Village of Malverne, NY Article XI Swimming Pools

§ 600-11.0 Definitions.

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

PRIVATE SWIMMING POOL

Any body of water or receptacle for water having a depth at any point greater than two feet, and constructed, installed or maintained in or above the ground outside any building. A private swimming pool shall be deemed a structure as defined in § 600-1.2B.

§ 600-11.1 Regulations for permitted swimming pools.

A. A private swimming pool may be constructed, installed and maintained in any district only as an accessory structure to a main building used for dwelling purposes and intended for occupancy by not more than one family, for the exclusive use of the occupants of said main building and their guests and only upon the conditions set forth in this article.

B. No private swimming pool shall be constructed, installed or maintained unless:

(1) A permit therefor has been issued by the Superintendent of Buildings in accordance with § 600-5.0.

(2) Such pool is installed entirely within the rear yard of the premises.

(3) The top level of an in-ground pool structure shall be not more than six inches above the normal level of the rear yard of the premises.

(4) The pool shall be watertight and constructed of reinforced concrete, welded steel sheets or any other material which is watertight and nonabsorbent, having a thickness or gauge approved by the Superintendent of Buildings, sufficient to insure against collapse of the pool and leakage of water from the pool, with a smooth inside surface and rounded corners, and so designed and constructed to facilitate its cleaning.

(5) Distance from street line.

(a) The inside face of each wall of the pool shall be not less than:

[1] Five feet from any side or rear line of the premises;

[2] Twelve feet from the nearest point on the main building on said premises; and

[3] Ten feet from the nearest point on any accessory building or other accessory structure on said premises.

(b) The distance between any such inside face and the nearest street line bounding the premises shall not be less than the distance between such street line and that point on such main building nearest such street line.

(6) Pools, and any other structures, excluding temporary structures, shall not occupy more than 40% of the area of the rear yard. In determining such rear-yard area, the portion or portions of the yard occupied by any garage or other accessory structure located in the rear yard shall be considered as part of the area of the rear yard.

(7) Diving boards or platforms or other structures used in connection with such pool, excluding slides, shall be prohibited.

(8) All types of swimming pools shall be considered in calculating the building area within a lot.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 600-11.2 Fencing requirements.

A. There shall be erected and maintained a good quality split, sapling, stockade or PVC picket fence, five feet in height above average grade, enclosing entirely the area occupied by such pool, except that no fence need be erected along any boundary of the pool area abutting on any wall or walls of the main building on the premises, provided such fence and wall or walls completely enclose the pool area. The pickets shall be erected vertically and shall be butted against each other. The distance between such fence and the nearest street line bounding the premises shall at no point on such fence be less than the distance between such street line and that point on the main building on said premises nearest such street line.

B. There shall be only one opening in the fence enclosing such pool area, and such opening shall be equipped with a gate or door of the self-closing, self-latching type, which shall be kept locked at all times except when the pool is in actual use by the occupants of the premises or their guests.

§ 600-11.3 Water requirements; treatment; filters.

A. If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system. If the water for such pool is supplied from the public water supply system, the inlet shall be not less than six inches above the overflow level of the pool.

B. Every private swimming pool shall be chemically treated in a manner sufficient to maintain the bacterial standards presently and hereafter established by the provisions of the New York State Sanitary Code relating to public swimming pools.

C. Every private swimming pool shall be equipped with a permanent (nonportable) pressure sand-filter system or an approved equal, having sufficient capacity to provide a complete turnover of the pool water each 24 hours or less.

§ 600-11.4 Peace and good order.

A. No lighting shall be installed or maintained in connection with any private swimming pool in such a manner as to throw any rays beyond the property lines bounding the premises on which the pool is erected.

B. The use of radios, televisions, musical instruments, phonographs or other devices for the production of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants is prohibited.

§ 600-11.5 Refilling upon discontinued use.

If the use of any private swimming pool shall be discontinued, the owner of the premises on which such pool is located shall completely fill in the pool with clean earth fill.

§ 600-11.6 Dry wells.

A dry well with the capacity of 10% of the pool volume shall be constructed or installed within the rear yard of applicant's property.