[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968
by Ord. No. 1-1968 as Ch. 71 of the 1968 Code of the Village
of Lindenhurst. Sections 167-2, 167-3, 167-4, 167-6, 167-11 and 167-13 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
- SWIMMING POOL
- An artificial or semiartificial receptacle or other container, whether located indoors or outdoors, used or designed, arranged or intended to contain water with a depth of more than 18 inches and a surface area of more than 125 square feet, for public, semipublic or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon such adults or children, and shall include all buildings, structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool.
Swimming pools which will be operated for gain or for which an admittance
fee or membership fee will be charged and swimming pools which will be operated
for the membership of clubs, lodges and similar organizations shall be permitted
in business and industrial zones only by resolution of the Board of Trustees
of the Village of Lindenhurst and under such safeguards as the Board of Trustees
may require. They will, in addition, be constructed and operated in accordance
with the Uniform Fire Prevention and Building Code of the State of New York
and with the Sanitary Code of the State of New York.
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 and on the conditions provided in this Code.
A.
No swimming pool shall be installed or maintained out-of-doors
unless: Such pool is installed in the rear yard of the premises; and shall
occupy not more than 40% of the open areas of the rear yard not occupied by
other accessory buildings; and in compliance with all side and rear yard and
percentage-of-lot-coverage requirements of the Building Zone Ordinance.[2]
B.
Enclosures.
(1)
General requirements. Outdoor swimming pools shall be
provided with an enclosure which shall comply with the following:
(a)
The enclosure shall be at least four feet in height and
have a maximum vertical clearance to grade of two inches.
(b)
Where a picket-type fence is provided, horizontal openings
between pickets shall not exceed three and one-half (3 1/2) inches.
(c)
Where a chain-link fence is provided, the openings between
links shall not exceed two and three-eighths (2 3/8) inches.
(d)
The enclosure shall be constructed so as not to provide
footholds.
(e)
Pickets and chain-link twists shall extend above the
upper horizontal bar.
(f)
Such enclosure shall have railings and posts within the
enclosure, which shall be capable of resisting a minimum lateral load of 150
pounds applied midway between posts and at top of posts, respectively. Enclosures,
fence material or fabric shall be capable of withstanding a concentrated lateral
load of 50 pounds applied anywhere between supports on an area 12 inches square
without failure or permanent deformation. Gates provided in the enclosure
shall be self-closing and self-latching with the latch handle located within
the enclosure and at least 40 inches above grade.
(2)
A wall of a dwelling is permitted to serve as part of
the enclosure under the following conditions:
The Board of Zoning Appeals may make modifications in individual cases
upon a showing of good cause with respect to the height, the nature of the
location of the fence, gates or latches or the necessity therefor, provided
that the protection as sought hereunder is not reduced thereby. The Board
of Zoning Appeals may permit other protective devices or structures to be
used, as long as the degree of protection afforded by the substitute devices
or structures is not less than the protection afforded by the fence, gate
and latch described herein.
No loudspeaker device which can be heard beyond the lot lines of the
premises in which any outdoor swimming pool is situated may be operated in
connection with such swimming pool, nor may any lighting be installed in connection
therewith which shall throw rays beyond lot lines. The aforementioned loudspeaker
device and lighting shall not be operated and used any day prior to 7:00 a.m.
and after 10:00 p.m.
Whether indoors or outdoors, no work shall be commenced on the construction
or installation of any below-ground swimming pool, including any excavating
or removing of sand, gravel, topsoil or other materials, until the plans and
specifications therefor have been approved by the Suffolk County Health Department
and a permit has been issued by the Village of Lindenhurst Building Inspector.
The plans and specifications shall contain a certification by a professional
engineer, licensed by the State of New York, that, if the water for a swimming
pool is supplied from a private well, there is no cross-connection with the
public water supply system; that, if the water for such pool is supplied from
the public water supply, the inlet shall be above the overflow level of the
pool; that the drainage of such swimming pool is adequate and within the subject
premises and will not interfere with the public or private water supply system,
with existing sanitary facilities or with the public highways; that the pool
shall be equipped with apparatus for chemically treating the water to maintain
bacterial standards established by the provisions of the New York State Sanitary
Code relating to public swimming pools; and that the construction meets the
minimum requirements of Part 720 of the New York State Uniform Fire Prevention
and Building Code.
Every swimming pool shall be used and maintained in accordance with
the provisions of the New York State Sanitary Code and the rules and regulations
of the Suffolk County Health Department. In addition thereto, all private
swimming pools shall be waterproof, easily cleaned, maintained and operated
as to be clean and sanitary at all times. Exposed sand or earth bottoms will
not be permitted. Masonry, asphalt or earth aprons around the pool shall be
pitched to drain water away from the pool.
Every owner of every swimming pool shall chemically treat the water
in a manner sufficient to maintain the bacterial standards established by
the provisions of the State of New York Sanitary Code relating to public swimming
pools.
Should the owner abandon a below-ground swimming pool, he shall remove
the in-ground pool liner, fill in or remove the excavation or depression and
restore the surface of the ground to its original grade and approximately
the same condition as before the pool was installed, and he shall further
notify the Building Inspector of the village of the abandonment so that inspection
of the site may be made. Prior to removal of the excavation, a demolition
permit shall be required.
The owner or occupant of the premises upon which a swimming pool shall have been constructed prior to the date of adoption of this chapter shall, within 90 days after the effective date of this chapter, comply with the requirements contained in this chapter, with the exception of § 167-4A.
Any person, firm or corporation violating any of the provisions of this
chapter or failing to comply therewith or with any of the requirements thereof
shall be declared to be a disorderly person and shall be liable to a fine
of not less than $100 nor more than $500 for each and every offense, and each
day such violation shall be permitted to exist shall be considered a separate
offense.
