[HISTORY: Adopted by the Board of Trustees of the Village
of Spencerport as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-6-2007 by L.L. No. 1-2007 (Ch. 127, Art. I, of
the 1988 Code)]
For many years, property owners have constructed obstructions
(such as wooden fences, small accessory structures and landscaping)
upon land which has public utility easements. When the public utility
needs to gain access to the property, sometimes in emergency situations,
access is impaired, resulting in the delay in repairs and maintenance
to the utility installed in the easement area. If the Village or other
utility provider removes the encroachment, then the private property
owner demands that the fence, accessory building or landscaping be
restored at no cost to the property owner. Additionally, property
owners who choose to leave their utility easement area open and unfenced
often do not maintain the utility easement on their lot and allow
an overgrowth of vegetation or, at the other extreme, elaborate landscaping
which also prevents access to the easement by the Village or other
utility provider. All of these actions have increased the costs either
to the Village or other utility provider to maintain, repair and restore
services.
The purpose of this article is to protect the use of public
utility easements and rights-of-way for their intended purposes and
to maintain, repair and replace utilities located in public utility
easements at the lowest cost to the consumer.
This article is intended to address existing and future fences,
landscaping and structures.
A.
Fences, landscaping and structures in existence at the time of the
adoption of this article.
(1)
To reduce the maintenance, repair and installation costs of utilities
to all consumers, the Village shall not restore nor pay any restoration
or replacement costs for any encroachment placed upon a public utility
easement or right-of-way that is removed in an emergency situation
or, in nonemergency situations, after notice has been given to the
property owner to remove the encroachment and grant access for utility
service.
(2)
The Village also encourages all private utility company service providers
not to restore any encroachment nor pay any restoration costs after
notice has been given to the property owners to remove the encroachment
and grant access to the public easement or right-of-way for utility
service.
(3)
Notice for nonemergency service of utilities shall be at least 48
hours and be delivered in written form to the affected property owner.
Should the property owner not be on the premises, said notice shall
be affixed to the premises and mailed to the address for mailing of
real property tax bills. Where immediate access is required, an attempt
should be made to notify the property owner and occupant, but if circumstances
require, the service may proceed without such notice.
(4)
If the property owner fails to remove the encroachment after notice
from the Village or other utility provider, the service provider shall
remove the encroachment and complete the utility service. The area
excavated shall be filled or backfilled. It shall be the property
owner's responsibility to restore any structure, fencing or landscaping.
Additionally, any accessory removed from the public easement or right-of-way
shall not be restored upon the easement or right-of-way unless the
property owner obtains a revocable permit from the Village prior to
construction or reconstruction. Upon presentation of a copy of the
notice to remove the encroachment for utility service, the cost of
the building permit shall be waived. Under no circumstances shall
restoration or replacement of a fence or other structure upon the
public easement or right-of-way include any concrete footing or masonry
or concrete foundation, unless authorized by the issuance of a revocable
permit.
(5)
Fences or structures which were constructed without a permit shall
be considered to have been constructed after the effective date of
this article. Further, nothing contained herein shall be construed
to grant or imply approval to fences or structures preexisting this
article which were constructed without a permit.
B.
Fences, landscaping and structures constructed or created after the
time of the adoption of this article.
(1)
The official policy of the Village Board is to discourage the placement
of fences, landscaping and structures within utility easements. It
is recognized that, in some circumstances, it is necessary that, for
the reasonable use and enjoyment of the premises, fences, landscaping
or other structures be placed within easement areas.
(2)
The following standards shall govern the placement of fences, landscaping
and structures within easements:
(a)
Any fence constructed in an easement shall be constructed to
have the minimum impact on the free exercise and use of the rights
in the easement by the Village or other utility.
(b)
Every fence which crosses an easement so that access to the
easement cannot be gained without crossing the fence shall be constructed
in such a manner so that it can be easily removed or shall be constructed
with gates which can be opened to gain unimpeded access to the full
width of the easement.
(c)
Only chain link fences will be permitted.
(d)
Every fence which crosses a surface drainage easement shall
be constructed so that it will not trap debris on or under the fence
by providing a minimum clearance between the bottom of the fence and
the ground surface of at least four inches and shall be no more than
four feet high.
(e)
Trees or other landscaping capable of blocking access shall
not be planted in the easement area so that free access to the utility
easement is possible.
(f)
Permanent structures other than fences shall not be placed in
easement areas.
(3)
An application for a building permit to construct a fence in an easement
shall be submitted to the Building Inspector together with:
(a)
A copy of the instrument survey of the property showing the
location of the easement. Tape location maps are not acceptable.
(b)
A complete copy of the easements which impact the property.
Complete copies may be obtained from the Monroe County Clerk's
office either in person or online.
(c)
An instrument survey map of the parcel of land showing the proposed
fence, removable panels, gates and related improvements with all proposed
dimensions, proposed locations of improvements and their measured
distances from boundary lines and existing improvements. The instrument
survey map shall show the location of the proposed improvements, existing
improvements on the parcel of land, and the boundary lines of the
parcel of land. Said instrument survey map shall be accompanied by
an elevation of the proposed fence, gates, and related improvements.
The elevation shall also show the proposed method for anchoring the
fence in the ground, the amount of clearance from the ground, the
dimensions of all proposed improvements and demonstrate that the removable
panels are no wider than 10 feet wide.
[Added 3-5-2008 by L.L. No. 2-2008]
(d)
Cut sheets from the manufacturer of the fence and gates showing
the design details of the proposed fence and gates.
[Added 3-5-2008 by L.L. No. 2-2008]
(5)
Should the committee unanimously agree that the construction of a
fence will not be a significant detriment to the purposes of the easement,
the committee shall recommend that the construction be permitted and
shall impose such conditions as are consistent with this article.
(6)
Should the committee fail to agree to grant the permit, the permit
shall be denied.
(7)
Upon denial, the applicant may request that the Village Board of
Trustees review the denial considering the following:
(a)
The standards set forth in this article.
(b)
The Village Board shall solicit and consider comments from the
Superintendent of Public Works, Electrical Superintendent and the
Building Inspector prior to approving or denying the application.
(c)
The Village Board may solicit input from the Village Engineer
or other experts, including that of the applicant's engineer
or design professional.
As a condition of a permit being finally issued, the approving
committee or the Village Board shall require the property owner, prior
to construction, to execute and record in the Monroe County Clerk's
Office, at the property owner's expense, a waiver and indemnity
agreement in substantial compliance with Appendix A to this article.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
Any approval granted hereunder shall be subject to revocation
after a public hearing upon receipt of written notice from the Superintendent
of Public Works, Electrical Superintendent or Building Inspector that
the fence, structure or landscaping, as constructed, interferes in
the reasonable access and use of the easement.
Nothing contained herein is to be construed to allow the Village
Board to approve a fence, landscaping or other structure in an easement
area where such use is specifically prohibited by the terms of the
easement.
Nothing contained herein is intended to alter or modify any
easements not involving the Village of Spencerport or public utilities.
Failure to comply with any of the provisions of this article
shall be a violation and, upon conviction thereof, shall be punishable
by a fine of not more than $250 or imprisonment for a period of not
more than 15 days or both, for the first offense. Any subsequent offense
shall be punishable by a fine of not more than $1,000 or imprisonment
for a period of not more than 365 days or both. In addition, any permit
issued pursuant to this article shall be revoked upon conviction of
a second offense and the subject fence, structure or landscaping shall
not be eligible for another permit. Each day that a violation occurs
shall constitute a separate offense. The owners of premises upon which
prohibited acts occur shall be jointly and severally liable for violations
of this article.
In the event that this article conflicts with any other law,
rule or regulation, the one which is the most restrictive shall govern.
