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.
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
(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.
(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.
(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.
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:
E.
A fee of $5 shall accompany the application.
The following provisions shall apply to wading pools:
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.