[HISTORY: Adopted by the Board of Trustees of the Village of Harriman 12-12-2001 by L.L. No. 6-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 140.
The Village Board has determined that the installation of fences should be regulated to insure orderly administration of fence construction, composition and placement within the Village and to provide for reasonable and necessary fees for the administration of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
FENCE
Any structure regardless of composition, except a living fence, that is erected or maintained for the purpose of enclosing a piece of land or to divide a piece of land into distinct portions.
FRONT YARD
Applies to that portion of the yard in front of the front building line of any building. All corner properties adjacent to a public street, alley or highway shall also be considered as a front yard for purposes of this chapter. However, the definition shall specifically not apply for purposes of swimming pool protection.
[Amended 10-10-2006 by L.L. No. 5-2006]
HEIGHT
The distance measured from the existing grade to the top of the fence.
IMPOUND YARD FENCE
A fence enclosing an impound yard on the premises of a licensed towing contractor within the Village of Harriman.
[Added 6-27-2006 by L.L. No. 2-2006]
LIVING FENCE
A collection of shrubs, bushes, trees or plantings along a property boundary or yard. Living fences shall be exempt from this chapter except when located on a corner lot (as defined in the Village Zoning Law[1]), in which event the plant material shall comply with regulations governing height (§ 140-12B).
[1]
Editor's Note: See Ch. 140, Zoning.
No fence, wall or other type of construction nor shall any living fence be installed on a corner lot without the approval of the Building Inspector.
A. 
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Building Inspector on a form provided by the Building Inspector together with an appropriate fee as promulgated by the Village Board. Said application shall also be accompanied by a plan or sketch showing the proposed location of any fence, the materials proposed to be used therein which must be in accordance with this chapter, and any other pertinent local law regulating construction within the Village.
B. 
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 thereon. Said permit shall be available on the job during the progress of the work so that it may be inspected by proper Village officials.
[Amended 10-10-2006 by L.L. No. 5-2006]
[Amended 10-10-2006 by L.L. No. 5-2006; 3-12-2013 by L.L. No. 4-2013]
The permit provisions of this chapter shall apply to fences in all zoning districts. Commercial property will require site plan approval. No fence shall be erected in the applicable districts in excess of the height limitations as set forth herein. All fences which have a finished and unfinished side must be erected with the finished side of the fence facing away from the property. The fences must also be erected with the cross beams and inner supports, if such fence has those, facing toward the property owner.
A. 
Rear yards. No fence shall be more than six feet in height at the rear of any lot or parcel and shall not extend forward of the front building line of any existing or proposed principal improvement.
[Amended 10-10-2006 by L.L. No. 5-2006]
B. 
Front yards.
[Amended 10-10-2006 by L.L. No. 5-2006]
(1) 
No open-type fence shall be more than four feet in height in any front yard.
(2) 
Solid fences shall not exceed three feet in height in any front yard.
(3) 
Living fences shall be subject hereto when located in either front yard of a corner lot and shall not exceed three feet in height.
C. 
Impound yard fence.
[Added 6-27-2006 by L.L. No. 2-2006]
(1) 
Where site plan approval shall have been granted by the Planning Board, a towing contractor may erect an impound yard fence of six feet in height in a side yard.
(2) 
Impound yard fences installed in accordance with an approval pursuant to this subsection shall be removed within 45 days of the expiration of the related towing license. The failure to timely remove such a fence shall be a violation of this chapter punishable in accordance with § 76-11.
[Amended 6-26-2002 by L.L. No. 3-2002]
A. 
Any fence erected in a front yard shall be placed at least one foot back from the sidewalk.
B. 
Living fences shall be located in such a manner as not to interfere with the adjoining parcel. Nothing contained herein shall be deemed to prevent an adjoining property owner from removing or trimming plant material extending beyond or over a property line.
A. 
Any fence, wall or similar structure, as well as shrubbery which unduly cuts off light or air which may cause a nuisance, a fire hazard or a dangerous condition is hereby expressly prohibited. No solid fence shall be erected in a front yard in any district or along a public right-of-way.
B. 
The following fences and fencing materials are specifically prohibited:
(1) 
Barbed wire.
(2) 
Short, pointed fences.
(3) 
Canvas fences.
(4) 
Cloth fences.
(5) 
Electrically charged fences.
(6) 
Poultry fences.
(7) 
Turkey wire.
(8) 
Temporary fences, such as snow fences.
(9) 
Expandable fences and collapsible fences, except during the term of a validly issued building permit.
C. 
All chain-link fences shall be erected with the closed loop at the top of the fence.
D. 
No fence shall be multicolored. Contrasting poles or posts are permitted provided they are of a uniform color.
E. 
All entrances or gates shall open into the property.
F. 
All fences or 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 visibility on corner lots.
The Building Inspector or Superintendent of Highways shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or structure on private or public property wherever the same shall interfere with adequate visibility for operators of motor vehicles at street intersections or curblines. Any person who shall refuse or neglect to comply with the written direction of the Building Inspector or Superintendent of Highways shall be guilty of a violation of this chapter and shall be subject to its penalties. If the property owner feels aggrieved by any decision of the Building Inspector or Superintendent of Highways, he or she shall have a right to appeal the decision to the Village Board.
A. 
Any person or entity aggrieved by a denial of a permit by the Building Inspector for the installation or erection of a fence pursuant to the provisions of this chapter may appeal such decision to the Village Zoning Board of Appeals, which Board shall determine if there are practical difficulties or unnecessary hardships warranting a variance of the terms hereof.
B. 
The Board of Appeals may grant a variance from the requirements of this chapter so that the public safety and welfare will be secured and substantial justice done.
Any person, firm or corporation or his or her or its agent, servant, workman or employee violating any of the provisions of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for not more than six months. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.