[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-6-1976 as Art. I of Ch. 69 of the 1976 Code]
[1]
Editor's Note: The provisions of this article
are derived from Article 13A which was added to the former Building
Code 8-11-1958.
[Amended 6-7-2004 by L.L. No. 15-2004; 6-4-2012 by L.L. No.
3-2012]
No outdoor swimming pool shall be constructed, erected or maintained in connection with any private residence unless in conformity with this article, Chapter 240, Zoning, and the general laws of the Village.
As used in this article, the following terms
shall have the meanings indicated:
Any pool, container, tank, depression or excavation now in
existence or hereafter to be constructed, which will cause the retaining
of water to a greater depth than three feet.
[Amended 11-10-1999 by L.L. No. 3-1999]
No pool shall be constructed except of materials
having adequate strength to retain the water contained therein. No
permit will be issued for the installation of any swimming pool unless
the plans therefor meet the minimum construction requirements of the
Building Code[2] and unless the requirements of § 201-8 of this article are fully complied with. No pool shall be closer than 10 feet to the main building.
The area of the swimming pool and its appurtenances shall not occupy more than 25% of the unoccupied area of the rear yard and shall fully comply with all rear and side yard setback requirements of Chapter 240, Zoning.
For the purpose of computing the building area
of swimming pools, the required yards and the distance from the lines
of the lot, the walk or platform along the sides of the swimming pool,
the base for the springboard or diving platform and the foundation
for the necessary purifying apparatus shall be included.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000]
Each pool shall be provided with permanently
installed facilities for the complete drainage thereof. Such facilities
shall include provisions, approved by the Building Inspector, for
disposing of the entire contents of the pool, by means of diffusion
wells or otherwise beneath the surface of the ground so that at least
25% of the contents shall drain within 24 consecutive hours. Such
facilities shall be entirely separate from the house drains and house
sewer facility and shall not be located any closer than 20 feet to
the nearest cesspool, whether on the property of the owner of said
pool or on the adjoining property, nor closer than 10 feet to the
property line. In no case may the contents of the pool be permitted
to discharge, directly or indirectly, into a street or public drain
or catch basin or in, upon or under the land of another person without
his written consent, or in such a way as to adversely affect the functioning
of the house drains or house sewer facility of another property.
[Added 11-10-1999 by L.L. No. 3-1999; amended 11-6-2000 by L.L. No. 3-2000]
Aboveground pools shall be a maximum of four
feet high. Solid landscape screening at the rear and side, approved
by the Board of Trustees, shall be provided.
All applications and the plans submitted therewith
shall indicate thereon the approval of the respective water district
having jurisdiction of the local water supply for the premises. Such
application shall, in addition to all other requirements, show:
A.
The location and size of the plot.
B.
The location of the pool in relation to adjacent properties.
C.
The location of all cesspools within 50 feet of the
pool or pool dry wells or diffusion wells or other proposed pool drainage
facilities.
D.
The dimensions, design and elevation of the pool,
drainage, sewerage, sanitary facilities, safeway walk around the pool
and fences and the location thereof around the pool.
E.
The location of all electric wiring and lines.
F.
A computation of the percentage of land usage.
G.
A breakdown of estimated cost used in the application.
H.
The structural plans approved and signed by a registered
architect.
I.
A certificate of a professional engineer licensed
by the State of New York that the drainage of said pool is adequate
and will not interfere with the public water supply system, with existing
sanitary facilities, with the public highways, and with the adjoining
or surrounding properties of others.
[Amended 7-11-1983 by L.L. No. 2-1983]
A.
A building permit shall be issued in accordance with the provisions of Chapter 85, Building Construction, of the Code of the Village of Flower Hill before any construction of such swimming pool shall commence, and upon completion of such construction an application shall be made for a certificate of occupancy in compliance with the provisions of Chapter 85 of the Code of the Village of Flower Hill.
B.
The applicant shall conform to all the provisions
of Chapter A234, Fees, Charges and Permits, of the Code of the Village
of Flower Hill and shall pay the fees set forth therein when applying
for a building permit or certificate of occupancy in connection with
the construction, alteration, modification or renovation of a swimming
pool.
[Amended 11-10-1999 by L.L. No. 3-1999]
A surety bond in the sum set forth in Chapter A243, Fees, Charges and Deposits, shall be posted by each applicant to guarantee the reimbursement to the Village for any damages sustained to its highways or other property arising out of the construction of such pool.
The Building Inspector is herewith charged with
the duty of enforcing the provisions of this article, and it is specifically
provided that the Building Inspector shall have the authority to enter
upon any private premises in the Village of Flower Hill for the purpose
of determining whether or not the provisions and requirements of this
article have been complied with in the construction or maintenance
of any such swimming pool.
The violation of this article shall be as provided in § 85-19 of Chapter 85, Building Construction, as presently constituted or as hereafter amended.
[Adopted 1-6-1976 as Art. II of Ch. 69 of the 1976 Code]
Every swimming pool in the Village of Flower Hill, now in existence or hereafter to be constructed in accordance with the provisions of Chapter 240, Zoning, or Chapter 85, Building Construction, now in effect or as may hereinafter be amended, shall be enclosed by an adequate fence erected to prevent accidental entry, unauthorized use of the pool and, particularly, entry by a child or children. Such fence may be erected so as to completely enclose the pool itself or the particular yard area in which the pool is situated or the entire property, back of the building line.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000]
Such fence shall be of a permanent closed type,
except for ventilation openings, adequately supported and shall be
not less than four feet nor more than six feet in height, as determined
by the Building Inspector, as hereinafter provided. Aboveground pools
require a six-foot fence. In such fence there shall not be more than
two openings for ingress and egress. Said openings shall have self-closing
gates or doors with adequate locks which can be opened from the outside
of the pool enclosure only by means of a key or combination. The gate,
door and lock shall at all times be maintained in proper working order
to ensure that such gate or door shall be kept closed and locked at
all times when the pool is not in use, whether it contains water or
is empty.
The height and type of fence shall be approved
by the Building Inspector, who shall, in evaluating a request for
approval, give due consideration to the adequacy and durability of
the proposed fence to ensure the safety and welfare of the general
public and particularly of children, and with a view to preserving
the character of the neighborhood and conserving the value of the
land and buildings therein. In the event of any question as to the
adequacy of such fence, an appeal may be made to the Board of Appeals
from any such ruling of the Building Inspector.
No lighting shall be permitted in, on or about
such pools, except such lighting as shall shine into or upon said
pool and cast no light or reflection onto abutting properties.
