[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon 1-8-1991 by L.L. No. 1-1991 (Ch. 122 of
the 1981 Code). Amendments noted where applicable.]
A.Â
In Residence Districts A-11, A-9, A-7, A-4, O and
M, the following fences, as defined in the chapter, shall be permitted:
(1)Â
On the rear lot line and side lot lines, enclosing
the rear and side yards, fencing may be erected not exceeding six
feet in height, provided that it shall not exist in the front yard,
that being beyond the front building line of the principal structure,
on either side.
(2)Â
In the front yard, beyond the front building line
of the principal structure, fencing may be erected not exceeding four
feet in height.
(3)Â
On a corner lot, within the triangular area bounded
by the lot lines connecting at the street corner of the lot and a
point 30 feet from that intersection on each of said connecting lot
lines, solid fencing, which might tend to cause a vision obstruction,
may be erected not exceeding three feet in height.
[Amended 9-22-2020 by L.L. No. 3-2020]
(4)Â
Within 10 feet of the edge of either side of the ingress
and/or egress of a driveway, solid fencing, which might tend to cause
a vision obstruction, may be erected not exceeding three feet in height.
D.Â
FENCE
FRONT BUILDING LINE
FRONT YARD
For the purposes of this section only, the following
terms shall have the meanings indicated:
Either basket-weave, woven-wire, vertical-woodstaving, split-rail
or a fence having open spaces the same width as and between each of
the pickets, slats or other materials used in its construction, unless
otherwise permitted by the Board of Appeals as hereinafter provided.
Refers only to the principal structure and shall not include
patios, porches, stoops, enclosed vestibules protruding from the front
of the principal structure and any other non-living-space extensions
to the principal structure.
Refers to the yard which faces the street that is used as
the postal or mailing address of the subject property when said property
has frontage on two or more streets.
E.Â
Fencing which complies with the provisions of this
section shall not require a building permit. Fencing permitted by
a variance granted by the Zoning Board of Appeals or modifications
granted by the Planning Board, pursuant to this chapter, shall require
a building permit.
F.Â
Any person owning or occupying land or premises adjoining
any public place shall prevent any hedge, wall, fence, gate or shrubbery
upon such land or premises from encroaching upon or projecting over
any part of the public place.
G.Â
In Marine Commercial, Retail Business, Industrial,
Advanced Living Multiple Residence and Residence Railroad Station
Districts, all fencing requires the approval of the Planning Board.
[Amended 9-9-1997 by L.L. No. 3-1997]
Should the person or persons charged fail or
refuse to perform any or all of the duties prescribed in this chapter,
then the Board of Trustees shall cause the omitted duty or duties
to be performed and the expense thereof to be assessed upon the land
of the owner thus failing or refusing.
A.Â
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.
B.Â
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the village in a court of competent jurisdiction to
compel compliance with or to restrain by injunction the violation
of this chapter.