Resolutions-1997-021

13 – FENCING REQUIREMENTS 13.01 Fencing Requirements for Subdivisions as follows: A. At the time of approval of the final plat, the Subdivider of any subdivision which has a boundary abutting land used for agricultural purposes shall agree with the City to be responsible for the construction and maintenance of all fences between the subdivision and all land used for agricultural purposes. A required fence shall consist of either: 1. Not less than 26 inches of substantial woven wire on the bottom with three strands of bared wire with not less than 36 barbs of at least 2 points to the rod on top; the top wire to be not less than 48 inches, nor more than 54 inches high; or 2. Good substantial woven wire of not less than 48 inches nor more than 54 inches high, with one barbed wire of not less than 36 barbs of 2 points to the rod, nor more than four inches above said woven wire. These fence construction standards shall be considered the minimum standard to be required by agreements pursuant to this article. B. The Subdivider shall satisfy the following conditions regarding fences: 1. At the time of submittal of the final plat, the Subdivider shall submit a Subdivider's Agreement with the City that sets forth provisions for fence agreements with the owners of property adjoining the land included in the final plat. The fence agreement will specify the responsible party of fence construction and maintenance. 2. Required fence agreements shall at a minimum, contain the following: a. A statement that the agreement shall be binding on both parties, their heirs and assigns. b. A statement that the agreement shall run with the land. c. A termination clause effective upon the subdivision of the adjoining property for non-agricultural purposes. C. Prior to approval of the final plat, the subdivider shall submit copies of the recorded fence agreements with the owners of property adjoining the final plat. Where the owner of property adjoining the plat shall fail to enter into said fence agreement the City of Tiffin may nevertheless approve the final plat after the following condition has been satisfied: 1. The Subdivider's Agreement with the City states that the Subdivider is the sole responsible party for fence construction and maintenance for all fences abutting land used for agricultural purposes.