[HISTORY: Adopted by the Board of Trustees
of the Village of Old Field 1-23-1965. Amendments noted where applicable.]
[Amended 2-14-1995 by L.L. No. 1-1995]
As used in this chapter, the following terms
shall have the meanings indicated:
Any body of water or receptacle for water made of steel or
concrete or of any other material commonly used therefor and installed
either in a depression or above ground in such manner as to be affixed
in or to the ground, having a depth at any point greater than four
feet, used or intended to be used for bathing or swimming and installed
and maintained outside a residential building on private property
within the limits of the Incorporated Village of Old Field.
Any body of water or receptacle for water having a depth
of less than four feet, used or intended to be used for wading and
installed and maintained in or above ground outside a residential
building on private property within the limits of the Incorporated
Village of Old Field.
For the purpose of safeguarding the safety and
health of the community, the following specific conditions are hereby
imposed on all swimming pools.
[Amended 8-26-1967; 2-14-1995 by L.L. No. 1-1995]
A swimming pool may be constructed in the back
yard only, no closer than 25 feet to the lot lines, and shall occupy,
including the apron or walkway hereinafter referred to, not more than
40% of the back yard area.
[Amended 2-14-1995 by L.L. No. 1-1995; 6-9-2009 by L.L. No. 2-2009]
All swimming pools shall be surrounded by a suitable enclosure
or barrier that complies with the New York State Uniform Fire Prevention
and Building Code.
[Amended 2-14-1995 by L.L. No. 1-1995]
A.
A walkway constructed of cement, brick, stone, nonskid
tile or similar materials, at least four feet in width, shall be built
on all sides of the pool.
B.
Although the pool proper may not be closer than 25
feet to the lot line(s), the walkway may project into or be partially
constructed within 25 feet of the lot line(s) mentioned above.
A.
Water drained from a swimming pool, unless by special
permission of the Board of Trustees the same is drained directly into
Long Island Sound or any tributary thereto, shall be completely drained
on the lot whereon such pool is located and into a dry well which:
(1)
Shall not be located nearer than 20 feet to the nearest
cesspool, whether on the property of the owner of such pool or on
any adjoining property.
(3)
Shall have a capacity of at least twice the amount
of water which may be discharged from such pool during one normal
backwash operation and shall have a vertical sidewall at least 10
feet in height, unless the depth to the sand drainage level where
such dry well is located shall be less than 10 feet, in which case,
the height of the vertical sidewall shall be sufficient to reach said
sand drainage level.
B.
If and when more than one drain from such pool is
connected, the size of such dry well shall be proportionately increased.
C.
No wastewater, other than from the pool, shall discharge
into such dry well, and no wastewater from any pool shall discharge
into a septic tank, cesspool or other sewage disposal system.
D.
All applications and plans submitted in connection
therewith shall indicate the approval of any local water district
or other governmental agency having jurisdiction of the local water
supply.
E.
All plumbing work must be performed by a licensed
master plumber.
No swimming pool shall have a water capacity
in excess of 7,500 gallons without a recirculating and filtering system
of sufficient capacity to meet good public health standards.
A.
No electric wiring for lighting or other use, other
than for lighting which is part of and enclosed in the swimming pool
structure, shall be closer than 15 feet to said pool, nor shall current-carrying
electrical conductors cross said pool, either overhead or underground.
B.
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.
No swimming pool shall be located closer than
20 feet to any cesspool or dry well (excluding leader dry wells) on
the property on which such pool is located or adjacent property.
All swimming pools presently existing or hereafter
installed and erected shall be subject to any and all ordinances,
rules and regulations now or hereinafter enacted by the Suffolk County
Department of Health or by the Health Department of the State of New
York. Each such pool shall be chemically treated in a manner sufficient
to maintain the bacterial standards established by the provisions
of the New York State Sanitary Code relating to public swimming pools.
No water from a public water supply shall be
introduced into a swimming pool other than by means of a permanent,
rigid system of piping, having an air-gap delivery connection of not
less than six inches in vertical line above the flood rim of the pool.
If water is supplied from a private well, there shall be no cross-connection
with any public water supply system.
A.
An application for a permit for a swimming pool shall
be accompanied by proof of written notice thereof to all abutting
property owners and by plans, in duplicate, prepared or approved and
signed by a registered architect or professional engineer, licensed
by the State of New York, in sufficient detail to show:
(1)
Location and size of the plot.
(2)
Location of the site in relation to adjacent properties.
(3)
Location of all buildings and structures presently
on the plot and all buildings and structures on adjacent properties
within 15 feet of the lot line.
(4)
Location of all cesspools within 50 feet of the pool
or the dry well proposed to be installed or used in connection therewith.
(5)
Size of the pool, including dimensions, design and
elevation thereof, drainage, sewerage, sanitary facilities, safety
walkway around the pool, fence pests and the location of such fence
in addition to said pool, and the dimensions, location and materials
from which made, including wiring and plumbing and heating and ventilating
plans and equipment, of any building or structure, temporary or permanent,
housing or enclosing said pool or part thereof.
[Amended 8-26-1967]
(6)
Location of all electrical wiring and lines.
(7)
Computation showing percentage of land usage.
B.
Such application shall also be accompanied by a certification
by a professional engineer, licensed as aforesaid, that the drainage
of such pool is adequate and will not interfere with the public water
supply system, with existing sanitary facilities or with the public
highway.
[Added 8-26-1967; amended 2-14-1995 by L.L. No. 1-1995]
Upon completion of construction, there shall
be screening or landscaping sufficient to screen the pool and its
permanent enclosure from adjacent property.
[Amended 2-14-1995 by L.L. No. 1-1995]
The fee for a permit for the installation and
erection of a swimming pool of permanent construction shall be set
by resolution of the Board of Trustees.
In addition to the conditions specifically set
forth in this chapter, a permit, when issued, may also have endorsed
thereon any other, further and different conditions or provisos having
a reasonable relation to the operation, maintenance, construction
and use of such pool as may be stated thereon by the Board of Trustees.
If the use of a swimming pool is abandoned,
such pool shall be filled in or removed and the depression thereby
left filled in, and the surface of the ground shall be restored to
its original grade and approximate condition existing before construction
of the pool, and the Building Department of the Village shall be notified
of such abandonment and restoration so that an inspection of the site
may be made and the records of the permit marked accordingly.
No body of water or receptacle for water composed
primarily of plastic materials, installed in or above ground in such
a manner as to be removable, having a depth of two feet or more and
used or intended to be used for bathing or swimming shall be constructed,
installed, used, erected or maintained outside a residential building
within the limits of the Incorporated Village of Old Field.
A wading pool having a plane surface area of
water greater than 100 square feet shall conform to the requirements
for a swimming pool as hereinbefore set forth. Any wading pool having
a plane surface of water area less than 100 square feet shall not
require a permit and shall be subject only to the following requirements:
The Building Inspector of the Incorporated Village
of Old Field is herewith charged with the duty of enforcing this chapter,
and it is herewith specifically provided that the Building Inspector
shall have the authority to enter upon any private premises within
the Incorporated Village of Old Field to determine whether or not
the provisions and requirements of this chapter have been complied
with in the construction or maintenance of any swimming pool or wading
pool.
Any swimming pool or wading pool requiring any
structure above ground and any accessory buildings or structures used
in connection with any such pool shall conform to the provisions of
the Building Code of the Incorporated Village of Old Field.[1]
[1]
Editor's Note: The Village of Old Field enforces
the New York State Uniform Fire Prevention and Building Code as the
building code of the Village.
Subject to the provisions of § 99-19 covering wading pools having a plane surface of water area less than 100 square feet, no existing swimming pool or wading pool shall be maintained, operated or used after the expiration of three months after the effective date of this chapter unless a permit for such use and the continued maintenance of such pool shall have been issued by the Board of Trustees. Application for such permit shall be made in the same manner, accompanied by the same plans as required for construction, erection and installation after the effective date of this chapter of swimming pools and wading pools, except to the extent that details required to accompany such application as provided herein may be waived by the Board of Trustees. Existing pools shall conform to the requirements hereof to the same extent as pools of the same type of construction erected and installed after the effective date of this chapter, except that the Board of Trustees, upon finding that any of such requirements cannot reasonably be complied with in the case of an already-existing pool, may dispense therewith. The fee for a permit for an already-existing pool shall be $25.
A permit granted for the construction, erection
or installation of a pool covered by the provisions of this chapter
shall lapse at the expiration of six months from its date of issuance
unless, prior to the expiration of such six months, the permittee
shall have commenced construction and diligently continued the same
and achieved substantial construction within such period. Every such
permit for the construction, erection, installation, maintenance or
use of a pool covered by the provisions of this chapter, which permit
shall have been granted upon conditions or provisions, shall immediately
lapse in the event that such conditions or provisions shall not have
been complied with or, having been complied with, compliance therewith
is or has been discontinued.
[Amended 11-19-1985 by L.L. No. 2-1985]
A.
A violation of this chapter may be enforced in accordance with Chapter 121, Zoning.
[Amended 2-14-1995 by L.L. No. 1-1995]
B.
The Building Inspector or such other person as may
hereafter be designated by the Board of Trustees to enforce the provisions
of this chapter may institute any appropriate action or proceeding,
by legal process or otherwise, to prevent such unlawful construction,
erection, installation, maintenance or use or to restrain, correct
or abate such violation or to prevent any illegal act, conduct or
use in or about such premises.[1]
[1]
Editor's Note: Former Subsection C, which
immediately followed this subsection and set out penalties for a violation,
was repealed 2-14-1995 by L.L. No. 1-1995.
