Some in Elburn unhappy with town’s new rules for fences

After the Elburn village board approved a new ordinance restricting where certain fences will be allowed, a number of residents in the Fox Pointe Subdivision have been unhappy about the changes — and their timing.

The biggest change to the ordinance prohibits privacy fencing, or solid fencing, which begins at ground level from being installed in the drainage/utility easements within residents’ yards.

The easements are within 10 feet of the lot line in the front and back, and within five feet on the sides of the lot line. That means fences will have to be inside of 10 feet in the front and the back of the lot and inside of five feet on the sides. Fences on corner lots must also be 25 inches from any sidewalk or right of way.

Residents who purchased homes in Fox Pointe but have not installed fencing will have to follow the new guidelines.

“We bought these homes with the old ordinance,” said Grant McDonald, a Fox Pointe resident who said his home is surrounded by neighbors with privacy fences and would prefer the same kind for their aesthetics. He said installing a privacy fence inside the easements would reduce his usable property by 20%.

Village Administrator John Nevenhoven said the installation of privacy fences within easements has in some situations interfered with the stormwater infrastructure and swales, causing pooling and flooding in yards. In addition, there have been situations where underground utilities within the easements had to be accessed, and the fencing made that harder, he said.

Even though the village has approved the modified ordinance, McDonald is still hoping for a different resolution. One suggestion he has offered is the use of maps for the utility boxes that would show the exact location of the various utilities.

Another option that had been considered by the village was to allow the privacy fences to be built in the easement, given a comprehensive inspection by the village engineer, who could verify the fence wouldn’t substantially block the drainage paths. The homeowner would be charged a higher fee, about $525, for this inspection at the time of permitting.

Resident Nikki O’Malley said her neighbors have vinyl fences allowed in their easements. She said hers was going to look “bizarre.”

“I don’t want the Amazon guy or just anyone driving down the street to be able to see my children playing in the yard, and now we’re being penalized for that,” she added.

However, village officials say continuing to allow fences in easements risks problems.

“Some manholes can’t be opened due to fencing built directly over them,” Trustee Matt Wilson said.

“People don’t see the bigger picture until there are problems,” added Trustee Sue Filek.