[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. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.[1]
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
