NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE that a Public Hearing will be held on Wednesday, February 18, 2026, beginning at 7:00 p.m. or as soon thereafter as the matter can be heard at the Dr. Jeffrey Oppenheim Community Center, 350 Haverstraw Road, Montebello, NY 10901 to consider adopting Local Law No. 1 of 2026, amending Chapter 195 Zoning, entitled:
VILLAGE OF MONTEBELLOLOCAL LAW NO. 1 OF THE YEAR 2026
A LOCAL LAW AMENDING CHAPTER 195, ZONING, TO PROHIBIT POTENTIALLY INJURIOUS FENCES IN MOST ZONING DISTRICTS.
Be it enacted by the Village Board of Trustees of the Village of Montebello by authority of Article 10 of the Municipal Home Rule Law, as follows:
Section 1: Legislative Purpose
The Village of Montebello Board of Trustees finds that certain types of potentially injurious fences have a blighting influence on the Village and negatively impact the health, safety and general welfare of its residents, and represent a danger to animals.
Section 2: Add the following as a new section 195-27.1 to Article VI (Supplementary Regulations) of Chapter 195 (Zoning) as indicated below:
§195-27 Restrictions on potentially injurious fences
A. In any district other than a PI zone, no fence shall incorporate elements that could inflict bodily harm upon a person attempting to scale, bypass or otherwise defeat the fence or represent a danger to animals, including but not limited to barbed wire, razor wire, electrically-energized wires, cut steel, sharpened glass, metal spikes or similar, but excluding non-toxic living plants. (of a non-toxic variety)
B. In the PI zone, any fence incorporating elements that could inflict bodily harm upon a person attempting to scale, bypass or otherwise defeat the fence including but not limited to barbed wire, razor wire, electrically-energized wires, cut steel, sharpened glass, metal spikes or similar, shall require a special use permit from the Planning Board. In addition to the general conditions of §195-71, the Planning Board shall make the following determinations prior to issuing a special use permit:
(1) The barrier is reasonably necessary to safeguard the health, safety and general welfare of the general public, and to protect valuable material and equipment through vandalism and pilferage, including protecting structures and systems necessary for public welfare from vandalism and damage;
(2) There is no other practicable measure to secure the site in a less potentially injurious manner;
(3) Any fence elements that could inflict bodily harm are elevated at least 8 feet and setback at least 20 feet from the property line.
(4) The fence is screened from substantial public view.
C. Exemptions. The following fences shall be presumed exempt from these requirements, but subject to challenge by the Village Board for good cause shown:
(1) Any fence erected and maintained by a public utility or governmental entity; provided that such is properly maintained and noticed’
(2) Any electrified fence at least 75 feet from a property boundary maintained solely for the purpose of enclosing livestock or poultry.
Section 3. Repeal, Amendment, and Supersession of Other Laws.
All other Resolutions, Ordinances or Local Laws of the Village of Montebello which conflict with the provisions of this Local Law are hereby superseded or repealed to the extent necessary to give this Local Law force and effect.
Section 4. Severability.
If any section, part or provision of this local law or the application thereof to any person, property or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, provision or application directly and expressly adjudged invalid and shall not affect or impair the validity of the remainder of this local law or the application thereof.
Section 5. Effective Date.
This Local Law shall take effect immediately upon filing in the office of the New State Secretary of State in accordance with Section 27 of the New York Municipal Home Rule
All interested parties are invited to attend. The proposed law will be available for inspection and review at the Village Office during normal working hours, Monday through Friday, 9:00 am to 4:00 pm as well as on the Village of Montebello website www.montebellony.gov.
Joan Will
Village Clerk – Treasurer
Village of Montebello
One Montebello Road
Montebello, NY 10901
(845) 368-2211
Warren E. Berbit
Village Attorney
January 21, 2026
