Village of East Hills, NY Article XV Private Swimming and Wading Pools

§ 271-139 When permitted.

A. A plot or parcel of land may be used and a permanent structure may be built and used upon said plot or parcel of land for a swimming pool as a special exception only when permitted by the Board of Appeals after a public hearing held upon such notice as hereinafter provided.

B. A plot or parcel of land may be used for a plastic swimming or bathing pool subject only to the obtaining of a permit as hereinafter provided.

C. A plot or parcel of land may be used for a wading pool consistent with public health, safety and general welfare of the community.

§ 271-140 Definitions.

As used in this article, the following terms shall have the meanings indicated:

SWIMMING POOL, PERMANENT CONSTRUCTION

Any body of water or receptacle for water having a depth at any point greater than four feet or which, regardless of depth of water, is, in whole or in part, so constructed, installed or maintained so as not to be easily and readily movable or portable or the materials of which have a gross weight in excess of 400 pounds, exclusive of water housed therein, used or intended to be used for bathing or swimming and constructed, installed and maintained in, upon or partly in and partly upon the ground outside a residential building on private property within the limits of the Incorporated Village of East Hills.

SWIMMING POOL, PLASTIC

Any body of water or receptacle for water having a depth of four feet or less and which is easily and readily movable or portable and which is not of permanent construction, as defined above, used or intended to be used for bathing and swimming and installed and maintained entirely above the ground outside a residential building on private property within the limits of the Incorporated Village of East Hills.

WADING POOL

Any body or receptacle for water having a depth of less than two feet, which is neither a permanent pool, as defined in this section, or a plastic pool, as defined in this section, used or intended to be used for wading, and installed and maintained entirely above the ground outside a residential building on private property within the limits of the Incorporated Village of East Hills.

§ 271-141 Required findings for issuance of permission.

The Board of Appeals, in considering an application for a swimming pool of permanent construction, shall not grant the issuance of a permit under this provision unless it finds in each case that the proposed use of the plot or parcel of land and the structure to be erected, altered, used or maintained thereon will:

A. Not adversely affect the public health, safety and general welfare.

B. Be used for the use of the applicant, his or her family and guests.

C. Not depreciate the value of the property in the area immediately adjoining the land being so used.

D. Not alter the essential character of the neighborhood.

§ 271-142 Conditions applicable to all swimming pools except wading pools.

In order to safeguard the general safety of the community, particularly the children thereof, and to ensure the public health of the community generally, the following specific conditions are hereby imposed on all swimming pools of permanent and plastic construction:

A. Any electric wiring for lighting or otherwise, other than for lighting which is part of and enclosed in said pool structure, shall not be closer than 15 feet in height when measured vertically from a point no less than 15 feet outward from the inside edge of the pool.

B. Said pool, whether of permanent or plastic construction, shall be located not closer than 20 feet to any cesspool or dry well, excluding roof-leader dry wells, on own or adjacent property.

C. All installations of pools, as herein defined, shall be subject to any and all ordinances, rules and regulations now or hereinafter enacted by the Nassau County Department of Health or by the Health Department of the State of New York. Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

D. Any water from a public water supply shall be introduced into a swimming pool of permanent or plastic construction by means of a permanent rigid system of piping, having an air-gap-delivery connection of not less than six inches vertically above the flood rim of the pool and shall in every manner conform to Regulation 6 of Chapter VI of the New York State Sanitary Code.

E. No swimming pool, whether of permanent or plastic construction, shall have a water capacity in excess of 7,500 gallons without a recirculating and filtering system of sufficient capacity to meet good public health and engineering practice.

F. No swimming pool of permanent or plastic construction shall be installed and/or used in a front or side yard of any residential premises.

G. Loudspeaker devices shall be prohibited, nor shall any lighting be installed in connection therewith which shall throw any rays beyond such property lines.

H. Such pool cannot occupy more than 25% of the area of the rear yard.

I. A permit, when issued, may also have endorsed thereon any such reasonable rules and regulations for the operation, maintenance and use of such pool as may be promulgated by the Board of Trustees.

J. At the time when an application is made to the Board of Appeals for a special exception permit to construct a swimming pool, the applicant shall provide to said Board a survey of said property prepared by a licensed land surveyor or professional engineer showing the location of said pool as it has been or shall be marked or staked out. Said survey shall include dimensions of said pool and distances from all property lines and structures then located on said plot or parcel of land. The applicant shall further state on said application that the pool as located on said survey does not require any. change to be made due to the existence of any natural or man-made objects, including but not limited to trees, or the existence of any exceptional topographical conditions that would require the location of the proposed pool to be moved or otherwise relocated.

§ 271-143 Provisions applicable to swimming pools of permanent construction.

A. A plot or parcel of land may be used for and there may be built upon said plot or parcel of land a swimming pool of permanent construction, as a special exception, only when permitted by the Board of Appeals after a public hearing and subject to all of the following (see § 271-139):

(1) A fence, five feet in height, unless a different height shall be directed by the Board of Appeals, and of the chain link type shall be erected completely enclosing the pool. There shall be one opening through said fence, and this shall be by a gate or door of the same material as the fence equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate closed at all times and locked when the owner or occupant of the premises is not present at such swimming pool. No adornment or screening of any kind or nature shall be permitted on said fence.

(2) No part of any pool shall be located within 20 feet of any property line.

(3) The fence referred to in Subsection A(1) above shall be erected at least five feet from the edge of the pool. Said fence shall be at least 15 feet from any property line unless the Board of Appeals shall otherwise direct. The residence on the property shall be permitted to be one side of such fence. The term "edge of the pool" or "pool," as used in this section, shall mean the outside of the vertical walls of said pool or the outside edge of any coping around the walls of the pool.

(4) A walkway of at least four feet in width shall be built on all sides of the pool.

(5) All lighting accessory to said pool shall be located at a distance of at least two feet therefrom and shall conform to the Outdoor Lighting Ordinance[1] of the Village, except that underwater lighting may be part of the pool structure where so designated on the plans submitted to the Board of Appeals.

[1] Editor's Note: See Ch. 117, Lighting.

(6) Water drained from said pool shall be completely drained on the property where said pool is located and into a separate dry well, which shall not be located any closer than 20 feet to the nearest cesspool, whether on the property of the owner of said pool or on the adjoining property.

(7) Any dry well used for the disposal of wastewater from said pool shall be constructed in a manner prescribed by ordinance of the Village and the Building Code[2] of the Village with respect to cesspools and shall have a capacity of at least twice the amount of water discharged during normal backwash operation but shall in no case have less than a ten-foot vertical side wall and an eight-foot diameter. When other drains are connected, the size of such dry well shall be proportionately increased to the satisfaction of the Building Inspector. No wastewater, other than from the pool, shall discharge into such dry well, and no wastewater from any pool shall discharge into a septic tank, cesspool or other sewerage disposal system.

[2] Editor's Note: See Ch. 223, Building Construction.

(8) All applications and the plans submitted in connection therewith shall indicate the approval of the Roslyn Water District or other governmental agency having jurisdiction of the local water supply.

(9) All plumbing work must be performed by a master plumber having a license issued by the Incorporated Village of East Hills.

(10) Application. Every application for a permit for a swimming pool of permanent construction shall be accompanied by plans in duplicate in sufficient detail to show:

(a) Location and size of the plot.

(b) Location of all structures and improvements on the plot.

(c) Location of the site in relation to adjacent properties.

(d) Location of all cesspools within 50 feet of pool or pool dry wells.

(e) Size of pool, including dimensions, design and elevation thereof, drainage, sewerage, sanitary facilities, safety walkways around pool, fences and location thereof in relation to said pool and property lines.

(f) Location of all electrical wiring and lines.

(g) Computation showing percentage of land usages.

(h) Breakdown of estimated cost used in application.

(i) All heaters and filters used in or connected with the operation of the pool shall be located and placed immediately adjacent to the residence of the applicant or not closer than 75 feet from any and all other residences.

(11) Structural plans for said pool and its fixtures, equipment and appurtenances shall be submitted as part of the application. The plans must be prepared and signed by a registered architect or shall be accompanied by a certification of the same, in writing, by a professional engineer licensed by the State of New York to the effect that he has personally examined the plans and the site, that the plans and specifications are sound and adequate and that the drainage of said pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways.

(12) There shall be submitted with every application a statement, in writing, by the applicant in substantially the following language: "I/We consent to the provisions of § 271-146 of the Code of the Village of East Hills and agree to permit such at all times."

(13) Every pool shall be constructed in such a manner so as to permit the pool to be securely covered during such time as the use of said pool has been seasonally discontinued. The covering of such pool shall be by a cloth or other substance of sufficient strength to prevent the same from tearing or ripping when a weight of not more than 175 pounds is placed on any part thereof.

(14) No change in the location of the pool or any of its equipment, fixtures or appurtenances, as shown on the application as granted, shall be made without the express written consent and approval of the Board of Appeals after a public hearing held thereon.

(15) Not later than one year after the issuance of a certificate of occupancy for the swimming pool, and yearly thereafter, the owner or occupant of any parcel of property on which said pool is located shall make application for a permit for the continued use of such pool. Such application shall be made on forms to be approved by the Board of Trustees and obtained from the Village Clerk and shall contain such information as may be requested thereby, and every such application, in addition to other required information, shall state, under oath, that:

(a) No change has been made in the structure, equipment or appurtenances of said pool, except such as were specifically permitted by a written resolution of the Board of Appeals;

(b) Said pool has been used only in accordance with the resolution of the Board of Appeals granting the special exception therefor; and

(c) Said pool and all of its equipment and appurtenances is structurally sound and in safe operating condition and meets the requirements of any and all governmental agencies' laws, rules and regulations affecting or pertaining to the maintenance, use and operation thereof.

(16) In the event that, due to the topographical condition of the rear yard, it shall be impossible to construct any pool therein, the Board of Appeals shall have the power, notwithstanding the provisions of § 271-142F, to permit not more than 25% of the pool area to be located in the side yard; subject, however, to all of the other restrictions and conditions contained in this chapter or any other ordinance, and subject to such other conditions as the Board of Appeals may impose. Whenever any parcel of land shall have frontage on more than one street, all portions of the yard fronting on any such street shall be considered to be front yard.

(17) No pool shall be used or operated without a permit having been issued in accordance with the provisions of this section. Each application for a permit shall be accompanied by a fee of $25. Upon the approval of such application and payment of the fee, the Village Clerk or Deputy Village Clerk shall issue a permit for the use and operation of said pool. Each such permit shall be for one year, beginning June 1. At any time after issuance of such permit, the Building Inspector may cause an inspection to be made of said pool, its fixtures, equipment and appurtenances, including but not limited to the fence and pool cover. If, as a result of such inspection, it shall appear that any matter set forth in the application is untrue or if the building inspector or designee shall find any unsafe, hazardous or unhealthy condition in or in connection with such pool, he or she shall cause written notice to be mailed to the owner and/or occupant of said property setting forth the findings of the inspection, together with notice that, if the matters complained of are not corrected within 10 days from the date of mailing of such notice, the permit will be revoked. In any event, the Building Inspector shall cause an inspection to be made of every such pool in the Village at least once in every two-year period.

[Amended 3-15-1993 by L.L. No. 1-1993]

(18) No pool shall at any time be used or operated contrary to the provisions hereof, and a violation of any provision or condition hereof shall be punishable by a fine of not more than $250 against the owner and/or occupant of the property, and each day that the pool is used in violation thereof shall constitute a separate offense, and in addition thereto, each such owner and/or occupant is declared to be a disorderly person.

(19) A fee of $60 shall accompany the application for a swimming pool of permanent construction or for any application under Subsection A(14) hereof, plus the additional fees payable for construction of a structure under Article XIV of this chapter.

(20) Bond. A surety bond in the sum of $500 shall be posted by each applicant to guarantee the reimbursement to the Village for any damages sustained to its highways or other property arising out of the construction of such swimming pool.

§ 271-144 Provisions applicable to plastic swimming pools except wading pools.

The following provisions shall apply to pools of plastic construction, excluding wading pools:

A. A fence designed to prevent small children from inadvertently wandering into the pool shall be erected completely enclosing the plastic pool or rear yard, or the pool may be securely covered when not in use. If fenced, there shall be but one opening through said fence, and this shall be by a gate or door equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times and locked when the owner or occupant of the premises is not present at such pool. When erected around the plastic pool, said fence shall be at least five feet from the edge of any pool and at least 10 feet from any property line and 10 feet from any residential building, except that the applicant's house can be the fourth side of the fence.

B. No plastic pool shall be placed closer than 10 feet to any lot line.

C. Water drained from said pool shall be completely drained on the property where said plastic pool is located. No wastewater shall discharge into a septic tank, cesspool or other sewerage disposal system.

D. Application. Applications for permits for pools of plastic construction, excluding wading pools, shall be accompanied by a drawing in sufficient detail to show:

(1) Location and size of the plot.

(2) Location of the plastic pool site.

(3) Location of all cesspools within 50 feet of the pool.

(4) Location of all electrical lines.

E. A fee of $5 shall accompany the application.

§ 271-145 Conditions applicable to wading pools.

The following provisions shall apply to wading pools:

A. Water drained from said pool shall be completely drained on the property where said wading pool is located.

B. No wading pool shall be placed closer than 10 feet to any lot line.

C. Permit. No permit is required.

D. Fee. No fee is required.

§ 271-146 Enforcement.

A. The Building Inspector is herewith charged with the duty of enforcing this article, and it is herewith specifically provided that the Building Inspector shall have the authority to enter upon any private premises in the Incorporated Village of East Hills for the purpose of determining whether or not the provisions and requirements of this article have been complied with in the construction or maintenance of any swimming pool of permanent construction or plastic or wading pool.

B. Any and all pools of any nature whatsoever requiring structures above ground shall be supported in a safe and substantial manner and shall conform to the Building Code[1] of the Incorporated Village of East Hills and shall be subject to approval by the Building Inspector.

[1] Editor's Note: See Ch. 223, Building Construction.

§ 271-147 Penalties for offenses.

The violation of this article shall be punishable as provided in Article XIII, § 271-137, of this chapter, as it presently provides or as hereafter amended.