[HISTORY: Adopted by the Board of Trustees of the Village
of Dundee 5-13-1975 by L.L. No. 1-1975 as Ch. 35 of the 1975 Village of
Dundee Municipal Code. Sections 119-3, 119-6, 119-8G, 119-11A and
119-15 amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. II. Other amendments noted where applicable.]
A.
In pursuance of the authority conferred by the Village Law in the
State of New York and in order to promote the health, safety and general
welfare of the inhabitants of the Village of Dundee, this chapter
is hereby enacted.
B.
All construction and operation referred to in this chapter must be
in accordance with federal, state and local laws and codes. All sanitary
conditions must comply with the rules of the State and County Health
Departments.
When used in this chapter, certain words and terms shall have
the following meanings:
All swimming pools having all or any section of their exterior
wall above the surrounding ground level.
All swimming pools having their entire water surface below
the level of the surrounding ground.
The installation of an above- or belowground swimming pool
which requires more than one foot of excavation for any part of the
pool and/or constructed of concrete, wood, metal or other materials
and/or encircled or partly encircled by deck or platform, any part
of which cannot be dismantled for storage.
All private or semiprivate swimming, bathing or wading pools,
ponds or tanks above or below the ground of permanent or temporary
nature, which have a depth of more than 24 inches and/or a water surface
of more than 100 square feet and which are excavated, erected, constructed
or created by damming of a stream, whether out-of-doors or inside
a structure or building.
The installation of an aboveground swimming pool which requires
less than one foot of excavation for any part of the pool, with no
platform encircling or partly encircling the pool, other than an entrance
platform four by four feet maximum size, all of which can be dismantled
and stored.
A swimming pool shall be deemed to be a structure under Chapter 138, entitled "Zoning," of this Code, and, where applicable, all work must be done in accordance with the New York State Uniform Fire Prevention and Building Code.
A.
A swimming pool may be permitted only as an accessory structure to
a principal building used for residential purposes. Said pool shall
be for the exclusive use of the occupants of the principal building
and their guests.
B.
A swimming pool may be permitted when said use is not as an accessory
structure to the principal building only upon application to the Zoning
Board of Appeals in accordance with this chapter. Pools used normally
by the public, such as clubs and similar organizations, must comply
with the New York State Department of Health regulations.
The building line of the pool shall be considered to be its
inside wall.
A.
Building permit—certificate of zoning compliance required.
Before any swimming pool is moved, placed, erected, assembled or excavated
upon a lot or created by damming a stream, a building permit—certificate
of zoning compliance shall be required.
B.
Additions and alterations. A building permit—certificate of
zoning compliance shall be required for any enlargement of an existing
pool, for a dressing shelter, a pump house, a filter house, an enclosure
for the pool or any other structure erected in conjunction with the
swimming pool. Such structures shall conform to all provisions of
the New York State Uniform Fire Prevention and Building Code and this
Code and all other rules and regulations of the village and shall
not unduly interfere with the use or enjoyment of the adjacent property.
C.
Application.
(1)
Each application for a building permit–certificate of zoning
compliance to erect, construct, dam a stream or excavate a swimming
pool or to enlarge an existing pool or to build an ancillary structure
must be accompanied by a building permit–certificate of zoning
compliance fee and by plans in sufficient detail to show the following:
(a)
A plot plan of the property on which the swimming pool is to
be constructed or placed showing the location of the swimming pool
in reference to the side lines, rear lines, grades, basement and other
structures on the property and existing electrical service lines and
electrical lines.
(b)
The pool dimensions and depths.
(c)
The location and dimensions of the fence and any structures
or appurtenances built or that are to be built in conjunction with
the swimming pool.
(d)
The estimated cost of the proposed swimming pool.
(e)
The location and type of waste disposal and drainage system
of the property.
(f)
The location and source of water supply.
(g)
The location, size and description of all proposed electrical
connections, lighting (both above and below the ground) and any pool-heating
device.
(2)
These plans, along with structural calculations and details, must
be prepared and signed by either the owner of the property or a licensed
professional engineer or a registered architect or a recognized pool
contractor, who is an accredited member of the National Swimming Pool
Institute.
The location of a permanent or temporary swimming pool shall conform to all provisions of Chapter 138, entitled "Zoning," but in any case must:
A.
Not be placed in the front yard.
B.
Be at least 15 feet from any side yard line and rear yard line.
C.
Be at least 15 feet from any house basement.
D.
Be at least 20 feet from any active well, septic tank, leach bed,
etc., unless conditions warrant a lessening or increasing of this
distance.
E.
Not endanger the health and/or safety of its user and does not unduly
interfere with the use and enjoyment of the adjacent property.
A.
Design and construction. The swimming pool shall be designed and
constructed in such a manner as not to endanger the health and/or
safety of its users or nonusers and to not unduly interfere with the
use and enjoyment of adjacent property.
B.
Filtering equipment. The swimming pool shall be required to have
adequate equipment to properly recirculate, filter, algicide and germicide
the water of the pool with provisions and instructions for maintenance
of the same.
C.
Ladder or steps. The swimming pool must be equipped with proper safeguards
for users of the pool. At least one ladder, not more than two feet
from the bottom of the pool, steps or equal must be provided at a
location to facilitate quick exit.
D.
Safety equipment.
(1)
All swimming pools must have a rescue pole made of aluminum, fiber
glass, bamboo or equal material, stored within 15 feet of the swimming
pool's interior edge. The rescue pole shall be in length at least
1/2 of the swimming pool's width, or 1/2 of the swimming pool's
diameter, depending on the type of pool.
(2)
All swimming pools must have a ring buoy with at least 25 feet of
attached rope or cord prominently stored within 10 feet of the pool's
interior edge. The type of ring buoy must meet the specifications
as set forth by the National Swimming Pool Institute or the American
Red Cross.
E.
Referral to Zoning Officer. The Zoning Officer shall pass upon the
safety and adequacy of the design, materials construction and equipment
of all swimming pools. In doing so, he may be guided by the minimum
standards for residential pools of the National Swimming Pool Institute.
F.
Height. No part of the pool structure, with the exception of deck
fencing, shall project more than 4 1/2 feet above the surrounding
existing grade, except by special permit.
A.
Water supply. There shall be no fixed or direct connection to any
nonpotable water supply.
B.
Drainage.
(1)
There shall be no drainage connection to a sanitary sewer.
(2)
It must be possible to drain all pools into a storm sewer or a natural
waterway, either by gravity, siphon or through the filter pump system.
(3)
There shall be no drainage over adjoining property without permission
or consent of the owners.
A.
In-ground swimming pools. Every in-ground swimming pool shall be
entirely encircled by a fence.
B.
Aboveground swimming pools.
(1)
Every aboveground swimming pool having all or any section of its
exterior wall fewer than four feet, measured in a vertical line from
the top of the exterior wall to the ground level, shall be entirely
encircled by a fence.
(2)
Every aboveground swimming pool having an exterior wall four or more
feet above the ground, using an entrance device other than a simple
ladder for entrance and exit to the pool or its surrounding deck or
platform, shall have a fence encircling the entrance device at least
five feet from the point where such permanent ladder or entrance device
touches the ground or would touch the ground if extended downward.
C.
Height. The fence shall be at least four feet in height and not more
than six feet in height. The fence shall be of rigid construction
and not easily climbed or crawled under. The fence shall have a gate
capable of being locked and shall be locked when unattended.
D.
Distance from wall. The fence for an in-ground swimming pool and
aboveground swimming pool having an exterior wall of less than four
feet in height shall not be less than five feet from the inside wall
of the pool and must completely surround the swimming pool.
E.
Use of exterior walls of structures. Portions of exterior walls of
the structures on the property or lot line fences may be used for
these fencing requirements.
F.
Deck fence. An aboveground swimming pool with a deck must have a
fence of at least three feet but not to exceed four feet in height
on the outside edge of the deck.
G.
Ladder. The use of a simple ladder as an entrance device is permitted
for an aboveground swimming pool, but it must be removed and stored
when the swimming pool is unattended.
A.
Conformance with New York State Uniform Fire Prevention and Building
Code. All lighting and electrical work shall conform to the New York
State Uniform Fire Prevention and Building Code and shall be inspected
and approved by the New York State Board of Fire Underwriters. Also,
all underground wiring and lighting shall be of low voltage.[1]
B.
Disturbance of adjoining owners prohibited. No lighting shall be
installed in such a manner that it may be an annoyance to the owners
of adjacent property. Under normal circumstances, floodlighting or
the illumination of adjacent property, among other things, will be
sufficient to constitute an annoyance.
C.
Safety restrictions. No pool shall be erected within 10 feet of existing
electrical service lines, nor shall electrical lines be strung over
the water surface nor within four feet of the outer edge of the pool.
Every swimming pool presently constructed or installed, or hereafter
constructed or installed, shall be maintained at all times in such
manner as never to constitute a public nuisance, a hazard or a menace
to health or safety. Any such hazard which may exist or develop in,
or in consequence of, or in connection with any such swimming pool
shall be forthwith abated and/or removed by the person in possession,
owning or having jurisdiction over such pool, upon receipt of notice from the village.
Use of a swimming pool shall be in a reasonable manner and at
reasonable times so as not to cause undue discomfort and/or annoyance
to adjacent residents.
