It shall be unlawful for any person to construct, install, establish
or maintain, alter, remodel, reconstruct or operate a private swimming
pool without having obtained a permit therefor in the manner prescribed
herein:
A. The application for a permit shall be submitted to the Code Enforcement
Officer on forms supplied by the Township, together with three sets
of plans and specifications setting forth the details of the construction,
four sets of drainage plans acceptable to the Township Engineer and
four sets of plot plans showing:
(1) The location of the pool on the lot.
(2) The location of buildings on the lot.
(3) Fencing, existing and planned, and the height and aperture dimensions
thereof.
(4) Such other dimensions, descriptions and information as will provide assurance of conformance with the intent and requirements of this chapter, of Chapter
127, Zoning, and of all other applicable regulations of the Township.
B. The fee for each permit shall be as established in the Township Building
Code.
C. Upon approval of the plans and specifications, one set of each, so
marked, will be returned to the applicant and must be kept on the
site with the permit during construction, available to the Code Enforcement
Officer. No change in the same shall be made without written notification
to and approval, in writing, by the Code Enforcement Officer.
D. In all cases where an in-ground pool is proposed, the swimming pool
contractor or, if none, the property owner shall deposit the sum of
$1,000 with the Township as an escrow fund prior to the issuance of
a building permit in order to guarantee the removal of the excavated
dirt from the premises upon completion of the work. The escrow agreement
shall provide for the Township to have the excavated dirt removed
at the contractor's expense by use of the escrow funds if the
contractor has not done so within 30 days after the pool is substantially
completed.
No artificial lighting shall be maintained or operated in connection
with private swimming pools in such a manner as to be a nuisance or
an annoyance to neighboring properties.
Whenever the owner of any swimming pool about to be or in the
course of being erected or altered takes exception to the decision
of the Code Enforcement Officer in refusing to approve the issuance
of a permit or in refusing to approve the manner of construction or
the kinds of materials to be used in the construction or alteration
or to its decision as to the pool's safety or its compliance
with the provision of this chapter, such owner or his duly authorized
attorney or agent may, within 10 days after such decision, appeal
therefrom to the Board of Supervisors. Such appeal shall be in writing,
shall state the decision of the Code Enforcement Officer and the reasons
for the exception taken thereto, shall be verified by affidavit and
shall be filed with the Township Secretary. The person appealing shall
have the right to appear and to be heard if he states his desire so
to do in his written appeal. A prompt decision of such appeal shall
be made by the Board of Supervisors and shall be duly recorded, and
the decision shall be final.
Any person violating any of the provisions of this chapter or
any regulations and specifications adopted hereunder shall, upon conviction
thereof before a District Justice of the Township or any other court
of competent jurisdiction, be sentenced to pay a fine of not more
than $1,000 for each offense, and costs of prosecution, and in default
of payment of said fine and costs, shall be imprisoned in the Luzerne
County Jail for a period not exceeding 30 days. Each day that a violation
is permitted to exist shall constitute a separate offense.