[Amended 4-1-1975 by L.L. No. 1-1975]
[Amended 1-12-1987 by L.L. No. 1-1987]
Construction of any retaining wall of any dimension
shall require a building permit, to be applied for and issued prior
to commencement of construction.
Subject to the provisions of Chapter 163, Zoning, § 163-32A, fences and walls may be erected without a building permit, except that a fence building permit shall be required for the erection of a fence or wall within four feet of any lot line and for the erection of a fence or wall exceeding four feet in height within any required yard. The words "fences" and "walls" shall be deemed synonymous when used throughout this chapter. Any arrangement of multiple four-foot fences set apart approximately four feet, more or less, designed to deter entry of deer and located within any required yard shall be deemed a deer fence subject to §§ 74-4B(13) and (14) below.
[1]
Editor's Note: This local law also provided
as follows: "This local law shall lapse and expire and shall be without
further force and effect on June 1, 2000, absent the later adoption
of a local law extending or modifying its provisions with respect
to this lapse date. Upon the lapse and expiration of this local law,
any fence erected pursuant to this local law shall be removed."
[Amended 1-12-1987 by L.L. No. 1-1987; 6-20-1996 by L.L. No.
3-1996]
B.
Any provision in this chapter to the contrary notwithstanding, the Board of Architectural Review shall have authority to approve the installation of a fence greater in height than otherwise allowed under this chapter, provided that the Board finds that the sole purpose of the installation of said higher fence is to exclude deer from the enclosed yard or area and that the installation as proposed is consistent with the standards and conditions of this § 74-4B. Any such application for a fence under this subsection shall be made on forms provided by the Village Clerk, shall be accompanied by an application fee of $250 and shall include a survey showing the current perimeter of the applicant's premises, an authorization to permit site inspection by the Board, photographs sufficient to permit the Board to evaluate the on-site and nearby off-site conditions, including specifically a photograph of the applicant's property showing the driveway used as an entrance and exit point and the yard or yards closest to the nearest traveled road, and a sample of fencing material proposed to be installed complying with § 74-4B(9) below. All applications under this subsection shall be reviewed and considered under the following standards:
(1)
No fence shall exceed eight feet in height measured
from the natural existing grade at the point of installation of the
fence. In no event shall the height of a fence be increased by placement
upon a berm or any artificial change in the natural grade, it being
intended that the maximum height of any fence not exceed eight feet
from the prevailing natural grade. No lights, ornaments, signs or
decorations may be placed or maintained atop any part of the fence
or any post or any gate or part thereof. The surface color or finish
of fences, including all parts thereof, to the maximum extent feasible
shall be black or natural and shall otherwise not be painted.
(2)
No fence is permitted in a front yard, meaning for purposes of § 74-4B the lot area between a house and the street, and in no event shall a fence be less than 90 feet from the street in the R-1 District and 70 feet from the street in the R-2 District. If the house is further back than the aforesaid setbacks in the respective districts, the greater setback of the front of the house shall prevail. Any provision hereinbelow in § 74-4B(7) to the contrary notwithstanding, any fence permitted between the residence and the water on any waterfront parcel shall be subject to the condition that said fence not be vegetated with hedging or other vegetation, it being intended that this prohibition will diminish the risk of impeding water views.
(3)
In no event shall any installation of a fence under this subsection be approved if the installation would cause or promote any risks to traffic, including animal, vehicular or pedestrian, on any nearby or adjacent traveled roadway. All fences shall be maintained with at least a ten-foot setback from the rear and side lot lines. Additional fencing on boundary lines or between a fence installed pursuant to this subsection and a boundary line is prohibited. On a corner lot, the owner may select which of the two yards facing the street is the front yard and the opposite yard shall be the rear yard, except that in no event shall any fence be installed or maintained within 75 feet of either yard facing the street in the R-1 District and within 50 feet of either yard facing the street in the R-2 District. On flag lots, the yard closest to the street will be the front yard for purposes of this § 74-4B only.
(4)
Any approval shall be conditioned upon a specific
finding by the Board that the installation of the proposed fence shall
not adversely impact the property value of the applicant or any improved
neighboring parcel within 250 feet of the applicant's lot or parcel
of land.
(5)
Any approval shall be conditioned upon a specific
finding by the Board that the proposal as approved is the sole reasonable
method feasible for the applicant to pursue in the applicant's effort
to exclude deer from the applicant's lot or parcel of land.
(6)
Any approval shall be conditioned upon a specific
finding by the Board that the installation of the proposed fence will
not have an adverse effect on the physical or environmental conditions
in the neighborhood.
(7)
On every application, the Board shall restrict the
removal of vegetation incident to the installation of any fence or
part thereof, the Board shall require the installation of hedging
and vegetation and the Board shall condition approval of an application
on installation of said hedging or vegetation to conceal the fencing
and/or diminish its mass or scale. Hedging shall be installed simultaneously
with any fence and shall comply with specifications approved by the
Board. All such hedging shall be at least six feet in height upon
installation.
(8)
In no event shall fencing approved under this subsection serve as a substitute for required fencing under § 163-10E(8)(e) of the Village's Code, or the New York State Uniform Fire Prevention and Building Code.
(9)
All applications shall avoid the use of unnecessarily
large or visually unattractive components. By way of illustration,
not limitation, the fencing material shall be high strength wire-like
mesh (1.75 inch) made of UV stable black polypropylene. Posts of a
size greater than four inches by four inches, barbed wire, chain link
and any artificial elevation of grade or change of grade at or near
the point of installation of the proposed fence is not allowed. All
posts shall be polyester-coated black, galvanized steel spaced 15
or more feet apart excepting as circumstances require and the Board
approves otherwise. Corner and/or gate posts may by four inches by
four inches but all other posts shall not exceed a profile of 1.625
inches. Bracing is not allowed except at corners and gates within
four feet above natural grade. CCA treated material is prohibited.
(10)
No electric fences, wired, wireless or otherwise, are allowed. Electrically operated gates are not prohibited under this subsection. Gates shall not exceed 10 feet in width or eight feet in height measured from natural grade and, notwithstanding § 74-4B(9) hereinabove, may be constructed of material different from as specified therein, provided said material and design is otherwise approved by the Board and found by the Board to be otherwise consistent with all other provisions of § 74-4B. Any provision foregoing to the contrary notwithstanding, cattle grates may be installed as an alternative to a gate accessory to a fence approved hereunder, provided:
(11)
Any approval of any application under this subsection shall be conditioned upon the applicant recording at the Suffolk County Clerk's office a declaration holding harmless and indemnifying the Village of North Haven from any claim, cost or expense, including attorneys' fees, arising by reason of the installation or maintenance of any fence approved under this subsection and, further, acknowledging the obligatory compliance of said applicant property owner with Village Code § 163-20, Clearing limitations. Said declaration shall also include an affirmative representation of the applicant binding the applicant and the applicant's successors in title requiring the removal of so much of the fence as is approved under this subsection as would not otherwise be allowed under this Chapter 74 of the Village Code upon the expiration of rights under this subsection and authorizing, in the event of default in said removal, the removal of the fence by the Village at the expense of the lot owner and the imposition of any costs thereof as an additional realty tax on said lot or parcel of land. Any said declaration shall be approved in form and substance by the Board of Trustees, and the Board of Trustees shall cooperate with any applicant or successor in title to removal of the declaration and release from its terms upon the later removal of any fence approved under this subsection, excepting from said release any claims thereafter filed for the period preceding the date of removal of the declaration and release therefrom. Any request for a variance from the provisions of § 74-4B shall be made to the Zoning Board of Appeals as an application for an area variance pursuant to Village Law § 7-712-b(3)(b), but no such application shall be heard and decided except upon the preparation of an advisory report by the Board of Architectural Review to the Zoning Board of Appeals.
(12)
The provisions of this § 74-4B shall lapse and expire and shall be without further force and effect on June 1, 2013, excepting:
[Amended 4-3-2007 by L.L. No. 4-2007; 11-2-2009 by L.L. No.
6-2009; 7-2-2013 by L.L. No. 2-2013; 6-6-2017 by L.L. No. 1-2017; 6-16-2021 by L.L. No. 4-2021]
(a)
Any deer fence erected pursuant to Local Law No. 3 of 1996,
as amended by Local Law No. 1 of 2000, as amended by Local Law No.
3 of 2003, as amended by Local Law No. 4 of 2007, as amended by Local
Law No. 6 of 2009, as amended by Local Law No. 2 of 2013, as amended
by Local Law No. 1 of 2017, and as amended by Local Law No. 4 of 2021,
shall be removed as of June 1, 2025;
(b)
Any fence removed on or before June 1, 2003, shall not be thereafter maintained except upon approval by the Board of Architectural Review pursuant to the provisions of § 74-4B in effect as of June 1, 2003, and thereafter; and
(c)
Upon the lapse or expiration or repeal of either Local Law No. 3 of 1996 or Local Law No. 1 of 2000 or Local Law No. 3 of 2003 or Local Law No. 4 of 2007 or Local Law No. 6 of 2009 or Local Law No. 2 of 2013 or Local Law No. 1 of 2017 or Local Law No. 4 of 2021, this local law shall continue in force and effect solely so as to compel the removal of any fence erected pursuant to the respectively applicable provisions of § 74-4B effective 1996 or 2000 or 2003 or 2007 or 2009 or 2013 or 2017 or 2021, that is, by June 1, 2025.
(13)
Any fence design or arrangement of multiple four-foot
fences intended to take advantage of the reported inability of deer
to understand depth perception and/or to frustrate or deter entry
of deer upon a parcel of land shall be subject to review by the Board
of Architectural Review if same is within any required yard.
[Added 1-5-2006 by L.L. No. 2-2006]
(14)
Any such fence design or arrangement described in the preceding Subsection B(13) shall be prohibited unless mitigated by vegetation from the view of any adjacent road or right-of-way or separate property (it being intended that the fence be substantially concealed but that visitors and viewsheds be preserved to the extent able and reasonable), and the Board of Architectural Review shall condition any approval of same on the filing of a suitable covenant at the Suffolk County Clerk's office assuring the continuing concealment of such fence design or arrangement during the period this § 74-4 remains in effect and assuring the removal of said fence design or arrangement upon the lapse of this § 74-4 as provided in Subsection B(12) above.
[Added 1-5-2006 by L.L. No. 2-2006]
(15)
In no event shall any gate exceed the height of the
fence.
[Added 1-5-2006 by L.L. No. 2-2006]
[1]
Editor's Note: This local law also provided
that any deer fence installed or maintained under this law or under
the 1996 local law, as extended in 2000, must be removed no later
than June 1, 2007.
