[HISTORY: Adopted by the Board of Trustees
of the Village of Manorhaven 6-10-1964 by Ord. No. L. Amendments noted
where applicable.]
In any district no outdoor water pool shall
be constructed, erected or maintained unless in conformity with this
chapter, and no pool heretofore constructed shall be used unless such
pool conforms to the requirements of this chapter.
[Amended 4-27-2022 by L.L. No. 1-2022]
As used in this chapter, the following terms
shall have the meanings indicated:
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading, and which contains,
or is designated to contain, or is capable of containing, water more
than six inches deep at any point and having a larger plane surface
area of water greater than 25 square feet. This includes in-ground,
aboveground, and on-ground pools; indoor pools; hot tubs; spas and
wading pools. A swimming pool is permitted if located as an accessory
use on the same lot as the principal use it serves, and to be utilized
only by the owner or tenants or their nonpaying guests. The word “pool”
shall be construed to mean “outdoor water pool.”
A.
No pools shall be built, constructed or maintained
except of materials having adequate strength to retain the water contained
therein. They shall be designed in accordance with sound engineering
practice, and the applicant shall furnish complete plans, data and
specifications to enable the Building Inspector to evaluate the structure.
B.
Pools shall be built watertight. The inside surface
shall be made of a smooth, nonabsorbent material with rounded corners
and shall be so constructed as to be easily cleaned.
Water overflowing from the pool and water from
a pool being emptied shall be disposed of on the owner's land and
restrained from flowing onto the land of any adjoining property owner
or into any abutting street. The applicant shall show in his application
the plan for the disposal of water.
A.
Adequate fencing shall be provided to prevent accidental
entry and unauthorized use of the pool. Such fencing may be erected
so as to completely enclose the pool itself or the particular yard
in which the pool is situated or the entire property.
B.
Such fencing shall be constructed of material four
feet high.
C.
In determining any application for permission to erect
a fence other than as required in this section, the Board of Appeals
shall consider whether the proposed fence will interfere with or impair
the use of the light or air enjoyed by the abutting properties, the
character of the abutting properties, the necessity of such a fence
to protect the property to be enclosed thereby or the abutting properties,
and the existence, height and nature of other fences in the vicinity
and the purposes in view referred to in § 265 of the Town
Law.[2]
[2]
Editor's Note: For comparable provisions,
see § 7-704 of the Village Law.
Excluded from the provisions of this chapter
shall be outdoor ice-skating rinks or surfaces of water used for ice
skating and water storage tanks when such tanks are completely enclosed
by the principal material of their construction. Access doors to the
interior of such tanks shall be securely locked except when personally
attended by a regular employee or the owner.
Should the owner abandon the pool, he shall
arrange to 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 he shall further notify the Building
Department of the abandonment so that an inspection of the site may
be made and the records of the permit be marked accordingly.
A.
All pools shall comply with the requirements of the
provisions of this chapter applicable to accessory buildings,[1] except that the yard area occupied by such pools shall
not be included in computing the percentage of lot area permitted
to be built upon.
B.
No swimming pool of permanent or plastic construction
covered under this chapter shall be installed and/or used in a front
or side yard of any residential premises.
C.
No portion of a permanent swimming pool shall exceed
the height of 18 inches above ground level.
A.
Sterilization and filtration equipment for swimming
pools. Sterilization and filtration equipment shall be adequate to
keep the pool in a sanitary condition at all times.
B.
If the water for such pool is supplied from the public
water supply system, the inlet shall be above the overflow level of
the pool.
C.
Such pool shall be chemically treated in a manner
sufficient to maintain the bacterial standards established by the
provisions of the New York State Sanitary Code relating to public
swimming pools.
D.
No swimming pool, whether of permanent or plastic
construction, shall have a water capacity in excess of 2,000 gallons
without a recirculating and filtering system of sufficient capacity
to meet good public health and engineering practice.
E.
Pools shall be equipped to provide a continuous supply
of clear, wholesome water at the rate of 20 gallons per hour for each
bather using the pool in any one hour. The supply may be either fresh
water from an approved water supply system or recirculated water if
approved means are provided for filtering and sterilizing the water
before such water is reintroduced into the pool. The inlets shall
be located so as to circulate the water over the entire area of the
pool.
A.
Pools shall be provided with a drain outlet or pump
so located that the entire pool can be emptied. Pools shall also be
supplied with an overflow at the high-water line. Such drain shall
be at least two inches in diameter and shall be trapped before connecting
with the drainage system. The trap shall be vented. Such overflow
shall be connected to the inlet side of the trap and on the sewer
side of the valve on the emptying drain. Drain and circulating outlets
shall be fitted with a device to reduce the vortex. The spaces around
the pool shall be drained in such a manner as to prevent the water
from draining into the pool. Such spaces may pitch into drained gutters
built into the sides of the pool. The drains in the gutters may also
serve as overflows.
B.
The size of the drain and vent connections shall be
determined by the capacity of the pool when filled to the overflow
level.
C.
The diameter of the trap shall be at least the diameter
of the drainpipe.
No permission shall be granted for the installation
of any swimming pool unless the plans therefor meet the approval of
the Village of Manorhaven construction requirements nor until the
owner of the premises has filed with the Building Department a certification
approved by the State of New York that the drainage of such pool is
adequate and will not interfere with the public water supply system,
with existing sanitary facilities or with the public highways.
No loudspeaker device which can be heard beyond
the property lines of the premises in which any swimming pool has
been installed may be operated in connection with such pool, nor may
any lighting be installed in connection therewith which shall throw
any rays beyond such property lines.
[Added 9-8-1965; amended 11-20-1991 by L.L. No. 3-1991; 1-22-1997 by L.L. No. 1-1997]
Any person, association, firm or corporation
which violates any provision of this chapter or assists in the violation
of any provision of this chapter shall be guilty of a violation punishable
by a fine not exceeding $1,000 or imprisonment for a period not to
exceed 15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine of not less than $1,000 nor more
than $2,000 or imprisonment for a period not to exceed 15 days, or
both; and upon conviction of a third or subsequent offense, all of
which were committed within a period of five years, punishable by
a fine of not less than $2,000 nor more than $3,000 or imprisonment
for a period not to exceed 15 days, or both. Each week's continued
violation shall constitute a separate additional violation.
