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HomeMy WebLinkAboutSection 9. Fences and Walls (proposed).PDFSECTION 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, ffi&y 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 thirfy (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 properfy. A11 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. H130 1 6\001\Fence Policy Revisions 9- I 0-07.doc