[HISTORY: Adopted by the Town Board of the Town of Moreau at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any structure regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.
- FRONT YARD
- Applies to that portion of the yard in front of the rear building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as a "front yard" for purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.
- The distance measured from the existing grade to the top of the fence.
No fence, wall or other type of construction shall be erected without the approval of the Building Inspector and/or Code Enforcement Officer. The Building Inspector and/or Code Enforcement Officer shall secure approval of the Superintendent of Highways and the Bureau of Fire Prevention, where applicable.
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Building Inspector and/or Code Enforcement Officer on a form provided by the Building Inspector and/or Code Enforcement Officer. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence, the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent local law regulating construction within the town, and be accompanied by an appropriate fee. Upon approval by the Building Inspector and/or Code Enforcement Officer, a permit shall be issued which will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper town officials.
No fence shall be more than eight feet in height at the rear of homes or buildings situated in a residentially zoned district, which fence shall not extend forward of the rear building line of any existing or proposed building. No other fence or portions of a fence shall be higher than 48 inches. This restriction shall not apply to construction in all zoning districts.
Any fence erected under this chapter shall be placed at least six inches from any property line. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk, but in no event may it be less than one foot back from the front line and/or property line.
Any fence, wall or similar structure as well as shrubbery which unduly cuts off light or air which may cause a nuisance, a fire hazard or a dangerous condition or an obstruction to combating fires which may affect public safety is hereby expressly prohibited. Further, no fence shall be erected in a front yard in a residential district or along a public right-of-way unless the fence is uniformly less than 50% solid.
The following fences and fencing materials are specifically prohibited:
All chain link fences erected shall be erected with the closed loop at the top of the fence. All other fences shall be erected with the finished side facing the nearest adjacent property line, where applicable.
All entrances or gates shall open into the property.
Notwithstanding the provisions of this section, the Building Inspector and/or Code Enforcement Officer may issue a permit for the construction of a security fence for commercial and industrial properties, upon due application to and approval by the Building Inspector and/or Code Enforcement Officer of the Town of Moreau. The Building Inspector and/or Code Enforcement Officer may deny such application if it is found that the application for such fence is not appropriate and is unnecessary. Upon such denial, the applicant may appeal the decision of the Building Inspector and/or Code Enforcement Officer to the Planning Board of the Town of Moreau by notice to the same within 30 days of such denial. In the event that the Planning Board substantiates the denial of the Building Inspector and/or Code Enforcement Officer, the applicant may resort to proper legal proceedings according to the statutes of the State of New York.
All fences or walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with visibility on corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
The Building Inspector and/or Code Enforcement Officer, Superintendent of Highways or Bureau of Fire Prevention shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall hedge or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply with the written direction of the Building Inspector and/or Code Enforcement Officer or Superintendent of Highways or Bureau of Fire Prevention shall be guilty of a violation of this chapter and shall be subject to its penalties.
The provisions of this chapter shall not apply to any fences erected pursuant to any other legislation of the town.
Any person, firm or corporation or his or her or its agent, servant, workman or employee violating any of the provisions of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or both. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.