[Amended 4-18-1966; 5-7-1979 by L.L. No. 23-1979]
A.
Provisions not applicable.
(1)
All swimming pools, as defined in § 265-1, having a capacity of not more than 1,500 gallons, are hereby exempted from compliance with the conditions and MP requirements of said swimming pool ordinance, and no permit or municipal permit fee shall be required for the erection and maintenance thereof.
(2)
All swimming pools, as defined in § 265-1, having a height or depth of less than 18 inches and a width or diameter of less than 12 feet, are hereby exempted from compliance and conditions of said swimming pool regulations, and no permit fee or annual license fee shall be required for the erection and maintenance thereof.
(3)
However, no portable swimming pool exempted
as herein noted shall be located in any other location than in the
rear yard and shall be at least 10 feet from any rear property line
and five feet from any side property line and shall be maintained
so as not to constitute a public nuisance to the surrounding neighbors.
B.
Provisions applicable. In cases where the capacity
of a swimming pool shall be between 1,500 gallons and 10,000 gallons,
the filing fee and annual license fee shall be as set by the Board
of Trustees by resolution of a majority vote of its members present
at a Board meeting.[1] In cases where the capacity of a swimming pool shall be
over 10,000 gallons, the filing fee and annual license fee shall be
as set by the Board of Trustees by resolution of a majority vote of
its members present at a Board meeting. The annual license shall cease
and terminate on the 31st day of May and shall be renewed annually
thereafter within 30 days prior to the expiration date thereof. All
requirements of the swimming pool regulations shall apply to all pools
having a capacity greater than 1,500 gallons.
[Amended 6-13-1983 by L.L. No. 10-1983]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
A.
No swimming pool shall be constructed or erected unless
erected on the same lot as an accessory use to a residence unless
a permit for the same shall have been issued by the Board of Trustees
of the Village of Cedarhurst.
B.
An application for such permit shall be accompanied
by plot site and building plans of such pool showing the dimensions,
design, location and use of all structures, equipment, drainage, sanitary
filtration, water supply and disposal facilities, fencing, covering
of pool and such other information as may be required by said Board.
C.
No such permit shall be issued unless said Board of
Trustees determines that the public health, safety, comfort and welfare
will be secure and that such swimming pool will not be detrimental
to the general character of the district or to the orderly development
of the Village.
[Amended 5-4-1964; 11-4-1974 by L.L. No. 3-1974; 5-7-1979 by L.L. No.
23-1979]
Notwithstanding any other provisions contained
in the building zone regulations of the Village of Cedarhurst, every
swimming pool heretofore or hereafter constructed or maintained shall
be enclosed with a fence of such type as is approved by the Building
Official of the Village of Cedarhurst; and said fence is to be not
less than five feet nor more than six feet in height, flush with the
ground, woven wire, rustake or equal and entirely enclosing the area
in which the pool is located. Gates giving access to such swimming
pool shall be equipped with self-closing and self-locking devices
installed on the pool side of the gates.
Should the owner abandon a swimming pool, he
or she shall fill in or remove the excavation or depression and restore
the surface of the ground to its original grade and approximately
the same condition as before the pool was installed, and he or she
shall further notify the Building Official of the Village of the abandonment
so that inspection of the site may be made.
[Amended 4-18-1966; 5-7-1979 by L.L. No. 23-1979]
No swimming pool shall be built or maintained
except in a rear yard as defined by the building zone regulations
of the Village of Cedarhurst. The pool, including the foundation for
the purifying apparatus, if any, shall be located not less than 10
feet from the rear lot line and not less than five feet from the side
property lines of the premises. In no case shall any portion of the
pool or fence be closer than 25 feet to a street line and, in the
case of corner plots, not less than 25 feet from the front of the
premises and side street line of the premises.
[Amended 4-18-1966; 11-4-1974 by L.L. No. 2-1974]
The pool shall not occupy more than 20% of the
area of the rear yard excluding all garages or other accessory structures.
For the purpose of computing the building area the base for the springboard
or diving platform and the foundation for the purifying apparatus,
if any, shall be included. Notwithstanding any other provisions contained
in the rest of this chapter, the area occupied by the pool shall not
be included in computing the maximum percentage of the lot area that
may be built upon.
The bacterial standards established by the provisions
of the New York State Sanitary Code relating to public swimming pools
shall be maintained either by chemical treatment or filtration.
[Amended 4-18-1966; 11-6-1967; 5-7-1979 by L.L. No. 23-1979]
Plans and specifications shall be accompanied
by a filing fee which shall be nonrefundable. Said filing fee shall
be as set by the Board of Trustees by resolution of a majority vote
of its members present at a Board meeting.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
A.
The pool or any auxiliary apparatus of equipment or
other device used in connection therewith shall be used in such a
manner as not to cause disturbance or annoyance to other residents
of the Village. No loudspeaker devices shall be permitted to be used
on or near the pool or in connection with the use of the pool.
B.
The pool for night use shall be lighted by underwater
lighting only, and the balance of the pool area shall be lighted only
with nonglaring lights. All lighting shall be approved by the Building
Department of the Village of Cedarhurst. All electrical work shall
be performed in accordance with the rules and regulations of the National
Board of Fire Underwriters.
C.
A swimming pool located within the Village shall have
alarms in strict compliance with the requirements set forth in the
New York State Uniform Fire Prevention and Building Code 19 NYCRR
1228.2(c) and (d), and subject to the exceptions set forth in the
New York State Uniform Fire Prevention and Building Code 19 NYCRR
1228.2(e).
[Added 8-6-2007 by L.L. No. 12-2007]
D.
The use of a pool, which is an accessory to a residence,
by a nonresidential facility is prohibited.
[Added 8-6-2007 by L.L. No. 12-2007]
The Building Official shall be empowered to
enforce the regulations herein set forth and to compel the removal
of any swimming pool that fails to meet the requirements of this article.[1]
[1]
Editor's Note: Former Sec. 18-229, Penalties,
which immediately followed this section, was repealed 1-6-1986 by
L.L. No. 3-1986.
