[HISTORY: Adopted by the Board of Trustees of the Village of New
Hyde Park 9-3-1957 by Ord. No. 55. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any outdoor pool, tank, depression, excavation or structure of a
permanent nature which shall be utilized to retain water therein at a depth
of 24 inches or more, but shall not include those structures or enclosures
commonly known as "portable pools."
Outdoor water pools may be installed on any premises within the village,
but no such pool shall be constructed, erected or maintained prior to obtaining
a permit as provided for in this chapter and unless such pool conforms to
all other provisions of this chapter.
No outdoor water pool shall be constructed, erected or maintained unless
a permit therefor shall have been issued by the Board of Trustees of the village.
All applications for such a permit shall be made on forms provided by the
village and shall be accompanied by a permit fee in the sum of $100 for the
first $1,000 of cost, plus an additional $50 for each additional $1,000 of
cost or fraction thereof. The application shall show the complete plans and
specifications of the intended outdoor water pool, including but not limited
to the materials of construction, the water supply and drainage system, the
type, size and location of the required fencing and an accurate survey, map
or drawing showing the location of the pool in relation to the boundary lines
of the property on which the pool is to be located. Permits may be issued
only upon application by the owner of the land or by his agent duly authorized
in writing to make such application on his behalf.
In determining any application for a permit as set forth in § 169-3 of this chapter, the Board of Trustees shall consider the size of the applicant's premises, the elevation of the surface thereof above mean sea level, the character of the neighborhood, the distance of the pool from abutting premises, the existence of other similar pools in the neighborhood, the location and nature of the proposed fencing and the location, nature and suitability of the water supply and drainage system, and, in general, the Board shall give due consideration to the health, safety and general welfare of the community.
[Amended 6-20-2006 by L.L. No. 8-2006]
Each outdoor water pool shall be constructed, erected or maintained
in accordance with the following:
A.
It shall be built or constructed of material having adequate
strength to safely retain the water to be contained therein, and each pool
shall be designed and built in accordance with sound engineering practices.
B.
Such pool may be installed only in the rear yard area of the
premises.
C.
There shall be erected and maintained a good quality fence of not less than five feet nor more than six feet in height, enclosing the entire pool area. Any gates in the fence giving access to the pool must be equipped with self-closing hardware, and the gate must be locked when not in use. Specifications for pool fencing shall comply with the provisions of Chapter 101 of this Code entitled "Fences," § 101-8, entitled "Swimming pools." If the dwelling is being utilized as a part of the necessary enclosure, a swimming pool alarm must be installed and maintained.
D.
Such pool shall not occupy more than 40% of the area of the rear
yard, excluding garages or other accessory structures located in the rear
yard area.
E.
If the water for such pool is supplied from a private well, there
shall be no cross-connection with a public supply system. If the water for
such pool is supplied from the public water supply system, the inlet for such
pool shall be above the overflow level of the pool.
F.
The water used in such pool shall be chemically treated in a
manner sufficient to maintain at all times the bacterial standards established
by the provisions of the New York State Sanitary Code relating to public swimming
pools.
No light or lighting system shall be installed in connection with any
outdoor water pool which will cause light rays or reflections to be thrown
outside the property line of the premises.
A.
All outdoor water pools shall be equipped with a drainage
system so as to prevent the water therein from overflowing or draining onto
any land other than the land upon which the pool is located.
B.
Should the property or premises on which an outdoor water
pool is located be unoccupied for a period greater than seven consecutive
days, said pool must be drained by the owner or occupant of the premises and
remain empty during such period.
All building and construction carried on under this chapter shall be
subject to the final approval of the Building Inspector, under the direction
of the Board of Trustees.
If, at any time after construction of the pool and its appurtenances
as specified in this chapter, it appears that any of the provisions contained
herein are not being complied with, the Board of Trustees shall immediately
notify the owner or occupant of the premises of the nature of the noncompliance
and shall direct said owner or occupant to correct the noncomplying condition.
The Board of Trustees may also take whatever additional steps it may deem
necessary and reasonable to ensure the health, safety and general welfare
of the community until such time as the specified condition is corrected.
[Added 11-16-1999 by L.L. No. 4-1999[1]]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a petty offense. Each such offense is hereby designated a violation as defined in Article IIA of Chapter 1 of the Village Code, and every such violation shall be punishable in accordance with the provisions of Subsections B and F of § 1-27 of that article.
[1]
Editor's Note: This local law also provided that it would take
effect 12-1-1999.
