[HISTORY: Adopted by the Borough Council of the Borough of
West Conshohocken 10-11-1977 by Ord. No. 323. Amendments noted where
applicable.]
From and after the effective date of this chapter, it shall be unlawful for any person, corporation or association to erect or construct or maintain or permit to exist any dam, swimming pool, wading pool, quarry, sink hole or other similar excavation containing or capable of containing water, which must be enclosed pursuant to § 49-2 hereof, within the Borough of West Conshohocken without first having obtained a permit for the enclosure thereof from the Borough. Application therefor shall be made upon a form to be submitted by the Borough Secretary and shall be accompanied by a fee of $10. Application shall be accompanied by a plan of the dam, swimming pool, wading pool, quarry, sink hole or other similar excavation showing specific dimensions as to area and depth and of the enclosure required under the provisions of this chapter.
No dam, quarry, sink hole or other similar excavation containing
water or capable of containing water where the water's edge is
located within or less than 100 feet, measured by a straight line,
from the nearest structural part of any dwelling house, church, school,
road, street, highway or park, not including the dwelling house or
houses owned by the owners of the dam, quarry, sink hole or other
similar excavation, and no swimming pool or wading pool, in any of
which is maintained water in excess of three feet in depth at the
deepest point and in which said water is permitted to accumulate and
remain for a period of 48 hours, shall be hereafter erected or constructed
or maintained or permitted to exist within the limits of the Borough
unless and until an enclosure of four feet in height is erected surrounding
the water area of the dam, swimming pool, wading pool, quarry, sink
hole or other similar excavation.
Within 60 days after the effective date of this chapter and upon receipt of the notice required by § 49-4 hereof, any person, corporation or association maintaining a dam, swimming pool, wading pool, quarry, sink hole or other similar excavation within the limits of the Borough which has been constructed or existed before the effective date of this chapter, shall comply with all of the provisions of § 49-2 of this chapter, and shall erect an enclosure four feet in height surrounding the water area of said dam, swimming pool, wading pool, quarry, sink hole or other similar excavation.
It shall be the duty of the Borough to determine when such enclosure
shall be erected and to give written notice to the owner, tenant or
occupier to comply with such notice in accordance with the terms of
this chapter.
Any person, corporation or association receiving the notice set forth in § 49-4 herein may, in lieu of erecting the enclosure as required, remove the hazardous conditions forthwith.
[Amended 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
Any person violating the provisions of this chapter shall be subject to the provisions detailed in Chapter 53A of the Code of the Borough of West Conshohocken.
