[HISTORY: Adopted by the Mayor and Council of the Borough of Hamburg 9-3-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 98.
Zoning — See Ch. 215.
Residential swimming pools shall adhere to the following standards:
A. 
No person shall construct a swimming pool without first obtaining a building permit.
B. 
Site plan approval shall be required prior to the installation of an in-ground swimming pool.
C. 
The fee for a building permit for a swimming pool shall be as set forth in the Construction Code Fee Schedule.[1]
[Amended 12-3-2001; 1-22-2004; 11-6-2006 by Ord. No. 6-2006]
[1]
Editor's Note: See Ch. 98, Construction Codes, Uniform.
D. 
A "swimming pool" is defined as an enclosed body of water accessible for bathing, wading or swimming containing over 100 feet of water surface and a depth of 24 inches at any point.
E. 
The fee for a site plan application for an in-ground swimming pool shall be as set forth in the Construction Code Fee Schedule; in addition, the applicant shall pay any engineer's, expert's or other expenses above that amount as reasonably required to process the application.
[Amended 12-3-2001; 1-22-2004; 11-6-2006 by Ord. No. 6-2006]
F. 
All pools shall be located in rear yard areas.
G. 
Pools shall occupy no more than 25% of the rear year area or a maximum of 800 square feet as measured along the surface of the water, whichever is smaller.
H. 
No edge of any pool shall be closer to any lot line than 10 feet.
I. 
In case of a corner lot, a permanent private swimming pool shall not be constructed, erected, installed or maintained closer to the side street line than the prevailing setback line on that street.
J. 
The pool may be lighted by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties in such a manner as to be a nuisance or any annoyance to neighboring properties. Underwater lighting shall be in conformance with the Electric Code currently in effect in the Borough.
[Amended 12-3-2001]
K. 
The pool shall be completely surrounded by protective fencing a minimum of four feet in height.
L. 
No sound amplifying system shall be used with a private swimming pool.
Public swimming pools or clubs intended for open use of the public or to club members shall adhere to the following standards:
A. 
Such pools shall be located within a lot area of a minimum of one acre and within such area may also be located terraces, change house, refreshment stand and similar accessory uses.
B. 
The pool shall occupy no more than 20% of the lot area. Such area shall include total water surface including separate wading pools, swimming tanks, and diving tanks.
C. 
No edge of any pool or separate swimming tank shall be closer to any property line than 20 feet.
D. 
The pool shall be enclosed with a fence or, in lieu thereof, located on a terrace, or landscaped, or surrounded by structures of any combination of the above or similar techniques in order to control access to the immediate pool area.
E. 
The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any adjacent property. All standards used for exterior lighting shall not exceed 25 feet in height and shall be no closer than 25 feet to the edge of any pool. All lighting shall be in compliance with the Electric Code currently in effect in the Borough.
[Amended 12-3-2001]
F. 
All pools shall be landscaped to effectively screen the view and noise of the pool from neighboring properties.
G. 
All loudspeakers or public address systems shall be located on or in the immediate area of the pool and be directed so that such speakers are not directly aimed at any adjacent residential buildings.
H. 
One off-street parking space shall be provided for every 30 square feet of water surface.
Pools included as part of the overall development of apartments or townhouses, whether open to the public or used as a private facility for the apartment residents, shall adhere to the following standards:
A. 
Pools shall be located within an area no less than 4,000 square feet that is devoted to the use of the pool.
B. 
The total area of the surface of the water including separate wading pools, swimming tanks and diving tanks shall be no more than 40% of the land area devoted to the use of the pool.
C. 
No edge of any pool or separate swimming tank shall be closer to any building or property line than 20 feet.
D. 
The total land devoted to the use of the pool shall be enclosed with a fence no less than eight feet in height nor more than 10 feet in height.
E. 
The pool shall be lighted both internally and externally but in no case shall any light be directed in a direct or indirect fashion upon any apartment house or adjacent property. All lighting shall be in compliance with the Electric Code currently in effect in the borough.
[Amended 12-3-2001]
F. 
All pools shall be constructed below the surface of the ground.
G. 
If any portion of the pool, part of the land devoted to the use of the pool, light standard or loudspeakers are located closer to any residential building or other property line of another lot than 50 feet, adequate buffers of trees or shrubs shall be provided.
H. 
All pools shall have all the areas surrounding the pool made and kept neat and attractive so as to be in conformity with surrounding property and no rubbish, debris, or litter shall be permitted to remain or accumulate in or about the pool.