[Durham INC] FW: Notice for TC1100003, Fences, for October 11 Planning Commission

[Pat Carstensen]

THe revisions allows higher fences for homeland security, tennis courts, and utilities.  Utilities can also use razor wire (and similar stuff)
The planning director can no longer make exceptions
There are new regulations on electric fences, regulated in agonizing detail as below:

Electric Fences 
1. Applicability and Approvals. The construction or use of an electric fence for other than animal control shall be allowed only as provided in this section. The construction or use of an electric fence under this section shall not be considered development for purposes of Sec. 3.7, Site Plan Review. It shall be unlawful for any person to install, maintain, or operate an electric fence in violation of this section. 2. Uses and Locations. 
a. Electric fences shall be allowed only in conjunction with uses defined as government facilities in paragraph 5.2.4D, Government Facilities, as utilities in paragraph 5.2.4J, Utilities, or as Class B outdoor storage in paragraph 7.5.3C, Class B Outdoor Storage, except as otherwise authorized pursuant to paragraph c below. 
b. Electric fences shall be located only in the following zoning districts: Industrial Light (IL) District, Industrial (I) District, Science Research Park (SRP), and Industrial Park (IP), except as otherwise authorized pursuant to paragraph c below or if associated with a government facility as defined in paragraph 5.2.4D, Government Facilities, or a utility as defined in paragraph 5.2.4J, Utilities. 
c. An electric fence may be allowed in conjunction with a use or location not otherwise authorized by this section if it is required or authorized by an agent of the U.S. Department of Homeland Security for public security purposes. 
3. Electrification. 
a. Power Source. No electric fence shall be installed or operated with a power source other than a storage battery not exceeding 12 volts direct current, charged primarily with a solar panel; provided, however, in case of inclement weather or other conditions that inhibit the ability of the solar panel to fully recharge the battery, a charging device may be utilized for such purpose, if connected in a manner that ensures that the charging device cannot provide a source of power to the fence. In no case shall an electric fence be connected to any other electric power source. 
b. Electricity. 
i. In addition to the requirements of paragraph 9.9.2D.3a above, the electric charge produced by an electric fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electro technical Commission (IEC) Standard No. 60335-2-76, latest edition. 
ii. The electric fence system shall regulate voltage, pulse, and amperage at all times. 
iii. The electric fence system shall contain a cut-off switch capable of disconnecting the electric fence in its totality from all energizers near each key box required under paragraph 6, Key Box, below. Such switch shall be clearly marked and easily observable and accessible to emergency and enforcement personnel. 
iv. A lightning diverter/arrestor shall be installed between an electric fence and its energizer. 
v. No individual section of an electric fence shall be connected to more than one energizer. vi. An energizer shall be connected to a dedicated ground system. 
vii. All energizer ground system cables shall be properly insulated. 
viii. An energizer ground system shall not be connected to any building or plumbing system, and must be located at least ten (10) feet from buried pipes, wires, or other utilities of any kind. 
ix. Electric fence wire shall not exceed 10 gauge in size. 
x. Electric fence wires shall be spaced a minimum of four (4) inches apart. 
xi. Barbed or razor wire shall not be used in any electric fence system. 
xii. Electric fence wire shall not come into contact with any vegetation or loose material on the ground. 
xiii. Each component of an electric fence shall be of consistent materials throughout the fence (e.g., wires must be all steel or all copper, insulators must be all plastic or ceramic, etc.). 
xiv. Electric fence cabling and wires shall not be connected to an overhead power line post. 
xv. An electric fence shall not interfere with overhead utility lines or the maintenance of those lines. 
xvi. An electric fence shall not affect the transmission of power, telephone, radio, television, or data. 
xvii. An electric fence shall be located to prevent nearby power lines from affecting the performance of the fence. 
4. Perimeter Fence and Height. 
a. Perimeter Fence or Wall. An electric fence shall be completely surrounded by a non-electric fence or wall at least six (6) feet in height. A perimeter fence or wall adjacent to a residential district or use shall be opaque. The lowest portion of a perimeter fence or wall shall be buried or follow the natural terrain such that no space exists between the ground and the fence or wall. 
b. Spacing/Clearing. An electric fence shall be separated from the perimeter fence or wall by four (4) to eight (8) inches or more than three (3) feet except at gate openings. Except at gates, no part of a perimeter fence or wall shall contact the electric fence. The area between the electric fence and perimeter fence shall be kept clear of landscaping, shrubbery, other fences, and material of any kind. 
c. Height. An electric fence shall not exceed ten (10) feet in height, and shall be at least two (2) feet taller than the surrounding perimeter fence. 
5. Warning Signs. Warning signs shall be posted on each perimeter fence or wall surrounding an electric fence as follows: 
a. Signs shall be a minimum of twelve (12) inches by six (6) inches in size, and lettering shall be a minimum of one (1) inch high. b. Signs shall state “Danger – Electric Fence Inside” or “Warning – Electric Fence Inside” in English and Spanish and contain the following symbol: 
c. Signs shall be black or black and red on a white or yellow background. 
d. Signs shall be placed along the entire length of the perimeter fence or wall, spaced a maximum of twenty-five (25) feet apart; but in no instance shall there be less than one (1) sign per side of the perimeter fence or wall. 
e. At least one (1) sign shall be placed on any vehicle or pedestrian access gate. 
f. Signs shall be placed no higher than four (4) feet above the ground. 
6. Key Box. 
a. A key box with entry key shall be installed at one or more locations as determined by the City Fire Department or County Fire Marshal as appropriate. 
b. Type of key box, type of key, installation, and maintenance shall also be as determined by the City or County Fire Marshal as appropriate. 
7. Inspections 
The City or County as appropriate, or a third party designated by the City or County, may conduct inspections with notice and may enter the premises for such purpose with permission. 


Subject: Notice for TC1100003, Fences, for October 11 Planning Commission 
Date: Mon, 26 Sep 2011 16:40:29 -0400
From: Wade.Griffin at durhamnc.gov



Please be advised of the upcoming proposed changes to the text of the Durham Unified Development Ordinance (UDO):  Text Amendment TC1100003 proposes revisions relating to fences to the following sections of the Unified Development Ordinance:  Sec. 9.9, Fences and Walls. This text amendment would create standards for electric fences other than fences erected for animal control. It would confine the electric fences to appropriate zoning districts and associated uses, and increase the allowable fence height. This amendment would also revise the fence height and materials standards for utilities and create homeland security exemptions where necessary. The relevant City and County departments were involved in the creation of this amendment.  The Durham Planning Commission will hold a public hearing on TC11000003 on Tuesday, October 11, 2011 at 5:30 p.m. in the City Council Chambers at 101 City Hall Plaza, 1st Floor.  The text of the proposed change will be posted online at www.durhamnc.gov/council/ord_changes/.  Agenda documents will be available under “Schedule” at http://www.durhamnc.gov/departments/planning/planning_commission.cfm.  Interested parties may appear at the public hearing.  Substantial changes to the proposed action may be made following the public hearing. For more information please contact Teri Danner, 560-4137 x28246; Teri.Danner at DurhamNC.gov. Notice Under the Americans with Disabilities Act - A person with a disability may receive an auxiliary aid or service to effectively participate in city government activities by contacting the ADA Coordinator, voice 919-560-4197, fax 560-4196, TTY 919-560-1200, or ADA at durhamnc.gov, as soon as possible but no later than 48 hours before the event or deadline date.  Wade GriffinPlannerDurham City/County Planning Department101 City Hall PlazaDurham NC 27701Phone: 919-560-4137 x28229Fax    : 919-560-4641www.durhamnc.gov/departments/planning  		 	   		  
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