[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:
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:
A.
Permit. A permit shall be required to locate, construct
or maintain a noncommercial swimming pool.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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[1]]
B.
This chapter shall not apply to existing pools installed
at least 200 feet from the nearest property line.
