[Added 11-27-1990 by L.L. No. 10-1990]
As used in this article, the following terms
shall have the meanings indicated:
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.
(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]
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]
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]
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.
Any person, firm, association, corporation or
other entity which does any act in violation of this Article shall
be guilty of a violation.
