shown for the property tax purposes in the Auditor’s office showing the mail was undeliverable, together with an affidavit of the applicant showing diligent and good faith efforts to contact the landowner were to no avail, may be accepted by the Building Commissioner as a basis for the waiver or objection by the neighboring landowner.
(Prior Code, § 70-355) (Ord. 98.1, passed 7-20-1998)