Township of Spring Garden, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden 7-12-2000 by Ord. No. 00-03 (Ch. 23 of the 1994 Code). Amendments noted where applicable.]
Building permits — See Ch. 120, Art. I.
Zoning — See Ch. 310.
Swimming and bathing pools shall conform to the requirements of this chapter, provided that these regulations shall not be applicable to any such pool less than 24 inches deep. For purposes of this Code, pools are classified as private swimming pools or public swimming pools, as defined in § 279-2 of this chapter.
The following words and terms shall, for the purposes of this chapter and as used elsewhere in the Code, have the meanings shown herein:
See definition of "private swimming pool."
A fence, a wall, a building wall, the wall of an aboveground swimming pool, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
See definition of "private swimming pool."
See definition of "private swimming pool."
Any structure that contains over 24 inches in depth and which is used or intended to be used for swimming or recreational bathing in connection with a residential occupancy use and which is available only to the family and guests of the householder. This includes in-ground, aboveground and on-ground swimming pools, hot tubs and spas.
Any private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.
Any private swimming pool that is not an indoor pool.
Any swimming pool other than a private swimming pool.
See definition of "private swimming pool."
A swimming pool or appurtenances thereto shall not be constructed, installed, enlarged or altered until construction documents have been submitted and a permit has been obtained from the Township Permit Officer. For public swimming pools, the approval of all county and state authorities having jurisdiction over swimming pools shall be obtained before applying to the Township Permit Officer for a permit. The requirements for public swimming pool approvals shall be no less stringent than the requirements of this chapter. Certified copies of these approvals shall be filed as part of the supporting data for the permit application.
Construction documents. Construction documents shall accurately show dimensions and construction of the pool, fence and appurtenances and properly established distances to lot lines, buildings, walks and fences.
Construction of said pool, fence and appurtenances must be completed within 90 days from the issuance of the permit.
Location of private swimming pools shall be in accord with the requirements of the Spring Garden Township Zoning Ordinance (Chapter 310).
All outdoor swimming pools, spas and hot tubs shall be enclosed in accordance with the following requirements. Location of said enclosures shall also comply with the requirements in the Spring Garden Township Zoning Ordinance (Chapter 310).
The pool must be completely surrounded by a fence or wall not less than four feet in height. The top of the fence shall be at least 48 inches above finished ground level measured on the side of the fence which faces away from the swimming pool. Said fence or wall shall be so constructed as to have openings, holes or gaps not larger than four inches in any dimension, and if a picket fence is erected or maintained, the horizontal or vertical dimension of space between pickets shall not exceed four inches. Should the wall of the pool be above ground and a fence be attached to the top of the pool wall, the height of the required fence may be reduced so that the total height of the wall of the pool and the attached fence shall not be less than four feet. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use. In addition, all access ladders must be detached and removed or be elevated above the ground so as to prohibit access when not in use.
An approved temporary construction fence shall be erected around the excavation site during the construction of an in-ground pool and shall remain in place until the permanent fence is installed.
Except for construction purposes, water shall not be placed into a swimming pool or the pool used for swimming or recreational bathing until a certificate of use and occupancy has been issued.
Spas or hot tubs with a safe cover which complies with ASTM F 1346, as listed in Section AG107, shall be exempt from the provisions and requirements contained in this section.
[Added 1-11-2012 by Ord. No. 2012-02]
It shall be the duty of the Building Permit Officer to forthwith revoke any building permit issued hereunder if it shall be determined that the same shall have been improperly or wrongfully issued by reason of any false statement in the application or by reason of any mistake of fact or law or that the work therein authorized would constitute the violation of any statute or ordinance. Such revocation shall become effective upon the mailing by the Building Permit Officer to the applicant at his address shown in the application thereof. Upon such revocation, all work authorized by said permit shall immediately cease and shall not be resumed unless and until a permit therefor has been properly issued.
Within 90 days from or after the date of completion of the work authorized by the permit, the applicant shall file with the Building Permit Officer, on a form provided for that purpose, a report certifying the completion of the work and setting forth the actual cost thereof and shall pay the Building Permit Officer any additional fee provided for herein.
The provisions of these regulations are intended as a minimum standard for the protection of the public health, safety and welfare. If the literal compliance with any mandatory provisions of these regulations is shown by the applicant, to the satisfaction of the Township, to be unreasonable or to cause undue hardship as it applies to a particular property, or if the applicant shows that an alternative proposal will allow for equal or better results, the Township may grant a waiver from such mandatory provision. However, the granting of a waiver shall not have the effect of making null and void the intent and purpose of this chapter. In granting waivers, the Township may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
Upon the violation of any of the terms of this chapter or of any rule or regulation made hereunder, the Township Board of Commissioners may, in addition to any other remedies, institute in the name of the Township any appropriate action or proceeding at law or in equity to prevent, restrain, correct or abate any such violations.
The Board of Commissioners may, by resolution, adopt regulations for the further implementation of this chapter for the benefit of the health, safety and welfare of the citizens of Spring Garden Township and shall have jurisdiction to grant such waivers as it may, from time to time, deem appropriate.
If it is determined by the Township that a violation of this chapter has occurred, the Township shall notify the property owner of record and/or person residing in the property or partnership, corporation or association leasing the premises of such violation and give them 60 days to correct or abate said violation. Notice shall be by ordinary mail and certified mail, return receipt requested. If no return receipt is returned within 10 days, a copy of the letter shall be personally served upon the addressee(s). If the violation is not abated within the time set forth, the Township may initiate enforcement proceedings and file an appropriate criminal summary action before the local Magisterial District Judge or such civil action in law or equity as deemed necessary to enforce the provisions of this chapter.
Any person, firm or corporation which shall violate any provision of this chapter or any regulations adopted hereunder shall, upon summary conviction thereof, be sentenced to pay a fine of not more than $1,000 and, in default of payment thereof, to imprisonment for not more than 30 days.