Why are there restrictions on fences?

We value the aesthetics of an open community with unobstructed lines of sight and plenty of space for wildlife to roam freely. We live in a very safe neighborhood and the houses are constructed on large lots with ample space between them. Fences are generally contrary to these ideals.

What fences are allowed?

According to the Franklin Valley Declaration of Restrictions and architectural guidelines, fences must conform to the following guidelines:

• Fences may be no more than 4 feet in height.
• Fences must be constructed from permitted masonry materials or wood.
• Wood fences must be of a “ranch style split rail” or picket design.
• Fences may not be wire (“chain link”).

Fences meeting the above criteria may be constructed without approval by the Franklin Valley Association Board. A permit from West Bloomfield Township is still required. If you are building a fence and are not sure if your design meets the architectural guidelines, please contact the Board by e-mailing board@franklinvalley.org.

What if I want to build a fence that differs from the architectural guidelines?

Any homeowner wishing to construct a fence that does not satisfy all the architectural guidelines must request approval from the Franklin Valley Association Board before beginning construction.

Will the Board approve my fence design?

The Board will likely approve most fence designs that are 4 feet in height and “semi-private” style (meaning that the fence is not a solid wall but has some degree of see-through).

Examples of fences that may gain Board approval are a semi-private vinyl fence or a “shadow box” style wood fence. See the images below.

The Board will not approve fences greater than 4 feet in height, even if the fence is a semi-private style.

What happens if I build a fence without getting approval from the Board?

If you construct a fence that does not follow all the architectural guidelines, and you do not get Board approval for the fence, then you are in violation of the Franklin Valley Declaration of Restrictions. Section 22 of the Declaration states:

“Violation of any restriction or condition or breach of any covenant or agreement herein contained shall give Franklin Valley, Inc., in addition to all other remedies provided by law, the right to enter upon the land upon which such violation or breach exists and summarily to abate and remove, at the expense of the owner thereof, any erection, thing or condition that may be or exist contrary to the intent and meaning of the provisions hereof, and Franklin Valley, Inc. shall not thereby be deemed guilty of any manner of trespass for such entry, abatement or removal.”

The Board would prefer not to follow this course of action. We would rather work with you to find a solution by which the fence can be modified in such a way that it will be approved by the Board.

I see other houses in the neighborhood with 6 foot privacy fences — why are they allowed?

Most of these fences are older than the current Board’s memory. It’s possible that these fences were approved by a previous Board, or they were constructed without Board approval and the previous Board did not take action in response to the violation. These fences are considered “grandfathered in” — they are permitted because they pre-date the current Board’s policy on fences.

I have really strong reasons for building a 6 foot privacy fence; why can’t the Board just approve it?

The Board’s duty is to enforce the architectural guidelines in a fair and consistent manner. This helps to maintain the ideals of the community described above and gives our neighborhood greater appeal to prospective residents.

If you are a current resident, the Board is happy to meet with you and listen to you express your reasons. However, it would be unequitable for the Board to approve 6 foot privacy fences for some people and not others. We will gladly discuss alternate fence designs that may be sufficient for your needs and also gain approval from the Board.

If you are a prospective resident, and a 6 foot privacy fence is an absolute must-have, we recommend looking for a home in one of the many communities that does allow 6 foot privacy fences.