[HISTORY: Adopted by the Town Board of the Town of Clarence 8-18-1993.
Amendments noted where applicable.]
The purpose of this chapter is to promote the health, safety and welfare
of residents by regulating fencing in the Town of Clarence.
As used in this chapter, the following terms shall have the meanings
indicated:
The Building Inspector.
A barrier enclosing a yard and/or a swimming pool and used to prevent
entrance, to confine or to mark a boundary.
A structure intended for bathing, swimming or diving purposes, made
of concrete, masonry, metal or other impervious materials.
A.
Any private swimming pool shall require a construction
permit. The application must be obtained from the Building Department.
B.
The completed application must be accompanied by a permit
fee as determined by the Town Board and by a site plan which must show the
height and location of the swimming pool in relation to all other structures
and buildings and in relation to all streets, lot property lines and yards.
C.
Swimming pools shall not be located in the front yard
and shall not be located less than ten (10) feet from any lot line. The existing
grade of the property shall not be altered within five (5) feet of the property
line. The pool shall be located at least ten (10) feet from the rear or side
of a dwelling.
A.
Plumbing. All plumbing and drainage connected with the
installation shall comply with the State Building Code as then in force and
effect at the time of application.
B.
Electrical. An electrical inspection shall be obtained
by the designated inspection agency.
C.
Lights. Lighting nuisances shall be prohibited. No artificial
lighting shall be maintained or operated in connection with any swimming pool
presently constructed, installed or hereafter constructed or installed in
such a manner as to unreasonably interfere with the occupants of neighboring
property.
A.
General requirements. Outdoor swimming pools shall be
provided with an enclosure which shall comply with the following:
(1)
It shall be at least four (4) feet in height and have
a maximum vertical clearance to a grade of two (2) inches.
(2)
Where a picket-type fence is provided, horizontal openings
between pickets shall not exceed three and one-half (3 1/2) inches.
(3)
Where a chain link fence is provided, the openings between
links shall not exceed two and three-eighths (2 3/8) inches.
(4)
Enclosure shall be constructed so as to provide the nonclimbable
face visible to neighboring properties.
(5)
Such enclosure shall have railings and posts within the
enclosure, which shall be capable of resisting a minimum lateral load of one
hundred fifty (150) pounds, applied midway between posts and at top of posts,
respectively. Enclosure fence material or fabric shall be capable of withstanding
a concentrated lateral load of fifty (50) pounds applied anywhere between
supports on an area twelve (12) inches square, without failure or permanent
deformation. Gates provided in the enclosure shall be self-closing and self-latching,
with the latch handle located within the enclosure and at least forty (40)
inches above grade.
(6)
A wall of a dwelling is permitted to serve as part of
the enclosure under the following conditions:
(7)
Fencing requirements must be maintained concurrent with
construction. Temporary fencing which meets the intent of this chapter may
be used during the construction period.
B.
Exemptions.
(1)
Aboveground pools with at least an average of forty-six
(46) inches between pool decking or pool top and adjoining grade are exempt
from the requirements of this section, provided that access to the pool can
effectively be restricted when the pool is not in use.
(2)
A pool less than twenty-four (24) inches deep is exempt
from the requirements of this chapter.
Enforcement shall be by the Code Enforcement Officer from the Building
Department.
Any person who shall violate this chapter shall be guilty of an offense
and, upon conviction, shall be subject to a fine of not less than one hundred
dollars ($100.) and not more than two hundred fifty dollars ($250.) for each
and every offense. Each week of violation shall constitute a separate and
additional violation. Notwithstanding the penalty hereinabove provided, the
Town of Clarence may enforce obedience to this chapter or any part thereof
by injunction to restrain such violations.
Within forty-five (45) days of the adoption of this chapter, it shall
be unlawful for any person in possession of land within the Town of Clarence,
be it the owner, purchaser under contract, lessee, tenant or licensee, who
at the adoption of this chapter has a swimming pool meeting the definition
aforesaid to maintain said pool without a fence meeting the requirements as
set forth herein. However, in the event that said person has an existing fence
at the time of the adoption of this chapter, he may make application to the
Town of Clarence Building Office for approval of the existing fence. The Code
Enforcement Officer, at his discretion, may grant approval of existing fences
which substantially comply with this chapter. In any event, said application
for the approval of existing fences must be made within forty-five (45) days
of the adoption of this chapter, and, in the event that an existing fence
is disapproved, said person shall have forty-five (45) days from written receipt
of his disapproval thereof to comply with this chapter. No permit fee shall
be charged for preexisting conditions.
