Village of Sea Cliff, NY Chapter 64 Fences, Hedges, Walls and Plantings

[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 9-17-1979 by L.L. No. 19-1979; amended in its entirety 12-17-1990 by L.L. No. 3-1990. Subsequent amendments noted where applicable.]

Article I Fence Regulations; Exceptions by Permit

§ 64-1 Definitions.

[Amended 11-19-2019 by L.L. No. 7-2019; 5-9-2022 by L.L. No. 1-2022, effective 5-17-2022]

The definitions herein apply only to Article I herein:

FENCE

Includes a fence, wall, and post of all types and materials, except a retaining wall.

OPEN-WIRE FENCE

A fence consisting of posts with strained wires, wire netting or other wirework. Barbed-wire fencing is specifically excluded and not deemed open-wire fencing.

RETAINING WALL

Any wall in excess of 48 inches in height constructed, installed or erected for the purpose of retaining or supporting adjoining earth, rock, and accessory structures.

§ 64-1.1 (Reserved) [1]

[1] Editor's Note: Former § 64-1.1, Walls, added 2-1-2010 by L.L. No. 1-2010, as amended, was repealed 5-9-2022 by L.L. No. 1-2022, effective 5-17-2022.

§ 64-2 Permitted fences and walls.

[Amended 5-9-2022 by L.L. No. 1-2022, effective 5-17-2022]

A. Except as otherwise provided for in the Village Code, all fences and walls within the Village of Sea Cliff shall conform to the requirements of this article. Except as excluded under § 64-2A(5), upon first applying for and obtaining a building permit from the Building Department, the following fences and retaining walls are permitted:

(1) Side yard/rear yard. A fence located in a rear or side yard, as such yards are defined in Chapter 138:

(a) Made of wood, at a height of not more than five feet, together with an additional one-foot-high top portion containing open-type fencing, including lattice, slats or similar open fencing; or

(b) Made of wrought iron, aluminum or cast iron, at a height of not more than six feet; or

(c) Made of open-wire fencing, at a height of not more than five feet.

(2) Front yard. A fence located in a front yard, as "front yard" is defined in Chapter 138, made of natural wood, wrought iron, aluminum, cast iron or open-wire fencing:

(a) Within 15 feet of an intersection and/or a curb cut, at a height of not more than three feet; or

(b) In any other location in a front yard, at a height of not more than four feet.

(3) Retaining walls.

(a) Retaining walls not exceeding four feet in height, and no two retaining walls may be closer than five feet to one another, measured from wall face to wall face. Retaining walls shall not extend more than three inches above the ground that they support.

(b) Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift. Applications for retaining wall plans shall include such information, detail and reports as required by the Building Department.

(4) Planning Board approval. Where fences or retaining walls do not comply with the provisions of § 64-2A(1), (2) or (3), Planning Board approval is required in accordance with § 64-3.

(5) Exclusions from permit requirement. Notwithstanding the requirements of § 64-2A(1) and (2), the following fences do not require a building permit from the Building Department:

(a) Open-wire fences five feet or less in height; and

(b) Any fence four feet or less in height that does not require Planning Board approval pursuant to §§ 64-2A(3) and 64-3.

B. The height of a fence shall be measured from the ground level on the lower side of such fence.

C. Wood fences shall be constructed with the finished and/or good side facing away from the premises on which such fence is located.

§ 64-3 Exceptions permitted by Planning Board.

[Amended 2-1-2010 by L.L. No. 1-2010; 11-19-2019 by L.L. No. 7-2019; 5-9-2022 by L.L. No. 1-2022, effective 5-17-2022]

A. The provisions of § 64-2 notwithstanding, fences in excess of the prescribed heights, wood fences with the finished side facing the premises on which the fence is erected, fences of a material not permitted herein, retaining walls extending more than three inches above the ground that they support, retaining walls closer to one another than the prescribed distance, and any fence not eligible for a building permit as provided herein may be permitted upon application to the Planning Board of the Village of Sea Cliff for a permit to erect or maintain such fence or retaining wall. The fee for such permit shall be as set forth in Appendix Chapter A142. Such fee shall accompany each application, which shall be in writing and shall be filed with the Building Department.

B. Notwithstanding any other provision in the Village Code, applications for Planning Board approval, as permitted in this article, shall be in accordance with the procedure in this section.

(1) On an interior lot, an applicant for a fence or retaining wall approval shall provide a notice, as prepared by the Village, to property owners of all properties that:

(a) Abut the applicant's premises; or

(b) Any portion of which is on the opposite side of any street on which the applicant's premises abuts.

(2) On a corner lot, an applicant for a fence or retaining wall approval shall provide a notice, as prepared by the Village, to property owners of all properties that:

(a) Abut the applicant's premises;

(b) Abut the corner intersection; and

(c) Any portion of which is on the opposite side of any street on which the applicant's premises abuts.

(3) The notice required by § 64-3B(1) and (2) shall be sent in the following manner. The applicant shall prepare a map (in such form as may be required by the Village) stating the names of the owners of all properties to whom notice is required to be provided pursuant to § 64-3B(1) or (2). The applicant also shall deliver to the Building Department unsealed, prepaid, stamped envelopes addressed to each such property owner, with a return address provided on the envelope as Village Hall, 300 Sea Cliff Avenue, PO Box 340, Sea Cliff, New York 11579, and each envelope containing therein a copy of the plans depicting all details of the proposed fencing or wall, including the location, height, materials, fencing style, and direction of finished side of fencing, if applicable. The Village shall place a notice in each envelope providing that the recipient of the notice has 14 calendar days to submit to the Village a written objection or concern to the fencing, and shall thereafter mail the envelopes.

(4) If no person submits a written objection or concern to the Village regarding the proposed fence or wall within the fourteen-day period, and the proposed fencing requires no further approvals or review by any other board or agency with jurisdiction, the Building Department shall issue a building permit for the proposed fence or wall.

(5) If any person presents a written objection or concern to the Village regarding the proposed fence or wall, the applicant may make an application for Planning Board approval for permission to construct the fence or wall. The Planning Board application procedure shall be the same as an application for site plan approval, as provided in Chapter 107, and the Board shall apply the criteria set forth in § 64-3.1 in rendering a determination.

§ 64-3.1 Criteria for issuing permit.

A. While it is generally in the best interests of the Village of Sea Cliff to require fences and walls to comply with the restrictions set forth in § 64-1, there are situations which warrant exceptions to these requirements. This section provides criteria, objectives, standards and guidelines to be considered in determining whether an exception should be granted, giving reasonable consideration to the needs, objectives and purposes of the applicant as balanced against the physical and visual environment of the Village and the safety, health and welfare of the adjoining property owners and the Village and its residents. To achieve this goal, the Planning Board of the Incorporated Village of Sea Cliff is hereby empowered to review all applications for exceptions for determination based upon the criteria as set forth herein.

B. In determining whether or not to issue the permit for an exception as provided for in § 64-3, the Planning Board shall consider, along with all other factors which the Board deems relevant, the type of fence to be used, including the design and component materials; location; setback from property lines, streets, and corners; height; purpose, including necessity for privacy, safety or shielding from noise, traffic or other potentially annoying factors; whether the fence is new or the replacement of an existing fence; the consent or objection of adjacent property owners; whether the fence will accomplish the proposed purpose; practicality of alternatives to accomplish the same purpose with less adverse effect; effects on the adjacent properties; obstructions to light, air and visibility of adjacent properties which will result; appropriateness of design to the character of the neighborhood; effect on clear and safe passage of pedestrians and vehicles; whether an obstruction to view will be created which creates a danger to pedestrians or traffic disproportionate to the benefit to be derived; means of fastening and support; likelihood of accident or danger due to location; and whether the structure will be permanent or temporary.

§ 64-4 Obscuring view of traffic; removal.

No fence, hedge, wall or planting shall be erected or maintained on any corner lot or other property which may cause danger to traffic upon any street or public place in the Village by obscuring the view. The owner or owners of record of the property involved shall remove or trim any such fence, hedge, wall or planting within 15 days after the mailing (by certified mail, return receipt requested) of a notice directing the same, by or on behalf of the Board of Trustees, to said owner or owners at the address of record set forth on the current tax assessment rolls of the Village of Sea Cliff. In the event that such notice shall not be duly and timely complied with, such work as shall be necessary to remove or correct the violation shall be performed on behalf of the Board of Trustees and the entire cost thereof, including any attorney's fees incurred, shall be assessed by the Board of Trustees upon the real property in question. The expenses and fees so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff.

§ 64-5 Appeals.

Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of the decision of the Planning Board in the office of the Village Clerk.

§ 64-6 Rules and regulations.

The Planning Board is hereby authorized to adopt, promulgate, amend and repeal rules and regulations governing its procedure and the transaction of its business and for the purpose of fully implementing the provisions of this chapter. Such rules and regulations, and any amendment thereto, shall be subject to approval by the Board of Trustees and, once approved, shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.

Article II Unsafe Walls

[Added 12-11-2006 by L.L. No. 3-2006]

§ 64-7 Condition of walls.

It shall be the duty of every property owner to keep any wall located on his property and adjacent to or within six feet of any property line of his premises, and any wall located on Village property and adjacent to or within six feet of any property line of his premises, in a safe condition and to make such repairs and correct such conditions as the Board of Trustees or its authorized representative shall direct.

§ 64-8 Definition of "unsafe walls"; prohibition; abatement.

All walls or portions thereof which are structurally unsafe, or which are otherwise dangerous to human life or which, in relation to existing use, constitute a hazard to safety by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this article, unsafe walls. All such unsafe walls are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the procedures of this article.

§ 64-9 Inspection and report.

The Superintendent of Buildings shall examine or cause to be examined every wall reported as unsafe or dangerous and shall make a written report of such examination. A copy of the report shall be submitted to the Board of Trustees. For the purposes of this article, the Superintendent of Buildings shall include the Superintendent of Buildings and such other persons as the Board of Trustees shall designate by resolution from time to time.

§ 64-10 Notice of unsafe condition.

Whenever the Superintendent of Buildings shall find any wall or any portion or portions thereof to be an unsafe wall as defined in this article, he shall serve written notice of the unsafe condition on the property owner. This notice shall contain a description of the property and the wall, a statement of the particulars in which the wall is unsafe, and an order requiring the said wall to be made safe, or, at the discretion of the Village, removed. The notice shall require the owner, within a stated time commensurate with the type and condition of the wall, either to complete the specified repairs or improvements or, at the discretion of the Village, to demolish and remove the wall or the specified portion or portions thereof. The notice shall further provide that in the event the property owner shall fail, neglect or refuse to comply with such notice within the stated time limit, an application will be made at a Special Term of the Supreme Court of Nassau County for an order determining the wall to be a public nuisance and directing that it be repaired or taken down and removed.

§ 64-11 Service of notice.

The notice shall be served on the property owner personally or by leaving the notice at the residence of such owner or owners with a person of suitable age and discretion or by posting the same conspicuously on the premises at which the wall is located and mailing a copy thereof addressed to such owner or owners at the address of record set forth on the current tax assessment rolls of the Village of Sea Cliff. Where there are two or more owners of any such property, service upon one of them shall be sufficient.

§ 64-12 Supervision of repairs; allocation of costs; relocation.

A. Repairs and the correction of conditions made at the direction of the Board of Trustees or its authorized representative shall be carried out under the supervision of the Board of Trustees or such representative. All costs incurred shall be paid solely and entirely by the property owner. For purposes of this article, the Superintendent of Buildings shall be such an authorized representative, as well as such other persons as the Board of Trustees may designate by resolution from time to time. Under no circumstances shall the Village incur any obligation to a property owner to share the cost of repairs or the correction of conditions under this section.

B. When a wall, or any portion or portions thereof, must be repaired or replaced, the Village shall have the right to modify the location of the wall, or any portion or portions thereof, including the relocation of the wall or any portion or portions thereof, to Village property, notwithstanding that the wall was originally, either completely or partially, on the owner's property, provided the function and purpose of the wall will not be adversely affected by the relocation.

C. In the event a wall is relocated under § 64-12B onto Village property, the property owner, and all successors in interest to the property owner, shall be responsible for the maintenance and repair of the wall at their sole cost and expense.

§ 64-13 Additional time to make repairs.

In the event the property owner requires more time to commence or complete the required repairs or to correct the unsafe conditions, any approval of an extension of time shall only be valid if granted, in writing, by the Village.

§ 64-14 Correction of violations.

A. In the event the property owner shall fail, neglect or refuse to comply with the notice to complete the repairs or correct the conditions or to demolish and remove the wall or any specified portion or portions thereof within the stated time limit, a survey of the wall shall be made by the Superintendent of Buildings and an architect or engineer to be named by the Board of Trustees and an engineer or architect appointed by the property owner. The engineer or architect appointed by the Board of Trustees shall be compensated by the Village, and the engineer or architect appointed by the property owner shall be compensated by the property owner. In the event of the refusal or neglect of the property owner to appoint an architect or engineer, the Superintendent of Buildings and the architect or engineer named by the Board of Trustees shall make the survey and report to the Board of Trustees. A signed copy of the report shall be posted on the property. The Board of Trustees shall thereupon take such action as it shall deem necessary and proper, including application to the Supreme Court of Nassau County if such action is warranted by the circumstances.

B. Upon the issuance of a court order authorizing the Village to perform such work as shall be necessary to repair or correct the conditions, or to demolish and remove the wall or any specified portion or portions thereof, such work shall be performed on behalf of the Board of Trustees, and the entire cost thereof plus any attorney's fees incurred, shall be paid by the owner of the property on which, or adjacent to which, the wall is located.

§ 64-15 Emergency situations.

In cases of emergency in which the Superintendent of Buildings finds that there is actual and immediate danger of failure or collapse so as to endanger human life or health, he shall promptly cause such wall or portion thereof to be made safe or removed. For this purpose, he may at once enter the property on which the wall stands, or abutting land or buildings, with such assistance and at such cost as may be necessary. He may vacate or prohibit access to the adjacent area and protect the public by appropriate barricades or such other means as may be necessary and, for this purpose, may close a public or private way.

§ 64-16 Payment and allocation of costs and expenses.

All costs and expenses incurred by the Village in connection with any of the above proceedings, including any attorney's fees incurred, and 100% of the cost of repairing or correcting the conditions or demolishing and removing the wall or any specified portion or portions thereof shall be assessed by the Board of Trustees upon the real property on which, or adjacent to which, the wall is located. The owner of the property shall be served with a written notice by the Village Clerk, sent by regular mail and by certified mail, return receipt requested, indicating the total costs and expenses incurred by the Village in connection with such proceedings and the portion thereof payable by the property owner. If the property owner shall fail to pay such costs and expenses within 10 days of the postmark date of such notice, the Village Clerk shall thereupon notify the Village Assessor, who shall immediately fix and determine a special assessment against the real property involved in the amount of such costs and expenses, and present such assessment to the Board of Trustees for confirmation. Upon confirmation, the expenses and fees so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged, the lien shall have the same priority as a Village tax, and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff. Collection and cancellation of such special assessment shall be in accordance with the provisions of the Village Law. This remedy shall be in addition to any other penalty provided for under this Code.

§ 64-17 Permit required.

A. No permit fee shall be charged or payable regarding any repairs or the correction of conditions made at the direction of the Board of Trustees or its authorized representative pursuant to this article. The permit application shall be made by the Village of Sea Cliff, and the provisions of §§ 64-3 and 64-3.1 shall not apply.

B. For any premises adjoining a state and/or county road, approval of the appropriate authority, if required, must be presented before a permit will be issued for construction of the wall.

§ 64-18 Standards and conditions.

The Superintendent of Buildings is hereby authorized to promulgate standards and conditions for the construction of walls in the Incorporated Village of Sea Cliff, including the materials required and the method of construction. Such standards and conditions, and any amendments thereto, shall be subject to approval by the Board of Trustees and, once approved, shall be made a part of this Code with the same force and effect as all other laws of the Incorporated Village of Sea Cliff.