The Town of Colonie requires a fence/zoning permit from the Department of Building & Code Enforcement before installing a fence, with a plot plan showing fence location, height, materials, and distance to property lines. Pool barriers must additionally meet the NY State Uniform Code's ICC ISPSC requirements and are reviewed under the pool building permit.
Under the Town of Colonie Zoning Law, installation of a fence is regulated as a zoning matter and the Department of Building & Code Enforcement issues a fence/zoning permit before any fence is erected, replaced, or relocated. Applicants typically submit (1) a completed application form, (2) a plot plan or survey showing the fence's exact location relative to property lines, the existing house, and any utility easements, (3) the proposed height and materials, and (4) photographs or specifications. The 'finished' (smooth) side of the fence must face outward toward the neighbor under the standard Colonie practice consistent with most New York residential zoning codes. Fences crossing or close to lot lines must respect recorded easements (especially utility, drainage, and stormwater easements), and the property owner is responsible for verifying the lot line - the town does not survey the property. Pool barriers (see fences/pool-barriers) are reviewed concurrently with the swimming pool building permit because they must comply with the ICC International Swimming Pool and Spa Code as adopted by 19 NYCRR Part 1228 (the New York State Uniform Code). Permit applications that propose fences exceeding the height limits, fences in corner sight-distance triangles, or fences in front of required setback lines are referred to the Zoning Board of Appeals for variance.
Building a fence without a required permit is a zoning violation prosecuted in Colonie Town Court. Penalties under NY Town Law section 268 can reach $350 per day for a first offense and higher for repeat offenders. The town may issue a stop-work order, order removal of the fence, and refuse a certificate of compliance for related construction.
Colonie, NY
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Colonie, NY
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Colonie, NY
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Colonie, NY
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Colonie, NY
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Colonie, NY
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