[HISTORY: Adopted by the Town Board of the
Town of Forestburgh 12-4-2008 by L.L. No. 4-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building Code administration — See Ch. 68.
Property maintenance — See Ch. 129.
Subdivision of land — See Ch. 148.
Zoning — See Ch. 180.
[1]
Editor's Note: This local law also provided
that to the extent that it may conflict with applicable portions of
the Town Law, the Town exercises its authority to supersede and amend
pursuant to Municipal Home Rule Law § 22.
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure, regardless of composition, except a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or dividing a piece of land into distinct portions,
or for the purpose of restricting access to or egress from properties.
Applies to that portion of the yard in front of the front
building line of the main building. All corner properties adjacent
to a public street, alley or highway shall also be considered as a
front yard for the purposes of this chapter. However, this definition
shall specifically not apply for purposes of swimming pool protection,
which is regulated by the state codes.
The distance measured from the existing grade to the top
of the fence.
No fence, wall or other type of construction
shall be erected without the approval of the Building Inspector/Code
Enforcement Officer. Where he deems it appropriate, the Building Inspector
may consult with the Highway Superintendent.
Any person or persons, corporation, firm or
association intending to construct a fence shall, before any work
is commenced, make application to the Building Inspector/Code Enforcement
Officer on the form provided. Said application shall be accompanied
by a plan, sketch or certified survey (in the discretion of the Town's
Building Inspector) showing the proposed location of any fence, height
of the entire fence and 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, and shall be
accompanied by an appropriate fee. Upon approval by the Building Inspector/Code
Enforcement Officer, a permit shall be issued which will be in effect
for a period of one year from the date thereon. Once construction
has been started, it must be completed, inspected and approved in
a timely fashion. Said permit shall be posted and visible during the
progress of the work so that the proper village official may inspect
it. When the installation is complete, the Building Inspector/Code
Enforcement Officer will issue a certificate of compliance.
Fences and walls shall be permitted, provided
that, in any residential district, no fence or wall shall exceed four
feet in height in any front yard or six feet in height in any rear
or side yard. Exceptions to this are corner lots. The Building Inspector/Code
Enforcement Officer must approve the height, location and materials
for fences on corner lots. It is the intent of this chapter to include
any artificially mounded or bermed area under the fence as part of
the height of the fence.
Any fence erected in a front yard shall be placed
at least four feet back from the sidewalk where it exists and, where
it does not exist, from the edge of the right-of-way. The Building
Inspector must approve the height, location and materials for fences
on corner lots. No fence shall be erected in a delineated area of
wetlands. No fence or part of a fence shall be erected in the highway
or street right-of-way for public and private roads or streets. Fences
in commercial and industrial districts shall be approved by the Planning
Board on the site plan. For fences in commercial or industrial districts
being built or modified after site plan approval and not provided
for on the site plan, the property owner must apply to the Planning
Board for approval of such fences. No fence shall be erected with
the purpose of restricting or results in the natural and traditional
migration habits of wildlife or to contain wildlife within a certain
boundary area, except with respect to projects approved by the Town
Planning Board.
A.Â
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 or an obstruction to people and
equipment in regard to traffic or for combating fires or which may
affect public safety, is hereby expressly prohibited. Further, no
fence shall be erected in a front yard in a residential district or
along a public right-of-way unless the fence is uniformly less than
50% solid and does not obstruct visibility. It is the intent of this
section to allow the construction of a fence that does not obstruct
vision and is otherwise aesthetically pleasing.
B.Â
All fences must be properly installed and properly
maintained at all times.
The following fences and fencing materials are
specifically prohibited:
A.Â
Barbed wire.
B.Â
Pointed fences that are a hazard to public safety
or welfare.
C.Â
Cloth fences.
D.Â
Electrically charged fences, except for invisible
fences which are buried underground and designed to emit a radio transmission
for the purpose of keeping pets that are wearing a special radio receiver
collar within a confined area. Invisible fences must be 10 feet from
sidewalks, and small signs indicating that there is an invisible fence
are required. For this type of fence, a permit will be required and
signage provided, but no permit fee will be charged.
E.Â
Poultry fences.
F.Â
Turkey wire.
G.Â
Expandable fences and collapsible fences, except during
construction of a building.
All chain link fences erected shall be erected
with the closed loop at the top of the fence.
All entrances or gates shall open into the property.
Any wood, stockade, chain link or other type
of fence shall have the smooth side or finished side facing to the
outside of the property owner installing the fence. Fence posts will
be placed on the inside of the fence.
Notwithstanding the provisions of this section,
the Building Inspector/Code Enforcement Officer may issue a permit
for the construction of a security fence for commercial and industrial
properties, upon due application to and approval by the Building Inspector/Code
Enforcement Officer of the Town of Forestburgh.
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 and/or other structures
or vehicles, whether stationary or transitory, on private or public
property.
The Building Inspector/Code Enforcement Officer
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 other structure on private or public
property wherever the same shall interfere with adequate visibility
of operators of motor vehicles at street intersections or curbs. Any
person who shall refuse or neglect to comply within 15 days with the
written direction of the Building Inspector/Code Enforcement Officer
shall be guilty of a violation of this chapter and shall be subject
to its penalties.
The Building Inspector/Code Enforcement Officer
may deny any fence application if it is found that the application
for such fence is not appropriate and is unnecessary. Upon such denial,
the applicant may appeal the Building Inspector/Code Enforcement Officer's
decision to the Zoning Board of Appeals of Zoning Board substantiates
the denial of the Building Inspector/Code Enforcement Officer, the
applicant may resort to proper legal proceedings according to the
statutes of the State of New York.
The following fences shall be exempt from the
requirements of this chapter:
A.Â
Fences around gardens; provided the garden area shall
not exceed 100 feet by 100 feet.
B.Â
Fences around childrens' play areas that do not exceed
an area of 100 feet by 100 feet.
C.Â
Decorative fencing around a residence, such as picket
fencing or wrought iron fencing, that does not exceed an enclosure
area 40 feet from the residence itself on all sides.
Any person committing an offense against any
provision of this chapter shall, upon conviction thereof, be punishable
as provided in the Code of the Town of Forestburgh.
