Hewlett Harbor City Zoning Code
ARTICLE VII
Swimming Pools
§ 145-48 Computing building area.
A.
For the purpose of computing the building area, the required yards and the distances from the lines of the lot, the pool apron or platform along the side or end of a swimming pool, the base for the springboard or diving platform and the foundation for the purifying apparatus, if any, shall be included.
B.
The pool walkway surrounding any or all sides of the pool may encroach into the side or rear yard up to five feet into setback and must be properly surrounded with planting so as to block the view from neighboring properties.
[Added 6-14-2007 by L.L. No. 8-2007]
§ 145-49 Construction in front yards not allowed.
No swimming pool or part thereof shall be constructed in the front yard.
§ 145-50 Construction in accordance with current practice.
All swimming pools shall be constructed in accordance with standard practice.
§ 145-51 Drainage facilities.
Each pool shall be provided with permanently installed facilities for the complete draining thereof. Such facilities shall be entirely separate from the house drains and house sewer. In no case may the contents of the pool be permitted to discharge, directly or indirectly, into a street or public sewer or public drain or catch basin or in, upon or under the land of another person without his written consent or in such a way as to adversely affect the functioning of the house drains or house sewer of another property.
§ 145-52 Water connections.
All connections with the public water supply shall be made by a duly licensed plumber in conformity with the Plumbing Code and the rules and regulations of the Long Island Water Corporation. Such connections shall be made in such a way as to prevent any water from the swimming pool from entering the public water supply system. In times of drought or water shortages, the Board of Trustees may direct that the use of the swimming pool be discontinued and that all connections with the public water supply system be broken until further order.
§ 145-53 Enclosure by fence. [1]
[Amended 9-11-2008 by L.L. No. 9-2008]
A.
There shall be erected and maintained a swimming pool fence enclosing the portion of the area upon which such pool shall be installed. Such fence shall be either a quality timber stockade fence, wrought iron or wrought aluminum in accordance with the following specifications:
(1)
Wrought iron or wrought aluminum. Said fence shall extend from the ground to a height of not less than five feet, with top and bottom rail, posts spaced not more than eight feet on center and set to extend three feet below grade in an eight-inch diameter concrete footing. The fence itself shall be fastened to posts and rails so that the bottom of the fence is not more than one inch above grade. Fencing material shall be fastened securely to posts and rails.
(2)
Timber fence. Said fence shall extend from the ground to a height of not less than five feet with two horizontal rails on the pool side. Posts shall be spaced not more than eight feet on center and set to extend four feet below grade. The frame design shall produce a rigid structure. Fabric coverings and/or fence panels shall be securely mounted and fastened to the frame and shall be not more than one inch above the grade. All fence materials shall be the number one grade of the type used or chosen.
B.
Every gate in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, must be secured by a lock, which can be opened only with a key from the outside and without a key from the inside, with a spring or other device to keep said gate securely closed and locked at all times when the owner or a responsible occupant of the premises is not present at such pool.
C.
The New York State Building Code shall prevail whenever such ordinance is more stringent than the Village Code.
§ 145-54 Fence height; gates.
[Amended 6-12-1969; 2-11-1982 by L.L. No. 1-1982]
A.
Such fence shall be not less than four feet and not more than five feet in height above ground level and shall have no more than two openings for ingress and egress.
B.
Each of said openings shall be equipped with a self-closing gate with a self-latching device designed to keep, and capable of keeping, such gate securely closed at all times when not in actual use.
C.
Such gate shall be provided with a lock which can only be opened by a key to permit entry from without.
D.
Each gate, door, latch and lock at all times shall be maintained in good working order, and each gate shall be kept closed and locked at all times when the pool is not in use.
E.
The Building Inspector is hereby empowered to approve alternate methods for closing and locking the said gates which provide equal or greater protection.
§ 145-55 Discontinuance of use; disrepair.
If the use of the swimming pool should be discontinued or if the swimming pool should, at any time, be in bad condition, the owner will, on demand, fill in the pool and excavation to grade and will not restore the pool to use except upon a further application for a building permit.
§ 145-56 Applicability.
This Article, as amended so as to read as above stated, shall apply to all swimming pools whenever constructed, including swimming pools constructed after the adoption of Ordinance No. 78 on May 10, 1962, and swimming pools constructed prior to that date which were required to comply with the provisions of said ordinance after May 15, 1963, without prejudice, however, to any variances granted by the Board of Appeals.
§ 145-57 Wading pools. [1]
The provisions of this Article shall also apply to a portable or removable wading or swimming pool and any hot tub which contains or is designed to contain water having a depth of 18 inches or more in any part thereof, with the following exception: In the case of such a pool, the exterior wall or side of the pool, to the extent that it is located above the surface of the ground and had the height specified in § 145-54, may be considered as part of the fence or wall required by this article. Any stairway or ladder giving access to the pool will be considered as an opening for ingress and egress and must comply with the provisions of § 145-54 in respect to gates and other requirements.