[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 7-10-1978 as L.L. No. 7-1978, effective 7-14-1978. (Local Law No. 7-1978 was included as
Ch. 14 of the Unified Code of Ordinances.) Section 300-5 amended at time of
adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 126.
As used in this chapter, the following terms shall have the meanings
indicated:
A noncommercial swimming, bathing or wading pool to be used solely
by the owner or lessee thereof and for his family and by friends invited to
use the pool without payment of any fee. Portable pools having a water capacity
of seven hundred (700) gallons or less and a height of eighteen (18) inches
or less shall be exempt from the requirements of this chapter.
Every outdoor private swimming pool which is built in ground or, if
above ground, has a permanent, nonremovable, attached ladder shall be completely
enclosed by a fence of durable construction or other suitably effective enclosure
not less than four (4) feet in height. A dwelling house or accessory building
may be used as a part of such enclosure. Any opening or mesh in the fence
as finally constructed shall be no greater than sixteen (16) square inches
in area, except that, in case of a picket fence, space between pickets shall
not exceed four (4) inches. Every gate of such fence shall be self-closing
and shall be kept securely locked at all times.
A.
No pool shall be erected or constructed in the front
yard of any premises.
B.
No pool or its appurtenances, including but not limited to its filter and heater, shall be erected or constructed on any lot closer than six (6) feet to the rear property line, with side yard setbacks as prescribed by the Schedule of Minimum Requirements for Residential Districts, Chapter 342, Zoning, or, in the case of a corner lot, no closer than ten (10) feet to any property line along an abutting street.
C.
No pool shall occupy more than forty percent (40%) of
the area of the rear yard, exclusive of all garages or other accessory structures
located in such area.
D.
All electrical and plumbing work shall be done by persons
licensed by the Village of Mamaroneck. Where applicable, approval of the New
York State Board of Fire Underwriters shall be obtained and filed.
E.
The location of the pool shall be such that it will not
adversely affect any neighboring premises, property or structures.
F.
The lighting provided shall be installed in such a way
that it will not create a nuisance or annoyance to adjoining property owners.
G.
Suitable screening and/or landscaping, at a minimum height
of four (4) feet, shall be provided between the instant premises and all adjacent
properties or streets.
H.
All equipment shall be so constructed that it may be
used without causing any discomfort or disturbance to persons residing adjacent
to or near the pool.
I.
In all other respects, the pool shall be free from any
objection on the grounds of safety or health and welfare of the community
and the surrounding neighborhood in particular, and it shall comply with the
provisions of the Sanitary Code of the County of Westchester and the Sanitary
Code established by the Public Health Council of the State of New York so
far as any of the provisions of such code may be applicable.
J.
The Building Inspector may impose such reasonable conditions
as he deems proper to assure neighboring properties and owners that their
health and safety and peace and comfort will be protected.
Application for such a permit shall be signed by the owner of the premises
and shall be made to the Building Inspector of the Village of Mamaroneck,
who shall furnish the necessary forms for such application. Specifications
and data for the construction of such swimming pool shall be submitted with
such application, including but not limited to:
A.
A profile showing levels and depths of water at all points.
B.
Cross sections showing scum gutters and skimmers with
all structural details.
C.
A pipe diagram showing size and location of all inlets,
outlets, waterlines, waste and discharge lines, circulation and other piping.
D.
Pool equipment showing detail and location of filters,
pumps, chlorinators, strainers and hair and lint interceptors.
E.
Drains and drainage from the pool structure to a sanitary
sewer.
F.
Pool to be filled with an over-the-lip spout above the
overflow level of the pool so that there is no chance of water from the pool
siphoning back into the fill line.
G.
A site plan showing the proposed location of the pool,
all accessory equipment, fences, screening and landscaping, accessory buildings
and any other items deemed to be pertinent by the Building Inspector.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Every application shall be accompanied by a fee in accordance with the schedule provided for in § 126-14 of Chapter 126, Building Construction, and as set forth in Chapter A347, Fees, as it may, from time to time, be amended and in effect at the time of the application.
The Building Inspector shall grant the application, provided that all
the requirements herein are met.
Any person aggrieved by the action of the Building Inspector in denying
such permit may take an appeal therefrom to the duly constituted Board of
Appeals of the Village of Mamaroneck in the same manner as is provided for
zoning appeals, and such Board of Appeals, after proceeding in the same manner
as is provided for zoning appeals and with the same power and authority therein
vested in passing upon appeals before it under the provisions of law and the
Zoning Ordinance of the Village of Mamaroneck[1] and in the exercise thereof, may reverse, modify or affirm the
action of the Building Inspector.
Any permit for a pool is subject to revocation if the pool is maintained
in such a way as to constitute a nuisance or to be detrimental to the health
and safety and peace and comfort of the persons residing near or adjacent
to the pool. If the Building Inspector finds such a condition to exist, he
shall serve upon the owner or lessee or occupant of the premises containing
the pool a notice of revocation to be heard by the Board of Appeals. The notice
shall state the place and time of the hearing, not less than ten (10) days
thereafter, and shall be served in person or by registered or certified mail.
At such hearing, the Board of Appeals may revoke the permit or make such other
determination as, in its opinion, the circumstances warrant.
