[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
10-8-1974 by L.L. No. 1-1974 (Ch. 219 of the 1981 Code). Amendments noted
where applicable.]
The Board of Trustees recognizes that the regulation of the construction,
maintenance and operation of swimming pools is a matter of public importance,
primarily as it concerns the health, safety and welfare of residents, and
also as it controls and minimizes possible nuisances resulting from noise,
odors, overflowing water and improper maintenance, accidents and injury due
to inadequate safeguards and precautions and the possible depreciation of
property values by reason of improperly installing and maintaining swimming
pools in undesirable locations.
As used in this chapter, the following terms shall have the meanings
indicated:
Any swimming pool of permanent construction, not intended to be disassembled
but capable of having the water removed when not in use.
Any swimming pool not stationary or fixed, capable of being disassembled
and removed for storage and reassembled.
Any swimming pool limited to the private use of the owners or occupants
of a dwelling and their guests, without charge for admission.
Any swimming pool operated for gain or profit for which an admission
or any fee is charged for its use by the general public.
Any swimming pool used and operated exclusively for the membership
of clubs, lodges, fraternal and similar organizations.
Any body of water or receptacle for water, above or in the ground,
inside or outside any building, either permanently or temporarily constructed,
installed and maintained, having a depth of water at any point greater than
18 inches, intended to be used for swimming, bathing or wading.
[1]A.
Public and semipublic swimming pools.
(1)
Any public swimming pool may be located only in districts
zoned for business, marine commercial and industrial uses.
(2)
Any semipublic swimming pool may be located in any zone
where the use of property by a club, lodge, fraternal and similar organization
is permitted.
(3)
The construction, maintenance and operation of any public
and semipublic swimming pool shall be permitted under license and permission
of the Board of Trustees, subject to the provisions of this chapter, the Code
of the Village of Babylon and such other conditions and safeguards as said
Board may prescribe.
B.
Private swimming pools. Any private swimming pool may
be located in any district zoned for residential use as accessory to a dwelling.
An outdoor swimming pool shall be located in the rear yard of the premises,
occupying no more than 40% of the open area of the rear yard, and in compliance
with all side and rear yard and percentage of lot coverage requirements of
an accessory building of the residence district in which located. Side and
rear yard requirements shall be determined by measurement of the open space
between the edge or rim of the pool or its understructure to the lot line.
A.
Permits. No swimming pool shall be constructed, assembled
or enlarged or altered, and no preliminary work incidental thereto, including,
without limitation, excavation, removal of soil or site preparation, shall
be done, unless a permit is issued therefor. The permit shall be issued by
the Building Inspector upon payment of such fee as is provided in the Code
of the Village of Babylon or by resolution of the Board of Trustees. Every
application for a permit shall be made to the Building Inspector on forms
provided by him and shall be accompanied by detailed plans and specifications
and drawings showing pool construction conforming to the New York State Building
Code, where applied; a survey showing the proposed location of the swimming
pool, fences and gates; outdoor lighting, if any; landscaping and screening;
the water supply system; the drainage water disposal system within the subject
premises without interference with private water supply, sanitary system and
public highways; filter systems; system or apparatus for chemically treating
the water to maintain bacterial and purity standards established by applicable
sanitary codes and rules, regulations and requirements of health departments,
agencies and commissions having jurisdiction over swimming pools, and such
other information as may be required.
B.
Certificates of occupancy. No swimming pool shall be
used until a certificate of occupancy has been issued by the Building Inspector.
Any outdoor private swimming pool, permanent or portable, shall be subject
to the following provisions and regulations:
A.
The overall height of any portable pool and elevated
walkway or deck surrounding it shall not exceed 48 inches, measured from the
existing grade to the highest part of the pool, walkway or deck. A portable
pool may be constructed so that the bottom of the pool or understructure is
no more than six inches below and the top of the pool no higher than 42 inches
above the existing grade of the ground.
B.
Every swimming pool shall be completely enclosed by a
good quality chain link fence not less than 48 inches above the finished ground
level with posts firmly embedded in cement at intervals of not less than eight
feet. Any gate in the enclosure shall be equipped with a self-closing and
self-latching device and shall be locked when the swimming pool is unattended.
A dwelling or accessory building or structure may be used as part of the enclosure.
C.
Above-grade swimming pools equipped with a deck or way
shall have a railing around the deck or walkway and shall be equipped with
a security gate at the bottom of the steps or ladder with a self-latching
device designed to keep and capable of keeping such gate securely closed at
all times.
D.
No lights of any description installed in connection
with the swimming pool shall be at a height of more than four feet, and lights
shall be properly shielded to prevent throwing rays of light beyond the property
lines of the parcel upon which the pool is located. No other electric lines
shall be maintained within 20 feet of the nearest portion of the pool or any
deck or walkway.
E.
No flagpoles, diving board or other equipment or appurtenances
to any pool shall exceed four feet in height, measured from the highest point
thereof to the finished ground level.
F.
Ladders used for access to any pool must be portable
and safely stored away from the pool when the same is not in use.
G.
No radio, phonograph, loudspeaker or amplifier shall
be used in such manner as to annoy and be a nuisance to any person occupying
an adjacent property.
H.
No swimming pool shall be used at such time of day or
night and in such manner as to disturb the peace and quiet of the neighborhood.
I.
The water in every swimming pool shall be chemically
treated in a manner sufficient to maintain bacterial standards established
by any applicable provisions of law relating to swimming pools. Every swimming
pool shall be used and maintained in accordance with the provisions, rules
and regulations, Sanitary Code of the Board of Health, department or agency
having jurisdiction and control of swimming pools.
The Board of Zoning Appeals is hereby authorized to make modifications
in individual cases, upon showing of good cause with respect to the location
of any swimming pool, its height and the fence to enclose same; provided,
however, that any changes will not be detrimental to an adjoining owner and
contrary to the spirit and intent of this chapter.
Sections 315-4B and 315-5 of this chapter shall apply to all existing swimming pools; except, however, § 315-5A shall not apply to an existing portable pool. Owners of existing outdoor swimming pools shall have 10 months from the effective date of this chapter to comply with the requirements of this chapter.
The provisions of this chapter shall be enforced by the Building Inspector.
[Added 11-30-1981 by L.L. No. 16-1981]
Portable structures designed to hold water having a depth of 24 inches
or less need not comply with the provisions of this chapter, but such structures
must be emptied or adequately covered when not in use.
[Added 11-30-1981 by L.L. No. 16-1981]
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
