[Ord. No. 812, § 1]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Artificially constructed swimming pools or tanks established
or maintained upon any premises by any individual for his own or his
family's use or guests of his household.
Such terms shall mean and include, whether outdoor or indoor,
pools which are artificially constructed to provide recreational facilities
for swimming, bathing or wading. It shall not include private swimming
pools or wading pools, as defined in this section, or bathing facilities
installed as an integral part of a dwelling.
An artificially constructed pool, not designed or used for
swimming, with a maximum area of 120 square feet and a maximum water
depth of 18 inches.
[G.O. No. 858, § 1; G.O. No. 918, § 1]
Public swimming pools shall be permitted in residential districts of the Town when constructed, operated and supervised by either the board of education, the parochial school system, the Y.M.C.A. or the Y.W.C.A.; provided that the same shall comply with the conditions set forth under Section 26-3.
"Private club" swimming pools shall be permitted in residential districts of the Town when organized, operated and supervised by a board of directors or board of governors of a private club, not less than 75% of whose members shall be residents of the Town; provided, that the same shall comply with the conditions set forth under Section 26-3.
[G.O. No. 858, § 1]
The installation and operation of all public or private club
swimming pools shall be subject to the following conditions:
(b)
Before application for a permit for a public or private club swimming
pool is made, the matter shall be submitted to the Board of Adjustment
in accordance with Article 6, Section 2-c of the Zoning Ordinance
(General Ordinance No. 630, as amended by General Ordinance No. 818)
and the Town Council shall have approved such use at the location
in question.
(c)
The lot or plot of ground on which any outdoor pool is to be operated
shall be screened from surrounding residences by trees or shrubs in
a manner to be approved by the Town Council.
(d)
Adequate off-street parking on the plot in which the pool is to be
located or on land in the immediate vicinity thereof shall be provided
in a manner to be approved by the Town Council.
(e)
No outdoor public or private club pool shall be operated between
the hours of 10:00 p.m. and 10:00 a.m. of the following day. All floodlights
serving the pool area shall be extinguished by not later than 10:15
p.m. each night; provided, however, that the Town Council may extend
such time limit by resolution for special occasions such as swimming
meets, diving or swimming exhibitions.
(f)
The organization operating such a pool shall submit for approval
to the Town Council the rules and regulations governing the operation
of such pool, and the approval of such rules and regulations may be
a condition precedent for granting the permit.
[G.O. No. 812, § 3; G.O. No. 858, § 2]
It shall be unlawful to establish or construct a swimming pool
without first having obtained a permit therefor. No permit shall be
required for a wading pool.
[G.O. No. 812, § 4; G.O. No. 966, § 1]
Applications for a permit to install or construct a private
swimming pool shall be made on such form or forms as may be required
by the building inspector and shall be accompanied by a description
giving the size, shape and capacity along with description of materials
of construction, the location on the lot and the name and address
of the applicant. The building inspector shall not pass on the structural
features or durability of the pool, but shall issue a permit for the
installation or construction of a private swimming pool; provided,
that same comply with the provisions of this chapter, the Building
Code and Zoning Ordinance: and provided further that the application
for same has been approved in writing by the Board of Health.
A fee of $10 shall be charged by the building inspector for
such a permit.
[G.O. No. 812, § 5]
All material used in the construction of swimming pools shall
be waterproof and easily cleaned. The bottom and sides of the pool
shall be either white or a light color, except that aluminum paint
shall not be used as a finish. Sand or earth bottoms shall not be
used.
[G.O. No. 812, § 6]
There shall be no physical connection between a potable public
or private water supply system and swimming pools at a point below
the maximum flow line of the pool or to a recirculating or heating
system of a pool, unless such physical connection is so installed
and operated that no pool water can be discharged or siphoned into
a potable water supply system.
[G.O. No. 812, § 7]
All swimming pools hereafter constructed shall be provided with
not over one two-inch diameter galvanized iron pipe or approved equal
drain extending from the pool to either a brook storm sewer or sanitary
sewer where the capacity is adequate, as determined by the Town Engineer.
No pool drain shall be connected to the sanitary sewer system
if a storm drain or brook is reasonably accessible to the premises
upon which the pool shall be located. Where, however, only the sanitary
sewer system is available for the discharge of pool water, such discharge
will be permitted into such sanitary sewer, providing the pool capacity
does not exceed 36,000 gallons. Where such drainage is into a sanitary
sewer, the pool shall not be drained more than once each year and
only then upon a permit from the Town Engineer and at a time designated
by the Town Engineer.
[G.O. No. 812, § 8]
All swimming pools shall be so constructed, installed and maintained
as to provide necessary equipment for chlorination and other disinfection
and filtering to comply with such approved bacteriological standards
as may be promulgated by regulations issued by the Town Board of Health.
[G.O. No. 812, § 9]
No swimming pool shall be constructed or installed nearer than
10 feet to any property line, nor nearer to the street line on which
the property fronts than the main front wall of the dwelling erected
thereon. No swimming pool or wading pool shall be constructed or installed
on any lot unless upon the lot shall be located a residence building
as permitted in Residence A and B Zones.
[G.O. No. 812, § 10]
No artificial lighting shall be maintained or operated in connection
with a swimming pool in such manner as to be a nuisance to or an annoyance
to neighboring properties.
[1]
Editor's Note: Former § 26-12, Fencing of outdoor
private swimming pools, G.O. No. 868, §§ 10-A to 10-C,
was repealed 10-24-2023 by G.O. No. 2023-30.
[G.O. No. 868, § 10-D; G.O. No. 918, § 2]
The Board of Adjustment is hereby empowered to hear appeals from the provisions of the requirements of this chapter by owners of pools which otherwise would qualify under such section and to recommend any exception or variance to the Town Council. All such appeals to the Board of Adjustment and appeals from any action taken by any official or official body shall be processed in accordance with Appendix B — Article XI and Article XIII of this Code.
[G.O. No. 868, § 10-E; G.O. No. 918, § 3]
The Board of Adjustment, in acting on any appeal for variance
from the provisions of this chapter, shall be guided by and consider
the following facts, in addition to such other facts as it may deem
appropriate:
(a)
The character of the general neighborhood of the property surrounding
that on which the pool is located, including the density of the population
and the nature and density of vehicular and pedestrian traffic.
(b)
The number of children residing in such neighborhood.
(c)
The accessibility of the pool to children living in the neighborhood
and the probability of whether children would ordinarily have access
to such pool.
(d)
The installation of hedges, trees, screens or other factors which
would tend to isolate the pool from the general public and particularly
children.
(e)
The size and shape of the property on which the pool is located,
with particular regard to the distance of the pool from the property
lines.
(f)
Any set of facts which may tend to show a reduction of hazards in
connection with the property on which the pool is located.
[G.O. No. 812, § 11]
Every swimming pool constructed or to be constructed in the
Town shall at all times comply with the requirements of all health
authorities having jurisdiction in the premises. Any nuisance or hazard
to health which may exist or develop in or in consequence of or in
connection with any such swimming pool shall forthwith be abated and
removed by the person in possession of such pool, upon receipt of
notice from the building official, health officer or other designated
person so requiring.
