HomeMy WebLinkAboutFence Policy Revisions 9-10-07.pdf
SECTION 9. FENCES AND WALLS (proposed)
The provisions of this section of this ordinance, unless otherwise
specified, shall apply to all fences, walls and other structures (other
than buildings) such as swimming pools which are erected above
the natural grade of the land. Any such improvement requires a
permit issued by the Village Building Commissioner.
These provisions shall not apply to terraces, steps, driveways, open
parking areas, in-ground swimming pools or other similar
improvements.
Further, in-ground and above-ground swimming pools (other than
small portable pools) shall be enclosed by protective fencing as
required by New York State law and pursuant to any permit issued
under the provisions of this section.
Walls, fences, or any structures in the nature of a wall or fence,
four feet high or less above the natural grade, may be erected
along the rear, front or side property lines of a lot.
Walls, fences, or any structures in the nature of a wall or fence,
more than four feet high above the natural grade, may be erected
when the front, side and rear yard setback requirements, which
apply under this ordinance for buildings, are met and satisfied.
Notwithstanding the above provision, fencing to discourage the
entry of deer onto residentially improved lots* will be allowed
subject to the following limitations. Special fencing materials such
as wire or polypropylene open mesh (opening size greater than or
equal to 1.75” x 1.95”) that provide unobstructed views through
the fence may be permitted.** For purposes of defining
“unobstructed views,” the mesh configuration in any fence
structure under this paragraph shall allow passage of no less than
90% light and view as compared with no such fence being erected.
Such fences at heights up to nine (9) feet above the natural grade
may be erected along a side or rear property line, but must meet the
front yard setback requirement for structures over four feet in
height.
Any permits issued under this section shall be subject to the
condition that the permitted fence, wall or similar structure is at all
times well maintained and presentable in appearance, failing
which, the permit previously issued shall be summarily revocable.
Upon revocation of the permit, the non-permitted structure shall be
removed by the property owner within thirty (30) days of receipt of
notice of the revocation. If the owner of the real estate subject to
the revoked permit shall fail to comply with the requirement of
removal, the Village Board of Trustees shall effect said removal
and assess the expense, including the time of supervising officials,
against the property.
All fences, walls and other above-grade structures legally existing
at the time of the enactment of this revised Section 9 shall be
(under the terms of the previous paragraphs) subject to: (1) the
requirements of being well maintained or removed by the property
owner after due notice, or (2) removal by the Village at the
property owner’s expense.
* (to be discussed)
** Alternative Language: Construction materials shall be in the
form of a mesh or other material that provides unobstructed views
through a fence at …. gauge.
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