3.1 An Owner may construct or maintain a Division Fence, subject to compliance with the provisions of this By-law, any other By-law that related to fences, including the Town's Comprehensive Zoning By-law and Fence By-law, as amended or any By-law passed in substitution thereof.
3.2 Where the Owners of adjoining lands are in agreement or are able to reach an agreement on the details of construction or maintenance of the said Division Fence, each of them shall construct or maintain a reasonable portion of a Division Fence, or shall bear such proportion of the cost of any work required in connection with the construction or maintenance thereof, as is provided for in the agreement reached between the Owners, regardless of any provision to the contrary in this By-law.
3.3 Where the Owners of adjoining lands cannot agree or reach an agreement an Owner desiring to construct or maintain a Division Fence may do so subject to complying with the following requirements:
3.3.1 the Owner must deliver a "Notice of Intent" to the Adjoining Owner by registered mail, advising of his
intent to construct or maintain the Division Fence, a sample of which is attached to this By-law as Schedule
"A";
3.3.2 the Notice of Intent must contain, at a minimum, the following information:
i. a copy of three (3) written quotes for the Actual Cost and at least one (1) written quotes for the Basic
Cost for the fencing work to be undertaken;
ii. a paragraph stating that the construction or maintenance of the Division Fence will commence
fourteen (14) business days after the date of mailing of this "Notice of Intent" and the Owner may seek
a contributory payment for the work to the Division Fence from the Adjoining Owner in accordance with
this By-law;
iii. a further paragraph stating that the Adjoining Owner may obtain three (3) additional quotes for
presentation to the Owner not later than ten (10) business days from the date of mailing of the "Notice
of Intent"; and
iv. a complete copy of this By-law must be attached to the "Notice of Intent".
3.4 In cases where the cost of construction or maintenance of a Division Fence is in dispute, the cost shall be apportioned as follows:
3.4.1 the Adjoining Owner shall pay fifty percent (50%) of the Basic Cost or fifty percent (50%) of the
Actual Cost, whichever is the lesser, having considered all the fencing quotes exchanged; and
3.4.2 the Owner desiring to construct or replace the Division Fence shall pay the balance of the Actual Cost.
3.5 Once a fence has been constructed, the cost of maintenance to the Division Fence shall be borne equally by the Owner and the Adjoining Owner, in accordance with Section 3.4, save and except for the following exceptions:
3.5.1 the cost of repairs to a Division Fence shall be borne by the Owner if her or his invitees caused the
damage necessitating the repair;
3.5.2 the cost of repairs to a Division Fence shall be borne by the Adjoining Owner if her or his invitees
caused the damage necessitating the repair;
3.5.3 the cost of repairs to the Division Fence shall be borne equally by the Owner and the Adjoining Owner
if the damage necessitating the repair was caused by natural disaster; and
3.5.4 if a tree is thrown down by accident, carelessness, negligence, deliberate intent or otherwise, so as to
cause damage to a Division Fence, the Owner of the land on which the tree stood shall, at his sole expense,
forthwith remove the tree and maintain the fence.
3.6 Where the Town is the Adjoining Owner of lands, other than lands as described in Subsection 2.2, the cost of construction or maintenance of a Division Fence shall be assigned as follows:
3.6.1 the Owner shall pay 95% of the cost of work; and
3.6.2 the Town shall pay 5% of the cost of the work.
3.7 Where non-agricultural property abuts an agricultural property, the standard for fencing along the common boundary line between the two properties shall be the Basic Agricultural Cost. The remainder of the residential or non-agricultural property may be fenced to the Basic Residential Cost.