[HISTORY: Adopted by the Board of Trustees
of the Village of Rye Brook 7-12-1994 by L.L. No. 8-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 91.
Noise — See Ch. 158.
Screening and buffering facilities — See Ch. 200.
Zoning — See Ch. 250.
[1]
Editor's Note: This local law also repealed
former Ch. 224, Swimming Pools, adopted 6-24-1984 by L.L. No. 14-1984,
as amended.
As used in this chapter, the following terms
shall have the following meanings:
Any pool designed, used and maintained for swimming purposes
by an individual for use by himself or herself, household and guests
and located on a lot as an accessory use to a residence, but not including
a wading and portable pool.
A swimming pool that is entirely portable and is less than
24 inches in depth.
A.
No person, firm or corporation shall construct, use or maintain a swimming pool except in compliance with the provisions of this chapter. Swimming pools constructed prior to the effective date of this chapter constructed in accordance with the provisions of law then in effect when such swimming pool was constructed shall not be subject to the provisions of §§ 224-3, Permits, 224-7, Size and location, 224-8, Accessory buildings, 224-9, Lights, and 224-10, Screening, for existing construction and structures but shall be subject to the provisions of §§ 224-4, Water supply, 224-5, Filtering, 224-6, Drainage, and 224-11, Fencing.
B.
Notwithstanding the foregoing, a preexisting pool
shall be constructed or reconstructed to conform to all of the provisions
of this chapter when alterations, additions or repairs are made within
a six-month period which exceed 50% of the cost of replacement of
the pool at the beginning of such six-month period.
A.
Application for the construction of a swimming pool
shall be made to the Building Inspector by the owner of the property
or the owner's agent.
B.
All application materials shall be submitted in electronic
file format acceptable to the Building Department in addition to at
least one signed original application form and eight paper copies
of all plans and surveys, or such other format or amount as determined
by the Building Department. The Building Department may waive the
electronic submission requirement only in extraordinary cases of technical
infeasibility. The application and all supporting materials shall
be prepared by a professional engineer or registered architect and
shall show construction details, drainage, filtration and lighting
layouts. At a minimum, the submitted materials shall include the following:
[Amended 10-28-2014 by L.L. No. 9-2014]
(1)
Construction plan showing all materials as required
under the New York State Uniform Fire Prevention and Building Code.
(2)
A site plan on the entire lot on which the pool is
proposed to be constructed, prepared at a scale of not less than one
inch equals 20 feet and identifying the following: all lot lines;
all adjacent mapped streets; all existing and proposed structures,
pools, pool equipment, fences and landscaping; all trees with a diameter
equal to or greater than 12 inches when measured 48 inches above the
ground [12 inches diameter at breast height (DBH)]; existing and proposed
site topography at one-foot contour intervals to a point 10 feet beyond
the property lines; the approximate location of the principal residences
on all adjoining lots; and a North arrow.
C.
In the case of aboveground pools greater than 24 inches in depth, construction plans and specifications are not required. In lieu thereof, catalog data shall be submitted, together with a plot plan indicating the location of the pool in accordance with the requirements of § 224-7.
D.
Each application shall be accompanied by a fee set
forth in the License and Permit Fee Schedule on file in the Village
Clerk's office.
[Amended 8-26-2003 by L.L. No. 13-2003]
Physical connections between potable water systems
and pool circulating systems shall not be permitted. The fill pipe
shall be located at least two fill-pipe diameters above the rim of
the pool.
A swimming pool shall be equipped with a mechanical
filtration system.
Swimming pools shall be provided with one discharge
outlet for drainage of the pool. Pool water may be discharged into
storm sewers or open water only if such water does not have any chlorine
residual and if such water has been held for a minimum of 10 days
after the last application of chlorine. A backwash outlet if so provided
shall be connected to a sanitary sewer or into a dry well.
A.
No swimming pool shall have a surface area of water
which exceeds 10% of the total area of the property.
B.
No swimming pool shall be constructed or erected nearer
than 15 feet from the water's edge to any property line.
C.
Filters, heaters and pumps shall be located underground
or buffered to minimize noise and located no less than 10 feet from
a property line.
D.
No pool or associated structures or equipment shall be located in any front yard as defined in the Chapter 250, Zoning.
E.
On a corner lot, a pool erected on the side yard facing a street shall require the front yard setback on both the front and side yards as defined in the Chapter 250, Zoning.
F.
If no public sewer is accessible, no pool shall be
located nearer than 40 feet to a septic tank or its field.
G.
In the event that a person is unable to meet the yard
and setback requirements of this section, application may be made
to the Zoning Board of Appeals for a variance from such requirements
on the ground of practical difficulty.
Bathhouses, cabanas or similar structures in
connection with a swimming pool shall be constructed and set back
from all property lines as required by all laws of the Village of
Rye Brook.
All outside lights for illumination of a swimming
pool shall be so installed and maintained that the source of light
is not directed at neighboring property.
Where planting as a screen does not exist, dense
shrubs no less than four feet high shall be planted or a solid fence
installed between the pool rim and the lot lines.
A.
The pool area shall be completely enclosed with a chain link or other approved fence no less than four feet in height, with self-closing and self-latching gates, and in conformance with the New York State Uniform Fire Prevention and Building Code and the provisions of Chapter 250, Zoning, regulating fences.
B.
A wall of a dwelling is permitted to serve as part
of the enclosure.
Any person in violation of any provision of this chapter shall be liable for the penalties set forth in § 1-17 of the Code of the Village of Rye Brook and may be directed to comply with the provisions of this chapter. In addition, the Village Board may, in its discretion, direct that an application be made in a court of competent jurisdiction seeking injunctive relief to enforce the provisions of this chapter, which application may request an order directing the removal of a pool in violation of this chapter. Nothing in this chapter shall be deemed to relieve any person of the responsibility to comply with the preexisting provisions of Chapter 224 to the extent that a preexisting pool is not required to comply with provisions of this Chapter 224, and violation of the provisions of the preexisting Chapter 224 shall remain enforceable to such extent.
