[HISTORY: Adopted by the Board of Trustees
of the Village of Hewlett Harbor 9-11-2008 by L.L. No. 8-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 17.
Bulkheads — See Ch. 25.
Dish antennas — See Ch. 31.
Excavations — See Ch. 49.
Signs — See Ch. 121.
Zoning — See Ch. 145.
[1]
Editor's Note: This local law also repealed
former Ch. 53, Fences, adopted 7-11-1985 by L.L. No. 5-1985, as amended.
Fences may consist of woven wood, picket, wrought
iron or wrought aluminum, board, wall, berm, or a cultivated or natural
growth of shrubs or trees. Fences may not consist of woven wire (chain-link).
Any fence in a residential district shall have
its finished or decorative side facing the adjacent lot or street,
with all posts being on the inside of the fence, unless such posts
or supports are an integral part of the decorative design of the fence.
A.
No fence in a residential district shall exceed five
feet in height, except that a fence along a property boundary abutting
East Rockaway Road shall not exceed six feet in height.
B.
A fence, not exceeding five feet in height, shall
be permitted on the rear lot line and those linear portions of the
side lot lines enclosing a rear yard; provided, however, that the
five-foot fencing shall not be erected closer to the street fronting
the premises than the rear of the house on those premises. The height
shall be measured from the ground level to the top of the fence or
supporting column or post, whichever is higher. For purposes of interpretation,
a rear building line shall refer only to the principal structure and
shall not include patios, porches or other extensions thereto.
C.
Fence heights are to be measured from the lowest point
along the line of the fence including the line up to the property
line, despite the fact that the fence may not extend that far. Fences
are to be stepped down or stepped up to follow the slope of the land.
D.
Front yards. No constructed fence shall be higher
than 48 inches in any front yard from the mean height of the roadway
in front of the premises.
A.
No PVC or plastic fencing is permitted in any form
in a front yard.
B.
If the rear yard of one property is adjacent to the
front yard of a neighboring property, then no fencing is permitted
unless required to enclose a pool.
C.
Front yard fences that currently exist may be maintained.
If damage to the fence exceeds 30 linear feet or 50%, as determined
by the Building Inspector, then the fence may not be replaced.
D.
Any and all fences and gates placed in a front yard
must first be approved by the Board of Building Design prior to a
permit being issued.
E.
Any fence, wall or similar structure, as well as shrubbery,
which unduly cuts off light or air or which may cause a nuisance,
a fire hazard or a dangerous condition, is hereby expressly prohibited.
Further, no fence shall be erected in a residential zone or along
a public right-of-way unless the fence is uniformly less than 50%
solid.
No signs of any type may be affixed to any portion
of a fence.
No fencing, including temporary fencing, may be erected without
a permit.
No chain link or wire mesh fences are permitted on any property located within the Village. Those which currently exist may be maintained. If over 30 linear feet or 50% of the fence is in need of repair as determined by the Building Inspector, the fence must be removed and may be replaced with an acceptable material as outlined under § 53-1.
No fence is permitted on a Village right-of-way.
See § 145-53, Enclosure by fence. The New York State Building Code shall prevail.
On any corner lot, no wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub or other growth
shall be maintained at a height greater than 2 1/2 feet at any
point within a radius of 20 feet of the point formed by any intersecting
property lines adjacent to roads or highways, and provided further
that such height shall be measured from the existing elevation of
the center line of such road or highway opposite such wall, fence
or other structure, hedge, tree or shrub.
The color of the fencing material must be natural
wood, brown, beige or white. Wrought-iron-type fences may be black
or white.
See § 145-42, Fencing and hedging required.
No slats of any kind may be placed within existing
chain link fences.
Any fence erected under this chapter shall be
placed at least six inches back from any property line. Any constructed
fence erected in a front yard upon approval of the Board of Building
Design shall be placed at least two feet back from the property line.
The following fences and fencing materials are
specifically prohibited on property perimeters:
The violation of any provision of this chapter
shall be an offense which shall be punishable by a fine not to exceed
$500.
