[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bellerose 11-14-1977 by L.L. No. 6-1977.[1] Amendments noted where applicable.]
[1]
Editor's Note: Pursuant to L.L. No. 1-1976
which established the Code, the provisions of this chapter were originally
designated as Ch. 22.
As used in this chapter, the following terms
shall have the meanings indicated:
A self-contained fish pond, portable hot tub or spa unit
used for recreational purposes and having a maximum capacity of up
to 300 gallons. Wading pools or prefabricated units meeting the definitions
of "wading pool" and "prefabricated unit" under this section hereof
shall not require Board of Appeals approval.
[Amended 3-28-2011 by L.L. No. 5-2011]
Any body of water or receptacle for water having a depth
at any point greater than two feet or which, regardless of depth of
water, is, in whole or in part, so constructed, installed or maintained
so as not to be readily movable or portable or the materials of which
have a gross weight in excess of 200 pounds, exclusive of water housed
therein, used or intended to be used for bathing or swimming and constructed,
installed and maintained in the ground outside a residential building
on private property within the limits of the Incorporated Village
of Bellerose. No pool shall be constructed within the Incorporated
Village of Bellerose so as to be above or partly above and partly
in the ground.
Any structure intended for wading, above the ground, having
a depth for retaining water of no more than 20 inches and a maximum
capacity of 200 gallons.
[Added 3-28-2011 by L.L. No. 5-2011]
A.
Permit required. No swimming pool or prefabricated
unit shall be constructed, erected or maintained unless a permit for
the same shall have been issued by the Building Inspector. An application
for such permit shall be on such form as may be furnished by the Building
Department and shall be accompanied by complete plans and specifications
of the pool or prefabricated unit, the plan for the disposal of water,
the type and location of fencing and survey or map showing the location
thereof with respect to the boundary lines of the land of the applicant.
Permits may be issued only upon application of the owner of the land
or his or her agent duly authorized, in writing. Applications shall
be accompanied by a permit fee established by resolution of the Board
of Trustees and shall be renewed annually.
[Amended 3-28-2011 by L.L. No. 5-2011]
B.
A plot or parcel of land within the Incorporated Village
of Bellerose may be used for a wading pool consistent with the public
health, safety and general welfare of the community.
The Board of Zoning Appeals, in considering
an application for a swimming pool, 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:
A.
Will not adversely affect the public health, safety
and general welfare.
B.
Will be maintained for the use of the applicant, his
or her family and guests.
C.
Will not depreciate the value of the property in the
area immediately adjoining the land being so used.
D.
Will not alter the essential character of the neighborhood.
The Board of Trustees of the Incorporated Village of Bellerose, by the enactment of this chapter of the Code of the Incorporated Village of Bellerose, makes an initial determination pursuant to the provisions of the Environmental Quality Review Act and the provisions of this Code passed in pursuance thereof, that an environmental impact statement is required with reference to each and every application for permit and permit issued for the erection of a swimming pool within the Incorporated Village of Bellerose. Any application for a permit for the construction of a swimming pool within the Incorporated Village of Bellerose shall not be complete until a draft environmental impact statement shall have been accepted as adequate in scope and in content, pursuant to the provisions of the Environmental Quality Review Act and Chapter 98 of the Code of the Incorporated Village of Bellerose passed in pursuance thereof.
A.
In order to safeguard the general safety of the community, particularly the children thereof, and to ensure the public health and welfare of the community generally, the following specific conditions are hereby imposed on all swimming pools. Prior to the submission of any swimming pool application to the Board of Zoning Appeals, the applicant shall first submit to the Building Inspector of the Incorporated Village of Bellerose, in such form as he shall require, plans and other appropriate evidence that the following conditions and those set forth in § 188-6 of this chapter will be met by the proposed installation. If the Building Inspector shall find that the application does not meet the said conditions, the applicant may appeal from such finding to the Board of Zoning Appeals for its appellate consideration. The Board of Zoning Appeals shall not consider any application for a swimming pool permit under § 188-3 until the Building Inspector shall have approved the application in accordance with the criteria of this section and of § 188-6, unless the Board of Zoning Appeals, in its appellate jurisdiction, shall overrule the Building Inspector or shall have granted such variance as it shall deem proper and lawful.
(1)
Any electric wiring for lighting or other use, other
than for lighting which is part of and enclosed in the pool structure,
shall not be closer than 15 feet to said pool.
(2)
Said pool shall be located not closer than 20 feet
to any dry well (excluding roof leader dry wells) on the owner's or
adjacent property.
(3)
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.
(4)
Any water from a public water supply shall be introduced
into a swimming pool of permanent 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.
(5)
No swimming pool shall have a water capacity in excess
of 6,500 gallons without a recirculating and filtering system of sufficient
capacity to meet good public health and engineering practice.
(6)
No swimming pool shall be installed and/or used in
a front or side yard of any residential premises.
(7)
Loudspeaker devices shall be prohibited, nor shall
any lighting be installed in connection therewith which shall throw
any rays beyond such property lines.
(8)
Such pool shall not occupy more than 25% of the area
of the rear yard.
B.
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.
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,
as a special exception, only when permitted by the Board of Zoning
Appeals after a public hearing and subject to all of the following:
A.
A fence, five feet in height, unless a different height
shall be directed by the Board of Zoning 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 materials 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.
B.
No part of any pool shall be located within 20 feet
of any property line or within 20 feet of any residence building or
appurtenant structure.
C.
The fence referred to in Subsection A 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 Zoning 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.
D.
A walkway of at least four feet in width shall be
built on all sides of the pool.
E.
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 serve any other drainage purpose.
F.
Any dry well used for the disposal of wastewater from
said pool shall have a capacity of at least twice the amount of water
discharged during one normal backwash operation but shall in no case
have less than a ten-foot vertical sidewall and an eight-foot diameter.
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 sewage disposal system.
G.
Application.
(1)
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 and dry wells within
50 feet of the pool or pool dry well.
(e)
Size of pool, including dimensions, design and
elevation thereof, drainage, sewerage, sanitary facilities, safety
walkway 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.
(2)
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 35 feet
from any and all other residences.
H.
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.
I.
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 Chapter 188 of the Code of the Incorporated Village of Bellerose and agree to permit the application of same at all times." In addition thereto, the applicant shall agree, in writing, that any swimming pool located on his or her property shall not be used prior to 8:00 a.m. nor after 10:00 p.m. on any day and that any lighting appurtenant to such pool shall be extinguished before or at 10:00 p.m. on each day.
J.
Every pool shall be constructed in such 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 200 pounds is placed on any part thereof.
K.
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 Zoning Appeals after a public hearing held
thereon.
L.
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:
(1)
No change has been made in the structure, equipment
or appurtenances of the said pool except such as were specifically
permitted by a written resolution of the Board of Zoning Appeals.
(2)
The said pool has been used only in accordance with
the resolution of the Board of Zoning Appeals granting the special
exception therefor.
(3)
The said pool and all of its equipment and appurtenances
are structurally sound and in safe operating condition and meet the
requirements of any and all governmental agencies, laws, rules and
regulations affecting or pertaining to the maintenance, use and operation
thereof.
M.
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 Zoning Appeals shall have the power 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 or any other chapter and subject to such other conditions
as the Board of Zoning 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.
N.
No such pool shall be used or operated without such
permit having been issued, and each such permit shall be for one year
beginning June 1. At any time after the issuance of such permit the
Building Inspector may cause an inspection to be made of the said
pool, its fixtures, equipment and appurtenances, including the fence
and pool cover, and if, as a result of such inspection, it shall appear
that any matter set forth in the application is untrue or if he shall
find any unsafe or unhealthy condition in or connected with such swimming
pool, he shall cause written notice to be mailed to the owner or occupant
of said property setting forth the findings of his inspection, together
with a notice that if the matters complained of are not corrected
or complied with within 10 days from the date of mailing, then the
permit will be canceled.
O.
Any pool which shall at any time be constructed, used
or maintained contrary to the provisions hereof or in violation of
any provision of this chapter 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 or maintained
in violation of any provision of this chapter shall constitute a separate
offense, and, in addition thereto, each such owner and/or occupant
is declared to be a disorderly person.
P.
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.
[Amended 3-28-2011 by L.L. No. 5-2011]
In addition to the requirements of § 188-1, definitions of "prefabricated unit" and "wading pool," and § 188-2A herein:
A.
Water drained
must be drained into a sanitary sewer line originating on the premises
or into an approved drywell installed upon the grounds.
B.
Prefabricated
units equipped with electrically operated filters and/or lights must
use electricity provided from a GFI-protected outlet which is connected
directly to the circuit breaker or fuse panel at the premises by a
licensed electrician. No portable lights or underwater lights are
permitted, except in prefabricated units where the lighting is factory
installed. Wading pools shall not be equipped with a filter or lights.
C.
No such
pool or unit shall be located closer than 10 feet to any lot line.
D.
A wading
pool shall be emptied each day, no later than 9:00 p.m.
[Added 5-23-2011 by L.L. No. 6-2011]
The Building Inspector is hereby charged with
the duty of enforcing this chapter, and it is hereby specifically
provided that the Building Inspector shall have the authority to enter
upon any private premises in the Incorporated Village of Bellerose
for the purpose of determining whether or not the provisions and requirements
of this chapter have been complied with in the construction or maintenance
of any swimming pool or wading pool.
[Added 3-28-2011 by L.L. No. 5-2011]
Any person violating a provision hereof shall be subject to
a fine of $250 for the first offense and up to a fine of $1,000 for
subsequent violations.
