[HISTORY: Adopted by the Board of Trustees of the Village
of Lynbrook as Ch. 13 of the 1967 Code of Ordinances. Amendments noted
where applicable.]
[Amended 8-15-1977 by L.L. No. 12-1977; 3-2-1998 by L.L. No.
6-1998]
It shall be the duty of every owner or lessee of land in the village, or the agent of such owner or lessee having control thereof, upon which there is or may hereafter be planted or grown a hedge, to keep such hedge cut and trimmed to a height of not more than the height of an approved fence from the level of the ground where same is planted or grown and not more than two feet six inches in width and to keep such hedge, which fronts or faces upon a street or highway, from extending, overlapping or encroaching upon the public streets. The above provision notwithstanding, nothing in this section shall be construed to permit any vegetation in excess of the heights permitted for certain growths by Chapter 185, Property Maintenance, Chapter 212, Streets and Sidewalks and Chapter 236, Vegetation.
It shall be unlawful for any owner or lessee of land in the
village, or the agent of such owner or lessee having control thereof,
to allow dried grass, dried leaves or other dried articles to accumulate
in or about hedges or fences in such manner or in such quantity as
will tend to make same a fire hazard or hinder the extinguishment
of fires or be dangerous to firemen in the performance of their duties
as such firemen in protecting from or extinguishing fire in the buildings
on such land or adjacent land.
It shall be unlawful for any owner or lessee of land in the
village, or the agent of such owner or lessee having control thereof,
to erect a fence upon such land without first having obtained a permit
therefor from the Building Superintendent.
[Amended 11-19-1984 by L.L. No. 12-1984; 3-2-1998 by L.L. No.
6-1998]
The fee for the permit required in § 144-3 shall be in such amount as set by resolution of the Village Board of Trustees.
[Amended 7-12-1976 by L.L. No. 7-1976; 11-6-1978 by L.L. No. 16-1978; 12-7-1981 by L.L. No. 13-1981]
A.
In Dwelling A, Dwelling B and Dwelling C Districts, a fence not exceeding
six feet in height shall be permitted on the rear lot line and those
linear portions of the side lot lines enclosing a rear yard; provided,
however, that the six-foot fence shall not exceed a greater distance
frontward to the street than the rear building line. The term "rear
building line" shall refer only to the principal structure and shall
not include patios, porches or other extensions thereto. Fences for
all other lot lines shall not exceed four feet in height. The finished
side of the fence shall face the adjoining property.
[Amended 1-9-1995 by L.L. No. 1-1995]
(1)
On a corner lot, any fence on the rear lot line or on the side lot
line enclosing the rear yard which fronts or faces a sidewalk or street
and which is located less than six feet from the property line shall
be subject to the following requirements if such fence, or any portion
thereof, exceeds four feet in height:
(a)
Prior to the issuance of a permit, the application for such
fence shall be submitted to the Architectural Review Board, which
shall review the design and aesthetics of such fence.
(b)
Such fence shall be set back from the property line not less
than two feet; however, the Architectural Review Board may require
that such fence be set back up to six feet from the property line
if the Board finds that a setback of greater than two feet is required
for aesthetic or other reasons.
(c)
The Architectural Review Board may require decorative fencing
and may require plantings to be installed and maintained on the street
side of the fence or may impose other conditions as the Board deems
necessary and proper.
(d)
The finished side of such fence shall face the street.
B.
A fence, not exceeding six feet in height, shall be permitted in
the Commercial, Light Manufacturing and Industrial Districts, as designated
on the official Zoning Map of the village. The finished side of the
fence shall face the adjoining property.
A fence for any public or private school in the village may
be erected to a height of six feet above the ground.
[Amended 3-2-1998 by L.L. No. 6-1998]
Fences in the Light Manufacturing or Industrial Zone may have
barbed wire on the tops thereof. Barbed wire shall be completely on
the property side of the fence.
A.
Right of appeal. Any owner, lessee or person aggrieved by any order
served upon him by the Building Superintendent or by a member of the
Police Department with respect to any hedge or fence may make application
to the Board of Appeals, within 10 days after such order has been
served upon him, to revoke such order or for other relief.
B.
Effect of appeal. The operation of any order served shall be suspended
pending the hearing thereof by the Board of Appeals, and all operation
or contemplated action with reference to a fence, except as herein
set forth, shall also be suspended.
C.
Authority as to appeal. The Board of Appeals may confirm, revoke
or modify any such order and may impose such conditions as it deems
necessary in the premises.
[Amended 7-12-1976 by L.L. No. 7-1976; 3-2-1998 by L.L. No. 6-1998]
A.
Where a failure to comply with any provision of this chapter constitutes
a hazard to public health, safety or welfare, a written order shall
be given by the Superintendent of the Department of Buildings or by
a member of the Police Department directing compliance.
B.
The failure to comply with any provision of this chapter within 10
days after an order is served by the Superintendent of the Building
Department or by a member of the Police Department, when no appeal
is taken therefrom, or within 10 days after an order has been made
by the Board of Appeals affirming said order or modifying the same
on appeal, shall be deemed a violation of this chapter.
C.
The order herein may be served upon the owner or lessee of the land,
or the agent of either, by personal service or, if such person cannot
be served by personal service, a copy of the order shall be served
by certified mail upon the owner as the name and address thereof appear
on village records and a copy of the order affixed to the premises.
A.
Compliance to be secured. If any owner or lessee of land, or the
agent of such owner or lessee having control thereof, fails to comply
with the order served upon him as aforesaid with respect to same,
or if no person can be found in the village who is or claims to be
the owner, lessee or agent in control of such land, the Board of Trustees
may cause a hedge to be cut and trimmed or otherwise made to conform
to this chapter, may cause the dried grass, dried leaves or other
dried material to be removed, may cause a hedge which exceeds the
maximum permitted height or width to be cut and trimmed and/or may
cause all fences erected to conform to this chapter.
[Amended 7-12-1976 by L.L. No. 7-1976; 8-15-1977 by L.L. No. 12-1977; 3-2-1998 by L.L. No. 6-1998]
B.
Collection of cost. The actual cost of any and all such work performed
by the village, plus an additional charge of 5% for the cost of inspection,
shall be certified by the Village Clerk to the Board of Trustees,
and the amount so certified shall thereupon become and be a lien upon
the property affected and shall become a part of the taxes next to
be assessed and levied on such land, to be collected and enforced
in the same manner as taxes.
