[Added 10-1-2009 by L.L. No. 11-2009]
This article shall be known and may be cited as the "Swimming
Pool Law of the Incorporated Village of Westbury."
For the purposes of this article, the terms used herein are
defined as follows:
The New York State Uniform Fire Prevention and Building Code
[9 NYCRR Subtitle S, Chapter I, as amended from time to time (NYS
Building Code)], duly adopted by the Incorporated Village of Westbury.
The Senior Building Inspector or Superintendent of Buildings
of the Incorporated Village of Westbury.
A permit issued by the Building Inspector, in the manner
prescribed by this chapter, for the construction, installation, erection,
alteration, modification or demolition of or change in any swimming
pool in the Village.
See definition found in § 248-2.
It shall be unlawful to construct, erect, install, modify, alter, demolish or change any below-ground swimming pool or any aboveground swimming pool or to permit any of such acts without first obtaining a building permit in the manner prescribed by Chapter 248, Zoning, Chapter 79, Building Construction, and this article.
The fee for and duration of a building permit, required for the construction, erection, installation, modification, alteration, demolition or change of any below-ground swimming pool or any aboveground swimming pool in the Village of Westbury, shall be as set forth in § 79-19 by the Village Board of Trustees from time to time by resolution. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Building Inspector. The form for such application shall be as prescribed by the Building Inspector.
In addition to the requirements for the issuance of a building
permit set forth from time to time by resolution, no building permit
for a below-ground swimming pool or an aboveground swimming pool shall
be issued by the Building Inspector unless and until:
A.
For either a below-ground swimming pool or an aboveground swimming
pool containing in excess of 6,000 gallons, there have been submitted
to the Building Inspector detailed plans and drawings for the swimming
pool to be covered by said permit, duly certified by a licensed professional
engineer that the swimming pool to be constructed, erected, installed,
modified, altered, demolished or changed pursuant to said plans and
drawings contains or is to contain adequate facilities for the maintenance
of the water to be contained therein in a safe and sanitary condition
and that the overflow and drainage systems to be provided are adequate
to dispose of such water without interfering with adjoining properties,
any public water supply system, existing sanitary facilities and the
streets, roads and highways of the Village.
B.
For an aboveground swimming pool containing 6,000 gallons or less,
there have been submitted to the Building Inspector detailed plans
and drawings for the swimming pool to be covered by said permit that
the swimming pool to be constructed, erected, installed, modified,
altered, demolished or changed pursuant to said plans and drawings
contains or is to contain adequate facilities for the maintenance
of the water to be contained therein in a safe and sanitary condition
and that the overflow and drainage systems to be provided are adequate
to dispose of such water without interfering with adjoining properties,
any public water supply system, existing sanitary facilities and the
streets, roads and highways of the Village.
A.
All swimming pools shall be located in the rear yard of any premises
and shall be set back at least five feet from the nearest property
line, except that in Residence AA Districts every swimming pool shall
be set back at least 15 feet from the nearest line.
B.
A swimming pool located on a corner lot shall be permitted to be
located in a rear yard of any premises and shall be set back at least
10 feet from the nearest property line which abuts a street and at
least five feet from the nearest property line which does not abut
a street.
C.
No swimming pool shall occupy more than 10% of the total lot area
of the premises upon which the swimming pool shall be located.
All lights used to illuminate a swimming pool or swimming pool
area shall be shielded so as to prevent their shining upon the property
of any adjacent property owner.
A.
Should an owner abandon a below-ground pool, he shall, after filing
a demolition permit, fill the depression and return the surface of
the ground to its original grade and to approximately the same condition
as before the pool was constructed. He shall thereupon notify the
Building Inspector so that an inspection of the site may be made and
the permit records marked accordingly.
B.
Should an owner abandon an aboveground pool and all other swimming pools not included in Subsection A above, he shall drain and dismantle it and ensure its proper storage or disposal so as not to become a blight on the neighborhood. He shall thereupon notify the Building Inspector so that an inspection of the site may be made and the permit records marked accordingly.
In addition to the penalties provided for violation of any of
the chapters of this Code, the Building Inspector is hereby empowered
to drain any swimming pool and compel the removal of any pool that
fails to meet the requirements of this chapter and the New York State
Building Code as to construction, maintenance, fencing, water disposal,
lighting, noise control and appurtenances. The cost of such drainage
or removal shall be assessed against the real property on which the
pool is located. The costs so assessed shall constitute a lien and
charge upon such real property until paid or otherwise satisfied or
discharged and shall be collected in the same manner and at the same
time as other charges, taxes and assessments of the Village of Westbury.
This statute shall not supersede the New York State Uniform Fire Prevention
and Building Code, which Code shall be applicable in the case of any
swimming pool installation.
