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HomeMy WebLinkAboutFencing Ordinance.PDFPage 1 of2 Norma Manning From: Sent: To: sally grubb [sally.grubb@gmail.com] Sunday, June 20, 2010 11:53 PM Kate Supron Gc: elizabeth mount, elizabeth mount; Norma Manning Subject: Fencing Ordinance Attachments: background.rtf; quotes for the Board June z0.dob; definitions forVHC.rtf; New Fence ordinance'rtf I am pleased that the Village Trustees and members of the Planning Committee are meeting together to discuss possible changes to the Village zoning ordinance. As I am sure you will remember, last year ago, ElizabethMount and I gave a presentation to the Village Tlrstees about the need for changes to the fencing ordinance and made proposals for a new ordinance. Since that time we haveieceived a lot of feed back from many different people and interested groups in the Village and, as a result, have Ohanged our suggestions significantly' I beiieve we have already sent cofies of our proposals to dll of you, but I am pleased to send them to you again. I am sorry I was unable to attend the last Trustee meeting when you decided to extend the moratoriurn on the implermentation of the current ZonrngOrdinance for a further 90 days, and am sony I will be unable io attend your meeting tomorrow. I understand that you will be discussing temporary modifications to the fence zoning ordinance wltrigh have been proposed by Mayor Supon. I also understanrl these modifications arc very sinirilar to the proposals that Elizabeth Mount ancl I made last year, with the significant differencp that the Mayor's proposals allow higher ternporary fences to be erected only for a period of 5 years' I hope you will consider Mayor Supron's proposals very seriously with a view to adopting them' fhey address the needs of gardeneis who want to protect the whole of their property while *uitirrg for the planned reduction in deer numbers. Their temporary nature helps address the .or""rix 0f villigers who do not like fences, believe they will destroy the open patk-like nature of the village, uJ fo.". deer to jump into the road and cause accidents. While I would prefer our proposals for permanent fencing, I believe Mayor Suiron's solution is workable' It will give .rr"ryon. the chance to see how fences work and what they look like. I do not believe it will cause rnore accidents as deer shy away front yard fences and bound into the road' Rather the reverse. Ilences along'liriphammer Road between Comr4unity Corners and Jessup Road are in fact likely to stop deer walking across this road. And I believe people will realize that open work fences w-ill not spoil the view or destroy the park-like nat'ure of the community. In fact a recent review of'the village shows that the landscape is primarily wooded on the steeper slopes with suburban gardens elsewhere and very little open park la4d anywhere' 0612112A10 Page2 of 2 The proposals will not have any impact on the reported aggression of deer towards animals and small children. I am not surprised to learn of a dog dying from wounds received from a deer. They do indeed become aggressive in the fawning season and will do anytiiing they can to protect their young. If one approaches a fawn too closely deer with paw the ground, lower their heads and even charge. This bihavior stops when the fawn is old enough to move around freely and to follow its mother. Deer attacking d6gs is not an anomaly, merely a totally naturalresponse to their need to protect their young Attache<| to this email is a copy of our proposed new fenco ordinance, the reasons for the proposed changes, quotes we have received over recent months fror4 many concerned villagers, and, perhaps most important gf all a proposed definition of a fence, At the present time anyone wishing to put up a fence of any height anywhere on their property must receive a pQrmit. However there is no definition of what constitutes a fence. While it is clear thattht four foot high wire netting staked on the edge of the property line is a fence, it is not so clear whether netting round an individual tree should be considered a i.tr... At the present time we only have the Zoning Officsrs 'rule of thumb' to decide whether a permit is needed "t ttot. If a permit is not needed for netting around one tree ,what about two ttees, and what about a whole vegetable patch? It is unreasonable to expeqt the Zoning Office to make these decisions without a clear definition. And without a definition how do villagers know that what they think is merely protective netting is in fact a fence needing a permit? please seriously consider and then adopt Mayor Supron's proposals. Following this pleased amend as necessary to be in tine with the Mayor's proposals, the proposed definition Elizabeth Mount and I have researched and written based on the Town of Ithaca definifion' iutty CrutU 104 Midway Road Ithaca,NY 14850 607 25'/-6t017 0612U2010 Background on Justification for updating the ordinance The VCH must define a fence or a wall before it can establish clearly written, enforceable regulations. Under NyS law, fences do not require building permits. Because fences are included in VCHI zoning ordinance, a zoning permit is required before a fence is erected' The addition of more homes with mature trees and dense shrubbery in the VCH since the 1g50s, means a fence ordinance, written at a time when this was a village of open views, is no longer aPPlicable. It is currenly onlv the owners of large properties who have the space to build 8' fences with the curient lbgal setbacks and still have the full use of their yards. villagers are currently allowed hedges up to and over 8' high on property lines' Villagers should be allowed fences of the same height' All property owners, as of right, should be allowed to erect deer fences on their property lines, with a permit, as sugg-ested in the proposed new fence ordinance at the end of this document. T'he zoning ordinance is badly written particularly regarding fences. lt is not clear that a g"n"it is n"eedecl if a fence meets the zoning regulations. No mention is made of a zoning permit being required for fences. R ie-rleading of the ordinance, past articles from Thet Currief, and Slate iegulations does not help as State regulations say building pernnits are not required for fences, and the only instructions for obtaining permits in our .rdinance are fo,r building permits. So with Brent not currently enforcing the zoning ordinance for fences because of various mayors' instructions to prioritize his time on rnore pressing matters, and his practice of ignoring "temporary" fences, it is not surprising that people hlve not been applying for permits before putting up fences' while deer fencing should not be considered as a solution to the deer problem in vcH' it certainly goes a tJng way towards mitigating the effects of deer on plants and yards' -[he Trustees voted to accept the draft recommendations of the DRAC' These included a recommendation to examine and amend the VCH Fence Ordinance' 'The following nrray be subject to revision by the Village lawyer, engineer or trustees hellore it is adoPted. eUOTES from Frustrated Village Gardenels, Neighbors and Pedestrians . I do not want to tive behind an 8 foot solid fence. But there are creative ways to put up fencing that is 90% see through s'o that the ctimate of the neighborhood can be maintained' . At least one prominent landscaper says she wilt not design a new, serlous perennial bed in the village for anyone who it; not prepared to put up a fence' . I do not want a fence that exctudes passers by or separates me from my neighbors. Ihis is why I put up an openwork fence, without which I could not oarden. L'ike modit Villagers, my husband and I are proud of our yards, happy to smre tnem witfwisinrs, anA onry bo eagerlto point them out in our real estate ads' . Many of us itre not prepared to wait years while the divided population grg:les about what if anything to do about the problem and to have our taxes raised permanently for a "possib.l.e'.' and "eventual" solution' Many of the fabutous gardens in our vittage could benefit from the currently available and minimally obtrusive deer fences - and even have trees and-bushes ptanted to totalty ebscure the fences from view as I have. . To say, ',let them plant deer resistant plants" is ridicutous - as those of us who have spent thousands on this wett know. Deer are very adaptabie and wilt eat viftuatty anything when their favorites are unavailable . When t finalty put up my fence, I was amazed fo see plants flourish t didn't even remember I had! . I have a smalt yard, and ftad to give up growing vegetabtei because I couldn't fence the plot following the se/backs that are part of the village ordinance. . I hate to just sit around and wait for the board to make up its mind white my yard fills up with scat and ticks' Who knows when their controversial program wilt start, m'ucih less when it might take effect? I'd far rather buitd whatever kind of fence t can aiord"than to be taxed fot a program l don't support' And I want to build it soon, before I lose heart, and have it be LEGAL' . We hae a choice; don't fence because we lover our natural park, or fence to keep the deer from eating up the park. What a heartache this has been. . lt,s somewhat ironic to m,e that some of the people who love to drive arund the village, admiring the homes and gardens, are the same> people who are o,pposed to our right to protect and maintin the beauty that they enjoyl I have even shareA planits from my garden with neighbors and restdenfs who no oppose my right to protect it. . lf we are to compty with existing Vitlage fence regulations, our garden would have to be moved into the shadow of e:xisting trees and we could grow nothing at all' Definitions of Fences and Walls: Shoutd be entered both in that part of the Zoning Ordinance which refers to fences, and on a new page in the ordinance referring to Definitions, as follows: Fence or Wall - Any, artificially constructed, vertical structure, of any material or cornbination of materials, including a gate that is part of the structure, that is designed to enclose land, divide land, mark a boundary, limit access to or direct passage across land, screen structures or land, protect against a potentialhazard, or serve a decorative purpose. A freestanding arch or arbor shall not be considered a fence or wall even it is meets the criteria in thiJdefinition unless it is attached to a fence or wall when it shall be considered a part of that fence or wall. For the purpose of this ordinance, any fence surrounding indiviclual shrubs or trees and enclosing an area less than 6ft by 6ft, or with a diameter of 7ft, shall be excluded from these regulations. Retaining Wall -,An artificially constructed, vertical or inclined structure designed to restrict the movement of soil, fill material, or water, stabilize soil or fill material, retard erosion, or terrace a parcel or site. Deer Fence - A fence commonly used to protect gardens, vegetation and yards from deer anrj constructed src that at least 60% of its face is open when viewed straight on. Not withstanding the foregoing, chain link fences shall not be considered deer fences under this article even if they meet the criteria in this definition. For the purpose of this orcliniance, any deer fence surrounding individual shrubs or trees and enclosing an area less than 6ft by 6f1t, or with a diameter of 7ft or less shall be excluded from these reg;ulations. Eiamples of appropriate fencing materials may be obtained from the Village Engineer's Office. The Height of Fences and walls will be measured from the natural grade level with any berm, r"t"ining wall, or any other structure upon which the fence is placed being included in ther height oT ttre fence. Examples of how me?surements are taken may be obtained from the Village Engineer's Office Aclapted from the Town of lthaca local law ameqding fence and wall requirements, Ot;tober 5, 2009 Zoning Permits Zqninf permits are required for everything regulated under the provisions of the Village of Cilyuga Heights Zoning Ordinance except where exclusions are noted' Proposed All-New Village of Gayuga Heights Fencing Ordinance: Zoning Permits are required for ALL fences to be erected on any part of the "Set Back Zone';which is the area of a property that lies between the building setback line (see sectictn 6 page 39) and the property line. o Fences up to four feet high may be erected anywhere on a property right up to the property line. . Fences up to B ft high may be erected anywhere on a property when set back to the same yard requirements as for buildings, namely 25ft back from the front property line and 15 ft back from the side and rear property lines. o Deer fences up to 8 feet high are permitted in any location on the side or rear of a property right up to the property line provided they are constructed of materials which allow the sum total of the fence to be 60% open when viewed straight on. . Existing or newly proposed fences and walls up to 4 ft high on the front, side and rear property line may be extended to B feet high provided the extending material is 90% open and any supports are inside the fence. o Deer fences up to B ft high may be erected right up to the front property line provided they are constructed of materialb which allow the sum total of the fence to be 60% open when viewed straight on'