Draft Local Law – Amending §4-420 Fences

RESOLUTION TO SCHEDULE PUBLIC HEARING ON A LOCAL LAW AMENDING §4-420 (FENCES) OF THE ZONING LAW TO ESTABLISH STANDARDS FOR STRUCTURAL FENCES AND REPEAL DUPLICATIVE REVIEW BY THE BOARD OF TRUSTEES AND ARCHITECTURAL REVIEW BOARD UNDER §4-420 AND §10-106(c)

RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on December 2, 2017 at 10: 00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against the following local law entitled: “Local Law amending §4-420 (Fences) of the Zoning Law to establish standards for structural fences and repeal duplicative review by the Board of Trustees and Architectural Review Board under §4-420 and §10-106(c).”
LOCAL LAW NO. OF 2017

A LOCAL LAW amending §4-420 (Fences) of the Zoning Law to establish standards for structural fences and repeal duplicative review by the Board of Trustees and Architectural Review Board under §4-420 and
§10-106(c).

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1. Legislative Intent.

Section 4-420 currently entitled “Fences” requires landowners to make application and obtain the review and approval of the Board of Trustees and the Architectural Review Board for a fence, including “living fences.” No other building, structure or improvement in the Village requires such duplicative review. Under this section, the Board of Trustees review and approval “to erect, plant or grow fences” is characterized to be “legislative in nature” and there are no standards or criteria to guide the Board of Trustees action. This section contains no requirements for structural fences, and does not define what a “living fence” is or provide any standards for same. Section 10-106(c) requires review of “all fences, whether structural or living, including fences for pools, tennis courts and gardens.” The standards of Architectural Review Board action under §10-108 apply to buildings and structures. Again there is no definition of a living fence, and there are no standards or criteria to guide the Architectural Review Board’s review of living fences. It is the intent of this local law to repeal §4-420 in its current form and replace it with a definition of structural fences and walls, and standards therefor, and to eliminate review and approval of all fences, structural or living, by the Board of Trustees. It is further intended that §10-108(c) be amended to eliminate reference to living fences. The Board of Trustees has been undergoing a study to establish regulatory standards and guidelines for the planting of living fences and hedges, and it is intended that future amendments to the Zoning Law will address such standards and guidelines.

Section 2. Amendment to §4-420. Section 4-420 of the Zoning Law is hereby amended by repealing the existing section in strikethrough words and replacing it with new section as underlined [Added] words as follows:

Section 4-408. Fences.

1. Fences, other than those required in connection with swimming pools, whether structures, or living in the form of vegetation, may be permitted, subject to the issuance of a license by the board of trustees. The board of trustees finds and determines that fences should neither be permitted nor prohibited generally and that because of varying conditions adequate guidelines cannot be established for delegated administrative action by the board of appeals. Accordingly, action on applications for permission to erect, plant or grow fences shall be legislative by nature. Applications may be submitted to the village clerk in letter form, but must be accompanied by a plot plan showing location on the premises, and an elevation or elevations showing the height or heights, including in the case of a living fence, the maximum height to which it is proposed to permit growth, and may be accompanied by an acknowledged consent of the adjacent property owner or owners. The Board of Trustees will determine whether the fence is appropriate for the property and area in question. The Board of Trustees after review and approval shall then refer the matter to the Board of Architectural Review for review and approval of the dimensions and materials utilized in the construction of the fence, whether living or structural.

2. Applications for all fences, whether structural or living including fences for pools tennis courts and gardens, are also subject to approval of the Architectural Review Board provided herein.

[Added] Section 4-408. Fences and walls.

1. Fences and walls are defined as structures of wood, stone, metal, plastic, or other material, or combination thereof, bounding an area of land designed or intended to limit access to an area, or for defense, security, screening or enclosure, or for the retention of earth, stone, fill or other materials as in the case of retaining walls or bulkheads. The following requirements shall apply to fences and walls in all districts.

(a) No fence or wall in a front yard or along a street line shall have a height greater than four (4) feet subject to Architectural Review Board review of scenic views versus privacy.
(b) No fence or wall in a rear yard or side yard shall have a height greater than six (6) feet subject to Architectural Review Board review of scenic views versus privacy.
(c) In no case shall any fence have a height greater than six (6) feet subject to Architectural Review Board review of scenic views versus privacy.
(d) All fences to be erected shall have the finished side of the fence toward the adjoining street and to adjoining neighboring property(ies) set back five (5) feet from the property line or other reasonable distance subject to Architectural Review Board review of scenic views versus privacy.
(e) A fence or wall shall not be erected on a berm or another fence or wall.
(f) Fences and walls on corner lots shall be subject to the corner clearance requirements of §4-408 herein.

2. Method of measuring the height of a fence or wall. The height of a fence or wall shall be measured from the ground level at the base of the fence, except that, where there is a retaining wall, the height shall be measured from the average of the ground levels at each side of the retaining wall and further except that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding the provisions of Subsections 1 (a), (b) and (c) above.

3. Applications for all fences, including fences for pools tennis courts and gardens, are subject to review and approval of the Architectural Review Board under the provisions of Article X of this law.
[End of Addition]

Section 3. Amendment §10-108c. Section 10-108c of the Zoning Law is hereby amended by deleting in strikethrough words as follows:

c. All fences, whether structural or living, including fences for pools, tennis courts and gardens.

Section 4. Authority. The proposed local law is enacted pursuant to Village Law §7-708 and Municipal Home Rule Law §10(1)(i), 10(1)(ii)(a)(11), 10(1)(ii)(a)(12), and 10(1)(ii)(e) (3).

Section 4. Severability. If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 5. Effective Date. This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to refer this local law to the Suffolk County Planning Commission; and
AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Public Hearing:
NOTICE OF PUBLIC HEARING

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, December 2, 2017, at 10:00 a.m. prevailing time, at the Dering Harbor Village Hall, Locust Point Road, Dering Harbor, New York, to hear any and all persons either for or against a local law entitled: “Local Law amending §4-420 (Fences) of the Zoning Law to establish standards for structural fences and repeal duplicative review by the Board of Trustees and Architectural Review Board under §4-420 and §10-106(c).”
Copies of the proposed law, sponsored by the entire Board of Trustees, are on file in the Village Hall, Thursday, from 9:00 a.m. to 5:00 p.m. and Friday 2:00 p.m. to 5:00 p.m., or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES VILLAGE OF DERING HARBOR, NEW YORK