[HISTORY: Adopted by the Board of Supervisors of the Township of Chestnuthill 6-5-1990 by Ord. No. 1990-02. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- SWIMMING POOL or POOL
- An outdoor, man-made bottom (i.e., concrete or plastic lined) intended to be used solely by the owner of a residential property, his family or lessee thereof and his family and by guests invited to use it without the payment of any fee for recreational purposes.
A noncommercial swimming pool designed to contain a water depth of 24 inches or more shall not be located, constructed or maintained on any lot or land area unless it conforms to the following requirements:
Permit. A permit shall be required to locate, construct or maintain a noncommercial swimming pool.
Location. A noncommercial swimming pool shall be located in the rear or side yard only. In no case shall an above- or in-ground pool be located within 15 feet of a side yard or rear property line or under any utility lines.
Fence. Every in-ground noncommercial swimming pool shall be entirely enclosed with a good quality chain link, wooden or other equivalent fence of not less than four feet in height. Such a fence shall not have an opening, holes or gaps therein larger than four inches in width or, if larger than four inches in width, no larger than four inches in length, except for doors or gates; provided, however, that if a picket fence is erected or maintained the horizontal opening shall not exceed four inches, provided further that a dwelling house or accessory building may be used as part of such a fence. In addition thereto, the owner of a noncommercial swimming pool may use a fence attachment which can be placed on top of the pool side so long as the height of the fence attachment is not less than four feet and the same conforms to the additional requirements set forth herein.
Doors and gate openings. All doors or gate openings through such an enclosure shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use.
Aboveground. The sides of a pool constructed above ground level shall be considered to meet the requirements for a fence preventing direct access to the noncommercial swimming pool, provided that such sides of the pool are at least four feet high and provided, further, that any stairs, steps or ladders used to reach the water surface of the pool shall be removable or capable of being folded up or secured in a way which will prevent their use when the pool is not in operation by the residents of the property or their guests.
This chapter shall apply to all owners of noncommercial swimming pools in Chestnuthill Township, and any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[Amended 6-25-1992 by Ord. No. 1992-05]
This chapter shall not apply to existing pools installed at least 200 feet from the nearest property line.