[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
For purposes of this chapter, the following terms shall have
the meanings indicated:
SWIMMING POOL
Any pool which holds more than 24 inches of water, whether
the same shall be above ground level or below ground level.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All swimming pools shall be constructed only after the issuance
of a permit from the Village of Churchville upon application to the
Building Inspector/Code Enforcement Officer, who will forward the
request for the permit to the Superintendent of Public Works, who
shall examine the premises.
A fee shall be charged for the permit, the amount of the fee
to be set by the Village Board.
All applicants for a permit shall supply a map or sketch of
their premises showing the location of the proposed pool, their rear
lot lines, and the distance of the pool from all buildings and from
their rear and side lot lines.
No fences shall be erected or maintained on property within
the Village of Churchville unless the fence complies with the following
provisions:
A. No fence shall be erected until an application for such erection
has been filed with the Building Inspector/Code Enforcement Officer
on forms provided by the Village Clerk, and such erection of the fence
has been approved in writing by the Superintendent of Public Works
on the building permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. All construction shall comply with the information contained on the
building permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. The erection of such fence shall not interfere with or be upon or
over any electric, sewer, water or drainage easements running to the
Village of Churchville, unless such erection is approved, in writing,
by the Village Superintendent of Public Works subject to whatever
terms or conditions the Superintendent of Public Works may impose.
D. The owners of all property who apply for an building permit shall
agree that they will pay the cost or expense of moving or repairing
any fences which are erected and which must be removed, dismantled
or damaged by the Village of Churchville because of the Village's
use of any electric, sewer, water or drainage easement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. No fences erected under the provisions of this chapter shall be closer
than four feet to any public sidewalk.
F. Fences shall be required around all pools; however, no fence shall
be required if the top of the wall of the pool is at least four feet
above ground level.
G. If no fence is required for the pool, then it shall be further required
that all ladders and/or steps used for access to the pool shall be
capable of being secured, locked or removed to prevent access, or
the ladder or steps shall be surrounded by a complying swimming pool
barrier.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H. For in-ground pools, the entire portion of the premises upon which
such pool is located shall be entirely enclosed with an impassable
fence complying with the New York State Uniform Fire Prevention and
Building Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I. Every gate or other opening in the fence enclosing such pool shall
be capable of being self-closed and self-locked. Such fence shall
be locked at all times when the pool is not in use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J. No fence enclosing a swimming pool shall be erected or maintained
on property within the Village of Churchville unless the fence complies
with the requirements of the New York State Uniform Fire Prevention
and Building Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]