[HISTORY: Adopted Malone Village Board 9-11-1989 by Local Law No. 4, 1989. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any combination of materials, regardless of composition, except a living fence or temporary enclosure for playpen use, that is erected or maintained for the purpose of enclosing a piece of land or dividing a piece of land into distinct portions.
- The distance measured from the existing grade to the top of the fence.
- LIVING FENCE
- Any fence or hedge composed of live materials.
No fence shall be erected without the approval of the Code Enforcement Officer, unless exempt from the application of this chapter.
Any person or persons, corporation, firm or association intending to erect a fence shall, before any work is commenced, make application to the Code Enforcement Officer on a form provided by the Code Enforcement Officer. 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 shall be accompanied by an appropriate fee. Upon approval by the Code Enforcement Officer, a permit shall be issued which will be in effect for a period of one year from the date thereon. Said permit shall be available on the job during the progress of the work so it may be inspected by proper Village officials. In the event that any approved fence construction is not completed within said one-year period, a new application and permit will be required.
[Amended 10-19-1998 by L.L. No. 2-1998; 9-23-2002 by L.L. No. 5-2002]
No fence shall be more than six feet in height, and no fence poles shall be more than seven feet in height. Any fence within 20 feet from the curb or edge of the street shall not exceed three feet in height, except fences surrounding swimming pools.
Any fence erected under this chapter shall be placed at least six inches from any property line. Any fence erected in a front yard shall be placed at least one foot back from the front line and/or property line. If no sidewalks are in place, then the fence shall be set back a minimum of one foot from the Village right-of-way.
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, a dangerous condition, an obstruction to men or equipment for combating fires or which may affect public safety is hereby expressly prohibited. All chain link fences erected shall be erected with the closed loop at the top of the fence.
The following fences and fencing materials are specifically prohibited.
Any fence 18 inches or less in height shall be exempt from the provisions of this chapter. Porch and deck railings and handrails appurtenant to stairs or ramps shall also be exempt. Temporary fences shall be exempt from the setback and height requirements of this chapter, but shall be subject to all other requirements. The Code Enforcement Officer shall specify an expiration date for such temporary fence permit, which shall not exceed six months from the date of approval and which may be renewed for one additional six-month period on reapplication.
All entrances or gates shall open into the property.
Any fence, wood, stockade, chain link or other type of fence shall have the smooth side or finished side facing the outside of the property. Fence posts will be placed on the inside of the fence.
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 at corner lots and/or other structures or vehicles, whether stationary or transitory, on private or public property.
The Code Enforcement Officer shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees or flowers or other vegetation, fence, wall or other structure on private or public property wherever the same shall interfere with adequate visibility of operators of motor vehicles at street intersections, driveways or curbs. Any person who shall refuse or neglect to comply within 15 days with the written direction of the Code Enforcement Officer shall be guilty of a violation of this chapter and shall be subject to its penalties.
The lawful use of any fence existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter. If any fence is removed or destroyed, it may not be rebuilt without a permit.
The Zoning Board of Appeals is hereby empowered to review and decide appeals from any order, requirement, decision, determination or opinion made by the Code Enforcement Officer or any other administrative official charged with the enforcement of the provisions of this chapter. Such appeal shall be taken within 30 days of the decision or action complained of or within 30 days from the date the appellant is reasonably deemed to have notice of the decision or action complained of. The method of appeal and the fees for appeal shall be the same as set forth in Chapter 66 of the Code of the Village of Malone. The Zoning Board of Appeals shall have the power, in passing on appeals to it, to vary or modify the provisions of this chapter relating to the construction, placement or height of fences, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done by granting a variance upon a showing of practical difficulty or unnecessary hardship. In granting such a variance, the Board may attach conditions to the variance as in its judgment it deems appropriate.
The Village Board of Trustees shall set application fees for a permit by resolution and may change such fees from time to time.
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. Each day's continuance of a violation after notice to cease shall be deemed a separate and distinct offense and shall be punishable accordingly.