[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 11-21-2000 by L.L. No. 4-2000. Amendments noted where
applicable.]
This chapter shall be known and may be referred
to as the "Village of Sands Point Fence Law."
[Amended 5-24-2022 by L.L. No. 11-2022[1]]
It is found and declared that the unregulated
erection and maintenance of Fences within the village, excluding tennis
court and pool Fences which are separately regulated, and Fences for
the protection of Village properties, including Village-owned Water
Department properties and assets, may cause a detriment to the community
and surrounding properties. It is further found that regulations set
forth in this chapter are required to prevent the following:
A.
Negative visual impacts to the community and surrounding
properties associated with certain types of fencing including solid
fencing and certain types of chain link Fences located in various
locations.
B.
The erection of Fences at locations that impede the
visibility of motor vehicles.
C.
The existence of Fences that are poorly maintained,
dilapidated, or made of such materials that they pose a potential
physical danger to persons or property, or cause a negative visual
impact, or a negative impact to the character of to the community
and surrounding properties.
[Amended 5-24-2022 by L.L. No. 11-2022]
As used in this chapter, the following terms
shall have the meanings indicated:
Any artificial structure, regardless of composition, that
is erected or maintained for the purpose of dividing a single piece
of land, enclosing a piece of land, or to demarcate the boundary lines
between land parcels. This definition shall include the term "wall"
as it is commonly used. Fences may or may not include movable gate
sections.
For purposes of this chapter only, "Front Yard" means that
portion of the yard between the street and the front building line
of any existing or proposed principal dwelling or structure. For an
existing or proposed building on a lot having frontage on two streets,
the Front Yard fencing requirements and restrictions shall only apply
to the Front Yard. The Front Yard shall be the yard, as determined
by the Village, that best represents, aesthetically, the yard in the
front of the building.
Solid Fencing shall be defined as solid, stockade, or opaque
Fences with little to no spacing between boards, if boards are present.
Solid Fencing shall not be understood to include picket Fences and
the like having no more than a three-to-one ratio of solids (slats)
to voids (openings); however, there shall be no opening less than
5" inches wide separating the slats of the Fence through which air
and light may travel.
The distance measured from the existing grade to the top
of the Fence.
Public safety and the visibility afforded motor vehicle operators
at street intersections, driveways, or curbs, as determined by the
Village.
[Amended 5-24-2022 by L.L. No. 11-2022]
A.
A property owner intending to erect a Fence shall
make an application for a permit to the Village before any work is
commenced. Said application shall be accompanied by any required fee,
plans, or sketches showing the proposed location of any Fence on a
survey and a description of the materials proposed for such fencing.
B.
Upon submission of the completed application and permit
fee, the Village shall issue a permit for the construction of the
proposed fencing if the Village determines that it complies with the
requirements of this chapter and any other pertinent local laws, and
that it will not adversely impact the general health, safety, character,
and welfare of the community and surrounding properties and not have
a negative visual impact on the community and surrounding properties.
C.
Upon completing the construction of any Fence approved
by this chapter, the applicant shall submit an updated survey reflecting
the addition of the Fence.
[Amended 5-24-2022 by L.L. No. 11-2022]
A.
Except as otherwise permitted in this chapter, chain
link and stockade Fences are prohibited in the front yard of any property.
B.
Fences may be erected along the boundary lines of
any property except that for Fences constructed on boundary lines
running along public or private streets, Fences shall not be erected
in the public right-of-way, and in no event, shall a Fence along a
public or private street be erected closer than fifteen (15) feet
to the curb or edge of the street.
C.
Solid Fences
and chain link Fences, where permitted, along public and private streets
shall be screened with foliage, shrubs, bushes, or landscape planting
to the reasonable satisfaction of the Village, or upon the recommendation
of an arborist designated by the Village. Where screening is required
for a Fence along a public or private street, the screening shall
be installed on or abutting the boundary line, but in no event in
the right-of-way, and the Fence shall be installed behind the screening.
D.
The Village
reserves the right to require that Fences be screened and irrigated
to the satisfaction of the Village.
[Amended 1-23-2007 by L.L. No. 1-2007; 5-24-2022 by L.L. No. 11-2022]
No Fence shall exceed 6'6" in Fence Height.
[Amended 5-22-2001 by L.L. No. 4-2001; 5-24-2022 by L.L. No. 11-2022]
The following fences and fencing materials are
prohibited:
A.
Barbed wire.
B.
Electrically charged Fences.
C.
Expandable Fences and collapsible Fences, except during
construction of a building.
D.
Plastic sheeting or other similar materials unless
deemed by the Building Department to be of a character that sufficiently
imitates wood or metal and which will not negatively impact the character
of the neighborhood. Samples of such materials shall be submitted
to the Village along with any application, if requested.
[Amended 5-24-2022 by L.L. No. 11-2022]
All chain link Fences, where, permitted under
this chapter and any other chapter of the local laws of the Village,
including as it relates to tennis and pool Fences, shall be black
vinyl-covered with a closed loop at the top of the Fence.
[Amended 5-24-2022 by L.L. No. 11-2022]
Any Fence hereinafter erected shall have the
finished side facing the street or neighboring property. All poles
and supports for such Fences, whenever possible, shall be located
on the property owner's side of the Fence and shall not be visible
from the neighboring property or street.
[Amended 5-24-2022 by L.L. No. 11-2022]
[Amended 5-22-2001 by L.L. No. 4-2001; 5-24-2022 by L.L. No. 11-2022]
A.
The following fences do not require a permit under
the provisions of this chapter:
B.
The following Fences require permits under this chapter
but may be constructed at any location except as otherwise restricted
by this chapter:
(1)
Picket Fences and the like having no more than a two-to-one
ratio of solids (slats) to voids (openings); however, there shall
be no opening less than 1-1/2 inches wide separating the slats of
the Fence through which air and light may travel. Picket-style Fences
in a Front Yard having a Fence Height greater than 4.5 feet or more
shall be considered a stockade Fence.
(2)
Split-rail Fences.
(3)
Masonry walls, composed of brick, stone, or stucco
finish.
(4)
Wrought
iron or modern aluminum estate-style Fences with wide gaps between
the vertical rails, subject to the approval of the Village.
(5)
Black
vinyl coated chain link Fences erected in side yards along public
or private streets.
(6)
Solid
Fences.
[Amended 5-24-2022 by L.L. No. 11-2022]
Nonconforming Fences existing before the effective
date of this chapter may be maintained or repaired in accordance with
§ 89-10 above but may not be replaced.
[Added 5-24-2022 by L.L. No. 11-2022[1]]
Driveway gates shall be of a type approved by the Village (with
approval of the police department) such that police and other emergency
services will have access as needed.
[Amended 5-24-2022 by L.L. No. 11-2022]
Any property owner violating any of the provisions
of this chapter, shall, upon conviction thereof, be subject to a fine
not exceeding $1,500 for each violation, regardless of any convictions
for prior violations. Each week's continuance of a violation shall
be deemed a separate and distinct offense.
