The purpose of this chapter is to establish a comprehensive fence law for the Village, and the provisions hereof shall apply notwithstanding any other provision of the Code of the Village of Tuxedo Park, including Chapter
100, Zoning, hereof, to the contrary. The duration of this chapter is limited to the earlier of January 31, 2009, or the effective date of a new local law. During this period the Board of Trustees and the Board of Architectural Review shall study the impacts and results thereof and any new technologies with regard to fences and wildlife control in general and make an informed decision as to continuing the terms hereof, modifying those terms or returning to the current legal arrangements or act in other appropriate way.
As used herein, the following terms shall have
the following meaning:
FENCE
Shall have the same definition as set forth in the Village of Tuxedo Park Zoning Law contained in Chapter
100 hereof.
PERIMETER FENCE
Any fence temporarily or permanently erected on or along
the boundary line of any lot, including a street line or lake shoreline.
PERSON
The record owner(s) of any lot upon which a fence is located,
and any person, firm, corporation, partnership or other legal entity
actually erecting a fence.
PRIMARY FENCE
An interior fence that is designed and intended to be permanent.
FENCE
Any interior fence that is designed and intended to be seasonal
or temporary.
The Board of Zoning Appeals is hereby vested
with jurisdiction to grant variances from the provisions herein for
the placement of fences, except the construction of permanent perimeter
fences, based on hardship considerations due to lot size and or terrain
conditions. Such a variance shall be in the nature of an area variance
and be governed by the principles of law applicable thereto.
Any person who violates the provisions of this chapter shall be punishable in the same manner as a violator of Chapter
100 hereof.