[HISTORY: Adopted by the Board of Trustees
of the Village of Belle Terre 9-27-1971 as Ord. No. P-2 of the Building Zone Ordinance.
Amendments noted where applicable.]
No swimming pool or wading pool shall be constructed,
installed, used, erected or maintained in any part of the Incorporated
Village of Belle Terre except in accordance with the provisions hereof
and except after a permit for such construction, installation, use,
erection or maintenance shall have been issued by the Building Inspector
of the Incorporated Village of Belle Terre in accordance with the
provisions hereof.
As used in this chapter, the following terms
shall have the meanings indicated:
Any receptacle installed in any exterior portion of the yard
of any property within the Village of Belle Terre for the containment
of heated water or other liquids for recreational, therapeutic or
other purposes, except swimming; which shall have a capacity of more
than 16 cubic feet and a means to circulate water or air within the
receptacle.
[Added 10-5-1992 by L.L. No. 1-1992]
A construction, other than a building, made of a combination
of materials to form a structure that is safe and stable, the use
of which requires erection in or on the ground or attached to something
having a location on the ground and includes, among other things,
platforms, stagings, poles, walls, fences and on-ground radio and
television antennas. The term "structure" shall be construed as though
followed by the words "or part thereof."
[Amended 10-16-2018 by L.L. No. 2-2018]
Any body of water or receptacle for water, made of steel
or concrete or of steel and concrete or of any other material commonly
used therefor and installed in a depression within the ground, having
a depth at any point of 18 inches or more, used or intended to be
used for bathing or swimming and installed and maintained outside
a residential building on private property within the limits of the
Incorporated Village of Belle Terre.
Any body of water or receptacle for water having a depth
of less than 18 inches, used or intended to be used for wading and
installed and maintained in or above ground outside a residential
building on private property within the limits of the Incorporated
Village of Belle Terre.
For the purpose of safeguarding the safety and
health of the community, the following specific conditions are hereby
imposed on all swimming pools.
A.
A swimming pool may be constructed in the rear yard
only and shall occupy, including the apron or walkway hereinafter
referred to, not more than 40% of the rear yard area.
[Amended 10-5-1992 by L.L. No. 1-1992; 10-16-2018 by L.L. No. 2-2018]
A fence, five feet in height, so constructed as to bar access except through a gate, shall be erected completely enclosing a swimming pool or on the perimeter of the yard in which such pool may be located in which case the fence must comply with Chapter 170. A dwelling house or accessory building or structure may be used as part of such enclosure. All openings through said fence shall have self-latching devices designed to keep and capable of keeping such doors or gates securely closed at all times, which gates or doors shall be kept locked at all times when the owner or occupant of the premises, or a person specifically designated by him or them as a monitor, is not present at such swimming pool. When erected around the pool, said fence shall be erected at least five feet from every edge thereof. The fence hereinbefore referred to that completely enclosed the swimming pool shall be not less than 20 feet from all property lines. A suitable walkway, at least four feet in width, shall be built on all sides of the pool.
[Amended 10-5-1992 by L.L. No. 1-1992]
Water drained from a swimming pool, shall be
completely drained on the lot whereon such pool is located and into
a drywell which:
A.
Shall not be located nearer than 20 feet to the nearest
cesspool, whether on the property of the owner of such pool or on
any adjoining property.
B.
Shall be constructed in the same manner as is prescribed
by the State Uniform Fire Prevention and Building Code or any ordinance
of the Village with respect to cesspools.
C.
Shall have a capacity of at least twice the amount
of water which may be discharged from such pool during one normal
backwash operation and shall have a vertical sidewall at least 10
feet in height unless the depth to the sand drainage level where such
drywell is located shall be less than 10 feet, in which case the height
of the vertical sidewall shall be sufficient to reach said sand drainage
level. If and when more than one drain from such pool is connected,
the size of such drywell shall be proportionately increased. No wastewater,
other than from the pool, shall discharge into such drywell, and no
wastewater from any pool shall discharge into a septic tank, cesspool
or other sewerage disposal system. All applications and plans submitted
in connection therewith shall indicate the approval of any local water
district or other governmental agency having jurisdiction of the local
water supply.
All swimming pools shall have a recirculating
and filtering system of sufficient capacity to meet good public health
standards.
No electrical wiring for lighting or other use,
other than for lighting which is part of and enclosed in the swimming
pool structure, shall be closer than 15 feet to said pool, nor shall
current-carrying electrical conductors cross said pool either overhead
or underground. 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. No lighting which shall
be used in connection with a swimming pool shall throw rays beyond
the lot lines. A certificate of approval signed by the local Board
of Fire Underwriters shall be issued for all electrical work.
No swimming pool shall be located closer than
20 feet to any cesspool or drywell (excluding leader drywells) on
the property in which such pool is located or adjacent property.
All swimming pools presently existing or hereafter
installed and erected shall be subject to any and all ordinances,
rules and regulations now or hereinafter enacted by the Suffolk County
Department of Health or by the Health Department of the State of New
York.
No water from a public water supply shall be
introduced into a swimming pool other than by means of a permanent,
rigid system of piping, having an air-gap delivery connection of not
less than six inches in a vertical line above the flood rim of the
pool. If water is supplied from a private well or from a private connection
with any public water supply system or otherwise, connections for
introducing fresh water into a drain pipe or any structure must be
designed, installed and operated so as to prevent pool water from
being forced or siphoned into a potable water supply. All plans for
any proposed swimming pool must clearly indicate the method to be
followed in introducing fresh water, the point of introduction of
water and the method of hydraulic conditions which will protect potable
water supply from pollution.
A.
An application for a permit for a swimming pool shall
be accompanied by plans, in duplicate, prepared or approved and signed
by a registered architect or professional engineer, licensed by the
State of New York, in sufficient detail to show:
(1)
The location and size of the plot.
(2)
The location of the site in relation to adjacent properties.
(3)
The location of all buildings and structures presently
on the plot and all buildings and structures on adjacent properties
within 15 feet of the lot line.
(4)
The location of all cesspools within 50 feet of the
pool or the drywell proposed to be installed, including cesspools
and drywells of adjacent property owners.
(5)
The size of the pool, including dimensions, design
and elevation thereof, drainage, sewerage and sanitary facilities,
the safety walkway around pool, fence posts, the fence and the location
of such fence in addition to said pool and the dimensions, location
and materials from which made, including wiring and plumbing and heating
and ventilating plans and equipment of any building or structure,
temporary or permanent, enclosing said pool or part thereof.
(6)
The location of all electrical wiring and lines.
(7)
A computation showing the percentage of land usage.
B.
Such application shall also be accompanied by a certification
by a professional engineer, licensed as aforesaid, 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
highway.
No temporary enclosure of any pool shall be
permitted unless a natural screen sufficient to hide such enclosure
from abutting property is present or installed and maintained.
[Amended 10-18-1988 by L.L. No. 1-1988; 10-5-1992 by L.L. No. 1-1992]
The fee for a permit for the installation and
erection of a swimming pool and fence of permanent construction shall
be as set forth from time to time by resolution of the Board of Trustees.
[Amended 10-18-1988 by L.L. No. 1-1988; 10-5-1992 by L.L. No. 1-1992]
No swimming pool hereafter shall be occupied
or used in whole or in part for any purpose whatsoever until a certificate
of use shall be issued by the Building Inspector, certifying that
such pool conforms substantially to the requirements of any and all
applicable building zone ordinances, rules and regulations of the
Planning Board and the plans and specifications as originally approved
for such pool, for which a permit was duly issued. The fee, as set
forth from time to time by resolution of the Board of Trustees, shall
be payable to the Village of Belle Terre when the building permit
fee is paid.
In addition to the conditions specifically set
forth in this chapter, a permit, when issued, may also have endorsed
thereon any other, further and different conditions or provisos having
a reasonable relation to the operation, maintenance, construction
and use of such pool as may be stated thereon by the Building Inspector.
If the use of a swimming pool is abandoned,
such pool shall be filled in or removed and the depression thereby
left filled in and the surface of the ground shall be restored to
its original grade and approximate condition existing before construction
of the pool, and the Building Inspector of the Village shall be notified
of such abandonment and restoration so that an inspection of the site
may be made and the records of the permit be marked accordingly.
No body of water or receptacle for water installed
above ground having a depth of 18 inches or more and used or intended
to be used for bathing or swimming shall be constructed, installed,
used, erected or maintained outside a residential building within
the limits of the Incorporated Village of Belle Terre.
A wading pool having a plane surface area of
water greater than 100 square feet shall conform to the requirements
for a swimming pool as hereinbefore set forth. Any wading pool having
a plane surface of water area less than 100 square feet shall not
require a permit and shall be subject only to the following requirements:
Any swimming pool or wading pool requiring any structure above ground and any accessory buildings or structures used in connection with any such pool shall conform to the provisions of Chapter 78, Fire Prevention and Building Construction.
[Amended 10-5-1992 by L.L. No. 1-1992]
Subject to the provisions of § 140-19 regarding wading pools having a plane surface of water area less than 100 square feet, no existing swimming pool or wading pool shall be maintained, operated or used after the expiration of three months after the effective date of this chapter unless a permit for such use and the continued maintenance of such pool shall have been issued by the Building Inspector. Application for such permit shall be made to the Board of Trustees who may waive any of the above sections which cannot be reasonably complied with in the case of an already existing pool.
[Amended 10-5-1992 by L.L. No. 1-1992]
A permit granted for the construction, erection
or installation of a pool covered by the provisions of this chapter
shall lapse at the expiration of 12 months from its date of issuance,
and the renewal fee shall be 1/2 the original fee. Every such permit
for the construction, erection, installation, maintenance or use of
a pool covered by the provisions of this chapter, which permit shall
have been granted upon conditions or provisos, shall immediately lapse
in the event that such conditions or provisos shall not have been
complied with or, having been complied with, compliance therewith
is or has been discontinued.
[Added 10-5-1992 by L.L. No. 1-1992]
A.
Every hot tub shall conform to the provisions set
forth for swimming and wading pools.
B.
Hot tubs, spas and similar facilities are permitted
in required rear yards, provided that no portion of the facility is
closer than 20 feet to any side or rear lot line and it is screened
from view. No portion of the hot tub shall be located farther than
20 feet from a principal structure.
C.
Installation. No hot tub shall be installed unless a building permit shall have been issued in accordance with the provisions of Chapter 170, Zoning. In addition to the requirements for building permits as provided in this Code, every such application therefor shall include specifications for water supply, overflow, filtration and drainage systems and fencing with approved landscaping.
The Building Inspector of the Incorporated Village
of Belle Terre is herewith charged with the duty of enforcing this
chapter and it is herewith specifically provided that the Building
Inspector shall have the authority to enter upon any private premises
within the Incorporated Village of Belle Terre to determine whether
or not the provisions and requirements of this chapter have been complied
with in the construction or maintenance of any swimming pool or wading
pool.
[Amended 10-5-1992 by L.L. No. 1-1992]
The construction, erection, installation, maintenance
or use of a swimming pool or wading pool in any manner contrary to
the provisions and requirements of this chapter shall constitute a
violation thereof. The owner, lessee, tenant, architect, builder,
contractor or any party which commits, takes part in or assists in
any violation of this chapter shall, for each and every violation,
for each and every day that such violation continues, be subject to
a fine of not more than $50 per day. In addition to other remedies
provided by law, the Building Inspector or such other person as may
hereafter be designated by the Board of Trustees to enforce the provisions
of this chapter may institute any appropriate action or proceeding,
by legal process or otherwise, to prevent such unlawful construction,
erection, installation, maintenance or use, or to restrain, correct
or abate such violation or to prevent any illegal act, conduct or
use in or about such premises.
