Mapleton Fencing Policy - 5/19/08

  • The document below is a MHA Board approved version of the Mapleton Fencing Policy. It expands upon what is in the Rules and Regulations. The MHA Board approved this Policy at the May 12 Board meeting.
  • Fences can be installed only after MHA Management Committee approval, or Hast approval where MHA has given approval to Hast to make these decisions, following procedures already established for all improvement approvals as outlined in the Mapleton Park Rules and Regulations. The following Fence Policy isn’t designed to address all possible scenarios. The MHA Management Committee will have the final say on fencing considerations not addressed here (such as unusual locations, materials, etc.)
  • Fences – as the word is utilized below – include those fences intended to define a whole yard’s boundaries, whether for privacy or as a deer barrier or for aesthetic pleasure, and also fences intended to protect only a garden plot or other small area of the resident’s yard. Gates, unless specified elsewhere, for the purposes of this document are considered as a fence, or part of the fence.
  • Fences must be maintained in good repair and must meet city code with the following exceptions:
    Fences will not go six feet higher than the existing unaltered grade.
    If a resident is having problems with deer jumping the fence, as a last resort they are allowed to stretch a wire above the top of the fence with flags attached to distract the deer.

    Fences, hedges and other plantings must be set back at least 4 inches from sidewalks. This to ensure that snowblowers can pass by on the sidewalk without impingement by a fence. The exceptions:
    Where city public sidewalks exist and border a mobile home property, then the fence must be set back at least 18” from the sidewalk, per city code.
    If a fence is existing and is less than 4” from the sidewalk, you may be asked to move it by the Management Committee or Hast if it is reported as impinging on the ability of a snowblower to pass by, or if it juts into the sidewalk area for any reason.
  • Fences can be either “temporary” or “permanent”. Temporary fences are supported by metal stakes or other material that can be easily removed. Permanent fences are supported by posts which are embedded in concrete footings. Exception:
    No permanent fences will be allowed in areas of park still awaiting infrastructure improvements, except if one is already existing as of May 1, 2008.
  • Fences can be made of any “standard” fencing material (wire, wood, metal, etc). The structural integrity of the fence must be taut and resistant to being pushed around by plants and things lying against it. It must also be strong enough to withstand any wind and weather challenge.
  • No razor or barbed wire will be allowed.
  • Fences must not block neighbors’ windows or access to daylight. Nor can fences block access to neighbors’ utility shutoffs.
  • If fences are installed to be permanent (footings poured and used for structural integrity), posts and footings must conform to city code and can only be dug and poured after calling the Utility Notification Center of Colorado at 1-800-922-1987 to locate the underground utilities. Call 2 business days in advance before you dig, for the marking of underground member utilities.
  • The MHA Rules and Regulations say that that no fence be built along the emergency access corridor of your neighbor. If you are enclosing your property, then you can put a fence that terminates no c loser than 4 inches from your neighbor’s home. A separate auxiliary gate (or gates) must be installed to enable access to this corridor at both ends of the home if needed. This corridor is for emergency access and maintenance access by your neighbor.
  • Fences that are intended only to go around a garden bed do not need MHA management committee approval only if all the following conditions are met:
    The fence defines an area no larger than 75 square feet
    The fence is no higher than 6 feet
    The fence material is temporary in nature – metal stakes or other support posts that are pounded in and easily removed by hand
    The fence is farther than 4 feet away from the sidewalk, the property boundaries, the neighbors’ home, utility shutoffs and meters.
    The fence is rectangular or circular in shape.
  • Gates are to remain unlocked at all times. No lock of any kind will be permitted on a gate. Unfettered access to the yard (for human beings) must be maintained at all times without exception. The MHA or its representatives reserve the right to remove locks without discretion or prior notice and resident waives all claims against the MHA or its representatives for damages, whether consequential or otherwise, resulting from or arising out of the removal and/or destruction of the lock.
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