Private swimming club as conditional use. A building or structure may be built, altered or used and a plot or parcel of land may be used for a swimming pool and accessory purposes by an association or membership corporation, all directors, officers and members of which shall be resident owners of real property within the Village, which use is not conducted for profit or gain, provided that the Board of Trustees of the Village shall determine that the public health, morals, safety, comfort and general welfare of the neighborhood will be secure and that such use will not be detrimental to the general character of the neighborhood or to the orderly development of the Village, and provided that the Board of Trustees shall authorize the issuance of a special permit for such conditional use. Such a permit shall be issued only to such a membership association or membership corporation which owns the land which is the subject matter of the application; however, the Board of Trustees, in its discretion, may grant such a permit to a membership association or membership corporation which is a contract vendee in a contract, absolute in its terms, with the sole exception that it is conditioned upon the granting of such use permit. No permit shall be issued for any such use nor shall any such use of said land be permitted or carried on until proof is submitted that the portion of the land whereon the pool structure is to be erected is free of mortgage and any other encumbrances and until the location and size of the plot, site plans and detailed building plans of such pool and any accessory buildings, showing dimensions, design, elevations, location and use of all structures, drainage, sewerage and sanitary facilities, parking areas, entrances, driveways, walks, screening, planting and such other information, including the manner of operation, use and maintenance of such swimming pool, as may be required by the Board of Trustees, has been submitted to and approved by said Board. All necessary permits and certificates of compliance with the requirements of any and all governmental authorities and agencies, including, but not limited to, the New York State Department of Health, New York State Department of Labor and Nassau County Department of Health shall also be submitted to the Board of Trustees. Such permit may prescribe reasonable rules and regulations for the operation, maintenance and use of such swimming pool and any accessory structures. Any violations of this section or of any rule or regulation prescribed by the Board of Trustees in the permit or otherwise shall be subject to the remedies and penalties prescribed in Article
XIII, §
271-137, of this chapter, and in addition thereto, any permit issued hereunder may be revoked and canceled forthwith in the event of any such violation. Such permit, when granted, shall not be assignable by the person, association or membership corporation to which the permit has been granted. The permit shall further stipulate that the regular use of the swimming pool and facilities appurtenant thereto shall be limited to members of said club, their families and guests. In the event that a permittee hereunder shall fail to complete the necessary structures or the use and operations permitted and provided under such permit or shall fail to operate said swimming club or in the event that said permittee shall terminate its operation for any reason whatsoever, then, and in that event, any permit granted hereunder shall cease and determine, and the subject land shall ipso facto be available for only those uses permitted by this article of this chapter, and contemporaneously the title of said land and all of the structures, appurtenances erected thereon and/or used in connection therewith, including all property, real, personal and mixed, shall revert to the Village of East Hills at a date of not less than 30 days subsequent to the date said permittee shall discontinue its building operation or terminate its operation and use, as the case may be, and the Board of Trustees of the Village of East Hills, acting for and on behalf and in the interest of all of the residents and taxpayers of the said Village, shall sell subject land and any and all structures, appurtenances, fixtures or other property used in connection with said operation and shall use any and all sums realized thereby for clearing of said land and restoring the same to availability for residence use. Any balance remaining shall be divided among members of said permittee active and in good standing as of the date of reverter.