1975-060 Fence Construction Policy2`7
RESOLUTION NO. 60
A RESOLUTION ADOPTINm A POLICY' FOR THE CONSTRUCTION AND ERECTION OF FENCES i~ITHIlrT
PUBLIC RIGHT-4F~WAY; AND PROVIDI1~TQr AN EFF~TIVE DATE 1+Y)R TSE CITY OF N~IAN,
ADA COUATTY, IDAHO.
WHEREAS, pursuant to 8esolutioa January 18, 1873, the City of Meridian and the
Ada County Highway District entered into an agreement whereby the City agreed to ~
responsible for the issiance of all permits pirsiant to the provisions of the
building codes of the City of Meridian for the constriction and erection of fences
(except constriction fences and barricades) within public right-of-way; and
WgEREAS, the Council at its regular meeting of November 3, 1975, upon recommend-
ation of the Department of Building, approved a policy for the eonstriction and
erection of fences within the public right-of-way.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF T~ CITY OF MERIDIAN, ADA COIINTY,
IDAHOs
NOW ARE, be it resolved by the Mayor and Council of the City of Meridian,
Idaho:
Section 1. That the policy for the permission to, and the conditions and restrict-
ions imposed by the permission to, constrict and erect fences within public right-of-
way, is hereby established as follows:°
(a) Where a sidewalk four, or more, feet wide exists, an applicant may construct
a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk
does not exist, the applicant must provide a reasonably level walkway not lase thaw
(1) five feet six inches (5'6~) wide if adjacent to a collector or arterial etreet~
or (2) four feet six inches (4'6n) wide if adjacent to a residential street, measured
from the back of the curb or curb lin®.
(b) The design of the fence shall receive prior approval of the Council and mist
be built in compliance with such prior approval and in accordance with plans and
specifications submitted to receive Council approval.
(c) Fenees sha11 not exceed four feet (4') in height in the front setback area
or six feet (6') in height elsewhere on property to be fenced, and shall otherwise
comply with the wing and building ordinances of City.
(d) The fence, regardless of the type or material used, shall. be built of
materials meeting Building Code requiremeate for stractural stability, fire resistance,
safety, etc.
(e) The fence and all appurtenant structures and/or footings shell be removed at
the expense of the property owner within thirty (30) days after proper notification by
the Mayor and Council to do so.
(f) The applicant shall furnish and naint~in ]3ability insurance in which City
shall tie named as the named insured in the mir~~,+~m amount of $~S,OOO.00 property
damage to any one person, $,yO,000.00 for personal 3n~uries to any one person and
$100,0.00 for personal injuries to persons per occurrence.
(g) All work, such as grading, seeding or paving between the proposed fenc® to be
erected on public property and the curb or street travel way, shall be at the expense
of the property owner aid in accordance with the requir~aent and specification of the
Ada County Highway District.
(h) If the Council approves the applicat3.+~n, the applicant must obtain a building
permit from the Department of Build3~g before commencing the constriction or erection
of said fence.
Section 2. That the right, privilege qad permission to construct and erect
a fenc® upon and within public right-of-way is subject to revocation at the will
of Gity, with or without notice, and any expense incurred by the applicant in the
construction and erection of a fence within public right-of-way she].1 be done at
the applicant's own expense and risk.
Section 3 That the applicant will, upon the approval by the Council of the
right, privilege aid permission to so constrict and erect a fence, execute as agree-
ment that he/she/it shall acquire no property or contractual right in and to such
public right-of-way. Whenever City or the Ada County Highway District deems it
necessary as a proper police measure to vacate and revoke such fence permit, the
applicant has no alternative but to comply with the order of revocation.
Section 4. That this Resolution shall be in full force and effect immediately
upon its adoption and apprroval.
ADOPTED by the Coumcilof the City of Meridian, o this 3rd day of November, 1975.
APPROVED by the Mayor of the City of Meru , I ,this 3rd day f Nove r, 1975.
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