[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 10-19-1994 by L.L. No. 4-1994.
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.
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 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 and/or Code Enforcement Officer. The
Building Inspector and/or Code Enforcement Officer shall secure approval of
the Bureau of Fire Prevention, 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 and/or Code Enforcement Officer on a form provided by the
Building Inspector and/or Code Enforcement Officer. Said application shall
be accompanied by a plan or sketch showing the proposed location of any fence,
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 be accompanied by an appropriate fee. Upon approval by the
Building Inspector and/or Code Enforcement Officer, 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 six inches in height at the rear
of homes or buildings situated in a residentially zoned 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 48 inches.
This restriction shall not apply to construction in all zoning districts.
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.
A.
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
or a dangerous condition or an obstruction to combating fires which may affect
public safety is hereby expressly prohibited. Further, no fence shall be erected
in a front yard in a residential district or along a public right-of-way unless
the fence is uniformly less than 50% solid.
B.
The following fences and fencing materials are specifically
prohibited:
C.
All chain link fences erected shall be erected with the
closed loop at the top of the fence. All other fences shall be erected with
the finished side facing the nearest adjacent property line, where applicable.
D.
All entrances or gates shall open into the property.
E.
Notwithstanding the provisions of this section, the Building
Inspector and/or Code Enforcement Officer may issue a permit for the construction
of a security fence for commercial and industrial properties, upon due application
to and approval by the Building Inspector and/or Code Enforcement Officer
of the Village of South Glens Falls. The Building Inspector and/or Code Enforcement
Officer 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 decision of the Building Inspector and/or Code Enforcement
Officer to the Zoning Board of the Village of South Glens Falls by notice
to the same within 30 days of such denial. In the event that the Zoning Board
substantiates the denial of the Building Inspector and/or Code Enforcement
Officer, the applicant may resort to proper legal proceedings according to
the statutes of the State of New York.
F.
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 and/or Code Enforcement Officer and the Superintendent
of Highways 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 with the written direction of the Building Inspector and/or Code Enforcement
Officer or the Superintendent of Highways shall be guilty of a violation of
this chapter and shall be subject to its penalties.
The provisions of this chapter shall not apply to any fences erected
pursuant to any other legislation of the Village of South Glens Falls.
Any person, firm or corporation or his or her or its agent, servant,
workman or employee violating any of the provisions of this chapter shall
be punishable by a fine not exceeding $250 or by imprisonment for not more
than 15 days, or both. Each day's continuance of a violation after notice
to cease shall be deemed a separate and distinct offense and shall be punishable
accordingly.
[Added 6-19-2002 by L.L. No. 5-2002;
amended 3-21-2007 by L.L. No. 1-2007]
A fee shall be paid by the applicant upon submission of an application
required by this chapter. Such fee shall be established by the resolution
of the Village Board.
