Township of West Donegal, PA
Lancaster County
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[HISTORY: Adopted by the Board of Supervisors of the Township of West Donegal 10-15-1984 by Ord. No. 46-1984; amended in its entirety 10-15-1984 by Ord. No. 47-1984 as Ch. 23, Part 1, of the 1984 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 72.
Zoning — See Ch. 240.
A. 
A private swimming pool may be located only in the rear yard or side yard of the property on which it is an accessory use.
B. 
A private swimming pool, including any walks, paved areas, deck, pad or apron surrounding the pool or any accessory structures adjacent thereto, shall be set back at least 10 feet from any property line.
[Amended 9-8-2003 by Ord. No. 146-2003]
C. 
A private swimming pool shall only be located in zoning districts where such pools are permitted pursuant to the provisions of Chapter 240, Zoning, of the Code of the Township of West Donegal Township.
[Amended 9-8-2003 by Ord. No. 146-2003]
The swimming pool area shall be completely surrounded by a fence or wall that is not less than four feet in height with no gap or space in the fence or wall greater than four inches square. All passages through said fence or wall shall be constructed, maintained and provided with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents. The fence or wall and the gate shall be not less than four feet in height with no gap or space in the fence or wall greater than four inches square and shall be permanently maintained in good condition. Provided, however, if said pool is located more than four feet above ground level, then a fence is not required if all points of access to said pool are adequately protected by a self-closing, self-locking gate.
No private swimming pool shall be erected or constructed in the Township except in accordance with a permit therefor previously obtained from the Township upon written application accompanied by a plan showing the size, shape and location of the swimming pool and its enclosure.
[Amended 9-8-2003 by Ord. No. 146-2003]
The owner of the lot upon which a private swimming pool is located and the occupants and users of any private swimming pool shall comply with all of the following requirements:
A. 
The private swimming pool shall be used solely for the enjoyment of the occupants of the principal use of the lot.
B. 
No water from a private swimming pool shall be discharged onto any public street, alley or adjoining property.
C. 
Any private swimming pool which has more than two feet depth shall have an operable filtration system using chlorine, bromine or other antibacterial agent.
D. 
No water may be placed in any private swimming pool before the fencing required in § 204-2 is in place.
Any person who owns or maintains a private swimming pool which is in existence on the effective date of this chapter shall comply with the provisions of § 204-2 of this chapter within six months after the date of enactment hereof.
[Amended 9-8-2003 by Ord. No. 146-2003]
PRIVATE SWIMMING POOL
Any reasonably permanent pool or open tank not located within a completely enclosed building, whether or not affixed to the land, and containing or normally capable of containing, water to a depth at any point greater than two feet. Structures commonly known as "hot tubs" and "spas" shall be considered private swimming pools. Farm ponds, lakes, and man-made impoundments shall not be considered private swimming pools unless the primary use of or purpose for the construction of such impoundment is swimming.
[Amended 9-8-2003 by Ord. No. 146-2003]
Any person who violates or permits the violation of any provision of this chapter shall be liable, upon summary conviction therefor, to fines and penalties of not less than $100 nor more than $1,000 plus all costs of prosecution, which fines and penalties may be collected as provided by law. All fines and penalties collected for violation of this chapter shall be paid over to the Township Treasurer. Each day that a violation continues and each section of this chapter which is violated constitutes a separate violation.