(A) (1) Whenever a proposed subdivision will average more than two lots per gross acre, included in the subdivision, the Commission shall require the subdivider/developer to install a chain link fence at a minimum height of six feet and slatted for opacity.
(2) Wherever a proposed subdivision lies adjacent to or between other subdivisions or existing residential uses of similar size and/or density, or if any adjoining landowner can demonstrate that the erection of said fence will adversely affect the use, enjoyment or value of his or her property, the Commission shall have the authority to waive said requirement.
(B) (1) The subdivider/developer shall draft and record a covenant running with the land separately or in the subdivision plat stating that: “Following installation of the fence, (as set forth in § 155.072), the individual subdivision lot owner/s of the (Name) Subdivision shall be physically and financially responsible for ordinary maintenance and necessary replacement of the fence for the entire length of said fence on his/her/their/its lot and/or property.”
(2) The enforceability of this covenant, through legal action, shall inure to the benefit of the subdivider, the purchasers of lots in the subdivision and any owner of real property that adjoins said subdivision.
(Ord. passed 6-5-1991; Ord. 2001-9, passed 7-9-2001)