As used in this chapter, the following terms shall have the meanings indicated:
ABOVEGROUND SWIMMING POOL
A swimming pool built on the ground, typically constructed of steel, having an interior vinyl membrane to contain the water, which can be drained and moved to another location if necessary.
[Added 8-3-2020 by L.L. No. 3-2020]
FENCE
An enclosure. Such enclosure shall be at least 42 inches in height and not exceeding six feet in height, constructed of masonry, wood, metal or wire no lighter than 11 gauge.
FRONT YARD
Shall mean the area of a lot lying between the street and the dwelling extending across the full width of the lot, and in case of a corner lot, extending the full depth of the lot.
IN-GROUND SWIMMING POOL
A residential or commercial swimming pool constructed or installed in ground by means of monolith concrete application, gunite application, prefabricated composite fiberglass unit installation or vinyl liner waterproofing PVC membrane installed over the composite or steel wall construction that creates permanent impervious structure and becomes a part of the real estate property.
[Added 8-3-2020 by L.L. No. 3-2020]
PERSON
Any person, copartnership, association, firm or corporation.
[1]
[1]
Editor's Note: The definition of "private swimming pool," which immediately followed, was repealed 8-3-2020 by L.L. No. 3-2020.
All private swimming pools other than portable aboveground pools in the Town of Hamburg erected, constructed, excavated either below, partly above or below grade, installed upon the premises within the Town of Hamburg, shall require a building permit.
A. 
Building permit application shall be made to the Building Department and shall be accompanied by:
(1) 
Two complete sets of construction plans drawn accurately to scale or two copies of literature and plans or sketches provided by the pool manufacturer, in form acceptable to the Building Department.
(2) 
Two complete sets of plot plans showing all lot lines, existing structures and yard measurements, drawn accurately to scale.
B. 
All plans for private, permanent swimming pools of a capacity in excess of 1,500 cubic feet contained within a building or erected above or below ground level shall be designed by a licensed New York State Professional Engineer or Architect.
Each application for permit shall be accompanied by the required fee of $15 plus $5 per 1,000 cubic feet capacity in excess of 3,000 cubic feet.
A bathhouse, cabana, pump house, filter house or other structure erected in connection with any such private pool shall require a building permit and shall comply with the State Building Code (L.L. No. 5-1965)[1] and Town of Hamburg Zoning Code (L.L. No. 4-1966)[2] and any and all local laws and ordinances and amendments hereafter adopted within the Town of Hamburg applicable thereto.
[1]
Editor's Note: See Chapter 76, Building Code.
[2]
Editor's Note: See Chapter 280, Zoning.