As used in this chapter, the following terms shall have the
meanings indicated:
FENCE
Any structure, regardless of composition, except living fences,
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 rear
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, this definition shall
specifically not apply for purposes of swimming pool protection.
HEIGHT
The distant measured from the existing grade to the top of
the fence.
No fence, wall or other type of construction shall be erected
without first being approved by the Building Inspector.
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.
Said application shall be accompanied by a plan or sketch showing
the proposed location of any 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 be accompanied by a permit fee as hereinafter set forth. 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 available on the job during the progress of the
work so that it may be inspected by proper Village officials, including
but not limited to the Building Inspector, Mayor and Village Trustees.
[Amended 4-30-2004 by L.L. No. 1-2004]
A. Living fences
are subject to all provisions of this chapter, except that they shall
be exempt from the permit provisions of this chapter.
B. Living fences
are additionally subject to the following requirements:
(1) No living
fence may exist nearer than two feet to any sidewalk in existence,
or any prospective sidewalk, or any property boundary line.
(2) Living
fences must be maintained in a neatly trimmed condition and shall
not interfere with the visibility of vehicular or pedestrian traffic.
C. Plantings,
which remain separate and distinct from each other, will not be deemed
a living fence regardless of height.
The permit provisions of this chapter shall apply to fences
in the residential zones in the Village of Greenwood Lake and shall
also include multiple dwellings in other zoning districts. The provisions
shall, however, not be applicable to commercial property. No fence
shall be erected in the applicable zones of the Village of Greenwood
Lake in excess of the height limitations as set forth herein.
Any fence erected under this chapter shall be placed at least six inches back from any property line. Any fence erected in a front yard shall be placed at least one foot back from the sidewalk. Living fences shall be placed in accordance with §
54-4 of this chapter. If no sidewalks are in place, then the fence shall be set back a minimum of six feet from the pavement.
A violation of this chapter shall subject the violator to a fine of not more than $250 or to imprisonment of not more than 15 days, or to a combination of fine and imprisonment. The continuation of an offense against the provisions of this chapter after the date to remedy the defect as set forth by the Building Inspector, pursuant to §
54-9, shall constitute for each day the offense is continued a separate and distinct offense hereunder.