[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 11-1-2002 by L.L. No. 14-2002. Amendments noted
where applicable.]
This chapter shall be known as the "Town of
Shelter Island Swimming Pool Regulations Local Law."
The Town Board of the Town of Shelter Island
finds that the regulation of swimming pools is in the best interest
of the public in order to:
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(i)
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Protect the fresh water resource from depletion,
salt-water intrusion and the introduction of toxic chemicals into
the water table;
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(ii)
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Minimize damage to septic systems from the destruction
of helpful bacteria and the creation of chemical compounds in the
soil; and
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(iii)
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Protect the local marine environment from destruction
by pool chemicals.
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This chapter is adopted as a local law pursuant
to the authority of the Municipal Home Rule Law.
As used in this chapter, the following terms
shall have the meanings indicated:
The duly appointed Building Inspector of the Town of Shelter
Island.
Waste water from a swimming pool.
The first filling of a swimming pool with water after construction
or after all water has been removed due to major repair or reconstruction.
A mechanism that removes particles of dirt and organic debris
from the circulation system of a swimming pool.
Salt waters of bays, estuaries, creeks and wetlands.
Any person, firm, partnership, corporation or organization
of any kind holding legal title to real property in the Town of Shelter
Island.
The refilling of a swimming pool after drainage of two feet
or more of water as measured from the location of the bottom of the
skimmer.
The overflow at the operating water level of a swimming pool
used to recycle and return water to the filter system for cleaning.
The surface and body of water which include streams, ponds,
bays, estuaries, creeks and wetlands.
An enclosed container of water more than 10 feet in length
with a depth of 24 or more inches constructed for swimming or therapeutic
purposes. A swimming pool may be aboveground, in-ground or within
a building.
A.
No swimming pool shall be installed or reconstructed,
nor a fresh water swimming pool filled or refilled without a permit
issued by the Building Inspector.
B.
Any application to install or reconstruct (any expenditure
for repair, maintenance or renovation in excess of $5,000 a swimming
pool shall be submitted to the Building Inspector by the owner and
shall include the following information:
(1)
The name of the owner of the real property.
(2)
A land survey certified by a licensed engineer of
the subject property, at a scale of not less than 40 feet to the inch
showing the location and dimensions of the proposed swimming pool,
including decking, associated equipment and safety fencing.
(3)
The same certified land survey showing the location
and actual distances of all buildings, wells, and septic systems from
the proposed swimming pool, and the location and actual distances
of wells and septic systems, dry wells on adjoining properties, from
the proposed swimming pool and related dry wells.
(4)
The proposed layout of the water management system
including dry wells, filter type, pumps, heating equipment, source
of water supply and, if connected to a public water system, the location
of backflow prevention devices.
(5)
All pool related equipment (i.e., pumps, filters, heating equipment) must meet the setback requirements of Chapter 133 of the Code of the Town of Shelter Island.
(6)
A plan for the permanent installation of equipment
for water management including:
(a)
A filter system. The installation of a new sand
filter is prohibited. Existing sand filters must be replaced with
a more efficient and less water consuming filter by May 1, 2005. Because
of their special needs, commercial pools may use a sand filter.
[Amended 2-13-2015 by L.L. No. 3-2015]
(b)
One or more dry wells, as determined by the
Building Inspector, of not less than eight feet by eight feet or equivalent
dimensions on shallower linked dry wells for discharge of effluent
from freshwater swimming pools, and must be installed no less that
two feet above water table levels.
(c)
Effluent drywells must be vented or covered
with a grate and sited at least 50 feet from any wells supplying potable
water and at least 75 feet from all surface waters, including freshwater
and tidal wetlands and at least 20 feet from any septic system, including
such facilities on neighboring properties.
[Amended 3-11-2005 by L.L. No. 1-2005; 5-12-2017 by L.L. No. 5-2017]
(7)
A proposed installation or reconstruction plan for
the swimming pool providing for minimum site disturbance and control
of runoff and sediments through the use of straw bales, berms, silt
traps or other measures required by the Building Inspector.
(8)
Any permits required by other agencies.
(9)
Application fee as established from time to time by
resolution of the Town Board.
(10)
Any other information that may be required by the
Building Inspector.
C.
Applications to fill or refill a swimming pool shall
identify the supplier of the pool water. Applicants shall provide
the Building Inspector with a copy of the water receipt prior to issuance
of a certificate of occupancy. Failure to do so shall be a violation
of this Code.
D.
Installation of fencing.
(1)
Permanent fencing. A permanent fence must be installed
within 90 days from start of excavation.
(2)
Temporary fencing. A temporary fence must be installed
around the excavation site at the time construction commences and
shall remain in place until replaced by a permanent fence.
(3)
Gates
across the driveway may not be included as part of the pool fencing
required by state code, unless the gate is self-latching.
[Added 4-17-2009 by L.L. No. 4-2009; amended 8-21-2009 by L.L. No.
14-2009]
E.
All excavations for the construction of a pool must be above the
water table. There shall be no dewatering allowed in any pool construction.
[Added 8-26-2016 by L.L.
No. 3-2016]
A.
Effluent may not be discharged directly to marine
or fresh surface waters, tidal or fresh wetlands, the face of a bluff,
or onto adjacent property or road surface.
B.
Acids used for maintenance must be neutralized before
disposal.
C.
A swimming pool may not be drained directly into a
sewer or septic system.
D.
A swimming pool may not be drained any more than two
feet below the skimmer unless drainage is required for repair or reconstruction.
E.
Fresh water pools must be filled and refilled from
an off-island water supply.
F.
Permanent fencing surrounding the pool must be installed
in accordance with state and Town requirements within 90 days of start
of excavation.
(1)
Fence enclosures must be in accordance with New York
State Building and Fire Code Section AG105.
G.
Abandoned swimming pools are prohibited and must immediately
be removed and the resulting pit filled with clean upland sand, including
not less than six inches of topsoil for revegetation of the site.
H.
Personnel servicing swimming pools must be certified
at a minimum level of Tech 1 by the National Spa and Pool Institute.
A.
In the event that the Town Board certifies the existence
of an emergency situation threatening the availability or quality
of the fresh water supply within the Town, the Town Board may immediately
enact whatever legislation it deems necessary to preserve and protect
the health, safety and welfare of the Town, pursuant to § 20-4
of the Municipal Home Rule Law.
B.
The Town Board reserves the right to enact additional
rules and regulations with respect to swimming pools. Any permit hereafter
issued shall be issued subject to the holder thereof conforming to
the rules and regulations now in force and effect or that thereafter
may be adopted by resolution of the Town Board.
The Building Inspector shall administer and
the Building Inspector and Police Department shall enforce the provisions
of this chapter.
[Amended 4-18-2008 by L.L. No. 3-2008]
Any offense against any provision of this chapter
shall be punishable by a fine not less than $500 and not more than
$2,000 and/or five days in jail and the revocation of any permit issued
hereunder.
In the event that any portion of this chapter
is found by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of
this chapter.
