[Amended 8-10-2020 by L.L. No. 2-2021]
A.
Swimming pools may be installed in A and CA Residence Districts (For CA Districts, refer to Article VI.) only as accessory to a dwelling or dwellings for private use of the owners or occupants of such dwelling or dwellings and their families and guests, and only on the conditions provided in this article, or as otherwise specified.
B.
No swimming
pool shall be constructed or erected unless a building permit for
the same shall have been issued. An application for such permit shall
include plot, site and building plans for the pool, showing dimensions,
design, location and use of all structures, equipment, drainage, sanitary
filtration, water supply and disposal facilities, fencing, screening
and landscaping, covering of pool and such other information as may
be requested by the Building Official. Such application shall also
include a current certification by a licensed professional engineer
that the facilities and equipment for drainage of such pool are or
will be adequate and will not interfere with the public water supply
system, with existing sanitary and drainage facilities or with public
rights-of-way or their use. No drainage onto adjacent properties or
a public right-of-way shall be permitted.
A.
No outdoor swimming pool shall be installed or maintained
unless:
(1)
Such pool is installed wholly in the rear yard of
the premises.
(2)
An outdoor residential swimming pool must be provided with a barrier
which completely surrounds the swimming pool and obstructs access
to the swimming pool. The barrier may consist of a fence, a wall,
a building wall, or any combination thereof in accordance with the
Uniform Code of New York State. Every swimming pool shall be enclosed
with a fence five feet minimum and six feet maximum in height for
rear yards. Said fence is to be properly screened with shrubs and
plants not less than six feet, wherever applicable, and prevent reflection
from artificial lighting of any kind.
[Added 8-10-2020 by L.L. No. 2-2021]
(2.1)
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 8-10-2020 by L.L. No. 2-2021]
(a)
Chain-link fence. Said fence shall extend from
the ground to a height of not less than five feet, with top and bottom
rail, posts spaced not more than eight feet on center and set to extend
three feet below grade, in an eight-inch-diameter concrete footing.
Chain-link fabric shall be galvanized steel, two-inch mesh No. 9 wire.
The fabric shall be fastened to posts and rails so that the bottom
of the mesh is not more than one inch above grade. Fabric shall be
fastened securely to posts and rails by means of wire clips not more
than 30 inches on center.
(b)
Timber fence. Said fence shall extend from the
ground to a height of not less than five feet, with two horizontal
rails on the pool side. Posts shall be spaced not more than eight
feet on center and set to extend four feet below grade. The frame
design shall produce a rigid structure. Fabric coverings and/or fence
panels shall be securely mounted and fastened to the frame and shall
be not more than one inch above the grade. All fence materials shall
be the No. 1 grade of the type used or chosen.
(c)
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.
(3)
[1]Every gate in the fence enclosing such pool, except an
opening through the dwelling or other main building of the premises,
should be secured by a lock which can be opened only with a key from
the outside and without a key from the inside, with a spring or other
device to keep said gate securely closed and locked at all times when
the owner or a responsible occupant of the premises is not present
at such pool.
[1]
Editor's Note: Former Subsection A(3), regarding swimming
pool fence materials, was repealed 8-10-2020 by L.L. No. 2-2021.
(4)
Such pool shall not be erected closer than four feet
to the rear and side property lines of the premises or, in the case
of a corner lot, closer than 10 feet to any property line along an
abutting street.
(5)
Such pool does not occupy more than 40% of the area
of the rear yard, excluding all garages or other accessory structures
located in such area.
(5.1)
No swimming pool shall be erected on any lot until either the
residence thereon shall have been erected and a certificate of occupancy
issued or plans for the residence thereon shall have been filed with
the Building Department, a building permit therefor issued and the
construction thereof actually commenced. If the construction of the
residence is not completed within 12 months after its commencement
and a certificate of occupancy issued within said 12 months, the swimming
pool shall be removed.
[Added 8-10-2020 by L.L. No. 2-2021]
(6)
Cabanas.
(a)
A cabana shall be permitted as an accessory
to such swimming pool, provided that:
[1]
Such cabana does not exceed nine feet in height
and 200 square feet in total size.
[Amended 8-10-2020 by L.L. No. 2-2021]
[2]
Such cabana is no closer to a side or rear property
line than five feet, and for each foot the height of such building
exceeds nine feet, the offset from the rear and side property line
shall be increased by one foot for each foot of height for a maximum
height of 12 feet, and its entrance is located within the required
fencing surrounding the swimming pool. No cabana shall be closer than
five feet from a dwelling.
[Amended 8-8-2005 by L.L. No. 1-2005; 8-10-2020 by L.L. No. 2-2021]
[3]
The Building Department is satisfied that the
proposed cabana shall be used only for the purposes of showering,
dressing, or toilet and sink, in conjunction with the use of the swimming
pool.
[4]
No cabana shall be erected on any lot until either the residence
thereon shall have been erected and a certificate of occupancy issued
or plans for the residence thereon shall have been filed with the
Building Department, a building permit therefor issued and the construction
thereof actually commenced. If the construction of the residence is
not completed within 12 months after its commencement and certificate
of occupancy issued within said 12 months, the swimming pool shall
be removed.
[Added 8-10-2020 by L.L. No. 2-2021]
(b)
The Building Department may use any reasonable methods to determine that this Subsection A(6) is being complied with, including the requirement of submission by the property owner of an affidavit stating that the proposed use of the cabana shall be limited to the requirements of Subsection A(6)(a)[3].
(7)
The Building Inspector may, in his discretion, impose
such further fencing requirements which he may determine necessary
to prevent access to swimming pools by unattended children, as a condition
of the grant of a swimming pool permit.
(8)
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.[2]
[Added 8-8-2005 by L.L. No. 1-2005]
[2]
Editor's Note: Said release form is on file
in the Village offices.
B.
No swimming pool shall be installed or maintained
unless:
(1)
The Building Department is satisfied that there shall
be no cross-connection with the public water supply system, if the
water for such pool is supplied from a private well.
(2)
The Building Department is satisfied that the inlet
shall be above the overflow level of the pool, if the water for such
pool is supplied from the public water supply system and double check
valve installed.
(3)
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.
[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:
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.
No permission shall be granted for the installation
of any swimming pool, unless the plans therefor meet the minimum Building
Department construction requirements or until the owner of the premises
has filed with the Building Department a certification, approved by
the Village Building Department, or by a professional engineer licensed
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 will not flow over into land or into land of
the adjoining property owner or over or into any abutting street or
any storm sewer. All water must be disposed of through adequate dry
wells.
[Added 6-13-2016 by L.L.
No. 2-2016]
If the use of the swimming pool should be discontinued or if
the swimming pool should, at any time, be in bad condition, the owner
will, on demand, fill in the pool and excavation to grade and will
not restore the pool to use except upon a further application for
a building permit.
