[HISTORY: Adopted by the Village Board of
the Village of Wrightstown 4-19-2022 by Ord. No. 04192022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 174,
Swimming Pools, adopted 8-16-1994 by Ord. No. 081694F, as amended.
The purpose of this chapter is to provide for the health, safety
and welfare of all individuals and to provide land use controls in
the Village.
This chapter shall apply to all new, remodeled, altered and
relocated private swimming pools, hot tubs, spas and ponds.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this chapter, except where
the context clearly indicates a different meaning:
Any naturally occurring or man-made depression in the ground
containing or detaining water, either temporary or permanent, which
is 18 inches or greater in depth and is used for the purpose of a
fish pond or landscape water garden. The definition does not include
retention or detention ponds used for a stormwater management plan
required by the Village.
A container of water less than 18 inches in depth that can
be readily be disassembled for storage and reassembled to its original
integrity.
A hydromassage pool or tub for recreational or therapeutic
use, designed for immersion of users, which may or may not have a
filter, heater and motor-driven blower.
Any depression in the ground, either temporary (installed
for a period of less than seven days) or permanent (installed for
a duration of more than seven days), or an aboveground or below-ground
container of water, either temporary or permanent, which is 18 inches
or greater in depth used primarily for the purpose of wading or swimming,
excluding portable pools.
Before commencing the construction and installation of a swimming
pool, hot tub, spa, or pond, a permit authorizing such construction
must be obtained from the Building Inspector. Permit applications
shall be accompanied by fully dimensioned plans showing the following
information:
A.Â
Location of swimming pool, hot tub, spa or pond on the lot showing
the distance from property lines, easements and structures;
B.Â
Location of overhead and/or underground wiring in relation to swimming
pool, hot tub, spa, or pond;
C.Â
Dimensions and depth of swimming pool, hot tub, spa or pond;
D.Â
Type, location and height of fence either if existing or proposed;
E.Â
Type, dimensions and location of deck if proposed.
A.Â
Swimming pools, hot tubs, spas, and ponds shall not be allowed in
the front yard and interior side yard building setbacks of interior
lots.
B.Â
Swimming pools, hot tubs, spas and ponds shall not be allowed in
the front yard, corner side yard and interior building setbacks of
corner lots.
C.Â
Interior side yard and rear yard setbacks for swimming pools, hot
tubs, spas and ponds shall be a minimum of 10 feet measured from the
property line.
D.Â
Swimming pools shall not be located closer than five feet to any
structure other than a deck.
E.Â
Swimming pools, hot tubs and spas shall not be located in utility
or drainage easements and shall not be located in a conservancy.
F.Â
All plumbing shall meet the requirements of the state plumbing code
SPS 382.85.
G.Â
All electrical work shall meet the requirements of the state electrical
code, Ch. SPS 316, Wis. Adm. Code, and the National Electrical Code
680.9.
A.Â
A fence of not less than four feet in height, measured from grade,
shall completely enclose all swimming pools, hot tubs, spas and ponds
with the following exceptions:
(1)Â
Hot tubs and spas do not need fence protection as long as their covers
can be fastened and are key locked when unattended and shall be able
to withstand 150 pounds.
(2)Â
Where decks surround or adjoin an aboveground swimming pool, hot
tub, spa or pond, a three-foot minimum height guardrail mounted to
and measured from the deck surface to the top of the guardrail will
be considered as meeting the fencing requirements as long as the design
and construction regulations of this chapter are complied with and
the overall vertical measurement from grade (ground) level to the
top of the guardrail is a minimum height of four feet. Sides of stairs
and gates leading to a deck shall also comply with the requirements
of this chapter. Interior side yard and rear yard setbacks for a detached
deck surrounding a swimming pool, hot tub, or spa shall be measured
10 feet from the property line.
(3)Â
Ponds may be exempt from the fence requirements if an approved wire
screen, mesh or grate is placed and maintained three inches to four
inches below the waterline of sufficient strength to withstand a weight
of 100 pounds.
B.Â
Fences shall be located a minimum of four feet beyond the outside
perimeter of a swimming pool, hot tub, spa or pond.
C.Â
Fences shall be constructed and designed so as to prevent penetration
of an object greater than four inches in diameter through or under
the fence.
D.Â
Fences shall be able to withstand 200 pounds of force in any direction
and shall be properly maintained in a good state of repair and appearance.
E.Â
Fences with horizontal boards, spaced more than one inch apart, creating
foot- and handholds which may facilitate climbing, are prohibited.
F.Â
All gates or doors opening through a fence enclosure shall be kept
securely closed at all times while unattended and shall be equipped
with a self-closing and self-latching device designed to keep such
gate or door securely closed. Gates must open outward, away from the
pool. Self-closing latches must be located on the inside of the gate
and have a release mechanism located at least five inches below the
top of the gate. The gate and fence shall have no opening greater
than 1/2 inch within 18 inches of the latch mechanism. All gates or
doors shall comply with all other height and structural requirements
of this chapter.
G.Â
Portable pools do not need fence protection but must be drained or
covered in such a manner as to provide public safety when left unattended.
H.Â
To ensure public safety, variances for lesser fence heights than
specified in this chapter shall not be granted.
I.Â
Exceptions. Fencing shall not be required if the following are provided:
1) Pools, ponds, or spas with locking and solid structural covers.
Such covers shall be in place whenever the pool, pond, or spa is not
in use and/or unsupervised by an adult.
Lights used to illuminate any residential swimming pool, hot
tub or spa shall be so arranged and shaded as to reflect light away
from adjoining premises.
In no case shall any swimming pool, hot tub, or spa be drained
on to properties other than that of the owner of the swimming pool,
hot tub or spa.
Filtration systems shall be maintained in proper working order.
The swimming pool, hot tub or spa shall be kept clean and in sanitary
condition at all times.
No person shall make, continue or cause to be made or continued, at any swimming pool, hot tub, or spa, any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others. In the operation of the swimming pool, hot tub or spa, the use or permitting the use or operation of any radio, receiving set, musical instrument, phonograph or other machine or device for the producing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing of the persons who are in the residential swimming pool, hot tub or spa premises, shall be unlawful, enforcement will follow § 146-11.
No residential swimming pool, hot tub or spa shall be so located,
designed, operated or maintained so as to interfere unduly with the
enjoyment of the property rights of owners of property adjoining such
residential swimming pool, hot tub, or spa, or located in the neighborhood.
