[HISTORY: Adopted by the Town Board of the Town of Sullivan 4-5-1971 by L.L. No. 1-1971. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR SWIMMING POOL
- Any artificial pool or structure either permanently installed or temporarily placed on the premises of any person intended for or suitable for swimming, bathing, or wading, and over 24 inches in depth whether above or below the finished ground level.
- Includes a corporation, association, organization, firm and partnership, as well as an individual.
No outdoor swimming pool shall be constructed, assembled, enlarged or altered unless a permit is issued therefor. Permits shall be issued by the Building Administrator of the Town of Sullivan, upon payment of the fee applicable to building permits as such fees exist at the time application is made.
Application for a permit to construct an outdoor swimming pool shall be made to the Building Administrator on such forms as he may require, and shall be accompanied by detailed plans and drawings, showing pool construction; lot lines; proposed location; fence construction; outdoor lighting system, if any; water supply system; drainage water disposal system (including the method and manner of disposal of water); appurtenances; filter system; electric, gas and sewer lines within 40 feet of the outside boundaries of the pool, and if none, a statement that there are none; and such other information as may be required.
Pool walls and floors shall be constructed of an impervious material which shall provide a tight tank and shall be of sufficient strength to contain the water therein. All outdoor swimming pools and any facilities in connection therewith, shall be located and constructed in conformity with approved plans. All outdoor swimming pools shall be constructed in such a manner that all water either overflowing or emptying from same shall be disposed of on the owner's land except upon special permit of the Town of Sullivan Board of Zoning Appeals, however, in no case shall waste water be discharged into any public sanitary sewer of the Town of Sullivan.
All outdoor swimming pools are required to comply with the following regulations:
They shall be completely enclosed by a fence or wall constructed of materials which shall be durable enough to prevent entrance into the pool area except by use of a gate or gates. If of wire mesh construction, this fence is not to have linkage of more than two inches in diameter. The entrance gate or gates shall be equipped with self-closing and self-latching devices. All gates shall be equipped with locks and kept locked when the pool is unattended. The fence and gates shall be at least four feet above the finished ground level. Doors of dwellings occupied by human beings and forming any part of the enclosure herein required need not be equipped with self-closing or self-latching devices.
Lights used to illuminate the pool or pool area shall be shielded or installed so as to prevent said lights from shining directly upon the property of any adjacent property owner.
No pool wall or related equipment shall be located within 10 feet of any adjoining property.
Outdoor swimming pools shall not be located within a front yard in any residential zoning district of the Town of Sullivan except upon special permit of the Town of Sullivan Zoning Board of Appeals.
No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool appurtenance.
Should the owner abandon the outdoor swimming pool, he shall remove the depression and return the surface of the ground to its original grade and approximately in the same condition as before the pool was constructed, and the Building Administrator shall be notified thereof and approve the restoration.
Section 240-5A and B herein shall apply to existing outdoor swimming pools, and owners of said pools shall have six months from the effective date of this chapter to comply with the requirements of these subsections. Temporary pools now in place but moved after the effective date of this chapter shall in addition to the foregoing also comply with § 240-5C and D.
The provisions of this chapter shall be enforced by the Building Administrator of the Town of Sullivan.
Any and every violation of the provisions of this chapter shall be deemed to be an offense against this chapter, punishable by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both. Each day's continued violation of this chapter, after written notice thereof, shall constitute a separate and additional violation. In addition to the above provided penalties and punishment or in lieu thereof, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of such chapter.