As used in this article, the following terms
shall have the meanings indicated:
A permanent or portable pool or structure containing water
greater than 18 inches in depth, intended for wading, bathing or swimming
purposes, constructed or installed with at least 50% of the height
of the pool walls at and above property grade and made predominantly
of rubber, vinyl, fiberglass or other impervious material. Outdoor
and aboveground spas, Jacuzzis or whirlpool baths having the foregoing
characteristics shall require a pool permit and shall be subject to
regulations applicable to aboveground pools.
A permanent pool or structure containing water greater than
18 inches in depth, intended for wading, bathing or swimming purposes,
constructed or installed at and below property grade and made of concrete,
masonry, metal or other impervious material. Outdoor and in-ground
spas, Jacuzzis or whirlpool baths having the foregoing characteristics
shall require a pool permit and shall be subject to regulations applicable
to in-ground pools.
A.
A private swimming pool complying with the provisions
of this article shall only be permitted as an accessory use to a dwelling
for the residents of such dwelling and their guests or as an accessory
use to a school, church, club or other private facility for recreation.
B.
For the purpose of complying with yard, setback, coverage,
height and all other bulk regulations prescribed by this article,
a private swimming pool shall include adjacent or attached decks,
diving boards, filters, heaters, ladders and other machinery or appurtenances
extending above the surrounding grade and used in connection with
such swimming pool, except fences.
A.
All swimming pools shall be completely enclosed within
the rear yard by a sturdy chain link fence or quality wood stockade
fence approved by the Superintendent, Planning Board or Board of Appeals
reviewing any application in connection with a swimming pool and shall
comply with the following specifications:
(1)
Chain link fence. Said fence shall extend from
the ground to a height of not less than five feet, with top and bottom
rail. Posts shall be spaced not more than eight feet on center and
set to extend three feet below grade, in an eight-inch diameter concrete
footing. Chain link fabric shall be galvanized steel, two-inch mesh
No. 9 wire. The fabric shall be fastened to posts and rails so that
the bottom of the mesh is not more than one inch above grade. Fabric
shall be fastened securely to posts and rails by means of wire clips
not more than 30 inches on center.
(2)
Lumber fence. Said fence shall extend from the
ground to a height of not less than five feet, with two horizontal
rails on the pool side. Posts shall be spaced not more than eight
feet on center and set to extend four feet below grade. The frame
design shall produce a rigid structure. Fabric coverings and/or fence
panels shall be securely mounted and fastened to the frame, the bottom
of which shall be not more than one inch above the grade. All fence
materials shall be the No. 1 grade of the type used or chosen.
B.
There shall be no more than one opening in the fence,
and such opening shall be a gate equipped with a self-closing and
self-latching device designed to keep such gate securely closed at
all times. Such gate shall be provided with a lock which can be opened
only by a key, to permit entry from without, or other approved type
of locking device, when the pool is not in use. The self-closing,
self-latching device and the lock shall be maintained in good working
order at all times. The gate shall be closed and locked at all times
when the pool is not in use.
No swimming pool, including appurtenances thereto,
shall be erected closer than five feet from the rear and side property
lines, nor, in the case of a corner or through lot, closer than 25
feet from any property line along an abutting street except where
the required front setback is closer than 25 feet, but in no case
less than 15 feet to any property line abutting a street.
A.
No in-ground swimming pool or appurtenances attached
or adjacent thereto shall exceed a height of 30 inches above grade.
B.
No aboveground pool or appurtenances attached or adjacent
thereto shall exceed a height of 48 inches above grade, except an
access ladder or fenced access platform not in excess of 48 square
feet and situated on that side of the pool closest to the owner's
residence. Any deck attached or adjacent thereto shall not exceed
30 inches above the surrounding grade.
C.
All decks attached or adjacent to a pool which exceed
18 inches above grade shall be equipped with a surrounding security
rail 36 inches in height.
All swimming pools shall be installed in the
rear yard of a premises, unless otherwise approved by the Board of
Appeals.
A swimming pool and any accessory structures
attached or adjacent thereto may not occupy more than 35% of the rear
yard area, exclusive of any other accessory buildings or structures
within such yard.
A.
Where water for a swimming pool is supplied from a
private well, there shall be no cross-connection with the public water
supply system.
B.
Where water for a swimming pool is supplied from a
public water system, the inlet shall be above the overflow level of
the swimming pool. A reduced pressure zoning device shall be furnished
and maintained in accordance with the requirements of the New York
State Health Code.
C.
The overflow and drainage systems of all swimming
pools shall be adequate to dispose of water without interfering with
adjoining properties, public water supply systems, existing drainage
facilities or the streets, roads and highways of the Village. No connections
into the sanitary sewerage system will be permitted.
D.
Every swimming pool shall be provided with an adequate
filtration system which will provide compliance with the requirements
of the New York State Sanitary Code relating to public swimming pools.
All swimming pools shall be chemically treated
and maintained in a manner sufficient to maintain the bacterial standards
established by the provisions of the New York State Sanitary Code
relating to public swimming pools and all rules and regulations now
or hereinafter enacted by the Village, the Nassau County Department
of Health or the Health Department of the State of New York.
A.
All lighting for any swimming pool shall be shielded
and directed toward the interior of the property so as to avoid any
direct illumination beyond the property lines.
B.
Lights and other electrical facilities within the
proximity of the swimming pool shall be of proper type and grounded
in accordance with the requirements of the National Board of Fire
Underwriters and the New York State Building Code.
C.
No swimming pool shall be placed within 20 feet of
any aboveground electric power lines, cables, wires or poles to which
such lines, cables, wires or poles are attached.
D.
All metal enclosures, fences or railings near or adjacent
to an outdoor swimming pool, which might become electrically alive
as a result of contact with broken overhead conductors or from any
other cause, shall be effectively grounded.
E.
Lights shall be erected so that the sources of illumination
shall not be visible from any point beyond the property line of the
premises upon which the pool is installed.
Noise levels shall be kept to a reasonable limitation
so as to avoid creating disturbance to adjoining properties. No loudspeaker
device which can be heard beyond the property lines of the premises
on which any swimming pool has been installed may be operated in connection
with such pool if the noise level creates a nuisance to adjoining
properties.
In the event that an owner shall abandon an
in-ground pool, he shall forthwith fill all voids and depressions
with clean earth fill and restore the premises to the same grade and
condition as before the swimming pool was constructed and shall notify
the Superintendent when said restoration has been completed.
All aboveground pools shall have a safety ladder
to be used as a means of ingress and egress. All such ladders shall
be in a safety position when the pool is not in use.
All aboveground pools shall have a pool cover
sufficient to support a weight of not less than 100 pounds and be
securely applied when the pool is not in seasonal use and is not drained.
A.
For the purpose of this chapter, all movable, removable
or demountable pools less than 18 inches high shall be termed "wading
pools."
B.
Wading pools are excepted from fence requirements
where a cover which will support a weight of not less than 100 pounds
is securely applied when the filled pool is not in use. No cover is
required if there is compliance with the fence requirements of this
chapter.
C.
Wading pools do not require permits, but must be located
within the rear yard and comply with setback, maintenance, lighting
and water supply requirements specified herein.
D.
All water emptied from such pool shall be disposed
of within the owner's property and shall not take place between the
hours of 9:00 p.m. and 7:00 a.m.
A.
No in-ground or aboveground swimming pool shall be
installed unless a permit shall be issued by the Superintendent. Every
application for a swimming pool permit shall be accompanied by a dimensioned
site plan and survey drawn to scale showing location of pool, details
of yard, including accessory buildings and structures, trees and fences.
The survey shall show the foregoing details existing in any yard within
10 feet beyond the lot lines of the subject property, if the pool
or appurtenances, is located closer than 10 feet to any lot line.
Such plan or survey shall also show water supply, overflow, filtration
and drainage systems and all other above-grade appurtenances.
B.
All plans for in-ground pools shall be duly certified
by a professional engineer or architect licensed by the State of New
York and shall include certification that drainage is adequate and
will not interfere with the public water supply system, with existing
sanitary facilities or with public streets and highways and shall
be designed to sustain uplift pressure when empty. After installation,
a final survey shall be required for all in-ground pools.
Fees for applications for swimming pool permits
shall be established by the Village Board by resolution at an open
meeting.
No renewal of a permit shall be required nor
shall any additional fee be charged unless the Superintendent determines
that structural alterations to the pool have been made which would
require extensive reinspection or unless the pool permit is otherwise
revoked.
