[HISTORY: Adopted by the Town Board of the
Town of Mamaroneck 2-27-1985 by L.L. No. 3-1985 (Ch. 14, Art. VII,
of the 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.
Wetlands and watercourses — 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.
For the purpose of this chapter, the terms used
herein are described as follows:
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.
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.
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.
No person shall construct, build, erect or enlarge
a swimming pool until he shall have first obtained a permit therefor.
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.
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.
B.
Construction. All materials used in the construction
of any swimming pool shall be of durable quality, as determined by
the Building Inspector or 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; 1-20-2016 by L.L. No. 1-2016]
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. Such screening as the Building Inspector
or the Director of Building Code Enforcement and Land Use Administration
may deem necessary.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
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.
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.
[Amended 10-16-2002 by L.L. No. 10-2002; 1-20-2016 by L.L. No. 1-2016]
After a permit has been issued under the provisions of this chapter, all work thereunder shall be subject to inspection by the Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative 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 Building Inspector or the Director of Building Code Enforcement and Land Use Administration or either's designated representative 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.
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.
[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.
