Village of Scarsdale, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale: Art. I, 2-28-1961; Art. II, 1-24-1984 as L.L. No. 1-1984. Section 158-4 added and §§ 158-6, 158-7 and 158-8 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 224.
Signs — See Ch. 247.
Swimming pools — See Ch. 265.
Trees, brush, grass and weeds — See Ch. 281.
Visual obstructions — See Ch. 294.
Zoning — See Ch. 310.
Subdivision of land — See Ch. A319.
[Adopted 2-28-1961]
[Amended 5-13-1975 by L.L. No. 1-1975]
The Village Manager shall notify the owner of record of property on which fences, trees, plantings, shrubbery or other screening facilities are hereafter required to be maintained, by any provision of this chapter or the Code of the Village of Scarsdale, or by direction of the Board of Appeals or the Planning Board of any failure to comply with any such requirements. Said notice, which shall be mailed to the owner of record by registered mail addressed at the address shown on the last preceding assessment roll of the village, shall order the erection, replacement, repair or maintenance within 30 days of any such fences, trees, plantings, shrubbery or other screening facilities which do not comply with any such requirements.
If the person so notified shall fail to comply with the requirements of such a notice, the Village Manager shall report the failure to the Board of Trustees, which may direct the appropriate officials of the village to do all or any part of the work required by said notice.
All costs or expenses incurred by the village in connection with any such work so directed by the Board of Trustees shall be assessed against the property on which the work is required to be done and shall be a lien against such property until paid, the same as any other tax which the village is authorized by law to impose on properties within the village.
[Added 3-14-1989 by L.L. No. 6-1989]
Any person committing an offense against any provision of this Article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this Article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Adopted 1-24-1984 as L.L. No. 1-1984]
Words used in this Article shall have the meanings indicated in Chapter 310, Zoning, § 310-2, and, in addition thereto, the following terms shall have the meanings indicated:
FENCE
A structure of wood, metal or plastic, or any combination thereof, erected to enclose, separate, divide or define a lot or a portion thereof.
WALL
A structure of wood, stone, brick, concrete or other masonry materials, or any combination thereof, more than two feet high, erected to enclose, separate, divide or define a lot or a portion thereof.
WALL, RETAINING
A wall designed to retain or resist the lateral displacement of earth or other materials, whether or not it serves to enclose or subdivide any part of the lot on which it is located.
[Amended 3-14-1989 by L.L. No. 6-1989; 9-22-1992 by L.L. No. 8-1992]
In all residence districts, no fence or wall within the limits of a front yard, other than a retaining wall, shall be more than five feet high, and no fence or wall with more than one-fourth (1/4) solid material when viewed from a position which is at a right angle to the fence or wall shall be more than four feet high. Height is to be measured from the base of the fence, wall or grade, whichever base yields the greatest height measurement.
[Amended 3-14-1989 by L.L. No. 6-1989; 9-22-1992 by L.L. No. 8-1992; 7-16-1996 by L.L. No. 7-1996]
Except as provided in § 158-9, in all residence districts, no fence or wall within the limits of a side yard shall be more than four feet high unless all portions exceeding that height are not more than one-fourth (1/4) solid material when viewed from a position which is at a right angle to the face of the fence or wall, and no retaining wall shall be erected in a side yard unless the portion of the retaining wall which is more than one foot above the portion of the lot retained has not more than one-fourth (1/4) solid material when viewed from a position which is at a right angle to the face of the wall. Height is to be measured from the base of the fence, wall, retaining wall or grade, whichever base yields the greatest height measurement.
[Amended 3-14-1989 by L.L. No. 6-1989; 9-22-1992 by L.L. No. 8-1992; 7-16-1996 by L.L. No. 7-1996]
Except as provided in § 158-9, in all residence districts, no fence or wall within the limits of a rear yard shall be more than four feet high, or seven feet high if not nearer than 50 feet to any street line, and, in the case of a corner lot, if not adjacent to the side yard or front yard of any adjoining lot unless the part above such height has not more than one-fourth (1/4) solid materials when viewed from a position which is at a right angle to the face of the fence or wall; and no retaining wall shall be erected in a rear yard unless the portion of the retaining wall which is more than one foot above the portion of the lot retained has not more than one-fourth (1/4) solid material when viewed from a position which is at a right angle to the face of the wall. Height is to be measured from the base of the fence, wall, retaining wall or grade, whichever base yields the greatest height measurement.
[Added 7-16-1996 by L.L. No. 7-1996]
As an exception to §§ 158-7 and 158-8 above, in all residence districts and at the discretion of the Board of Appeals, when a fence or wall is utilized as swimming pool perimeter protection as required by § 265-1A of Chapter 265, Swimming Pools, of this Code, fences or walls in the side and rear yard, when not on a corner lot as described below, shall not be more than five feet high, or seven feet high in a rear yard if not nearer than 50 feet to any street line, unless the part above such height has not more than one-fourth (1/4) solid materials when viewed from a position which is at a right angle to the face of the fence. This exception to §§ 158-7 and 158-8 shall not be applicable to swimming pool fences on corner lots.