In any residential district no outdoor water
pool shall be constructed, maintained or used except in conformity
with this article.
A.
Permits for the construction, installation or use
of such pool shall be issued by the Building Superintendent and shall
be subject to all applicable provisions of the Building Code of the
Village of Port Washington North, as amended,[1] and of Chapter 176, Zoning, of the Code of the Village of Port Washington North, as amended.
B.
Installation or construction of any such pool shall
not commence until application for construction or installation has
been made to the Building Superintendent in such form as the Building
Superintendent shall require and a permit for such construction issued
by the Building Superintendent.
C.
No permission shall be granted for the installation
or construction of any outdoor water pool, unless the plans therefor,
which must be submitted to the Building Superintendent in such form
as he requires along with an application for permit in such form as
the Building Superintendent requires, meet the minimum Incorporated
Village of Port Washington North construction and installation requirements
as defined herein and are approved in accordance with the requirements
herein by the Building Superintendent of the Village, nor until the
applicant has filed with the Village Clerk a certification, approved
by the Building Superintendent, by a professional engineer licensed
by the State of New York that the drainage of such pool is adequate
and will not interfere with the public water supply system, with existing
sanitary facilities or with the public highways.
D.
No such pool shall be filled partially or totally
with water or otherwise used until application has been made to the
Building Superintendent in such form as said Building Superintendent
shall require for permission to use such pool and a permit for such
use issued by the said Building Superintendent. Such use permit shall
be issued by the said Building Superintendent only if a construction
or installation permit hereunder validly has been issued and installation
or construction of said pool has been done in accordance with the
requirements of this chapter, all provisions, of the article have
been complied with, and if a certificate from the New York Board of
Fire Underwriters is annexed to the application which certificate
certifies that all electrical equipment in and around the completed
pool is adequate and properly installed.
E.
Any permit for construction, installation or use may
be revoked by the Village Clerk, Building Superintendent, Mayor or
Board of Trustees at any time without notice for any violation of
requirements or any cause which would justify the denial of a permit
for construction or installation or use whether said cause existed
at the time of the issuance of said construction or installation permit
or use permit or not.
F.
Each permit for the construction or installation of
an outdoor water pool shall remain in effect for a period of six months
from the date of issuance, unless revoked, and at the end of the six-month
period it shall lapse and become null and void. When a permit shall
have lapsed, the holder of the said permit may make application for
a new permit in accordance with the terms of this article. Each permit
for the use of an outdoor water pool shall remain in effect for a
period of one year from the date of issuance unless revoked, and at
the end of the said one-year period said use permit shall lapse and
become null and void unless renewed. In lieu of renewal, application
may be made for a new use permit in accordance with the provisions
of this article governing the issuance of such permits. An application
for the renewal of a use permit must contain an attestation by the
applicant on forms provided by the Building Superintendent which attestation
must be sworn to on oath by the applicant, and which shall state that
the installation, construction, maintenance, and use of the outdoor
water pool concerning which application for renewal is being made
complies in all respects with the provisions of this article and other
applicable laws, ordinances and regulations. Each renewed permit shall
remain in effect for a period of one year from the date of renewal,
unless revoked, and upon the termination of the said one-year period
further renewals, each for a period of one year, may be granted in
accordance with the provisions of this article.[2]
No pool shall be built, constructed or maintained
except of materials having adequate strength to retain the water contained
therein. They shall be designed in accordance with sound engineering
practice and the applicant shall furnish complete plans, data and
specifications to enable the Building Superintendent to evaluate the
structure.
Water overflowing from the pool, and when the
pool is emptied the water therefrom, shall be disposed of on the owners'
land and restrained from flowing on the land of any adjoining property
owner or into any street. The applicant shall show in his application
the plan for the disposal of water.
A.
Adequate fencing shall be provided to prevent accidental
entry and unauthorized use of the pool. Such fencing may be erected
so as to completely enclose the pool itself or the particular yard
in which the pool is situated.
B.
Such fencing shall be stockade or chain link type
and shall be five feet in height. Stockade fencing shall be constructed
of cedar, cyprus or redwood. Chain link fabric shall be constructed
of no less than nine gauge wire with green plastic coating. No insert
strips will be permitted.
[Amended 10-7-1974 by L.L. No. 1-1974]
C.
Every gate or other opening in the fence enclosing
such pool, except an opening through the dwelling or other main building
of the premises, shall be kept securely closed and locked at all times
when the owner or occupant of the premises is not present at such
pool. Each gate or opening and closing section in the said fence shall
contain a self-closing and self-locking device in good working order.
A.
Any outdoor water pool constructed, installed, maintained
or used in a residential district shall only be constructed, installed,
maintained or used as an accessory to a dwelling house for the private
use of the owners or occupants of such dwelling house and their families
and guests.
B.
Such outdoor water pool may be constructed, installed,
maintained or used only in the rear yard of the premises.
C.
Such outdoor water pool shall be constructed, installed
or maintained within the same side yard setbacks as permitted for
the main dwelling. The permitted rear yard setback shall be no less
than the side yard setback for the Zoning District applicable to the
property in question. Side yard and rear yard setbacks shall be measured
from the property line to the water’s edge. On-grade pool decks
or pool patios shall not be constructed, installed or maintained closer
than four feet from any property line. Above-grade pool decks shall
be constructed, installed or maintained within the same side yards
as permitted for the main dwelling.
[Amended 6-25-2007 by L.L. No. 5-2007]
D.
Such pool shall not occupy more than 40% of the area
of the rear yard excluding all garages or other accessory structures
located in such area.
E.
The yard area occupied by such pool shall not be included
in computing the percentage of lot area permitted to be built upon
under the Zoning Chapter of the Code of this Village. Elevated water
pool structures such as decks, slides, ladders and diving boards and
the like shall not be constructed, installed or maintained within
a side yard or rear yard setback less than 1.5 feet of setback for
each one foot of the height of the structure above the ground.
[Amended 6-25-2007 by L.L. No. 5-2007]
F.
Only one such pool shall be permitted on each premises.
Such pool shall be chemically treated in a manner
sufficient to maintain the bacterial standards established by the
provisions of the New York State Sanitary Code relating to public
swimming pools.
No loud speaker device which can be heard beyond
the property lines of the premises on which any swimming pool has
been installed may be operated in connection with such pool, nor may
any lighting be installed in connection therewith which shall throw
any rays beyond such property lines.
A.
Every pool subject to the terms of this article shall
be maintained in a clean and sanitary condition and shall be kept
free of garbage, debris, waste, rubbish or refuse whether empty or
filled or partially filled with water.
B.
All electrical equipment shall be kept in proper condition
and good repair at all times.
C.
No liquid other than water shall be used to fill or partially fill any pool subject to the terms of this article, other than chemicals used in accordance with § 176-173 hereof or other than cleansing agents not injurious to health.[1]
[1]
Editor's Note: Original Section 12 of this
article, which immediately followed this subsection, was repealed
11-5-1979 by L.L. No. 5-1979.
Excluded from the provisions of this article
shall be outdoor ice skating rinks or surfaces of water used only
for ice skating, and water storage tanks when such tanks are completely
enclosed by the principal material of their construction. Access doors
to the interior of such tanks shall be securely locked except when
personally attended by a regular employee or the owner.
If the pool is abandoned, the owner or occupant
of the premises shall arrange to remove the depression and return
the surface of the ground to its original grade and approximately
in the same condition as before the pool was constructed, and he shall
further notify the Building Superintendent of the abandonment so that
an inspection of the site may be made and the records of the permit
be marked accordingly.[1]
[1]
Editor's Note: Original Section 15, Fines,
of this article, which immediately followed this section, was repealed
4-14-2003 by L.L. No. 1-2003.
