Village of Sands Point, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point 11-21-2000 by L.L. No. 4-2000. Amendments noted where applicable.]
GENERAL REFERENCES
Swimming pools — See Ch. 149.
Zoning — See Ch. 176.

§ 83-1 Title.

This chapter shall be known and may be referred to as the "Village of Sands Point Fence Law."

§ 83-2 Purpose.

It is found and declared that the unregulated erection and maintenance of fences within the village, excluding tennis court and pool fences which are separately regulated,[1] may cause a detriment to the community and surrounding properties. It is further found that regulations set forth in this chapter are required to prevent the following:
A. 
Negative visual impacts to the community and surrounding properties associated with solid stockade, opaque and chain link fences located within property front yards.
B. 
The erection of fences at locations that impede the visibility of motor vehicles.
C. 
The existence of fences that are poorly maintained, dilapidated or made of such materials that they pose a potential physical danger to persons or property, or cause a negative visual impact to the community and surrounding properties.
[1]
Editor's Note: See Ch. 149, Swimming Pools, and § 176-76, Tennis courts.

§ 83-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
FENCE
Any artificial structure, regardless of composition, that is erected or maintained for the purpose of dividing a single piece of land, enclosing a piece of land or to demarcate the boundary lines between land parcels. This definition shall include the term "wall" as it is commonly used.
FRONT YARD
For purposes of this chapter only, that portion of the yard in front of the front building line of any existing or proposed principal dwelling or structure on property within the Village of Sands Point.
HEIGHT
The distance measured from the existing grade to the top of the fence.

§ 83-4 Application for permit; fee; issuance.

A. 
Any person or persons, corporation, firm or association intending to erect a fence shall make application for a permit to the Building Inspector before any work is commenced. Said application shall be accompanied by the required fee, a plan or sketch showing the proposed location of any fence on a survey and a description of the materials proposed for such fencing.
B. 
Upon submission of the completed application and permit fee, the Building Inspector shall issue a permit for the construction of the proposed fencing if he determines that it complies with the requirements of this chapter and any other pertinent local law regulating construction within the village, and will not adversely impact the general health, safety and welfare of the community and surrounding properties.
C. 
Upon completing the construction of any fence approved by this chapter, the applicant shall submit an updated survey reflecting the addition of the fence.

§ 83-5 Location restrictions.

A. 
No fence, including but not limited to any solid stockade, opaque or chain link fences, shall be erected in the front yard of any property, except as permitted under this chapter.
B. 
Boundary line fences may be constructed directly along the side and rear boundary lines of the property. Side boundary line fences may extend into the front yard. No boundary line fences may be constructed along the front property boundary line, except for those fences which are exempt under this chapter.

§ 83-6 Height limitations.

[Amended 1-23-2007 by L.L. No. 1-2007]
No fence shall exceed four feet in height, with the following exceptions:
A. 
Entrance gates and piers utilized in conjunction with a driveway and located within fifteen feet of the lot line of such driveway shall be no more than six feet six inches.
B. 
Any fencing located within four feet of a lot line may not exceed six feet six inches in height.
C. 
Estate fencing (metal fencing comprised of horizontal rails and vertical pickets) used for a pool enclosure shall be no more than four feet six inches in height.

§ 83-7 Prohibited fencing materials.

[Amended 5-22-2001 by L.L. No. 4-2001]
The following fences and fencing materials are prohibited.
A. 
Barbed wire.
B. 
Electrically charged fences.
C. 
Expandable fences and collapsible fences, except during construction of a building.
D. 
Plastic sheeting or other similar materials.

§ 83-8 Chain link fences.

All chain link rear and side yard boundary line fences, as permitted under this chapter, shall be erected with the closed loop at the top of the fence.

§ 83-9 Facing of fence; fence posts.

Any fence hereinafter erected shall have the finished side facing the street or neighboring property. All poles and supports for such fences, whenever possible, shall be located on the property owner's side of the fence and shall not be visible from the neighboring property or street.

§ 83-10 Required maintenance; visibility at intersections.

A. 
All fences shall be maintained in good repair, shall be structurally stable and shall not create a negative visual impact on the community or surrounding properties.
B. 
No fences shall be erected or maintained as to render the visibility of motor vehicle operators unsafe at street intersections, driveways or curbs.

§ 83-11 Exempt fences.

A. 
The following fences are exempt from the provisions of this chapter, provided that they are not so constructed as to obstruct the vision of motor vehicle operators or to create hazards to public safety:
(1) 
Temporary fences erected at construction sites for the purpose of security and protection and which have been approved by the Building Department.
(2) 
Fences erected at the order of police officers, fire officials or the Village Building Department for the protection of the public.
B. 
The following fences are exempt from the provisions of § 83-5 of this chapter, provided that they are not so constructed as to obstruct the vision of motor vehicle operators or to create hazards to public safety:
[Amended 5-22-2001 by L.L. No. 4-2001]
(1) 
Picket fences and the like having no more than a two-to-one ratio of solids (slats) to voids (openings); however, there shall be no opening less than 11/2 inches wide separating the slats of the fence through which air and light may travel.
(2) 
Split-rail fences.
(3) 
Masonry walls, comprised of brick, stone or stucco walls, not to exceed three feet in height.

§ 83-12 Preexisting fences.

Nonconforming fences existing before the effective date of this chapter may be maintained or repaired in accordance with § 89-10 above, but may not be replaced.

§ 83-13 Penalties for offenses.

Any person, firm or corporation, or his or her or its agent, servant, workman or employee, violating any of the provisions of this chapter shall be punishable by a fine not exceeding $250 and/or imprisonment for a term not exceeding 15 days. Each day's continuance of a violation shall be deemed a separate and distinct offense.