RESOLVED, that the Board of Trustees of the Village of Dering Harbor hereby directs that a public hearing shall be held on Saturday, March 7, 2020 at 9:00 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(1) & (3) (Fences and Walls) of the Zoning Law to permit protective deer fencing.”

LOCAL LAW NO. ___ OF 2020

            A LOCAL LAW amending §§4-420(1) & (3) (Fences and Walls) of the Zoning Law to permit protective deer fencing.”

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

Section 1. Amendment.  Section 4-420(1) (Fences and walls) is hereby amended by adding a new subsection (h) as underlined words as follows:

Section 4-420.  Fences, walls and hedges.

1.  Fences and walls.  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.  A hedge as hereinafter defined shall not be considered to be a fence or wall.  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.

            (b) No fence or wall in a rear yard or side yard shall have a height greater than six (6) feet.

            (c) In no case shall any fence have a height greater than six (6) feet.

            (d) All fences to be erected shall have the finished side of the fence toward the adjoining street and to adjoining neighboring property(ies).

            (e) A fence or wall shall not be erected on a berm or another fence or wall unless the total height of the combination of such features does not exceed the standards in this section.

            (f) Fences and walls on corner lots shall be subject to the corner clearance requirements of §4-408 herein.

            (g) To allow for visual clearance and snow removal, fences and walls shall be setback a minimum of four (4) feet from the street right-of-way line or such other greater distance as may be determined by the Architectural Review Board.  Where the boundary line for the property extends into the paved portion of the street, then such fence or wall shall be setback a minimum of four (4) feet from the paved edge, curb line or sidewalk, whichever is greatest.

            (h) Notwithstanding any provision in this section to the contrary, a fence to protect the foliage of vegetation from being eaten by deer may be erected and maintained on a temporary basis.  Such temporary fence shall be fabricated of welded wire mesh with forest green or black PVC coating.  Fence posts shall also be forest green or black in color.  Such temporary fence shall not exceed the height of the hedge, shrub or plant to be protected or five (5) feet above the grade level, whichever is less.  Such temporary fence shall be placed in such a manner that it is immediately adjacent to the hedge, shrub or ornamental plant to be protected so that it visually blends into the hedge, shrub or plant.

Section 2. Amendment.  Section 4-420(3) (Review of fences and walls by the Architectural Review Board) is hereby amended by adding underlined words as follows:

            3.  Review of fences and walls by the Architectural Review Board.  Applications for all fences and walls, 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, except that a fence necessary to protect the foliage of ornamental vegetation as described in subsection (1) that is erected and maintained on a temporary basis shall not require a building permit or review by the Architectural Review Board.  The Architectural Review Board shall have the authority to impose greater setbacks or reduce the height of fences and walls.

Section 3.  Authority.  The proposed local law is enacted pursuant to Village Law §§7-700 & 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.