Village of Bayville, NY Article XV Outdoor Swimming Pools

§ 80-71 Conformity to Article required.

In any use district no outdoor swimming pool shall be constructed, erected or maintained unless in conformity with this article.

§ 80-72 Permit required.

All in-ground swimming pools, regardless of size, shall require a permit. Aboveground pools having a capacity of over 5,000 gallons shall require a permit. Permits for the construction, erection and maintenance of such pools shall be issued by the Building Inspector and shall be subject to all applicable provisions of the Building Code of the Incorporated Village of Bayville and this chapter, as amended.

§ 80-73 Construction materials.

No pool shall be built, constructed or maintained except of materials having adequate strength to retain the water contained therein. They shall be designed in accordance with sound engineering practice, and the applicant may be required to furnish complete plans, data and specifications to enable the Building Inspector to evaluate the structure.

§ 80-74 Water disposal.

Water overflowing from the pool, and when the pool is emptied, the water therefrom, shall be disposed of on the owner's land and be restrained from flowing on the land of an adjoining property owner. In no event shall water from any swimming pool be permitted to flow onto any street. If a permit is required, as per § 80-72 of this chapter, the applicant shall indicate on his application the plan for the disposal of water.

§ 80-75 Fencing.

A. Adequate fencing shall be provided to prevent accidental entry and unauthorized use of the pool, which fencing shall be at least three feet distant from the pool. Such fencing shall be erected and maintained so as to completely enclose at least the outside perimeter of the pool or the perimeter yard in which the pool is situated.

B. Fences constructed under the provisions of this chapter shall be constructed of metal, wood or other suitable material and shall contain no openings or projections which would permit hand or toe holds sufficient for climbing, as determined by the Building Inspector. The fence shall be at least four feet in height above the adjacent ground level or retaining wall and be no more than one inch from the ground at the bottom and be supported by posts that are at least eight feet on center. All metal fences must be grounded.

C. Gates or doors. All gates or doors must be equipped with a self-closing, self-latching device located on the inside of the gate or door. Such a gate or door must be securely closed and locked at all times when not in actual use.

D. Plans and specifications for all fences must be submitted to the Building Inspector for approval.

§ 80-76 Exclusions.

A. Excluded from the provisions of the chapter shall be water storage tanks when such tanks are completely enclosed by the principal material of their construction. Access doors to the interior of such tanks shall be securely locked except when personally attended by a regular employee or the owner.

B. The provisions of § 80-75 shall not apply if the sides of an aboveground pool are at least four feet in height from the frame and of such a construction that the sides are smooth and perpendicular to the ground and contain no projections or appurtenances to provide hand or foot holds.

C. Any ladder or other device used for the purpose of entry into the swimming pool as described in Subsection B above shall be removed from said pool and securely locked during all times when the owner or the immediate adult members of his family are not actually present at the pool.

D. In the event that the swimming pool complies with Subsection B, in lieu of complying with Subsection C, hereof, the owner may fence the immediate area surrounding the entryway to said pool by complying with the fencing and gate requirements of § 80-75 of this chapter.

§ 80-77 Size and location.

A. All swimming pools shall be so located as to conform to one of the following applicable requirements:

[Amended 5-20-2010 by L.L. No. 1-2010]

Zone	Side Yard Minimum Distance (feet)	Rear Yard Minimum Distance (feet)
Residence B	6	6
Residence C	6	6
Residence D	10	10
Residence E	14	14
Residence F	14	14
All above dimensions are minimum distances from property lines to the pool.

B. All pools must have a minimum distance of 10 feet between the pool wall and the foundation of any habitable structure.

C. No pool shall be constructed in its entirety or in part on any portion of the property that is designated as a front yard in accordance with the Zoning Ordinance of the Incorporated Village of Bayville. In the event of a corner plot, the minimum setback from a property line bordering any street shall be the same as that imposed for a front yard requirement.

§ 80-78 Appurtenances.

All pools shall comply with the requirements of the provisions of this chapter, except that the yard area occupied by such pools shall not be included in computing the percentage of lot area permitted to be built upon.

§ 80-79 Fees.

[Amended 7-24-2000; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. When the cost of the work to be done under a permit for an aboveground swimming pool, as estimated by the Building Inspector, does not exceed the sum of $1,000, the fee shall be in an amount as shall be set from time to time by resolution of the Board of Trustees.

B. When the estimated cost of an aboveground swimming pool exceeds $1,000, the fee shall be in an amount as set from time to time by resolution of the Board of Trustees.

C. The fee for an in-ground swimming pool permit shall be in an amount as set from time to time by resolution of the Board of Trustees.