CEDAR HILL PUBLIC IMPROVEMENT DISTRICT #1
AT HIGH POINTE
FENCE POLICY
1. Purpose
This policy governs the responsibilities and duties of the Cedar Hill Public Improvement District #1 at High Pointe (“CHPID#1”) and High Pointe homeowners with respect to the replacement and/or repair of any common area fences that are located on the homeowner’s property. This policy supersedes the policy adopted September 21, 1999.
2. Definitions
Common Area Fences
Common Area Fences that are located in the Cedar Hill Public Improvement District #1 at High Pointe are located either on private or public property. These fences are located:
On public and private property and in current fence and/or maintenance easements along New Clark Road, High Pointe Lane, Old Straus Road, Straus Road and Wintergreen Road.
On private property between back and side yards without current fence and/or maintenance easements along New Clark Road, High Pointe Lane, Old Straus Road, Straus Road and Wintergreen Road.
On public property owned by the City of Cedar Hill Parks & Recreation Department and the Cedar Hill Independent School District generally located behind High Pointe Elementary School and on the inside perimeters of Jesse Ramsey and J.W. Williams Parks.
Alley Fences
All alley fences are excluded from this policy except those on public property which includes the Bosher alley fence, the Cedar Valley/New Clark fence, and the Dennis alley fence.
The Bosher alley fence is adjacent and parallel to the Burlington Northern & Santa Fe railroad right-of-way (“ROW”); starting at Wintergreen and running north to the Cedar Hill City limits. This fence has a partial area which is not adjacent to an alley; 1532 Bosher, the detention pond, and 1560 Bosher. However, that portion of the fence is on public ROW and therefore maintained by the CHPID#1.
The Cedar Valley/New Clark alley fence starts at the rear property line of 1505 Allen, then west between Cedar Valley and the alley, thence north between New Clark and the alley terminating at Couch Lane.
The Dennis alley fence is on public ROW adjacent and parallel to Wintergreen and starts near Horton and terminates at Holveck. In the future, this fence may be extended to or near the railroad ROW.
Fence and/or Maintenance Easement (“Fence Easement”)
An easement in which the owner of the land burdened by the easement as defined in the property owner’s deed or executed thereafter whereby the owner retains the privilege of sharing the benefits of the easement with CHPID#1, the city and other entities for the purpose of maintaining or improving Common Area Fences. CHPID#1 is NOT responsible for any fences for which it does not have a legal, common area Fence and/or Maintenance Easement from the property owner.
Fence Type
A. Front Fence: all fences in the front of a homeowner’s property that run parallel to the front of the house. CHPID#1 is NOT responsible for any Front Fences which remain the sole responsibility of the homeowner.
B. Rear Fence: any fence that is in the rear of the homeowner’s property and runs parallel to the rear of the house. Rear Fences that are not Common Area Fences are the sole responsibility of the homeowner.
C. Side Fence: any fence that runs along the side of the house. Side Fences that are not Common Area Fences are the sole responsibility of the homeowner.
3. Responsibilities
CHPID#1 Responsibility for Common Area Fences:
If the Common Area Fence is in a state of disrepair due solely to normal deterioration and weathering, then 100% of the cost of the replacement and/or repair will be assumed by Cedar Hill Public Improvement District #1 at High Pointe.
Except as listed in this policy, fences on private property are the responsibility of the property owner. The CHPID#1 will not undertake any repair, replacement or construction of fences on private property without an executed and recorded fence and/or maintenance easement.
Fences on public property, including public property owned by the City of Cedar Hill Parks & Recreation Department and the Cedar Hill Public School District, may be repaired, replaced or constructed at the discretion of the CHPID#1 and as agreed to by the Cedar Hill Parks & Recreation Department and/or the Cedar Hill Independent School District.
Homeowners' Responsibility for Common Area Fences:
If the previous homeowner(s) or current homeowner(s) have been negligent in taking care of the fence as determined by the CHPID#1 Board (see examples of negligence in next paragraph), then the cost for replacing and/or repairing the Common Area Fence will be 100% the responsibility of the current homeowner.
Examples of Homeowner Negligence (not exhaustive):
· Raising the dirt level above the bottom level of the fence.
· Storing firewood or other items by using the fence for containment and/or support.
· Accidentally or purposely exerting force on any part of the fence with cars, trucks, sledge hammers, garden tools, etc.
· Using the fence for a storage wall.
· Any action which results in termite or other insect deterioration.
· Any damage caused by pets.
· ?Using the fence to support vegetation.
· Any alteration to the fence.
If residents have any questions about this fencing policy or their particular fence and/or would like to have their fence inspected to determine the application of this policy, please contact our District Manager c/o Cedar Hill Public Improvement District #1, P.O. Box 2436, Cedar Hill, TX 75106.
The above policy was adopted November 11, 2004 and supersedes the Fence Policy adopted by the Board on September 21, 1999.
