Fence Ordinance

State:
Multi-State
Control #:
US-M-9584
Format:
Word; 
Rich Text
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About this form

The Fence Ordinance form provides a template for municipalities to regulate the installation and maintenance of fences within their jurisdiction. This document outlines the requirements for obtaining a permit, defines key terminology, and establishes penalties for non-compliance. Unlike general construction permits, this form specifically addresses fencing, making it essential for property owners and builders to ensure compliance with local regulations.

Key components of this form

  • Prohibition and Permit Requirement: Fences can only be installed after obtaining a permit from the township's Building Department.
  • Definitions: Key terms such as "Property Owner," "Fence," and "Building Department" are defined for clarity.
  • General Requirements for Fence: Specifications regarding materials, height limitations, and maintenance standards for wooden, metal, masonry, and plastic fences.
  • Issuance of Permit: Details on how property owners can apply for a fence permit, including necessary documentation and fees.
  • Hardship Cases and Appeal: A process for property owners to appeal decisions or seek relief from strict ordinance requirements when necessary.
  • Penalty: Specifies the fines or imprisonment associated with violations of the ordinance.
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When to use this form

This form should be used when a property owner or builder intends to install or modify a fence on their property and needs to ensure compliance with local regulations. This includes cases where the property is near a public right-of-way, where certain materials are proposed, or when the height exceeds standard limitations. Following this ordinance helps avoid legal complications that can arise from unauthorized fence installations.

Intended users of this form

  • Property owners looking to install a fence on their residential or commercial property.
  • Builders and contractors responsible for erecting fences on behalf of property owners.
  • Municipal officials involved in the review and approval of fence permits.

Completing this form step by step

  • Identify the property owner and their contact information.
  • Determine and describe the type of fence to be installed, including materials and height.
  • Prepare a general plan showing the proposed location of the fence on the property.
  • Submit the completed application along with the required permit fee to the Building Department.
  • Await review and approval from the Building Department before commencing installation.

Notarization guidance

Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.

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Common mistakes

  • Failing to obtain a permit before starting construction.
  • Ignoring specific height or material restrictions set forth in the ordinance.
  • Not providing a detailed plan or description of the fence with the application.
  • Neglecting to maintain the fence according to municipal guidelines once installed.

Benefits of using this form online

  • Convenient access to a legally vetted template that saves time and effort.
  • Editable format allows for customization to meet specific local requirements.
  • Reliable source of information ensures compliance with municipal regulations.

What to keep in mind

  • The Fence Ordinance form ensures proper regulation and oversight of fence installation in local communities.
  • Following the outlined procedures is critical for avoiding legal issues related to property modifications.
  • Understanding local variations in the ordinance is essential for compliance.

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FAQ

Your jurisdiction may have laws about how far back a fence needs to be set on your property, which is typically 2, 4, 6 or 8 inches from the property line. Other areas will allow you to go right up to the property line.

FREQUENTLY ASKED QUESTION. Fence ownership: Who owns which fence? Is it true that every house owns the fence on its left side, as you look at it from the street? There is no general rule about whether you own the fence on the left or the fence on the right of your property.

The law says that owners must share the cost of building a sufficient dividing fence between your properties. This means that if your neighbour wants a fence, but you do not, you are still responsible for sharing the cost of building it.

There is no general rule about whether you are responsible for the boundary fence on the left or right or rear of the property. If your property is registered at the Land Registry you can obtain what is called an 'office copy' comprising a title plan and register details.

If the structure is classified as fire resistive rated, it may be located closer than five (5) feet, but it shall not be located closer than three (3) feet from the property line.

Provided your fence is definitely within your property lines and complies with neighborhood regulations, you may not actually be required to talk to your neighbors about it. Still, it's common courtesy to askand it could save you future legal trouble if it turns out your neighbor wants to dispute your fence.

A general rule (not sure if your neighbors abide to it) is to build the fence 1-2 feet inside your property line.Your neighbors could have even blocked you from getting a fence because of easement right between yards, all things to look up before this endeavor.

Who owns the dividing fence? In most states, if you and your neighbour are both owner-occupiers, you share equal responsibility for the dividing fence on your land. Generally, that means you pay an equal share of the cost of a 'sufficient' fence. The definition of 'sufficient' differs from state-to-state.

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Fence Ordinance