[HISTORY: Adopted by the Town Board of the Town of Webster 8-3-2006 by L.L. No. 2-2006. Amendments noted where applicable.]
Building construction — See Ch. 86.
Drainage, erosion and sedimentation — See Ch. 104.
Excavations and topsoil removal — See Ch. 117.
Subdivision of land — See Ch. 192.
Water — See Ch. 220.
Zoning — See Ch. 225.
Editor's Note: This local law superseded former Ch. 196, Swimming Pools, adopted 9-5-1958, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- A fence wall, building wall or combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool.
- SWIMMING POOL
- A portable or permanent swimming pool or tank, artificially constructed, installed and maintained, used primarily for bathing or wading as defined by the New York State Uniform Fire Prevention and Building Code.
- WADING POOL
- A portable or permanent pool, container, device or structure not meeting the requirements of a swimming pool.
A swimming pool may be permitted in any zoning district as an accessory structure to a principal building used for residential purposes. Said pool shall be for the exclusive use of the occupants of the principal building and their guests.
A swimming pool may be permitted in any multifamily residential district with site plan approval of the Planning Board. Said pool shall be for the exclusive use of the residents of the development and their guests.
A swimming pool may be permitted in any zoning district when said use is not an accessory structure to a principal building used for residential purposes only upon application to the Zoning Board of Appeals in accord with this chapter.
No swimming pool shall be constructed, built or erected without a building permit having been issued therefor.
Each application for a building permit to construct, build or erect a swimming pool shall be accompanied by plans in sufficient detail to show:
A plot plan of the property on which the pool is to be placed, showing the location of the pool in reference to side lines, rear lines and other buildings of the lot.
Pool dimensions, depth, and volume in gallons.
A waste disposal system.
An estimate of the cost of said pool.
The location and minimum height of the barrier around the pool.
No swimming pool or wading pool shall be built, constructed, erected or placed nearer to the side, rear or front lot lines than the side, rear or front setback lines required by the Zoning Ordinance of the Town of Webster.
The design of all barriers shall comply with the provisions of the New York State Uniform Fire Prevention and Building Code.
Lights on any pool shall be arranged so that they are not a nuisance or any annoyance to the neighboring property. They shall be so designed as to be directed on the pool or the adjacent area and shall not illuminate the neighbors' premises.
All electrical installations in or near swimming pools shall be in strict accord with the National Electrical Code as referenced by the New York State Uniform Fire Prevention and Building Code.
No person shall leave a wading pool uncovered and unattended in such a location or in such a manner as to create a hazard to children living in the neighborhood.
All drainage for swimming pools shall be so designed as not to interfere with the domestic sewer systems and water drainage systems with the neighboring properties.
In considering an application under § 196-2C of this chapter, the Zoning Board of Appeals shall apply the requirements of this chapter and shall set other reasonable requirements which shall be consistent with the proposed use of the property and the existing use of the neighboring properties. The Zoning Board of Appeals may require that the drainage system for such pools be approved by the Town Building Inspector and may require that the filtration and chlorination system of said pool be of adequate design and capacity so as to protect the safety and health of the users of the pool and the general public of the Town of Webster.
Any and all persons who shall violate any of the provisions of this chapter or who shall fail to comply therewith or shall fail to comply with any order issued thereunder or shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder shall severally, and for each and every such violation and noncompliance respectively, be subject to a penalty of $25 for each and every refusal to comply with an order and for each and every day that a violation exists, as the case may be.
The Town Board shall have the power to revoke any permit issued hereunder for the failure or refusal of any person to comply with an order issued pursuant hereto or because of the failure or refusal of any person to remedy any noncompliance with the provisions hereof within 10 days after notice thereof.
Before a permit maybe revoked by the Town Board, it shall hold a hearing upon five days' written notice directed by the United States mail to the holder of such permit. Such notice shall specifically state the nature of the hearing, the time and place where the same will be held and the cause for which the permit is sought to be revoked.
A permit, once revoked, may not be reinstated, but an application may be made to the Town Board for a new permit.