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.
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.
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.
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.
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.
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.