[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 1-5-1987 as L.L. No. 1-1987. Amendments noted where applicable.]
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.
- 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 the purposes of this chapter. However, this definition shall specifically not apply for purposes of swimming pool protection.
- 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. The Building Inspector shall secure approval of the Commissioner of Streets, where applicable.
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 shall be accompanied by an appropriate fee. Upon approval by the Building Inspector, 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 that it may be inspected by proper village officials.
No fence shall be more than six feet in height at the rear of homes or buildings in any zoning district, which fence shall not extend forward of the rear building line of any existing or proposed building. No other fence or portions of a fence shall be higher than 42 inches.
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 sidewalk, but in no event may it be less than 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 six feet from the pavement.
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 combating fires, an obstruction to men and equipment for combating fires or which may affect public safety is hereby expressly prohibited. Further, no fence shall be erected in a front yard or along a public right-of-way unless the fence is uniformly less than 50% solid.
The following fences and fencing materials are specifically prohibited:
All chain link fences erected shall be erected within the closed loop at the top of the fence.
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 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 may issue a permit for the construction of security fence for commercial and industrial properties, upon due application to and approval by the Building Inspector of the Village of Ellenville. The Building Inspector may deny such 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's decision to the Zoning Board of Appeals of the Village of Ellenville by notice to the same within 30 days of such denial. In the event that said Zoning Board substantiates the denial of the Building Inspector, the applicant may resort to proper legal proceedings according to the statutes of the State of New York.
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 or Commissioner of Streets 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, Superintendent of Highways or Commissioner of Streets shall be guilty of a violation of this chapter and shall be subject to its penalties.
[Amended 10-16-2000 by L.L. No. 5-2000]
Every person convicted of a violation of any of the provisions of this chapter shall, for the first conviction thereof, be punished by a fine of not less than $50 and not more than $500; for a second or subsequent conviction within 12 months after any previous conviction, such person shall be punished by a fine of not less than $100 and not more than $1,000 or by imprisonment for not more than 15 days, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate additional violation.
[Added 6-1-1987 by L.L. No. 6-1987]
Section 107-1 of this chapter provides that all corner properties adjacent to a public street, alley or highway shall also be considered as a "front yard," thus precluding the construction of a rear yard fence pursuant to § 107-4 of this chapter. Notwithstanding the foregoing, the Village Board of Trustees is hereby authorized to consider on a case-by-case basis the issuance of a special permit deeming one of the yards of a corner lot a rear yard for purposes of this chapter. Such a special permit shall be issued only upon the holding of a public hearing at least five days prior to which property owners within 200 feet of the corner lot will be given notice by the applicant by certified mail, return receipt requested. In making its determination, the Board shall take into account the uses of adjoining lots and the overall impact that such a fence will have on the neighborhood, including aesthetic considerations.