[HISTORY: Adopted by the Town Board of the Town of Somerset 5-9-1978 as Article XIV of the Zoning Ordinance. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 205.
A. 
All private swimming pools in the Town of Somerset over three-hundred-cubic-foot capacity which are moved, erected, constructed or excavated, either above, below or partly above and below grade level, shall require a building permit.
B. 
Building permit application shall be made to the Building Department and shall be accompanied by two complete sets of plot plans, showing all lot lines, existing structures, and yard measurements, drawn accurately to scale.
As used in this chapter, the following terms shall have the meanings indicated:
PRIVATE POOL
A pool located on the property to a single-family or a two-family dwelling and for the exclusive use of the occupants thereof and their families and guests. All other pools, for the purpose of this chapter, shall be classified as public pools.
SWIMMING POOL
Any pool having a water depth exceeding 18 inches.
WADING POOL
Any pool not having a water depth exceeding 18 inches.
No swimming pool, as described in §§ 174-1 and 174-2, any part of which is below grade level, shall be installed unless:
A. 
There shall be erected and maintained a fence having a minimum height of four feet and a maximum height of eight feet, unless the sidewall of the pool extends at least four feet in vertical height above the ground level upon which pool is constructed and so constructed as will not shut off light or air to any building.
[Amended 9-10-1996 by L.L. No. 2-1996]
B. 
Such fence shall completely surround the area of the swimming pool but shall not be less than three feet from any edge of the swimming pool or placed on the lot line, and any gate shall be self-closing and locked while the premises are not under the direct supervision of an adult.
C. 
All latching and locking devices shall be at a minimum of four feet above the base of the fence.
D. 
The wall of a dwelling and/or its accessory buildings may act as an integral part of the fence, but any openings or doors, etc., shall also be kept locked while premises are unsupervised by an adult.
No swimming pool, as described in §§ 174-1 and 174-2, all of which is above grade level, shall be installed or maintained unless either:
A. 
The ladder, stair or other access to the pool is capable of being removed and is removed when the pool is not being supervised by the owner thereof. The word "removed," as used in this subsection, in addition to its usual and customary meaning, shall mean raising and locking the ladder, stair or other access in a position where the bottom thereof is at least as high as the top of the pool.
B. 
The ladder, stair or other access is completely enclosed by a fence, the minimum height of which shall be equal to the height of the pool, except that in no event shall the fence be higher than eight feet. Any gate in the fence shall be self-closing and locked when the pool is not being supervised by the owner thereof.
[Amended 9-10-1996 by L.L. No. 2-1996]
A. 
Private swimming pools may be erected or installed only as an accessory to a dwelling and for the private use of the owner or occupant and their families and guests.
B. 
Any swimming pool on any property having more than two-family dwelling units shall comply with the provisions of this chapter in addition to any state and county regulations pertaining to public swimming pools.
C. 
No swimming pool shall be erected nearer than three feet from the rear or side property line of the premises or occupy more than 10% of the total area of the premises.
D. 
No swimming pool will be permitted in a required front yard or side yard.
Owners of property upon which ponds, excavations, quarries and gravel pits, excavated or formed by natural causes, shall be responsible for the posting of "no trespassing" signs.
[Amended 6-10-1980; 9-10-1996 by L.L. No. 2-1996]
Any person who shall violate this chapter shall be guilty of an offense and, upon conviction, shall be subject to a fine of not more than $250. Each week's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the Town of Somerset may enforce obedience of this chapter or any part thereof by injunction to restrain such violation.