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Village of Mill Neck, NY
Nassau County
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Table of Contents
Table of Contents
Code
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[HISTORY: Adopted by the Board of Trustees of the Village of Mill Neck 9-8-1982 by L.L. No. 3-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 109.
Zoning — See Ch. 129.
[Amended 6-17-2002 by L.L. No. 1-2002]
No gate, gatepost, pillar, wall, or permanent fence shall be erected without the approval of the Building Inspector.
[1]
Editor's Note: Former § 51-2, Definitions, was repealed 6-17-2002 by L.L. No. 1-2002.
A. 
Any person or persons, corporation, firm or association intending to erect a gate, gatepost, pillar, wall, or permanent fence shall, before any work is commenced, make application to the Building Inspector on a form provided by the Building Inspector. Said application shall be accompanied by a plan or sketch showing the proposed location and appearance of such gate, gatepost, pillar, wall or fence and the materials proposed to be used therein, which must be in accordance with this chapter and any other pertinent provisions of this Code, accompanied by the prescribed fee.
[Amended 6-17-2002 by L.L. No. 1-2002]
B. 
Upon approval by the Building Inspector, a permit shall be issued which will be in effect for a period of one year from the date thereon.
C. 
Said permit shall be available on the job during the progress of the work so that it may be inspected by the proper Village officials.
[1]
Editor's Note: Former § 51-4, Applicability, was repealed 6-17-2002 by L.L. No. 1-2002.
[Amended 6-17-2002 by L.L. No. 1-2002]
A. 
Except for retaining walls and standard tennis court fencing which otherwise comply with the requirements of this Code, no gate, gatepost, pillar, wall or permanent fence exceeding six feet, six inches in height, measured from the curb or ground level, whichever is higher, shall be erected on any premises within the setbacks required by Chapter 129 of this Code, unless permitted by the Board of Appeals upon application therefor.
B. 
In determining whether to permit such a gate, gatepost, pillar, wall or permanent fence exceeding six feet, six inches in height, the Board of Appeals shall consider its conformity with the character of the neighborhood, the visibility and appearance of such structure from neighboring streets and properties, the purposes to be served by such structure, and the necessity for the height proposed in order to serve such purposes.
On a corner lot, no fence, wall, hedge or other structure or planting shall be erected, planted or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points 30 feet distant from the point of intersection which may obstruct the visibility of vehicular or pedestrian traffic.
The following fences and fencing materials are specifically prohibited:
A. 
Barbed wire.
B. 
Short, pointed fences.
C. 
Canvas fences.
D. 
Cloth fences.
E. 
Electrically charged fences.
F. 
Poultry fences.
G. 
Turkey wire.
H. 
Expandable fences and collapsible fences, except during construction of a building.
All chain link fences erected shall be erected with the closed loop at the top of the fence.
All stockade, picket, cyclone, chain link fences and similar type fences and walls wherein fencing, screening and wall materials are affixed to supporting structures shall be placed with the finished fencing or wall facing the street or adjoining property owner.
All entrances or gates shall open into the property.
The Building Inspector shall have the authority to direct, in writing, the removal, trimming or modification of any shrubs, bushes, plants, trees, flowers or other vegetation, fence, wall, hedge or other structure on private or public property wherever the same shall interfere with the adequate visibility of operators of motor vehicles at street intersections or curbs. Any person who shall refuse or neglect to comply with the written direction of the Building Inspector shall be guilty of a violation of this chapter and shall be subject to its penalties.
[Amended 4-12-1994 by L.L. No. 1-1994]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
[Added 6-9-2015 by L.L. No. 2-2015]
All fences shall be maintained in good repair, shall be structurally stable and shall not create a negative visual impact on the community or surrounding properties.