Briarcliff Manor Town
City Zoning Code
City Zoning Code
§ 220-9
Regulation of swimming pools.
[Amended 10-10-2019 by L.L. No. 5-2019]
A.
Statement of purpose. The Board of Trustees recognizes that the regulation of the establishment, construction and operation of noncommercial private outdoor swimming pools and their enclosure is a matter of public importance, primarily as it concerns the problems of safety to children and animals, noise, aesthetics, lighting, odors, overflowing waters, location and the possible depreciation of property values by reason of improperly installed or maintained pools or having such pools placed in undesirable locations and/or with aesthetically unpleasing enclosures sometimes referred to as "bubbles." This section shall be read and construed as having regard to the foregoing statement of purposes and is enacted under the authority granted by § 7-700 of the Village Law.
B.
Standards. A swimming pool shall be permitted only for use by residents of the premises and their guests, without charge for admission and not for the purpose of profit, subject to the following provisions and restrictions:
(1)
One swimming pool, with or without a permanently attached spa, may be permitted in connection with all permitted residential home development on any lot consisting of at least 30,000 square feet, but no such limitation shall apply to one self-contained, freestanding spa or hot-tub unit with a footprint less than 80 square feet ("portable hot tub").
(2)
Enclosures, sometimes referred to as "swimming pool bubbles" or "bubbles" or the like, shall not be permitted.
(3)
Wherever possible, permitted pools shall be constructed or installed in a rear yard. Every part of such pool, other than a portable hot tub, shall be sited a minimum of five feet from the main building on the premises. All pools shall be sited no less than 20 feet from every rear lot line. Pools, other than portable hot tubs, constructed or installed in a side yard shall be sited a minimum of five feet from the main building on the premises. All pools shall be sited no less than 40 feet from every side line. In all cases, every part of any permitted pool shall be sited a minimum of 100 feet from any street. No pool shall be permitted in a front yard.
(4)
Any filter, heater, pump, water treatment device, or similar pool or spa accessory equipment, shall be situated so as to be nonviewable or otherwise fully screened from neighboring properties. All such equipment shall comply with Chapter 146, Noise, and shall be installed so as not to disturb the peace, quiet, and comfort of neighboring property owners, or at any time louder than 60 decibels at the property line nearest to the sound source. Any noise generated from such equipment that is plainly audible on adjacent property is expressly forbidden.
(5)
No pool shall occupy more than 6% of the total lot area.
(6)
There shall be no cross-connection between the public water supply system and any pipes or apparatus feeding water to a pool from a private well, system or other source, and there shall be no such cross-connection with any purification or filtration system of any pool.
(7)
If the water for any such pool is supplied from the public water supply system, the inlet shall be more than six inches above the overflow level of the pool.
(8)
The water of any such pool shall be treated in the manner sufficient to maintain the bacterial standards established by all applicable provisions of law relating to a public swimming pool existing in the same location or area.
(9)
Playing, using, operating, or permitting to be played, used or operated any amplified sound device, including radio, television, musical instrument or instruments, or other machine or device for the production or reproduction of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time louder than 65 decibels when the sound level meter is located at a point not nearer than the property line nearest to the sound source shall be prohibited. The operation of any of the above devices between the hours of 10:00 p.m. and 8:00 a.m. in such manner as to be plainly audible on adjacent property shall be prima facie evidence of a violation of this section.
(10)
Use of any pool area floodlighting, or any other lights installed in connection with use of pools which shall throw rays of light beyond the property lines of the parcel upon which such pool is located is prohibited.
(11)
For pools constructed after adoption of this § 220-9, but not portable hot tubs, a buffer screening area or solid fence, of at least 10 feet in width, and in all cases sufficient to screen the use of the pool from neighboring properties, shall be provided between the pool and any lot line in a residence district; however, no buffer screening area will be required between the pool and the principal building on the lot, unless necessary to screen the pool from adjoining properties. The Building Department may modify this screening requirement in situations where it is determined that large distances, topographic features, or existing vegetation satisfy the same purposes. Where such a buffer area is required, it shall meet the following standards:
(a)
Evergreens of such type, height, spacing and arrangement as will reasonably screen the activity involved from the neighboring residential area shall be planted, but in no event shall the evergreens be less than six feet in height. Nonevergreen planting may supplement evergreen planting but shall not take its place.
(b)
The plan and specifications for such planting shall be filed with the building permit request.
(c)
Required planting shall be properly trimmed and maintained in healthy growing conditions at all times.
(12)
All swimming pools and portable hot tubs must meet all necessary construction, safety, use and maintenance requirements of all codes of the State of New York.
C.
Applicability. A swimming pool shall be considered to be a structure for the purpose of compliance with all provisions of law, Village ordinances and the building code of the Village of Briarcliff Manor, and in the construction, design and operation of such pool, all such laws and ordinances and building codes shall be complied with unless clearly inapplicable by their terms or inconsistency with this chapter.
D.
No swimming pool shall be installed without a building permit and no such permit shall be issued unless the plans therefor comply with the building code of the Village of Briarcliff Manor, as the same now exists or may hereafter be amended, and any plans for such pool shall show such compliance and shall show appropriate drainage provisions to dispose of the water in the pool without interference with the public water system, the existing sanitary facilities, public sewers or drainage systems or with any public highway. Such plans shall have affixed thereto the signature of the owner or his agent and shall contain a statement to the effect that the person signing plans has read and is familiar with the provisions of this chapter and other applicable provisions of law relating to the installation and construction of swimming pools.