[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 6-18-1957 by Ord. No. 27; amended in its entirety 6-17-1986 by L.L. No.
3-1986. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any swimming pool that has its highest elevation more than
six inches above any portion of the adjoining grade within five feet
of the swimming pool.
[Added 6-22-2020 by L.L. No. 2-2020]
Any outdoor structure, tank or excavation intended for or
used for the purposes of bathing or swimming by a resident of the
Village of Kings Point, the members of his household and guests and
located on a lot as an accessory use to a residence, but such term
shall not be deemed to include a portable wading pool located above
ground and containing not more than 90 square feet of water surface
and having a maximum depth of 24 inches or less.
A.
No swimming pool shall be constructed or erected unless
a permit for the same shall have been issued by the Building Inspector
of the Village of Kings Point.
B.
An application for such permit shall be accompanied
by plot, site and building plans of such pool, showing dimensions,
design, location and use of all equipment, drainage, sanitary, filtration,
water supply and disposal facilities, fencing, covering of pool and
other structures and such other information as may be required by
said Building Inspector.
C.
No such permit shall be issued unless said Building
Inspector 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 the orderly development
of the Village.
[Amended 2-8-2018 by L.L.
No. 3-2018]
A.
To promote
safety and to prevent accidental injury to or drowning of children
or others, every swimming pool heretofore or hereafter constructed
or maintained shall be completely enclosed with a fence so constructed
as to prevent persons, including children, from passing through the
same, such fence to be not less than four feet in height and entirely
enclosing the area in which such pool is located. Gates giving access
to such swimming pool shall be of the same height and material as
the fence and shall be equipped with self-latching devices and shall
be closed and latched at all times when the pool is not in use by
the occupant of the premises or his guests. All fences, gates and
latches shall be maintained in good operating condition.
A.
Lights and other electrical facilities within the
proximity of the swimming pool shall be of proper type and grounded
in accordance with the requirements of the National Board of Fire
Underwriters and the New York State Building Code.[1]
[1]
Editor's Note: See Art. 18 of the Executive
Law regarding the State Uniform Fire Prevention and Building Code.
B.
No swimming pool shall be placed within 20 feet of
any aboveground electric power lines, cables or wires or poles to
which such lines, cables or wires are attached.
C.
All metal enclosures, fences or railings near or adjacent
to an outdoor swimming pool which might become electrically alive
as a result of contact with broken overhead conductors or from any
other cause shall be effectively grounded.
D.
Lights shall be erected so that the sources of illumination
shall not be visible from any point beyond the property line of the
premises upon which the pool is installed.
No swimming pool and no appurtenant equipment
or structure to such swimming pool shall be built, constructed, erected
or maintained in a front yard or closer than 20 feet to the rear or
side property lines of the premises.
Upon application to the Board of Appeals, based upon the location of the swimming pool, the topography of the land and/or the proximity of the swimming pool to existing structures or structures to be constructed contemporaneously with the swimming pool, the Board may grant a variance from § 140-3 of this chapter.
Should the owner abandon a swimming pool, he
shall fill in or remove the excavation or depression and restore the
surface of the ground to its original grade and to approximately the
same condition as before the pool was installed, and he shall further
notify the Building Inspector of the Village of the abandonment so
that inspection of the site may be made.
A.
No owner or occupant of any premises upon which a
swimming pool shall have been constructed shall allow, permit or tolerate
any water from such swimming pool to be discharged, directly or indirectly,
in such a manner that it flows into a sanitary sewer, or upon any
other property, public or private, including streets and sidewalks.
B.
Upon application to the Department of Public Works
of the Village of Kings Point and upon the receipt of permission,
in writing, from said Department, an owner or occupant may discharge
such water into a public stormwater drain.
[Added 6-22-2020 by L.L. No. 2-2020[1]]
Aboveground swimming pools are prohibited.
In addition to any other penalties provided
for, the Building Inspector 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 chapter or of a permit issued
for the construction of such pool.
A.
The owner or occupant of the premises upon which a
swimming pool shall have been constructed prior to the date of adoption
of this chapter shall, within 90 days after the effective date of
this chapter, comply with the requirements contained in this chapter.
B.
Upon application to the Board of Appeals by the owner
or occupant of the premises upon which a swimming pool shall have
been legally constructed prior to the date of the adoption of this
chapter, the Board, in cases of practical difficulty or unnecessary
hardship, may extend said ninety-day period for compliance, but no
such extension shall extend the date by which the applicant shall
be required to comply with this chapter beyond two years from the
date of the adoption of this chapter.
