Village of Old Field, NY Article V Fences and Walls

[Amended 1-8-1974]

§ 121-22 Permit required for certain fences and walls.

[Added 6-11-2013 by L.L. No. 2-2013;[1] amended 4-14-2015 by L.L. No. 1-2015]

A. No fence or wall shall be constructed, installed or erected within the minimum front yard, rear yard or side yard setback without first obtaining a permit from the Building Inspector.

B. Any person or persons, corporation, firm or association intending to erect a fence or wall shall, before any work is commenced, make application to the Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a plan or sketch showing the proposed location of any fence or wall and the materials proposed to be used, which must be in accordance with this chapter and any other pertinent local law regulating construction within the Village and by a permit fee as established by the Board of Trustees and amended from time to time. Upon approval by the Building Inspector, a permit shall be issued which will be in effect for a period of six months after the date therein. Said permit shall be conspicuously posted on the property during the progress of the work so that it may be inspected by proper Village officials, including, but not limited to, the Building Inspector.

C. For purposes of this article, the "front yard" of a property shall be the portion of the property that faces the nearest street or road.

[1] Editor’s Note: This local law also repealed former § 121-22, Compliance with yard requirements, as amended, and § 121-23, Permit required for certain fences, as amended. Said local law also retitled Art. V from "Fences" to "Fences and Walls."

§ 121-23 Fencing materials and composition.

[Added 6-11-2013 by L.L. No. 2-2013; amended 4-14-2015 by L.L. No. 1-2015]

A. The following fences and fencing materials are prohibited on properties within the Village:

(1) Barbed wire.

(2) Electrically charged fences.

(3) Any fence that exceeds six feet in height, or which has fence support poles or gates exceeding seven feet in height measured from the curb or the existing ground level, whichever is higher.

(4) Vinyl, PVC or plastic woven fences.

B. The following fences and walls are prohibited within the front yard of properties within the Village:

(1) Pointed fences under three feet in height.

(2) Canvas fences.

(3) Cloth fences.

(4) Temporary fences, including, but not limited to, expandable or collapsible fencing, unless said fencing is being used in connection with an active construction project and for purposes of protecting persons from danger.

(5) Chain-link, cyclone-type or wire fences, except that such fences may be installed along the full length of a property’s side lot lines.

(6) Any fence or wall that is uniformly more than 50% solid, exclusive of masonry walls that do not exceed three feet in height.

C. The following fences and walls are prohibited within the side yard setback and rear yard setback of any property within the Village:

(1) Pointed fences under three feet in height.

(2) Canvas fences.

(3) Cloth fences.

(4) Temporary fences, including, but not limited to, expandable or collapsible fencing, unless said fencing is being used in connection with an active construction project and for purposes of protecting persons from danger.

(5) Any fence or wall that is uniformly more than 50% solid, exclusive of wood fences or masonry walls that do not exceed three feet in height.

D. Any fence made of wood and any stockade 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. Unless the fence posts are installed in between and along the same plane as the fence panels, fence posts will be placed on the inside of the fence.

E. All fences and walls must be erected within the property line, and none shall be erected so as to encroach upon a public right-of-way or interfere with vehicular or pedestrian traffic or interfere with the visibility of vehicular or pedestrian traffic.

F. All fences and walls must be maintained in good repair at all times.

§ 121-24 Tennis court fences.

[Amended 5-9-1995 by L.L. No. 4-1995]

Notwithstanding § 121-23 above, no fence used exclusively to enclose a tennis court shall require a variance, provided that its height and any fence support poles do not exceed 10 feet.

§ 121-25 Visibility at intersections.

A. On a corner lot, no fence, wall, hedge or other structure or planting more than two feet six inches in height, measured from the curb or ground level, whichever is higher, shall be erected, planted or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points 30 feet distant from the point of intersection.

B. Nothing herein contained shall apply to existing or native trees, provided that no branches are nearer than six feet to the ground.