Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 2-27-1985 as part of L.L. No. 3-1985 (Ch. 14, Art. VII, of 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 90.
Environmental quality review — See Ch. 92.
Flood damage prevention — See Ch. 110.
Freshwater wetlands — See Ch. 114.
Plumbing — See Ch. 158.
Property maintenance — See Ch. 161.
Site plan review — See Ch. 177.
Subdivision of land — See Ch. 190.
Zoning — See Ch. 240.

§ 192-1 Definitions.

For the purpose of this chapter, the terms used herein are described as follows:
SWIMMING POOL
Any private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than two feet or an area of 115 square feet or greater, designed, used and maintained for swimming or bathing purposes by an individual for use of members of his household and guests, whether located indoors or on the applicant's land as an accessory use to a residence, and shall include all buildings, structures, equipment and appurtenances thereto.
WADING POOL
A portable or permanent pool, container, device or structure manufactured and sold as a wading pool or play pool or so placed upon the ground that, when filled with water, it is suitable for or is used as a swimming, wading or play pool for children and the depth of which is two feet or less.

§ 192-2 Accessory use; variance.

A. 
A swimming pool may be permitted in any zoning district only as an accessory structure to a principal building used for residential purposes and shall be located on the same lot with the principal building. Said pool shall be for the exclusive use of the occupants of the principal building and their guests.
B. 
A swimming pool may be permitted in any zoning district when said use is not an accessory structure to a principal building used for residential purposes only upon application to the Zoning Board of Appeals in accordance with Ch. 106, Fire Prevention and Building Construction.

§ 192-3 Permit required.

No person shall construct, build, erect or enlarge a swimming pool until he shall have first obtained a permit therefor.

§ 192-4 Application for permit.

Each application for a building permit to construct, build, erect, alter or enlarge a swimming pool shall be accompanied by plans in sufficient detail to show:
A. 
A topographical survey of the property on which the pool is to be placed, showing the location of the pool in relation to all property lines and other buildings and appurtenances on the lot.
B. 
Pool dimensions, depth and volume, in gallons, and cross sections.
C. 
A waste disposal system.
D. 
Pool equipment, showing details of the filters, pump, chlorinator, strainers and hair and lint interceptors.
E. 
Drains and drainage from the pool structure to a sanitary sewer.
F. 
The location of a fence and screening around the pool.
G. 
An estimate of the cost of said pool.

§ 192-5 Design and construction standards.

No permit shall be issued under the provisions of this chapter unless the proposed swimming pool or the alterations to an existing swimming pool shall comply with the following requirements:
A. 
Location.
[Amended 7-17-1996 by L.L. No. 14-1996]
(1) 
The outside edge of any swimming pool coping, deck or walk shall not be constructed, installed, located, maintained or operated within:
(a) 
Fifteen feet as required from the outside edge of the pool coping to the side yard lot line, principal structure or accessory structure attached thereto, except as set forth in this section.
(b) 
Twenty feet of any rear lot line.
(c) 
The required front or side yards of any residential property.
(d) 
Twenty-five feet of a septic tank or leaching field.
(2) 
A minimum of five feet is required to any accessory structure. No minimum distance between a deck and a pool is required.
(3) 
A pool deck or patio must conform to side yard requirements of § 240-50.
B. 
Construction. All materials used in the construction of any swimming pool shall be of durable quality, as determined by the Director of Building Code Enforcement and Land Use Administration, and waterproof and so designed as to facilitate emptying and cleaning the bottom and sides of the pool. Pool sides shall be smooth and free from cracks and open joints and be light in color. Inlets shall be so located and spaced as to ensure satisfactory dispersion of inflowing waters throughout the pool and to permit the draining, cleaning and disinfection of the bottom and sides. Sand, earth or wooden bottoms are prohibited. They shall be so constructed that the area adjacent thereto shall pitch away from the pool, and the top of the pool coping shall be at least two inches above the surface of the area surrounding the pool deck.
[Amended 10-16-2002 by L.L. No. 10-2002]
C. 
Water supply. There shall be no cross-connections between the piping system of a swimming pool and a potable water system. If water is supplied from a potable water system, the inlet or fill pipe shall be located at least six inches above the overflow level of such pool.
D. 
Drainage. There shall be provided at least one metal-grated outlet for the drainage of pool water through the use of the filter pump or otherwise and for backwash water disposal. Such outlet shall have an area of openings at least four times the cross-sectional area of the required drainpipe, and the drainpipe shall be equipped with a gate valve located outside the walls of the pool. The drain outlet and drain piping therefrom shall be of such size as to permit the pool to be completely drained in a period of 12 hours for private family-use pools and of four hours for other pools but shall not be less than three inches in size.
E. 
Enclosures. Enclosures shall be in conformance with the New York State Uniform Fire Prevention and Building Code.
[Amended 7-17-1996 by L.L. No. 14-1996]
F. 
Screening. Screening as is deemed necessary by the Director of Building Code Enforcement and Land Use Administration may be required by him.
[Amended 10-16-2002 by L.L. No. 10-2002]
G. 
Lighting and wiring. Lights used to illuminate any swimming pool shall be so arranged and shielded as to reflect light away from adjoining premises. Electrical fixtures, wiring and installation therefor used in connection with the swimming pool shall conform to the National Board of Fire Underwriters for Electrical Wiring and Apparatus. All wiring for such installation shall be underground.
H. 
Disposition of wastewater. All wastewater shall be discharged into a public storm drain or sanitary sewer. Where wastewater cannot be disposed of because of the lack of the above-mentioned facilities, it shall be disposed of by means of dry well or series of wells, provided that such wastewater will not overflow in any instance onto abutting property or flood the existing leaching fields of a septic tank system.
[Amended 7-17-1996 by L.L. No. 14-1996]
I. 
Filtering, sterilizing and auxiliary equipment. Filtering, sterilizing and auxiliary equipment shall be adequate to maintain the sanitary quality of pool water during each period the pool is in use. Equipment containing gases or disinfectants capable of giving off irritating, toxic or flammable fumes shall be located in ventilated rooms or structures. All rooms or structures shall be well lighted and equipped with safeguards in case of chlorine leaks. All equipment shall be so constructed or housed so that it may be used without causing any noise or disturbance to persons residing adjacent to or near the pool.
J. 
Diving boards. No diving board or platform shall be used or installed in connection with any swimming pool having a depth of less than eight feet. In swimming pools of eight feet to 11 feet in depth, diving boards may be installed for use in the deep area, provided that they are not more than three feet above water level. In pools over 11 feet in depth, standard diving towers may be installed for use in the deep area.

§ 192-6 Abandoned swimming pools.

If any swimming pool shall be abandoned or permanently discontinued, it shall be filled in, regraded or dismantled and removed from the property. All required enclosure fencing over four feet in height shall be altered or taken down to comply with this chapter.

§ 192-7 Inspection.

[Amended 10-16-2002 by L.L. No. 10-2002]
After a permit has been issued under the provisions of this chapter, all work thereunder shall be subject to inspection by the Director of Building Code Enforcement and Land Use Administration or the persons appointed by the Town Board pursuant to § 106-37B at all times until completion to ascertain that there is compliance with all provisions of this chapter and all provisions of the application for the permit. The Director of Building Code Enforcement and Land Use Administration and the persons appointed by the Town Board pursuant to § 106-37B shall have the authority to stop any part of the work being done under any permit which is not issued in conformity with the application for the permit or with the provisions of this chapter.

§ 192-8 Wading pools.

No person shall leave a wading pool uncovered and unattended in such a location or in such a manner as to create a hazard to children living in the neighborhood. No wading pool shall be located in the required front or side yards on any property.

§ 192-9 Penalties for offenses.

[Added 7-17-1996 by L.L. No. 14-1996]
Any person violating any provision of this chapter, for which no other penalty is provided, shall be guilty of an offense punishable by imprisonment for not more than one year or by a fine of not more than $500, or both.