Village of Atlantic Beach, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 10-18-1982 by L.L. No. 3-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and boardwalks — See Ch. 65.
Building construction standards — See Ch. 74.
Fences — See Ch. 110.
Zoning — See Ch. 250.
The Village Board of Trustees of the Village of Atlantic Beach hereby declares it to be in the public interest to provide for the construction and maintenance of swimming pools and hot tubs in order to protect the public health, safety, comfort and welfare of the residents and property owners so that such swimming pool and hot tub will not be detrimental to the general character or other orderly development of the Village.
As used in this chapter, the following terms shall have the meanings indicated:
SWIMMING POOLS
Any outdoor structure, tank or excavation or hot tub used outdoors, intended or used for the purpose of bathing or swimming by a resident of the Village of Atlantic Beach, the members of his household and guests, and located on a lot as an accessory use to a residence, apartment house owner or lessee, condominium owner, beach or cabana club owner, operator or lessee, cooperative apartment building, used by patrons, members, tenants, guests, visitors, friends, relatives or residents of such apartment house, cooperative apartment building, condominium or beach or cabana club which swimming pool or hot tub is located on a lot of such cooperative apartment building, apartment house, condominium, common or private land, beach or cabana club.
[Amended 4-14-1997 by L.L. No. 5-1997; 2-9-1998 by L.L. No. 1-1998]
Every applicant must pay a fee as set forth, from time to time, by resolution of the Board of Trustees,[1] for an in-ground swimming pool, hot tub or spa to the Clerk of the Village of Atlantic Beach at the time of filing plans for the construction or erection of a swimming pool, hot tub or spa in the Village of Atlantic Beach.
[1]
Editor's Note: The current fee schedule is on file in the Village offices.
[Added 12-13-2004 by L.L. No. 3-2004]
It shall be unlawful to construct, alter, repair, remove, demolish or to commence the construction, alteration, repair, removal or demolition of a swimming pool or structure without first filing with the Building Inspector an application in writing and obtaining a permit therefor.
A. 
Every swimming pool or hot tub heretofore or hereafter constructed or maintained, except an indoor swimming pool or indoor hot tub, shall be enclosed with a good quality wood or link wire fence five feet minimum in height, six feet maximum. Said fence is to be properly screened with shrubs and plants.
(1) 
Properties on Reynolds Channel shall be permitted to have fence enclosures four feet minimum adjacent to the waterway and those portions purchased from the Town of Hempstead or by Town of Hempstead boundary agreement.
[Added 10-15-2018 by L.L. No. 4-2018]
B. 
Gates giving access to such swimming pools or hot tubs shall be equipped with self-closing and self-locking devices installed on the pool side of the gates or hot tubs.
[Added 3-9-2009 by L.L. No. 2-2009]
A. 
Temporary enclosures. During the installation or construction of a swimming pool, such swimming pool shall be enclosed by a temporary enclosure which shall sufficiently prevent any access to the swimming pool by any person not engaged in the installation or construction of the swimming pool, and sufficiently provide for the safety of any such person. Such temporary enclosure may consist of a temporary fence, a permanent fence, the wall of a permanent structure, any other structure, or any combination of the foregoing, provided all portions of the temporary enclosure shall be not less than four feet high, and provided further that all components of the temporary enclosure shall have been approved as sufficiently preventing access to the swimming pool by any person not engaged in the installation or construction of the swimming pool, and as sufficiently providing for the safety of all such persons. Such temporary enclosure shall remain in place throughout the period of installation or construction of the swimming pool and thereafter until the installation or construction of a complying permanent enclosure shall have been completed.
B. 
Permanent enclosures. A temporary swimming pool enclosure described in Subsection A of this section shall be replaced by a complying permanent enclosure. The installation or construction of the complying permanent enclosure must be completed within 90 days after the later of:
(1) 
The date of issuance of the building permit for the installation or construction of the swimming pool; or
(2) 
The date of commencement of the installation or construction of the swimming pool.
C. 
Extensions. Upon application of the owner of a swimming pool, the governmental entity responsible for administration and enforcement of the Uniform Code with respect to such swimming pool may extend the time period provided for completion of the installation or construction of the complying permanent enclosure for good cause, including, but not limited to, adverse weather conditions delaying construction.
A. 
Every swimming pool or hot tub heretofore or hereafter constructed or maintained shall be equipped with adequate drainage, sanitary filtration, water supply and disposal facilities. The drainage of such pool or hot tub shall not interfere with the public water supply system nor with the existing sanitary and drainage facilities. All water from swimming pools and hot tubs must be disposed of through adequate drywells.
[Amended 3-8-2004 by L.L. No. 1-2004]
B. 
No swimming pool or hot tub owner, lessee, operator, apartment house, cooperative apartment building owner, operator or lessee; hotel owner, operator or lessee; condominium owner, operator or lessee; beach or cabana club owner, operator or lessee; shall empty the water from a swimming pool or hot tub into any street, highway (public or private) sidewalk, gutter or adjoining property.
In the event that the owner, operator, lessee; apartment house owner, operator or lessee; cooperative apartment building owner, operator or lessee; hotel owner, operator or lessee; condominium owner, operator or lessee; beach club owner, operator or lessee; or cabana club owner, operator or lessee, abandon a swimming pool or hot tub, it shall be filled in or the excavation or depression removed and the surface of the ground restored to its original grade and approximately to the same condition as before the swimming pool or hot tub was constructed, installed or erected, and written notice by registered or certified mail of the abandonment shall be given to the Clerk of the Village of Atlantic Beach no later than seven days after such abandonment.
Every swimming pool or hot tub heretofore or hereafter constructed or maintained shall be completely drained when not in regular use or be covered by a cover of such construction to sustain the weight of an average adult individual. The cover is to be properly anchored around the perimeter of the pool or hot tub. All covers over the swimming pool or hot tub shall be installed whenever a dwelling, private house, apartment house, cooperative apartment building, hotel, condominium, beach club or cabana club is not in full-time use and not later than October 15 of each year.
A. 
The pool or hot tub or any auxiliary apparatus or equipment or other device used in connection therewith shall be used in such manner as not to cause disturbance or annoyance to other residents of the Village.
B. 
No loudspeaker devices shall be permitted to be used on or near swimming pool or hot tub or in connection with the use of the swimming pool or hot tub.
C. 
The swimming pool or hot tub may be lighted by underwater lighting, properly and legally installed, and the balance of the pool or hot tub area may be lighted only with nonglaring lights and no later than 11:00 p.m.
D. 
Pool equipment, such as filtration systems and heaters, shall not be placed closer than five feet to the rear or side property lines of the premises or as permitted by a notarized release form.[1]
[1]
Editor's Note: Said release form is on file in the Village offices.
The bacterial standards established by the provisions of the State of New York Sanitary Code relating to public swimming pools or hot tubs shall be maintained in every swimming pool or hot tub heretofore or hereafter constructed or maintained in the Village of Atlantic Beach.
All connections with the public water supply shall be made by a duly licensed plumber. Such connections shall be made in such a way as to prevent any water from the swimming pool or hot tub from entering the public water supply system. In times of drought or water shortages, the Board of Trustees of the Village may order that the use of the swimming pool or hot tub be discontinued and that all connections with the public water supply system be disconnected until further order by the Board of Trustees.
No swimming pool or hot tub shall be hereafter erected until the owner, operator, lessee; hotel owner, operator, lessee; cooperative apartment building owner, operator, lessee; condominium owner, operator, lessee; or beach or cabana club owner, operator or lessee has filed a certification by a professional engineer licensed by the State of New York that the drainage of such pool or hot tub is adequate and will not interfere with the public water supply system, with existing sanitary and drainage facilities, nor with the public highways; that such drainage facilities, among other requirements, shall include a sump or dry well.
The Building Inspector shall be empowered to make a yearly inspection of every swimming pool or hot tub in the Village, and report the results of such inspection to the Board of Trustees.
[Amended 2-9-1998 by L.L. No. 1-1998]
Any owner, operator, lessee; hotel owner, operator or lessee; cooperative apartment building owner, operator or lessee; condominium owner, operator or lessee; or beach or cabana club owner, operator or lessee and any person, agent, servant, employee or corporation or company who shall violate any provisions of this chapter or fail to comply therewith shall be guilty and punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation. The owner, operator, lessee; condominium owner, operator or lessee; cooperative apartment building owner, operator or lessee; hotel owner, operator or lessee; or beach or cabana club owner, operator or lessee who shall have assisted in the commission of any such violation shall each be guilty of a separate offense and upon a conviction shall be fined as herein provided.