The Madison Park Association, Inc. Board of Directors is providing the following set of guidelines, which are intended as guidelines only, to assist Owners within the Madison Park Association in determining the appropriate type, size, and location for proposed fences. Following the guidelines does not eliminate the requirement to submit a written request prior to work beginning.
All owners of Lots within Madison Park Neighborhood Association are strictly required by Article 6 and 7, particularly Section 7.10 of the Declaration of Protective Covenants for Madison Park Association (“Declaration”) to obtain the prior written consent of the ARB (Architectural Review Board) before installing any fence or fence-type barrier of any kind upon a Lot. All applications to the Board are governed by Article 6 of the Declaration, which provides that no exterior structure or improvement shall be made unless plans and specifications showing at least the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved in writing by the ARB. The ARB is responsible for making the final determination on the installation of all fences.
A. No front yard of any Lot shall be fenced.
B. No Chain link fences shall be installed on any lot.
C. No fence shall be greater than six (6’) feet in height or less than three and a half (3 1⁄2’) feet in height.
D. All fences shall have a uniform pattern along the top line (i.e. dog eared, scalloped, bordered lattice, etc.)
E. All framing shall be installed to the interior of the fence, such that the framing is not visible from outside the lot.
F. All fences must have a uniform finish, which finish must conform to the subdivision standards. No other colors will be permitted. All fences must be regularly maintained by washing or cleaning. No fence shall be allowed to reach a state of disrepair. The homeowner understands and agrees that final approval for fence is conditioned upon the Owner properly maintaining that fence and the Owner agrees to comply with future requests of Association to do so.
G. All fences must be installed within the boundaries of Lots to conform to all governmental setbacks and other regulations, if any, as well as any requirements of the Declaration or the recorded plats for the community. Maintenance of the exterior face of fences should be considered by Owners when determining the precise location of the fence within the property lines.
H. No fence shall be installed forward more than the mid-point of the sidewall of the house. However, variances may be granted, in the sole discretion of the Board, to allow access to the side door, enclose an air conditioning condenser unit, or similar items. When planning a fence that begins at the midpoint of the sidewall of the house, special attention should be given to:
Drainage issues- do not obstruct the drainage flow as it exists.
Location of underground utilities.
Electric and gas meters. Access must not be restricted such that they cannot be read.
Air conditioning units and exterior hose bibbs. Side yards from the mid-point of the house toward the street will not typically be approved for fencing.
I. Any boundary dispute shall be resolved between the disputing Owners, and shall not be the responsibility of the Board or Association.
J. Corner lots are a special situation. Corner lots are considered to have two front yards, therefore front yard rules apply to the yard adjacent to both adjacent streets on the corner lots. As a general rule, fences are not allowed in front yards due to fence construction being prohibited forward of the rear corners of the house. However, consideration may be given by the Board to the back yard fenced area yielded after rear corners are used and whether the house is situated square with the streets or diagonally placed. The ARB may also consider which street the house faces for address purposes and what appearance results from the other street side. In any event, the fence should be no closer to the side street than the building setback line required by the development plans of the subdivision.