[HISTORY: Adopted by the Town Board of the Town of Newfane 8-25-1971 by Local Law No. 2-1971 (Ch. 33 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 270.
As used in this chapter, the following terms shall have the meanings indicated:
SWIMMING POOL
Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground, outside any building.
This chapter is enacted in recognition of the need to regulate the installation and maintenance of swimming pools in residential zones and is not applicable to the use of land for a public bathing beach or swimming pool maintained for profit. Private swimming pools have become so common and numerous that it is recognized that there is not a need to regulate them in some detail. The intent of this chapter is to establish a legal procedure for the establishment and maintenance of swimming pools where they are found in the Town other than in commercial public bathing beaches or swimming pools.
A. 
Swimming pools may be installed in residential districts only as accessory to a dwelling for the private use of the owners or occupants of such dwelling and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions provided in this chapter.
B. 
No swimming pool shall be installed or maintained unless:
(1) 
Such pool is installed in the rear or the side yard of the premises.
(2) 
There shall be erected and maintained a good quality protective fence not less than four feet in height, with posts firmly embedded in the ground at intervals of not more than eight feet, enclosing the entire portion of the premises upon which said pool shall be installed and located.
(3) 
Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
C. 
Above-the-ground pools with side walls extending four feet or more above the ground shall not require a fence as provided in Subsection B(2) above; however, such pool, when equipped with decks or platforms, shall have the means of access to such decks or platforms, whether steps, ladders, ramps, or whatever, either removed or barricaded in such a manner as to prevent usage thereof when the owner or occupant of the premises is not present at such pool. In addition thereto, ladders, steps or ramps providing for direct access to above-the-ground pools shall be removed when the owner or occupant of the premises is not present at such pool.
D. 
Such pool shall not be erected closer than four feet to the rear and side property lines of the premises or, in the case of a corner lot, closer than 10 feet to any property line along an abutting street.
E. 
Water supply.
(1) 
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
(2) 
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.
F. 
The drainage of such pool shall be adequate and will not interfere with the public water supply system, existing sanitary facilities nor with the public highways.