[HISTORY: Adopted by the Board of Trustees
of the Village of Fair Haven 9-8-2008 by L.L. No. 2-2008. Amendments noted where
applicable.]
This chapter shall be known as "Local Law No.
2 of 2008, a local law regulating the construction of fences in the
Village of Fair Haven."
The purpose of this chapter is to promote and
protect the pubic health, welfare and safety by regulating existing
and proposed fencing of all types in the Village of Fair Haven. It
is intended to protect property values, promote economic and business
climate, enhance and protect the physical appearance of the community,
preserve the scenic and natural beauty and provide a more enjoyable
and pleasing community. It is further intended hereby to reduce obstructions
that may contribute to traffic accidents, reduce hazards that may
be caused by fences over public rights-of-way, provide more visual
open space, and curb the deterioration of the community's appearance.
The establishment of this chapter by the Village
of Fair Haven is authorized pursuant to the authority granted by the
New York State Municipal Home Rule Law, Article 3, § 22.
A.
It shall be unlawful for any person or firm to erect
any fence or wall around any property within the corporate limits
of the Village of Fair Haven without a permit granted by the Building
Inspector/Code Enforcement Officer.
B.
All applications for permits for fences shall be reviewed
by the Building Inspector/Code Enforcement Officer. A request for
a permit shall be accompanied by a site plan which shall show the
height and location of the fence in relation to all other structures
and buildings and in relation to all streets, lot property lines and
yards.
C.
The fee for a fence permit shall be as set forth by
the Board of Trustees.
A.
No fence shall be more than six feet in height at
the rear of homes or buildings situated in a residentially zoned district,
which fence shall not extend forward of the rear building line of
any existing or proposed building. No other fence or portion of a
fence shall be higher than 36 inches in any front yard or 72 inches
in any side yard, beginning from the rear yard, and not extending
beyond the front line of a house or building. No fence shall be closer
than six inches to any sidewalk or any prospective sidewalk and/or
property line.
B.
Temporary snow fences may be erected without a permit
from November 1 through April 1.
No fences of any kind, including hedge or shrub,
shall be permitted within 35 feet of the high-water mark of Lake Ontario
or any bodies of water connected to Lake Ontario. The high-water mark
shall be defined as a mark indicating the highest level reached by
a body of water.
A.
Where the parking lot is situated adjacent to premises
used for residential purposes, a fence at least six feet in height
shall be erected and maintained by the parking lot owner or operator
along the property line adjacent to said residential premises.
B.
Where such service stations abut a residential zone,
they shall be screened by a buffer area no less than 10 feet in depth
composed of densely planted evergreen shrubbery, solid fencing or
a combination of both which will be adequate to prevent the transmission
of headlight glare across the boundary line. Such buffer screen shall
have a minimum of six feet above finished grade at the highest point
of the parking area. The materials used shall be in keeping with the
character of the adjacent residential area. If said shrubbery becomes
decayed and fails to provide an adequate screen, the Building Inspector
may direct the property owner to replace said shrubs.
A.
No hedge fence or fence of shrubs on any premises
shall be permitted to grow to a height of more than three feet in
any front yard area nor nearer than five feet to any sidewalk or any
prospective sidewalk.
B.
In addition to the foregoing, the Building Inspector
shall have the authority to direct the removal, trimming or modification
or any shrubs, bushes, plants, trees, flowers or other vegetation,
fence, wall, hedge or other structure on private property wherever
the same shall interfere with adequate visibility at street intersections
or curves for operators of motor vehicles. Any person who shall refuse
or neglect to comply with the direction of the Building Inspector
shall be guilty of a violation.
A.
All chain link fences erected shall be erected with
the closed loop at the top of the fence.
B.
All entrances or gates shall open into the property.
C.
Any fence, wood, stockade, chain link or other type
of fence shall have the smooth side or finished side facing to the
outside of the property of the owner installing the fence. Fence posts
will be placed on the inside of the fence.
The following fences and fencing materials are
specifically prohibited.
If the Building Inspector, upon inspection,
determines that any fence or portion of any fence is not being maintained
in a safe, sound or upright condition, he shall notify the owner of
such fence, in writing, of his findings and state briefly the reasons
for such findings and order such fence or portions of such fence repaired
or removed within 15 days of the written notice.
Any person, firm or corporation who violates,
disobeys, neglects or refuses to comply or who resists enforcement
of any provisions of this chapter shall be guilty of an offense and,
upon conviction thereof, shall be subject to a fine not to exceed
$250 or imprisonment for a term not to exceed 15 days, or both. Each
day a violation is continued shall be deemed a separate offense.
