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HomeMy WebLinkAbout2012VCHll9info.pdfPage 1 Kathryn D. Supron, Mayor Mary E. Mills, Clerk Angela M. Korbel, Deputy Clerk Joan M. Mangione, Treasurer Brent A. Cross, Engineer Village of Cayuga Heights MARCHAM HALL 836 HANSHAW ROAD ITHACA, NEW YORK 14850 (607) 257-1238 fax (607) 257-4910 February 2012 Property owners in the Village may wish to know the process by which Local Law 9 that amends the Village’s fencing ordinance will be enforced. The new local law was passed on November 14, 2011. The full text of the law may be referenced under laws and ordinances at www.cayuga- heights.ny.us/doc/2011LL9.pdf What follows below: a) summarizes the new law’s key provisions; b) explains how to obtain the permit that is required for all fences over 4 feet in height; and c) outlines further action to be taken to ensure fair application of this new Village legislation. Working with the Village staff, the Board of Trustees has come up with the following timetable. Please keep in mind that dates are tentative and dependent on work schedules and weather. The Fencing Law  Fencing up to 4 feet and constructed of any material is allowed anywhere on a property with no building or zoning permit required.  All fences over 4 feet -- regardless of location -- require a zoning permit.  Regarding location and materials: fencing over 4 feet that meets a 25 feet setback requirement from the property line in the front yard and a 15 feet setback requirement from the property line in the side and rear yard may be constructed of any material with a zoning permit.  Fencing over 4 feet at a side or rear yard property line facing a roadway must also meet the 25 feet setback requirement.  Fencing over 4 feet in a side or rear yard not facing a roadway will be permitted up to the property line if constructed of material that is 90% open (see-through), not brightly colored and must be similar in color.  Exclosure fencing is allowed around single trees or groups of shrubs or plants within the 25 feet front yard setback (or roadway-facing setback area) provided the fencing does not exceed 75% of the total linear property line.  Exclosure fencing over 4 feet in height must also be at least 90% open (see-through), and all materials must be similar in color and not brightly colored.  Exclosure fencing erected from November 1st to May 1st is exempt from the permit requirement. Page 2 How to Obtain a Fencing Permit  Applications for permits are available at the office of Superintendent of Public Works Brent Cross in the Village Hall at 836 Hanshaw Road and on-line under Code Enforcement at www.cayuga-heights.ny.us/doc/Permit Application.pdf  Permit applications are reviewed by Supt. Cross in person during walk-in office hours: 9- 11am Monday, 11am-1pm Wednesday, and 9-11am Friday or other times by appointment.  The permit-related walk-in meeting usually takes 15 minutes and requires a map indicating the location of the fence on the property. This map can be a surveyor’s map or a site plan prepared to scale. If no such map or plan is available, Supt. Cross will help you find or make one. A permit will usually be issued or denied at that time.  There is a $25 application fee that will be waived for anyone seeking a permit for an existing legal fence before December 31, 2012. If You Have an illegal fence In early March a letter will be sent to the owners of properties with illegal fences that have been identified as the result of a survey completed this winter. As required by law, owners of illegal fences will have several options:  Take down or modify the illegal fence  Notify Supt. Cross of intention to take down or modify a seasonal fence by May 1st, or to take down or modify an illegal fence by a specified date subject to verification  Apply for a variance to the Zoning Board of Appeals as the result of being denied a fencing permit www.cayuga-heights.ny.us/doc/ZBA Application.pdf  A decision to pursue a zoning appeal should be discussed with Supt. Cross who can answer questions relating to the process during the walk-in hours noted above.  A $100 fee is charged for a zoning appeal, the application form is also available on-line at www.cayuga-heights.ny.us/doc/ZBA Application.pdf.  The March letter will ask the owners of illegal fences to let Supt. Cross know by the end of the month what option or options they are considering. In closing, the Village Board hopes the above information will be helpful. As always, your questions and comments addressed to the Mayor, the Trustees or staff are encouraged.