[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 11-15-2005 by L.L. No. 14-2005 (Ch. 149 of the 2005 Code). Amendments noted where applicable.]
A.
No swimming pool shall be constructed, erected or maintained in connection with any private residence unless in conformity with this article, Chapter 225, Zoning, and the general laws of the Village of Plandome Manor.
B.
A swimming pool may be installed and maintained as
an accessory structure to a one-family dwelling or on a contiguous
lot under the same ownership.
C.
A swimming pool may be installed and maintained in
the primary residence.
As used in this article, the following terms
shall have the meanings indicated:
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep. This include in-ground swimming
pools, hot tubs and spas.
A.
No pool shall be constructed except of materials having adequate strength to retain the water contained therein. No permit will be issued for the installation of any swimming pool unless the plans therefor meet the minimum construction requirements of the Building Code and unless the requirements of § 196-8 of this article are fully complied with. No pool shall be closer than 10 feet to the main building.
B.
Every swimming pool shall be equipped with a chlorinating
or other device for the purification of the water contained therein.
A.
The area of the swimming pool and its appurtenances shall not occupy more than 25% of the unoccupied area of the rear yard and shall fully comply with all rear and side yard setback requirements of Chapter 225, Zoning.
B.
No swimming pool shall be erected in the front or
required side yard or within 20 feet of a property line.
C.
No swimming pool equipment shall be installed in the
front or required side yard or within 25 feet of a property line.
For the purpose of computing the building area
of swimming pools, the required yards and the distance from the lines
of the lot, the walk or platform along the sides of the swimming pool,
the base for the springboard or diving platform and the foundation
for the necessary purifying apparatus shall be included.
Each pool shall be provided with permanently
installed facilities for the complete drainage thereof. Such facilities
shall include provisions, approved by the Building Inspector, for
disposing of the entire contents of the pool by means of diffusion
wells or otherwise beneath the surface of the ground so that at least
25% of the contents shall drain within 24 consecutive hours. Such
facilities shall be entirely separate from the house drains and house
sewer facility and shall not be located any closer than 20 feet to
the nearest cesspool, whether on the property of the owner of said
pool or on the adjoining property, nor closer than 10 feet to the
property line. In no case may the contents of the pool be permitted
to discharge, directly or indirectly, into a street or public drain
or catch basin or in, upon or under the land of another person without
his written consent, or in such a way as to adversely affect the functioning
of the house drains or house sewer facility of another property.
Aboveground pools shall not be permitted in
the Village of Plandome Manor.
Such application shall, in addition to all other
requirements, show:
A.
The location and size of the plot.
B.
The location of the pool in relation to adjacent properties.
C.
The location of all cesspools within 50 feet of the
pool or pool dry wells or diffusion wells or other proposed pool drainage
facilities.
D.
The dimensions, design and elevation of the pool,
drainage, sewerage, sanitary facilities, safeway walk around the pool
and fences, and the location thereof around the pool.
E.
The location of all electric wiring and lines.
F.
A computation of the percentage of land usage.
G.
A breakdown of estimated cost used in the application.
H.
The structural plans approved and signed by a registered
architect.
I.
A certificate of a professional engineer licensed
by the State of New York that the drainage of said pool is adequate
and will not interfere with the public water supply system, with existing
sanitary facilities, with the public highways and with the adjoining
or surrounding properties of others.
A.
A building permit shall be issued in accordance with the provisions of Chapter 88 of the Code of the Village of Plandome Manor before any construction, alteration, modification or renovation of such swimming pool shall commence, and upon completion of such construction, alteration, modification or renovation, an application shall be made for a certificate of approval in compliance with the provisions of Chapter 88 of the Code of the Village of Plandome Manor.
B.
The applicant shall conform to all the provisions of Chapter A228, Fees, Charges and Deposits, of the Code of the Village of Plandome Manor and shall pay the fees set forth therein when applying for a building permit or certificate of approval in connection with the construction, alteration, modification or renovation of a swimming pool.
C.
No swimming pool shall be used until a certificate of approval for its use has been issued, all in conformity with the provisions of this article and other applicable provisions of the Residential Code of New York State; Building Code of New York State; New York State Fire Code; National Electrical Code; Chapter 88, Construction Codes, Uniform; Chapter 225, Zoning Code of the Village of Plandome Manor and any other applicable law.
All swimming pools must be properly maintained.
If the use of the swimming pool is discontinued, or if the swimming
pool should at any time be in an unsanitary or unsafe condition, the
owner will, on demand of the Village, fill in the pool, excavate to
grade and will not be permitted to restore the pool except upon a
new application for a building permit.
The Building Inspector is herewith charged with
the duty of enforcing the provisions of this article, and it is specifically
provided that the Building Inspector shall have the authority to enter
upon any private premises in the Village of Plandome Manor 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 such swimming pool.
Every swimming pool in the Village of Plandome Manor now in existence or hereafter to be constructed in accordance with the provisions of Appendix G, § AG 105, Barrier Requirements, Residential Code of New York State; Chapter 225, Zoning; or Chapter 88, Construction Codes, Uniform, now in effect or as may hereinafter be amended, shall be enclosed by an adequate fence/barrier erected to prevent accidental entry, unauthorized use of the pool and, particularly, entry by a child or children. Such fence/barrier may be erected so as to completely enclose the pool itself or the particular yard area in which the pool is situated or the entire property back of the building line.
Such fence/barrier shall be of a permanent closed
type, except for ventilation openings, adequately supported and shall
be four feet in height, as determined by the Building Inspector, as
hereinafter provided. In such fence/barrier there shall not be more
than two openings for ingress and egress. Said openings shall have
self-closing gates or doors with adequate locks which can be opened
from the outside of the pool enclosure only by means of a key or combination.
The gate, door and lock shall at all times be maintained in proper
working order to ensure that such gate or door shall be kept closed
and locked at all times when the pool is not in use, whether it contains
water or is empty. Pool fences/barriers shall also comply to Appendix
G, § AG 105, Barrier Requirements, of the Residential Code
of New York State.
The height and type of fence/barrier shall be
approved by the Building Inspector, who shall, in evaluating a request
for approval, give due consideration to the adequacy and durability
of the proposed fence/barrier to ensure the safety and welfare of
the general public and particularly of children and with a view to
preserving the character of the neighborhood and conserving the value
of the land and buildings therein. In the event of any question as
to the adequacy of such fence/barrier, an appeal may be made to the
Board of Zoning Appeals from any such ruling of the Building Inspector.
All lighting shall shine into or upon said pool
and cast no light or reflection onto abutting properties.
