[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 1-9-1989 by L.L. No. 1-1989.
Amendments noted where applicable.]
[Amended 7-1-2002 by L.L. No. 2-2002]
No swimming pool shall be constructed or erected
in any part of the Incorporated Village of Roslyn Estates 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 Department of the Incorporated Village
of Roslyn Estates in accordance herewith.
As used in this chapter, the following terms
shall have the meanings indicated:
Any outdoor structure, tank or excavation intended for or
used for the purpose of bathing, wading or swimming by any person
in the Village of Roslyn Estates and located on a lot in said Village
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 100 square feet of water surface and having a maximum
water depth of 24 inches or less.
A.
No pool shall be constructed closer than 10 feet to any cesspool or dry well (excluding roof leader dry wells) on the property on which such pool is located or in violation of the provisions of § 200-26 of the Code of the Village of Roslyn Estates.
[Amended 3-31-2004 by L.L. No. 4-2004]
B.
[1]Every swimming pool shall have in use a recirculating filtering
and purification system adequate for its size.
[1]
Editor's Note: Former Subsection B, which provided that no swimming pool could be installed between the front building line and the front line of any property unless it could be shown that it would be impractical to locate the pool in any other location, was repealed 8-12-2013 by L.L. No. 4-2013. This local law also provided for the redesignation of former Subsections C and D as Subsections B and C, respectively.
C.
No electric lights shall be closer than 15 feet to
said pool unless they be permanent installations in character with
properly approved connection boxes; nor shall current-carrying electrical
conductors cross said pool either overhead or underground. All metal
enclosures, fences or railings near or adjacent to the pool which
might become electrically alive as a result of contact with any broken
conductors or from any other cause shall be effectively grounded.
A.
Every swimming pool shall be equipped with a drain
or other device by which the swimming pool may be entirely emptied.
B.
Water drained from said pool shall be completely drained
on the lot whereon such pool is located. Where a separate dry well
is used for such purpose, it:
C.
In no case may the contents of the pool be permitted
to be discharged into a street, public drain, sewer or other sewage
disposal system, catch basin or in or upon the land of another person.
D.
No wastewater, other than from the pool, shall discharge
into the means of disposition provided for pool drainage.
Notwithstanding any contrary provision contained in Chapter 200, Zoning, of the Incorporated Village of Roslyn Estates, every swimming pool heretofore or hereafter constructed or maintained shall be enclosed in compliance with the rules and regulations promulgated under the State Uniform Fire Prevention and Building Code, 9 NYCRR Executive (B).
A.
An application for a permit for a swimming pool to
be constructed after the effective date of this chapter shall be accompanied
by plans, in triplicate, in sufficient detail to show:
(1)
Location and size of the plot.
(2)
Location of the pool in relation to adjacent lot lines
and buildings on the plot.
[Amended 7-1-2002 by L.L. No. 2-2002]
(3)
Location of all cesspools within 10 feet of the pool
and any dry well proposed to be installed or used in connection therewith.
(4)
Size and area of the pool, including dimensions, design
and elevation thereof; drainage; sanitary facilities; and type and
location of fence.
(5)
Location of electrical wiring and lines within 15
feet of the pool. Any and all structural plans shall be prepared or
approved by a registered architect or by a professional engineer licensed
by the State of New York who shall certify 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 roads.
B.
Fees. The fee for a permit for the construction, erection
or installation of a permanent swimming pool shall be as established
from time to time by resolution of the Board of Trustees.
[Amended 11-1-1999 by L.L. No. 2-1999; 6-1-2009 by L.L. No.
1-2009]
C.
Abandonment. Should the owner permanently abandon
the swimming pool, he shall fill in or remove the excavation or depression
and restore the surface of the ground to a safe condition. He shall
notify the Village Clerk of such abandonment and restoration so that
the site may be inspected and the records of the permit marked accordingly.
No existing pool of permanent construction shall be operated, used or maintained after the expiration of two months after the effective date of this chapter without a new permit. Such permit shall be issued if the applicant has complied with the requirements of § 171-5, Enclosures.
A.
A pool of plastic construction, if 24 or more inches deep, shall be enclosed by a fence in accordance with § 171-5 hereof.
B.
Water drained from said pool shall be completely drained
on the lot whereon said plastic pool is located and no wastewater
shall be permitted to be discharged into a street, public drain, sewer,
septic tank, cesspool or other sewage disposal system or in or upon
the land of another person.
C.
No plastic pool shall be placed closer than 10 feet
to any lot line.
D.
Application. An application for pools of plastic construction
(excluding wading pools) shall be accompanied by a drawing in sufficient
detail to show:
E.
Fees. The fee for a permit for the use of a plastic
pool shall be as established from time to time by resolution of the
Board of Trustees.
[Amended 11-1-1999 by L.L. No. 2-1999; 6-1-2009 by L.L. No.
1-2009]
F.
Existing pools. No existing pool of plastic construction shall be operated, used or maintained after the expiration of two months after the effective date of this chapter without a permit. Such permit shall be issued (without charge) if the applicant has complied with the requirements of Subsection A of this section.
[Amended 11-1-1999 by L.L. No. 2-1999; 12-9-2013 by L.L. No.
7-2013]
A.
The construction, erection, installation, maintenance or use of a
swimming pool, including existing pools, in any manner contrary to
any provision of this chapter shall constitute a violation of this
chapter. Each and every violation of, or failure to comply with, any
provision of this chapter shall constitute a violation, punishable
upon conviction by a fine of not more than $1,000 or imprisonment
for a period not to exceed 15 days, or both such fine and imprisonment.
Each day on which any such violation or failure occurs or continues
shall constitute a separate violation.
B.
Upon the second or any subsequent conviction of any person or entity
for a violation of this chapter, the Board of Trustees may revoke
or cancel any permit previously issued and then in effect with respect
to the parcel of real property upon which such second or subsequent
violation has occurred.
