[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 71 of the 1968 Code of the Village of Lindenhurst. Sections 167-2, 167-3, 167-4, 167-6, 167-11 and 167-13 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- SWIMMING POOL
- An artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to contain water with a depth of more than 18 inches and a surface area of more than 125 square feet, for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.
Swimming pools which will be operated for gain or for which an admittance fee or membership fee will be charged and swimming pools which will be operated for the membership of clubs, lodges and similar organizations shall be permitted in business and industrial zones only by resolution of the Board of Trustees of the Village of Lindenhurst and under such safeguards as the Board of Trustees may require. They will, in addition, be constructed and operated in accordance with the Uniform Fire Prevention and Building Code of the State of New York and with the Sanitary Code of the State of New York.
Swimming pools may be installed in residential districts only as accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests and on the conditions provided in this Code.
No swimming pool shall be installed or maintained out-of-doors unless: Such pool is installed in the rear yard of the premises; and shall occupy not more than 40% of the open areas of the rear yard not occupied by other accessory buildings; and in compliance with all side and rear yard and percentage-of-lot-coverage requirements of the Building Zone Ordinance.
General requirements. Outdoor swimming pools shall be provided with an enclosure which shall comply with the following:
The enclosure shall be at least four feet in height and have a maximum vertical clearance to grade of two inches.
Where a picket-type fence is provided, horizontal openings between pickets shall not exceed three and one-half (3 1/2) inches.
Where a chain-link fence is provided, the openings between links shall not exceed two and three-eighths (2 3/8) inches.
The enclosure shall be constructed so as not to provide footholds.
Pickets and chain-link twists shall extend above the upper horizontal bar.
Such enclosure shall have railings and posts within the enclosure, which shall be capable of resisting a minimum lateral load of 150 pounds applied midway between posts and at top of posts, respectively. Enclosures, fence material or fabric shall be capable of withstanding a concentrated lateral load of 50 pounds applied anywhere between supports on an area 12 inches square without failure or permanent deformation. Gates provided in the enclosure shall be self-closing and self-latching with the latch handle located within the enclosure and at least 40 inches above grade.
A wall of a dwelling is permitted to serve as part of the enclosure under the following conditions:
The Board of Zoning Appeals may make modifications in individual cases upon a showing of good cause with respect to the height, the nature of the location of the fence, gates or latches or the necessity therefor, provided that the protection as sought hereunder is not reduced thereby. The Board of Zoning Appeals may permit other protective devices or structures to be used, as long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate and latch described herein.
No loudspeaker device which can be heard beyond the lot lines of the premises in which any outdoor swimming pool is situated may be operated in connection with such swimming pool, nor may any lighting be installed in connection therewith which shall throw rays beyond lot lines. The aforementioned loudspeaker device and lighting shall not be operated and used any day prior to 7:00 a.m. and after 10:00 p.m.
Whether indoors or outdoors, no work shall be commenced on the construction or installation of any below-ground swimming pool, including any excavating or removing of sand, gravel, topsoil or other materials, until the plans and specifications therefor have been approved by the Suffolk County Health Department and a permit has been issued by the Village of Lindenhurst Building Inspector.
The plans and specifications shall contain a certification by a professional engineer, licensed by the State of New York, that, if the water for a swimming pool is supplied from a private well, there is no cross-connection with the public water supply system; that, if the water for such pool is supplied from the public water supply, the inlet shall be above the overflow level of the pool; that the drainage of such swimming pool is adequate and within the subject premises and will not interfere with the public or private water supply system, with existing sanitary facilities or with the public highways; that the pool shall be equipped with apparatus for chemically treating the water to maintain bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools; and that the construction meets the minimum requirements of Part 720 of the New York State Uniform Fire Prevention and Building Code.
Every swimming pool shall be used and maintained in accordance with the provisions of the New York State Sanitary Code and the rules and regulations of the Suffolk County Health Department. In addition thereto, all private swimming pools shall be waterproof, easily cleaned, maintained and operated as to be clean and sanitary at all times. Exposed sand or earth bottoms will not be permitted. Masonry, asphalt or earth aprons around the pool shall be pitched to drain water away from the pool.
Every owner of every swimming pool shall chemically treat the water in a manner sufficient to maintain the bacterial standards established by the provisions of the State of New York Sanitary Code relating to public swimming pools.
Should the owner abandon a below-ground swimming pool, he shall remove the in-ground pool liner, fill in or remove the excavation or depression and restore the surface of the ground to its original grade and approximately the same condition as before the pool was installed, and he shall further notify the Building Inspector of the village of the abandonment so that inspection of the site may be made. Prior to removal of the excavation, a demolition permit shall be required.
The owner or occupant of the premises upon which a swimming pool shall have been constructed prior to the date of adoption of this chapter shall, within 90 days after the effective date of this chapter, comply with the requirements contained in this chapter, with the exception of § 167-4A.
Any person, firm or corporation violating any of the provisions of this chapter or failing to comply therewith or with any of the requirements thereof shall be declared to be a disorderly person and shall be liable to a fine of not less than $100 nor more than $500 for each and every offense, and each day such violation shall be permitted to exist shall be considered a separate offense.