Village of New Hyde Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 6-20-1996 by L.L. No. 3-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 57.
Swimming pools — See Ch. 169.
Zoning — See Ch. 195.

§ 101-1 Permit required.

No person, firm, association or corporation shall hereafter erect and maintain any wall or fence for any purpose whatsoever, without first having obtained a permit therefor from the Superintendent of Buildings.

§ 101-2 Applications for permit.

[Amended 7-21-2009 by L.L. No. 9-2009]
All applications for a permit made to the Superintendent of Buildings shall be made in duplicate and shall state the purpose for which the wall or fence is to be erected. The application shall be accompanied by a plot plan showing the proposed location thereof, a drawing showing a side elevation and a statement setting forth the length, height and thickness thereof, together with a description of the material to be used in its construction. Any person seeking a variance from this section shall make application to the Zoning Board of Appeals.

§ 101-3 Fees.

The applicant for any such permit shall pay the fees prescribed therefor under the schedule set forth in § 1-32 in Article III of Chapter 1 of the Village Code.

§ 101-4 Fences required in certain cases.

[Amended 11-1-2005 by L.L. No. 5-2005]
A. 
Excavations near public street. Any person, firm, association or corporation owning land within the corporate limits of the Village of New Hyde Park, upon which land there is any public street, sidewalk, road or highway as a result of which the surface shall be lower than the grade of the public street, sidewalk, road or highway adjacent to said land, shall construct a chain link fence along the boundaries of such land adjacent to said public street, sidewalk, road or highway. Such chain link fence shall be constructed so as to prevent children and other persons from gaining access to said premises in which the excavation is located. Such chain link fence shall be a minimum height of seven feet in all commercial zones and four feet in all residential zones. The height requirements set forth in this section may be varied only in the discretion of the Superintendent of Buildings upon good cause shown.
B. 
The chain link fences provided for in this section shall be maintained until the foundation upon the subject lot is capped and backfilled.
C. 
Abandoned structures. Any person, firm, association or corporation owning land within the corporate limits of the Village of New Hyde Park, upon which land there exists a wholly or partially complete abandoned or unoccupied structure which shall have been abandoned or unoccupied for a period of more than one year, must install a chain link fence around said property in the dimensions set forth in § 101-4A.

§ 101-5 Provisions applicable to all districts.

A. 
Except as authorized and permitted in accordance with the provisions of Subsection D of § 101-7 of this chapter, in no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence.
B. 
Except as authorized and permitted in accordance with the provisions of Subsection D of § 101-7 of this chapter, no fence shall be permitted which is expressly designed with the intent to injure or maim anyone who attempts to climb such fence.

§ 101-6 Provisions applicable to residential districts.

A. 
Any fence or wall in a residential district shall have its most pleasant or decorative side facing the adjacent lot or street frontage, with all posts being in the applicant's yard.
B. 
No fence or wall of a closed-weave type shall be used, erected or maintained in, upon or along the lot lines of the front yard of any residential lot or parcel. For the purposes of this subsection, the term "closed weave" shall have the same meaning as ascribed thereto under § 195-16 in Article VII of Chapter 195 of the Village Code.
C. 
The maximum permitted heights of all walls and fences shall be as follows:
(1) 
Front lot line: four feet.
(2) 
Side lot lines:
(a) 
From the front lot line to the rear building line of the principal building located on the premises: four feet.
(b) 
From rear building line of the principal building located on the premises to the rear lot line: six feet.
(3) 
Rear lot line: six feet.
D. 
Exceptions.
(1) 
The maximum fence height for a side or rear lot line shall be six feet when and where the same actually abuts any business or industrial district.
(2) 
For swimming pools, see § 101-8 of this chapter.

§ 101-7 Provisions applicable to nonresidential districts.

A. 
Any wall or fence facing a residential district or fronting a street shall have its most pleasant or decorative side facing the residential district or street, with all posts and supports being on the side of the wall or fence opposite the residential area or street, unless the same is a part of the design thereof. This relationship shall prevail where any more restrictive district abuts any less restrictive district, with all posts and supports to be located on the less restrictive district side.
B. 
The maximum permitted heights in a business district shall be:
(1) 
Front lot line: four feet, except that, where a special permit has been obtained from the Board of Trustees: six feet.
(2) 
Side lot lines:
(a) 
From the front lot line to the rear building line of the principal building located on the premises: four feet; except that, where a special permit has been obtained from Board of Trustees: six feet.
(b) 
From the rear building line of the principal building located on the premises to the rear lot line: six feet.
(3) 
Rear lot line: six feet.
C. 
The maximum permitted height in an industrial district shall be six feet.
D. 
Barbed-wire and electric fences.
(1) 
A fence six feet in height with a barbed- or razor-wire top, or an electric-shock-type fence which would not be detrimental to the health, safety or welfare of any person coming into contact with it, may be permitted in the industrial districts upon grant of a conditional use permit by the Board of Trustees, where it can be demonstrated that:
(a) 
The fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of any person.
(b) 
In the opinion of such Board, other reasons are presented which, in the general community interest or interests of national safety or security, justify the need for such a fence.
(2) 
Where such fences are permitted, the fact that they are either barbed or razor wire topped or are electrified shall be clearly indicated by signage on such fences at intervals of not more than 25 feet.

§ 101-8 Swimming pools.

[Amended 6-20-2006 by L.L. No. 7-2006]
A. 
Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:
(1) 
Shall be not less than five feet nor more than six feet in height and have a maximum vertical clearance to grade of two inches;
(2) 
Where a picket-type fence is provided, horizontal openings between pickets shall not exceed four inches;
(3) 
Where a chain-link fence is provided, the openings between links shall not exceed 2 3/8 inches;
(4) 
Enclosures shall be constructed so as not to provide footholds;
(5) 
Pickets and chain-link twists shall extend above the uppermost horizontal bar;
(6) 
Such enclosure shall have railings and posts within the enclosure which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts, respectively. Enclosures, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square, without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade; and
(7) 
A wall of a dwelling is permitted to serve as part of the enclosure. However, if the dwelling is being utilized as a part of the necessary enclosure, a swimming pool alarm must be installed and maintained.
B. 
Exemptions.
(1) 
(Reserved)
(2) 
A pool less than 24 inches deep is exempt from the requirements of Subsection A of this section.

§ 101-9 Repairs.

All walls and fences shall be kept at all times in a good state of repair.

§ 101-10 Penalties for offenses.

[Amended 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense, except that a violation of the provisions of Subsection D of § 101-7 of this chapter is hereby declared to be unlawful and a criminal offense. Each such petty offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article. Each such criminal offense is hereby designated a Class A misdemeanor as defined in said Article IIA of Chapter 1 of this Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections C, E and F of § 1-27 of that article.
[1]
Editor's Note: This local law also provided that it would take effect 12-1-1999.