[HISTORY: Adopted by the Board of Trustees
of the Village of Sea Cliff 9-17-1979 by L.L. No. 19-1979; amended in its entirety 12-17-1990 by L.L. No.
3-1990. Subsequent amendments noted where applicable.]
[Amended 11-19-2019 by L.L. No.
7-2019]
A.
Except as otherwise permitted herein, no person shall be permitted
to erect or maintain or cause to be erected or maintained any fence
or wall, other than a wall which is an integral part of a structure.
B.
A new or replacement fence located not closer to a front property
line than a front line of the principal building on the premises and
a front line of the principal building on an adjoining premises made
of natural wood, at a height of not more than five feet, together
with an additional one foot high top portion containing open type
fencing, including lattice, slats or similar open fencing, made of
wrought or cast iron, at a height of not more than six feet, and/or
made of open-wire material, at a height of not more than five feet,
is permitted upon first applying for and obtaining a building permit
from the Building Department.
C.
A new or replacement fence in a front yard and located between the
principal building on the premises and a front property line, made
of natural wood, wrought or cast iron or open-wire material at a height
of not more than four feet, and located at least 15 feet from curb
cut or intersection, and/or at a height of not more than three feet,
and located within 15 feet of a curb cut or intersection, is permitted
upon first applying for and obtaining a building permit from the Building
Department.
D.
The height of a fence or wall shall be measured from the ground level
on the lower side of such fence or wall.
E.
Fences shall be constructed with the finished and/or good side facing
away from the premises on which such fence is erected.
[Added 2-1-2010 by L.L. No. 1-2010; amended 11-19-2019 by L.L. No. 7-2019]
A.
Retaining walls shall not extend more than three inches above the
ground that they support.
B.
No retaining wall shall exceed four feet in height, and no two retaining
walls may be closer than five feet to one another, measured from wall
face to wall face.
C.
An existing or replacement wall in a front yard and located between
the principal building on the premises and a front property line at
a height of not more than four feet, and located at least 15 feet
from curb cut or intersection, and/or at a height of not more than
three feet, and located within 15 feet of a curb cut or intersection,
is permitted upon first applying for and obtaining a building permit
from the Building Department.
No person shall be permitted to erect or cause to be erected any barbed-wire or similar type fence. Any such fence in existence on the effective date of this chapter shall be permitted to remain, provided that such fence is maintained, repaired and required in such manner as to warrant its continued existence as evaluated and determined based upon the criteria set forth in § 64-3.1B.
[Amended 2-1-2010 by L.L. No. 1-2010; 11-19-2019 by L.L. No. 7-2019]
A.
The provisions of §§ 64-1 and 64-1.1 notwithstanding, fences and walls in excess of the prescribed heights, fences with the finished side facing the premises on which the fence is erected, fences of a material not permitted herein, retaining walls extending more than three inches above the ground that they support, retaining walls closer to one another than the prescribed distance, and any fence or wall not eligible for a building permit as provided in §§ 64-1 or 64-1.1 may be permitted upon application to the Planning Board of the Village of Sea Cliff for a permit to erect or maintain such fence or wall. The fee for such permit shall be as set forth in Appendix Chapter A142. Such fee shall accompany each application, which shall be in writing and shall be filed with the Building Department. The form, documents and information to be submitted with such application shall be as prescribed by the Building Department.
B.
Notwithstanding any other provision in this Code, applications for
Planning Board approval, as permitted herein, shall be in accordance
with the procedure in this section.
(1)
On an interior lot, an applicant for a fence or wall approval shall
provide a notice, as prepared by the Village, to property owners of
all properties that abut the applicant's premises and all properties
on the opposite side of the street of the applicant's premises,
including all properties that either include land between the side
property lines of the applicant's premises or have at least one
side or rear property line that is directly across from any portion
of applicant's property.
(2)
On a corner lot, an applicant for a fence or wall approval shall
provide a notice, as prepared by the Village, to property owners of
all properties that abut the applicant's premises, all properties
abutting the corner intersection, and all properties on the opposite
side of the street and between the intersecting corner and the next
intersection.
(3)
The notice required by § 64-3(B)(1) and (2) shall be sent
in the following manner. The applicant shall prepare a map (in such
form as may be required by the Village) stating the names of the owners
of all properties to whom notice is required to be provided pursuant
to § 64-3(B)(1) and (2). The applicant also shall deliver
to the Building Department unsealed, prepaid, stamped envelopes addressed
to each such property owner, with a return address provided on the
envelope as Village Hall, 300 Sea Cliff Avenue, PO Box 340, Sea Cliff,
New York 11579, and each envelope containing therein a copy of the
plans depicting all details of the proposed fencing or wall, including
the location, height, materials, fencing style, and direction of finished
side of fencing, if applicable. The Village shall place a notice in
each envelope providing that the recipient of the notice has 14 calendar
days to submit to the Village a written objection or concern to the
fencing, and shall thereafter mail the envelopes.
(4)
If no person submits a written objection or concern to the Village
regarding the proposed fence or wall, within the fourteen-day period,
and the proposed fencing requires no further approvals or review by
any other board or agency with jurisdiction, the Building Department
shall issue a building permit for the proposed fence or wall.
(5)
If any person presents a written objection or concern to the Village regarding the proposed fence or wall, the applicant may make an application for Planning Board approval for permission to construct the fence or wall. The Planning Board application procedure shall be the same as an application for site plan approval, as provided in Chapter 107.
A.
While it is generally in the best interests of the Village of Sea Cliff to require fences and walls to comply with the restrictions set forth in § 64-1, there are situations which warrant exceptions to these requirements. This section provides criteria, objectives, standards and guidelines to be considered in determining whether an exception should be granted, giving reasonable consideration to the needs, objectives and purposes of the applicant as balanced against the physical and visual environment of the Village and the safety, health and welfare of the adjoining property owners and the Village and its residents. To achieve this goal, the Planning Board of the Incorporated Village of Sea Cliff is hereby empowered to review all applications for exceptions for determination based upon the criteria as set forth herein.
B.
In determining whether or not to issue the permit for an exception as provided for in § 64-3, the Planning Board shall consider, along with all other factors which the Board deems relevant, the type of fence to be used, including the design and component materials; location; setback from property lines, streets, and corners; height; purpose, including necessity for privacy, safety or shielding from noise, traffic or other potentially annoying factors; whether the fence is new or the replacement of an existing fence; the consent or objection of adjacent property owners; whether the fence will accomplish the proposed purpose; practicality of alternatives to accomplish the same purpose with less adverse effect; effects on the adjacent properties; obstructions to light, air and visibility of adjacent properties which will result; appropriateness of design to the character of the neighborhood; effect on clear and safe passage of pedestrians and vehicles; whether an obstruction to view will be created which creates a danger to pedestrians or traffic disproportionate to the benefit to be derived; means of fastening and support; likelihood of accident or danger due to location; and whether the structure will be permanent or temporary.
No fence, hedge, wall or planting shall be erected
or maintained on any corner lot or other property which may cause
danger to traffic upon any street or public place in the Village by
obscuring the view. The owner or owners of record of the property
involved shall remove or trim any such fence, hedge, wall or planting
within 15 days after the mailing (by certified mail, return receipt
requested) of a notice directing the same, by or on behalf of the
Board of Trustees, to said owner or owners at the address of record
set forth on the current tax assessment rolls of the Village of Sea
Cliff. In the event that such notice shall not be duly and timely
complied with, such work as shall be necessary to remove or correct
the violation shall be performed on behalf of the Board of Trustees
and the entire cost thereof, including any attorney's fees incurred,
shall be assessed by the Board of Trustees upon the real property
in question. The expenses and fees so assessed shall constitute a
lien and charge upon such real property until paid or otherwise satisfied
or discharged and shall be collected in the same manner and at the
same time as other charges, taxes and assessments of the Village of
Sea Cliff.
Any person aggrieved by any decision of the
Planning Board may apply to the Supreme Court of the State of New
York for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceeding shall be instituted within 30 days
after the filing of the decision of the Planning Board in the office
of the Village Clerk.
The Planning Board is hereby authorized to adopt,
promulgate, amend and repeal rules and regulations governing its procedure
and the transaction of its business and for the purpose of fully implementing
the provisions of this chapter. Such rules and regulations, and any
amendment thereto, shall be subject to approval by the Board of Trustees
and, once approved, shall be made a part of this Code with the same
force and effect as all other laws of the Incorporated Village of
Sea Cliff.
[Added 12-11-2006 by L.L. No. 3-2006]
It shall be the duty of every property owner
to keep any wall located on his property and adjacent to or within
six feet of any property line of his premises, and any wall located
on Village property and adjacent to or within six feet of any property
line of his premises, in a safe condition and to make such repairs
and correct such conditions as the Board of Trustees or its authorized
representative shall direct.
All walls or portions thereof which are structurally
unsafe, or which are otherwise dangerous to human life or which, in
relation to existing use, constitute a hazard to safety by reason
of inadequate maintenance, dilapidation, obsolescence or abandonment
are, severally, for the purpose of this article, unsafe walls. All
such unsafe walls are hereby declared to be illegal and shall be abated
by repair and rehabilitation or by demolition in accordance with the
procedures of this article.
The Superintendent of Buildings shall examine
or cause to be examined every wall reported as unsafe or dangerous
and shall make a written report of such examination. A copy of the
report shall be submitted to the Board of Trustees. For the purposes
of this article, the Superintendent of Buildings shall include the
Superintendent of Buildings and such other persons as the Board of
Trustees shall designate by resolution from time to time.
Whenever the Superintendent of Buildings shall
find any wall or any portion or portions thereof to be an unsafe wall
as defined in this article, he shall serve written notice of the unsafe
condition on the property owner. This notice shall contain a description
of the property and the wall, a statement of the particulars in which
the wall is unsafe, and an order requiring the said wall to be made
safe, or, at the discretion of the Village, removed. The notice shall
require the owner, within a stated time commensurate with the type
and condition of the wall, either to complete the specified repairs
or improvements or, at the discretion of the Village, to demolish
and remove the wall or the specified portion or portions thereof.
The notice shall further provide that in the event the property owner
shall fail, neglect or refuse to comply with such notice within the
stated time limit, an application will be made at a Special Term of
the Supreme Court of Nassau County for an order determining the wall
to be a public nuisance and directing that it be repaired or taken
down and removed.
The notice shall be served on the property owner
personally or by leaving the notice at the residence of such owner
or owners with a person of suitable age and discretion or by posting
the same conspicuously on the premises at which the wall is located
and mailing a copy thereof addressed to such owner or owners at the
address of record set forth on the current tax assessment rolls of
the Village of Sea Cliff. Where there are two or more owners of any
such property, service upon one of them shall be sufficient.
A.
Repairs and the correction of conditions made at the
direction of the Board of Trustees or its authorized representative
shall be carried out under the supervision of the Board of Trustees
or such representative. All costs incurred shall be paid solely and
entirely by the property owner. For purposes of this article, the
Superintendent of Buildings shall be such an authorized representative,
as well as such other persons as the Board of Trustees may designate
by resolution from time to time. Under no circumstances shall the
Village incur any obligation to a property owner to share the cost
of repairs or the correction of conditions under this section.
B.
When a wall, or any portion or portions thereof, must
be repaired or replaced, the Village shall have the right to modify
the location of the wall, or any portion or portions thereof, including
the relocation of the wall or any portion or portions thereof, to
Village property, notwithstanding that the wall was originally, either
completely or partially, on the owner's property, provided the function
and purpose of the wall will not be adversely affected by the relocation.
In the event the property owner requires more
time to commence or complete the required repairs or to correct the
unsafe conditions, any approval of an extension of time shall only
be valid if granted, in writing, by the Village.
A.
In the event the property owner shall fail, neglect
or refuse to comply with the notice to complete the repairs or correct
the conditions or to demolish and remove the wall or any specified
portion or portions thereof within the stated time limit, a survey
of the wall shall be made by the Superintendent of Buildings and an
architect or engineer to be named by the Board of Trustees and an
engineer or architect appointed by the property owner. The engineer
or architect appointed by the Board of Trustees shall be compensated
by the Village, and the engineer or architect appointed by the property
owner shall be compensated by the property owner. In the event of
the refusal or neglect of the property owner to appoint an architect
or engineer, the Superintendent of Buildings and the architect or
engineer named by the Board of Trustees shall make the survey and
report to the Board of Trustees. A signed copy of the report shall
be posted on the property. The Board of Trustees shall thereupon take
such action as it shall deem necessary and proper, including application
to the Supreme Court of Nassau County if such action is warranted
by the circumstances.
B.
Upon the issuance of a court order authorizing the
Village to perform such work as shall be necessary to repair or correct
the conditions, or to demolish and remove the wall or any specified
portion or portions thereof, such work shall be performed on behalf
of the Board of Trustees, and the entire cost thereof plus any attorney's
fees incurred, shall be paid by the owner of the property on which,
or adjacent to which, the wall is located.
In cases of emergency in which the Superintendent
of Buildings finds that there is actual and immediate danger of failure
or collapse so as to endanger human life or health, he shall promptly
cause such wall or portion thereof to be made safe or removed. For
this purpose, he may at once enter the property on which the wall
stands, or abutting land or buildings, with such assistance and at
such cost as may be necessary. He may vacate or prohibit access to
the adjacent area and protect the public by appropriate barricades
or such other means as may be necessary and, for this purpose, may
close a public or private way.
All costs and expenses incurred by the Village
in connection with any of the above proceedings, including any attorney's
fees incurred, and 100% of the cost of repairing or correcting the
conditions or demolishing and removing the wall or any specified portion
or portions thereof shall be assessed by the Board of Trustees upon
the real property on which, or adjacent to which, the wall is located.
The owner of the property shall be served with a written notice by
the Village Clerk, sent by regular mail and by certified mail, return
receipt requested, indicating the total costs and expenses incurred
by the Village in connection with such proceedings and the portion
thereof payable by the property owner. If the property owner shall
fail to pay such costs and expenses within 10 days of the postmark
date of such notice, the Village Clerk shall thereupon notify the
Village Assessor, who shall immediately fix and determine a special
assessment against the real property involved in the amount of such
costs and expenses, and present such assessment to the Board of Trustees
for confirmation. Upon confirmation, the expenses and fees so assessed
shall constitute a lien and charge upon such real property until paid
or otherwise satisfied or discharged, the lien shall have the same
priority as a Village tax, and shall be collected in the same manner
and at the same time as other charges, taxes and assessments of the
Village of Sea Cliff. Collection and cancellation of such special
assessment shall be in accordance with the provisions of the Village
Law. This remedy shall be in addition to any other penalty provided
for under this Code.
A.
No permit fee shall be charged or payable regarding any repairs or the correction of conditions made at the direction of the Board of Trustees or its authorized representative pursuant to this article. The permit application shall be made by the Village of Sea Cliff, and the provisions of §§ 64-3 and 64-3.1 shall not apply.
B.
For any premises adjoining a state and/or county road,
approval of the appropriate authority, if required, must be presented
before a permit will be issued for construction of the wall.
The Superintendent of Buildings is hereby authorized
to promulgate standards and conditions for the construction of walls
in the Incorporated Village of Sea Cliff, including the materials
required and the method of construction. Such standards and conditions,
and any amendments thereto, shall be subject to approval by the Board
of Trustees and, once approved, shall be made a part of this Code
with the same force and effect as all other laws of the Incorporated
Village of Sea Cliff.
