[HISTORY: Adopted by the Board of Trustees
of the Village of New Hyde Park 6-20-1996 by L.L. No. 3-1996. Amendments noted where
applicable.]
No person, firm, association or corporation
shall hereafter erect and maintain any wall or fence for any purpose
whatsoever, without first having obtained a permit therefor from the
Superintendent of Buildings.
[Amended 7-21-2009 by L.L. No. 9-2009]
All applications for a permit made to the Superintendent
of Buildings shall be made in duplicate and shall state the purpose
for which the wall or fence is to be erected. The application shall
be accompanied by a plot plan showing the proposed location thereof,
a drawing showing a side elevation and a statement setting forth the
length, height and thickness thereof, together with a description
of the material to be used in its construction. Any person seeking
a variance from this section shall make application to the Zoning
Board of Appeals.
[Amended 11-1-2005 by L.L. No. 5-2005]
A.
Excavations near public street. Any person, firm,
association or corporation owning land within the corporate limits
of the Village of New Hyde Park, upon which land there is any public
street, sidewalk, road or highway as a result of which the surface
shall be lower than the grade of the public street, sidewalk, road
or highway adjacent to said land, shall construct a chain link fence
along the boundaries of such land adjacent to said public street,
sidewalk, road or highway. Such chain link fence shall be constructed
so as to prevent children and other persons from gaining access to
said premises in which the excavation is located. Such chain link
fence shall be a minimum height of seven feet in all commercial zones
and four feet in all residential zones. The height requirements set
forth in this section may be varied only in the discretion of the
Superintendent of Buildings upon good cause shown.
B.
The chain link fences provided for in this section
shall be maintained until the foundation upon the subject lot is capped
and backfilled.
C.
Abandoned structures. Any person, firm, association or corporation owning land within the corporate limits of the Village of New Hyde Park, upon which land there exists a wholly or partially complete abandoned or unoccupied structure which shall have been abandoned or unoccupied for a period of more than one year, must install a chain link fence around said property in the dimensions set forth in § 101-4A.
A.
Any fence or wall in a residential district shall
have its most pleasant or decorative side facing the adjacent lot
or street frontage, with all posts being in the applicant's yard.
B.
No fence or wall of a closed-weave type shall be used, erected or maintained in, upon or along the lot lines of the front yard of any residential lot or parcel. For the purposes of this subsection, the term "closed weave" shall have the same meaning as ascribed thereto under § 195-16 in Article VII of Chapter 195 of the Village Code.
A.
Any wall or fence facing a residential district or
fronting a street shall have its most pleasant or decorative side
facing the residential district or street, with all posts and supports
being on the side of the wall or fence opposite the residential area
or street, unless the same is a part of the design thereof. This relationship
shall prevail where any more restrictive district abuts any less restrictive
district, with all posts and supports to be located on the less restrictive
district side.
B.
The maximum permitted heights in a business district
shall be:
(1)
Front lot line: four feet, except that, where a special
permit has been obtained from the Board of Trustees: six feet.
(2)
Side lot lines:
(a)
From the front lot line to the rear building
line of the principal building located on the premises: four feet;
except that, where a special permit has been obtained from Board of
Trustees: six feet.
(b)
From the rear building line of the principal
building located on the premises to the rear lot line: six feet.
(3)
Rear lot line: six feet.
C.
The maximum permitted height in an industrial district
shall be six feet.
D.
Barbed-wire and electric fences.
(1)
A fence six feet in height with a barbed- or razor-wire
top, or an electric-shock-type fence which would not be detrimental
to the health, safety or welfare of any person coming into contact
with it, may be permitted in the industrial districts upon grant of
a conditional use permit by the Board of Trustees, where it can be
demonstrated that:
(a)
The fence is needed to prevent entry to an area
which could be hazardous to the health, safety or welfare of any person.
(b)
In the opinion of such Board, other reasons
are presented which, in the general community interest or interests
of national safety or security, justify the need for such a fence.
(2)
Where such fences are permitted, the fact that they
are either barbed or razor wire topped or are electrified shall be
clearly indicated by signage on such fences at intervals of not more
than 25 feet.
[Amended 6-20-2006 by L.L. No. 7-2006]
A.
Outdoor swimming pools shall be provided with an enclosure
which shall comply with the following:
(1)
Shall be not less than five feet nor more than six
feet in height and have a maximum vertical clearance to grade of two
inches;
(2)
Where a picket-type fence is provided, horizontal
openings between pickets shall not exceed four inches;
(3)
Where a chain-link fence is provided, the openings
between links shall not exceed 2 3/8 inches;
(4)
Enclosures shall be constructed so as not to provide
footholds;
(5)
Pickets and chain-link twists shall extend above the
uppermost horizontal bar;
(6)
Such enclosure shall have railings and posts within
the enclosure which shall be capable of resisting a minimum lateral
load of 150 pounds applied midway between posts and at top of posts,
respectively. Enclosures, fence material or fabric shall be capable
of withstanding a concentrated lateral load of 50 pounds applied anywhere
between supports on an area 12 inches square, without failure or permanent
deformation. Gates provided in the enclosure shall be self-closing
and self-latching with the latch handle located within the enclosure
and at least 40 inches above grade; and
(7)
A wall of a dwelling is permitted to serve as part
of the enclosure. However, if the dwelling is being utilized as a
part of the necessary enclosure, a swimming pool alarm must be installed
and maintained.
All walls and fences shall be kept at all times
in a good state of repair.
[Amended 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense, except that a violation of the provisions of Subsection D of § 101-7 of this chapter is hereby declared to be unlawful and a criminal offense. Each such petty offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article. Each such criminal offense is hereby designated a Class A misdemeanor as defined in said Article IIA of Chapter 1 of this Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections C, E and F of § 1-27 of that article.
[1]
Editor's Note: This local law also provided
that it would take effect 12-1-1999.
