[HISTORY: Adopted by the Board of Trustees
of the Village of Ardsley 2-3-1992 by L.L. No. 2-1992. Amendments noted where
applicable.]
As used in this chapter, the following words
shall have the meanings indicated:
A barrier or partition made of wood, metal or plastic, or
any combination thereof, enclosing, separating, dividing, defining
or bordering a lot or any portion thereof. A "fence" does not include
live bushes, shrubs, hedges or trees. This definition shall not be
construed as applicable to a wall whose purpose is to retain an embankment.
As applied to a fence, the vertical distance from the natural
undisturbed grade at any point along the base of the fence along a
plumb line to the top of the fence, including any decorative elements
thereof.
As applied to a fence, a fence having less than 33 1/3%
open space when viewed from a position which is at a right angle to
the face of the fence.
Within any R-1, R-2, R-3 or CCH District:
A.
No fence shall have a height of more than six feet.
B.
Within 50 feet of any front street line, no fence
shall be solid, have a height of more than three feet or be made of
chain link. The Board of Architectural Review may require that a fence
located within 50 feet of any front street line be shrubbed with evergreens,
planted on the outside of the fence facing the street.
C.
At any side or rear street line, no fence shall have
a height of more than four feet. The Board of Architectural Review
may require that a fence located on a side or rear street line be
shrubbed with evergreens, planted on the outside of the fence facing
the street. A fence height of up to six feet shall be permitted on
a side or rear street line if the fence is fully shrubbed in evergreens
to the approximate height of the fence so as to obscure the fence
from view. A fence on a side street line may not extend beyond the
front line of the property owner's home or within 30 feet of the street
line, whichever is greater, so as not to block visibility.
D.
All fences must have the finished side facing outward.
Fences shall at all times be properly maintained,
including the care or replacement of any shrubbery required pursuant
to this regulation. A property owner who fails to provide such maintenance
may, after notice and an opportunity to correct the situation, be
required to remove the fence.
Any previously existing fence which does not
conform to the above limitations must be altered in its entirety to
conform to said limitations if, within any two-year period, more than
50% of the fence is repaired, replaced or altered.
[Added 11-20-2000 by L.L. No. 4-2000]
The erection of a fence requires a building permit in accordance with the provisions of § 64-15 of the Ardsley Village Code.
[Added 11-16-2009 by L.L. No. 5-2009]
Any person or corporation committing an offense against any
of the provisions of this chapter shall be guilty of a violation and,
upon conviction thereof, shall be subiect to a fine not less than
$250 and not more than $2,000 for the first offense in a twenty-four-month
period, not less than $500 and not more than $2,000 for the second
offense in a twenty-four-month period, not less than $750 and not
more than $2,000 for the third offense in a twenty-four-month period,
and not less than $1,000 and not more than $2,000 for the fourth and
subsequent offenses in a twenty-four-month period, or to imprisonment
for a term not exceeding 15 days, or both. The twenty-four-month period
shall commence on the date of the initial violation. Every violation
of this chapter shall be a separate and distinct offense, and in the
case of continued violation, every day's continuance thereof shall
be deemed to be a separate and distinct offense. A violation of this
chapter shall constitute disorderly conduct.
