Zoning — See Ch. 108.
§ 93-1Legislative intent.
§ 93-3Permit required to construct.
§ 93-5Application information.
§ 93-6Requirements and regulations.
§ 93-7Fences and fence requirements.
This chapter is enacted in recognition of the fact that swimming pools on private property are becoming more prevalent as time goes by, and the village should exercise some control over their installation and maintenance to protect the village, both from an aesthetic point of view and from a safety point of view.
In addition, as more citizens erect fences around their property such fences tend to interfere with village operations such as sidewalk plowing and maintenance of electric, sewer and water lines and easements, and that the erection and maintenance of fences must be controlled from an aesthetic point of view and or the convenience and welfare of the village and its employees.
For purposes of this chapter, the following terms shall have the meanings indicated:
- SWIMMING POOL
- Any pool which has over 8,000 gallons of water whether the same shall be above ground level or below ground level.
All swimming pools shall be constructed only after the issuance of a permit from the Village of Churchville upon application to the Village Clerk who will forward the request for the permit to the Mayor of the Village of Churchville and 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 Board of Trustees.
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 swimming pools shall be allowed to be built on any permanent easements.
No pools shall be allowed to be constructed under or within 10 feet of electric lines.
Such pool shall be located in a rear yard only.
All pools shall be not less than 10 feet from the side and rear lot lines.
All pools shall not occupy more than 25% of the rear yard area, after excluding all private garages or other accessory buildings or structures.
All pools shall be chemically treated 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.
No lighting or spot lighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located, nor shall any pool owner allow such lights to be directly cast unto or pointed unto neighboring properties.
No permit shall be issued for such pool unless the applicant can show that the proposed drainage of such pool is adequate and will not interfere with the public water supply system, existing sewage or drainage facilities, the property of others or public highways.
The construction of such pool shall in all other respects, not inconsistent with this section, comply with the conditions and provisions of the Village of Churchville Zoning Ordinance.
The construction of a swimming pool shall be allowed only in a residential district.
No fences shall be erected or maintained on property within the Village of Churchville unless the fence complies with the following provisions:
No fence shall be erected until an application for such erection has been filed with the Village Clerk 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 erection permit.
All construction shall comply with the information contained on the erection permit.
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.
The owners of all property who apply for an erection 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.
No fences erected under the provisions of this chapter shall be closer than four feet to any public sidewalk.
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.
If no fence is required for the pool, then it shall be further required that all ladders used for access to the pool shall be removed when the pool is not in use.
For in-ground pools, the entire portion of the premises upon which such pool is located shall be entirely enclosed with an impassable fence of not less than four feet in height above grade.
Every gate or other opening in the fence enclosing such pool shall be capable of being closed and locked. Such fence shall be locked at all times when the pool is not in use.