[Added 2-7-1972]
As used in this Article, the following terms
shall have the meanings indicated:
Any outdoor receptacle, structure or excavation constructed
for the purpose of holding water, which retains water at any point
to a depth of at least 18 inches, is more than 30 inches across in
width or having a larger plane surface area of water greater than
100 square feet. For purposes of yard, setback and height requirements,
a "swimming pool" shall include adjacent decks, diving boards, slides,
equipment, machinery and other appurtenances extending above grade
but shall not include fences.
[Amended 10-18-1993 by L.L. No. 17-1993]
A swimming pool complying with the provisions
of this Article shall only be permitted in a residential district
as an accessory use to a dwelling for the residents of such dwelling
and their guests.
A.
No swimming pool shall be installed unless a building
permit shall be issued by the Building Inspector. Every application
for a building permit shall be accompanied by a dimensioned site plan,
drawn to scale and showing locations of all details, plus detailed
drawings, including the water supply, overflow, filtration and drainage
systems, fencing and all other above-grade appurtenances, duly certified
by a licensed professional engineer or architect, which site plan
and detailed drawings shall have been submitted to and approved by
the Planning Board.
B.
No building permit shall be required for an outdoor
receptacle, structure or excavation which retains water and is not
considered a "swimming pool" by definition.
[Amended 10-18-1993 by L.L. No. 17-1993]
A.
Swimming pools and their appurtenances shall only
be installed in the rear yard of a dwelling and shall be located entirely
within the present setback limits of the district, but shall not,
in any event, be located closer than 20 feet to the nearest property
line.
B.
The area within the walls of any swimming pool shall
not exceed 25% of the area of the rear yard.
C.
A swimming pool shall not be higher than three inches
above the average exterior grade of the ground surrounding such pool
as it existed prior to the installation of such pool. No swimming
pool shall, in any case, be higher than six inches above the finished
grade surrounding such pool at any point. Diving boards and enclosed
equipment and machinery may, however, have a maximum height of 24
inches.
A.
All swimming pools shall be completely enclosed by
a sturdy fence of a design approved by the Planning Board and Building
Inspector, which fence shall be located within the rear yard, no closer
than four feet from the nearest side wall of the pool.
[Amended 10-18-1993 by L.L. No. 17-1993]
B.
Such fence shall be supported by approved metal posts
set in concrete and shall be maintained in a sturdy and secure condition
at all times.
C.
Such fence shall be four feet in height, constructed
so as not to provide footholds with pickets extended above the upper
horizontal bar. The fence shall provide no more than two inches of
space between such fence and the ground at any point.
[Amended 10-18-1993 by L.L. No. 17-1993]
D.
All points of entry through such fence to the swimming
pool shall be equipped with a self-closing spring-lock door or gate
which can be opened from outside the fenced area only by means of
a key.
E.
Each gate or door and spring lock shall be maintained
in proper working order so that such gate or door shall be kept closed
and locked at all times, except while the gate or door is in actual
use, whether or not the swimming pool is occupied.
F.
The wall of a dwelling is permitted to serve as part
of the enclosure, in accordance with the provisions of the New York
State Uniform Fire Prevention and Building Code (9 NYCCR Part 720).
[Added 10-18-1993 by L.L. No. 17-1993]
A.
Where water for a swimming pool is supplied from a
private well, there shall be no cross-connection with the public water
supply system.
B.
Where water for a pool is supplied from a public water
system, the inlet shall be above the overflow level of the swimming
pool, and that supply shall be equipped with an approved backflow
device.
[Amended 10-18-1993 by L.L. No. 17-1993]
C.
The overflow and drainage systems of all swimming
pools shall be adequate to dispose of water without interfering with
adjoining properties, public water supply systems, existing drainage
facilities or the streets, roads and highways of the Village. No connections
into the sanitary sewerage system will be permitted.
D.
Every swimming pool shall be provided with an adequate filtration system which will provide compliance with the requirements of § 105-19.
E.
All applications and plans must indicate approval
of the Manhasset-Lakeville Water District or any other agency having
jurisdiction of water supply.
A.
All swimming pools, as herein defined, shall be maintained
and operated in accordance with the provisions of the New York State
Sanitary Code and all applicable ordinances, rules and regulations
now or hereinafter enacted by the Village of Lake Success, the Nassau
County Department of Health or the Health Department of the State
of New York.
B.
Every swimming pool shall be filtered and 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. The recommendations of the Nassau
County Department of Health for care and maintenance of small swimming
pools shall also be followed.
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.
B.
No swimming pool shall be placed within 20 feet of
any aboveground electric power lines, cables, 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.
[Amended 10-18-1993 by L.L. No. 17-1993]
Swimming pools shall be screened by a planting
area in accordance with a landscape plan submitted to and approved
by the Planning Board.
A.
No swimming pool shall be abandoned or its use permanently
discontinued unless the owner fills such swimming pool with clean
earth fill. The owner of a swimming pool who intends to abandon said
swimming pool shall file a notice of intent to abandon with the Village
Clerk.
B.
In the event that the owner of an abandoned swimming
pool, whether or not he has filed a notice of intent to abandon with
the Village Clerk, shall fail to fill such swimming pool within 30
days after receipt of a notice given by the Building Inspector in
writing, the Village may, in addition to all other remedies under
this chapter, proceed to fill such swimming pool and charge the cost
thereof to the owner.
C.
Such cost shall be a lien against the property and
shall be collectible in the same manner as taxes levied and assessed
against the property.
A.
The Building Inspector is herewith charged with the
duty of enforcing this Article, and it is herewith specifically provided
that the Building Inspector, or his deputy as authorized by the Board
of Trustees, shall have the authority to enter upon any private premises
in the Incorporated Village of Lake Success 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 swimming
pool as herein defined.
