The Town Board of the Town of Chili in the County
of Monroe and the State of New York, in pursuance of the authority
conferred by the Town Law in the State of New York in order to promote
the health, safety and general welfare of the inhabitants of the Town
of Chili, enacts the following ordinance, which shall be known as
the "Swimming Pool Ordinance of the Town of Chili."
All construction and operation referred to in
this chapter must be in accordance with federal, state and local laws
and codes. All sanitation conditions must comply with the rules of
the State and County Boards of Health.
When used in this chapter, certain words and
terms shall have the following meanings:
ABOVEGROUND SWIMMING POOL
All swimming pools having all or any section of their exterior
wall above the surrounding ground level.
INGROUND SWIMMING POOL
All swimming pools having their entire water surface below
the level of the surrounding ground.
PERMANENT CONSTRUCTION
The installation of an above- or below-ground swimming pool
which requires more than a one-foot excavation for any part of the
pool, and/or constructed of concrete, wood, metal or other materials
and/or encircled or partly encircled by a deck or platform, any part
of which cannot be dismantled for storage.
SWIMMING POOL
All private or semiprivate swimming, bathing and wading pools,
above or below the ground, of a permanent or temporary nature, which
have a depth of more than 24 inches and/or a water surface of more
than 100 square feet and which are excavated, erected or constructed,
whether out of doors or inside a structure or building.
[Amended 12-3-2008 by L.L. No. 4-2008]
TEMPORARY CONSTRUCTION
The installation of an aboveground swimming pool which requires
less than a one-foot excavation for any part of the pool, with no
platform encircling or partly encircling the pool other than an entrance
platform four feet by four feet maximum size, all of which can be
dismantled and stored.
[Amended 7-11-1973; 12-3-2008 by L.L. No. 4-2008]
The location of a permanent or temporary swimming
pool on the property must meet the following requirements. Any deviation
from these requirements shall require a variance by the Zoning Board
of Appeals. Any swimming pool shall:
A. Not be placed in the front yard; however, any swimming
pool erected on a corner lot shall not be nearer than the secondary
frontage setback of the existing dwelling.
B. Be at least 10 feet from any side yard line and rear
yard line.
C. Be at least 15 feet from any portion of the main dwelling
for an inground swimming pool and at least 10 feet from any portion
of the main dwelling for an aboveground swimming pool (decks and open
porches excluded).
D. Be at least 10 feet from any active well, septic tank,
leach bed, etc.
E. Not endanger the health and/or safety of its user
and not unduly interfere with the use and enjoyment of the adjacent
property.
[Amended 12-3-2008 by L.L. No. 4-2008]
Every swimming pool presently constructed or
installed, or hereafter constructed or installed, shall be maintained
at all times in such manner as never to constitute a public nuisance
or a hazard or a menace to health or safety. Any such hazard which
may exist or develop in or in consequence of or in connection with
any such swimming pool shall be forthwith abated and/or removed by
the person in possession, owning or having jurisdiction over such
pool, upon receipt of notice from the Building Department.
[Amended 7-18-1979; 12-3-2008 by L.L. No. 4-2008; 6-14-2023 by L.L. No. 2-2023]
A person who shall violate any provisions of
this chapter or shall fail to comply therewith or shall violate or
fail to comply with any order or regulation made hereunder shall be
punishable, upon conviction, by a fine not to exceed $250.