[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.]
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]
[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.
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]
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.
