[HISTORY: Adopted by the Board of Trustees
of the Village of East Aurora 8-15-1960 (Chapter 82 of the 1972 Code). Amendments noted where applicable.]
No outdoor water pool shall be constructed,
erected or maintained in the Village of East Aurora except in conformance
with this chapter.
An "outdoor water pool" shall, for the purpose
of this chapter, be construed to mean any artificial swimming pool
or tank which shall cause the retaining of water to a greater depth
than 24 inches. The word "pool" shall be construed to mean outdoor
water pool.
[Amended 5-6-1974]
A.
No outdoor water pools shall be constructed, erected or maintained unless a permit for the same has been issued by the Code Enforcement Officer of the Village of East Aurora. An application for such permit shall be on such form as may be furnished by the Code Enforcement Officer and shall be accompanied by complete plans and specifications for the pool, the plan for the disposal of water, a lighting plan, a heating plan, a filtration plan, a chemical handling equipment plan, if any, the type and location of fencing, decks, patio or terrace, a survey or map of the property showing the location thereof with respect to the boundary lines of the land of the applicant and a statement as to whether the proposed outdoor water pool will be used as a private pool in connection with the applicant's private residential property. A permit may be issued only upon application by the owner of said land. The fee for such permit shall be as set forth in Chapter 137, Article II, of the Code of the Village of East Aurora, New York.
[Amended 5-20-1985 by L.L. No. 15-1985; 1-8-1990 by L.L. No. 1-1990]
B.
Exception; permit to construct.
(1)
No outdoor water pool intended for use as other than
a private pool in connection with the applicant's private residential
property shall be constructed, erected or maintained unless a permit
has been issued by the Code Enforcement Officer upon authorization
by the Board of Trustees of the Village of East Aurora, and only after
recommendation by the Planning Commission of the Village of East Aurora
with regard to the user's health, safety and general welfare.
[Amended 1-8-1990 by L.L. No. 1-1990]
(2)
An application for a permit to construct an outdoor water pool other than a private pool in connection with the applicant's private residential property shall be accompanied by plans and specifications for toilet facilities, shower facilities and special cover and fencing facilities in addition to the plans and statements required to be submitted with the application by Subsection A of this section.
(3)
Public swimming pools shall be regulated by the New
York State Sanitation Code: Regarding Swimming Pools and Bathing Beaches,
in addition to the foregoing requirements of this section.
[Amended 5-6-1974; 1-8-1990 by L.L. No. 1-1990]
No pool shall be constructed or maintained except
of materials having adequate strength to retain the water to be contained
therein. Each pool shall be designed in accordance with sound engineering
practice. All construction shall be in accordance with generally accepted
standards established by the New York State Uniform Fire Prevention
and Building Code.
[Amended 5-6-1974]
A.
All pool water shall be maintained in a safe and sanitary
condition.
(1)
Filtering, recirculating and chemical treatment systems
shall be of adequate capacity to maintain sanitary water conditions.
(2)
Heating equipment shall be installed and maintained
in accordance with generally accepted standards established by the
New York State Uniform Fire Prevention and Building Code.
[Amended 3-14-2006 by L.L. No. 1-2006]
B.
Water disposal. Water overflowing from the pool, and
when the pool is emptied the water therefrom, shall be disposed of
on the owner's land or into the nearest storm sewer or natural watercourse
and shall be prevented from flowing over or onto the land of any adjoining
property owner, or over or into any abutting street.
[Amended 3-14-2006 by L.L. No. 1-2006]
Every pool shall have an enclosure which conforms
to the requirements of the New York State Uniform Fire Prevention
and Building Code.[1]
[1]
Editor's Note: Former § 82-7, Perimeter
required, which immediately followed this section, was deleted 3-14-2006
by L.L. No. 1-2006.
Should the owner abandon the pool, he shall
arrange to remove the depression and return the surface of the ground
to its original grade and approximately the same condition as before
the pool was constructed, and he shall further notify the Village
Clerk of the abandonment so that inspection of the site may be made
and the records of the permit be marked accordingly.
[Amended 5-6-1974; 1-8-1990 by L.L. No. 1-1990]
Pools shall only be located in the rear of the
required setback line and shall not be located in any part of a required
minimum side yard, nor shall any pool or pool-related equipment be
constructed, installed or maintained less than 10 feet from any lot
line.
[Amended 1-8-1990 by L.L. No. 1-1990]
The Code Enforcement Officer shall be empowered
to enforce the regulation herein set forth and to compel the removal
of any pool that fails to meet the requirements as to installation
or proper maintenance of the pool, fencing, water disposal and appurtenances.[1]
[1]
Former § 82-11, Existing pools;
compliance with provisions, which immediately followed this section,
was deleted 3-14-2006 by L.L. No. 1-2006.
[Amended 3-14-2006 by L.L. No. 1-2006]
Violations of any of the provisions of this
chapter shall be punishable by a fine of not more than $250 or by
imprisonment for not more than 15 days, or both. Each day's continuance
of a violation after notice shall be deemed a separate and distinct
violation and shall be punishable accordingly.
