[Added 11-27-1990 by L.L. No. 10-1990]
As used in this article, the following terms shall have the meanings indicated:
SWIMMING POOL
Any outdoor receptacle, structure, tank or excavation constructed for the purpose of holding water, which retains water at any point to a depth of at least 18 inches and is more than 30 inches in width at any point. The term "swimming pool" shall also include adjacent decks, diving boards, slides, equipment, machinery and other appurtenances.
[Amended 1-10-1994 by L.L. No. 1-1994]
A swimming pool shall be permitted only in a residential district and only as an accessory use to a principal dwelling located on the same lot or premises.
A. 
No swimming pool shall be installed except with the permission of the Board of Trustees.
B. 
No permit for a swimming pool shall be issued by the Board of Trustees except upon application as provided by this section and after a public hearing as required by this article.
C. 
Every application for a permit for a swimming pool shall be accompanied by:
(1) 
A dimensioned site plan, drawn to scale and showing the location of all details, including the location of any fence to be constructed or used in conjunction with the proposed swimming pool.
[Amended 9-9-1996 by L.L. No. 14-1996]
(2) 
Detailed drawings, duly certified by a licensed professional engineer or architect and including water supply, overflow, filtration and drainage systems and the location of any proposed fencing and all other above-grade appurtenances.
(3) 
A landscape plan in accordance with § 203-95 of this article.
(4) 
The approval of the Manhasset-Lakeville Water District or any other agency having jurisdiction of water supply.
(5) 
Such other information as would be required for an application to the Board of Appeals for a variance.
(6) 
Such other information as may be required by the Board of Trustees.
A. 
Prior to the issuance of any permit for a swimming pool, the Board of Trustees shall hold a public hearing on such application. Notice of such hearing shall be given to all owners of property within 100 feet of any part of the premises upon which it is proposed to locate such swimming pool.
B. 
The application fee for a permit for a swimming pool shall be established by the Board of Trustees.
C. 
No permit for a swimming pool shall be approved by the Board of Trustees unless the Board of Trustees determines that the health, safety, comfort and welfare of the community will be secure and that the proposed swimming pool will not be detrimental to the general character of the district or to the orderly development of the village, and will not have any substantial adverse effect upon any adjoining property.
D. 
Within six months after the approval of the Board of Trustees for a permit for a swimming pool, the applicant shall obtain a building permit for the construction of said swimming pool, and the construction of said pool shall be completed within one year after the approval of the permit by the Board of Trustees. Upon written application made prior to the expiration of such periods of time, the Board of Trustees may grant an extension of time for such acts, provided that no such extension shall continue more than six months from the date originally provided for the completion of such act. In the event that the applicant does not obtain the building permit and complete the swimming pool within the required period of time, the approval of the Board of Trustees shall expire.
A. 
No swimming pool shall be located in a front yard.
B. 
No swimming pool shall be located closer than 20 feet to the rear or side property lines of the premises.
C. 
The area within the walls of any swimming pool shall not exceed 25% of the area of the yard in which the pool is installed and located.
D. 
No swimming pool shall be higher than three inches above the average exterior grade of the ground surrounding such pool as it existed prior to the installation of such pool. No swimming pool shall in any case be higher than six inches above the finished grade surrounding such pool at any point. Notwithstanding the foregoing, diving boards, stairs and enclosed equipment and machinery may have a maximum height of 48 inches above such finished grade.
A. 
To promote safety and to prevent accidental injury to or drowning of children or others, every swimming pool heretofore or hereafter constructed or maintained shall be completely enclosed by a fence of a design approved by the Building Inspector. Such fence shall be located not less than four feet from the nearest side of the pool.
[Amended 9-9-1996 by L.L. No. 14-1996]
B. 
Such fence shall be supported by sturdy posts and shall be maintained in a sturdy and secure condition at all times.
C. 
Such fence shall be at least four feet in height and shall provide not more than two inches of space between the bottom of the fence and the ground at any point.
D. 
All points of entry through such fence to the swimming pool shall be equipped with self-closing spring lock doors or gates, which can be opened from outside the fenced area only by means of a key.
E. 
Each gate or door and spring lock shall be maintained in proper working order so that such gate or door shall be kept closed and locked at all times, except while the gate or door is in actual use, whether or not the swimming pool is occupied or in use and whether or not the swimming pool is filled with water.
F. 
Any person who maintains, operates or causes or permits the maintenance or operation of a swimming pool without complying with the requirements of this section as to fences, gates and doors shall be guilty of a violation.
G. 
No fence shall be erected for use in conjunction with a swimming pool except pursuant to a permit for the construction of such fence.
[Added 1-10-1994 by L.L. No. 1-1994]
[1]
Editor's Note: See also § 203-107, Fences.
A. 
Where water for a swimming pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
B. 
Where water for a swimming pool is supplied from a public water system, the inlet shall be above the overflow level of the swimming pool, and appropriate equipment shall be installed as required by the Code Official to ensure the safety of the public water system.
C. 
The overflow and drainage systems of all swimming pools shall be adequate to dispose of water without interfering with adjoining properties, public water supply systems, existing drainage facilities or the streets, roads and highways of the village. No connections into the sanitary sewerage system shall be permitted. No swimming pool shall be emptied into any storm sewer system without the permission of the authorities having jurisdiction over that system.[1]
[1]
Editor's Note: See Ch. 159, Sewers.
D. 
Every swimming pool shall be provided with an adequate filtration system which will provide compliance with the requirements of § 203-94.
All swimming pools shall be maintained and operated in accordance with the provisions of this Article and all other applicable laws, rules and regulations of the Village of Thomaston, the Town of North Hempstead, the County of Nassau and the State of New York and any agency, board or department of any such governmental authority with jurisdiction over swimming pools. In addition, all swimming pools shall be operated and maintained in accordance with recommendations of the Nassau County Department of Health with respect to the care and maintenance of small swimming pools.
A. 
Lights and other electrical facilities within proximity to a swimming pool shall be of a proper type and grounded in accordance with the requirements of the National Board of Fire Underwriters, the New York State Uniform Fire Prevention and Building Code[1] and the provisions of the Code of the Village of Thomaston.[2]
[1]
Editor's Note: See Executive Law, Art. 18, § 370 et seq.
[2]
Editor's Note: See Ch. 84, Electrical Standards.
B. 
No swimming pool shall be located within 20 feet of any above-ground electrical power lines, cables, wires or poles to which such lines, cables or wires are attached.
C. 
All metal enclosures, fences or railings near or adjacent to an outdoor swimming pool which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.
D. 
If a swimming pool is lit, the lights shall be installed so that the sources of illumination shall not be visible from any point beyond the property line of the premises upon which the pool is installed and so as to avoid the casting of light on adjoining properties or on the street.
The area adjacent to the fence surrounding every swimming pool shall be screened by plantings in accordance with a landscape plan submitted to and approved by the Board of Trustees at the time of permit approval as provided in this Article.
A. 
The owner of any property where a swimming pool is located and which pool is to be abandoned shall give written notice to the Village Clerk of intention to abandon the swimming pool. Such notice shall be given at least 30 days before the pool is abandoned.
B. 
No swimming pool shall be abandoned or its use permanently discontinued unless the owner fills such swimming pool with clean earth fill and restores the surface of the ground to its original grade and condition as before the pool was installed.
C. 
In the event that the owner of premises where an abandoned swimming pool is located shall fail to fill such swimming pool within 30 days after receipt of written notice given by the Building Inspector, the village may, in addition to all other available remedies, proceed to fill such swimming pool, and the expenses of so doing shall be a charge upon said property and shall be collected in the same manner as taxes levied and assessed against the property.
A. 
The Building Inspector and Code Official are hereby charged with the duty of enforcing this Article. Each such official or the deputy of such official shall have the authority to enter upon any private premises in the village for the purposes of determining whether or not the provisions and requirements of this Article have been complied with in the construction, installation, maintenance or operation of a swimming pool.
B. 
The Building Inspector and Code Official shall be empowered to compel the removal of any swimming pool which fails to meet the requirements of this Article or any condition upon which a permit for such swimming pool was approved by the Board of Trustees.