Permits for the construction, installation or use of such pool shall be issued by the Building Superintendent and shall be subject to all applicable provisions of the Building Code of the Village of Port Washington North, as amended,[1] and of Chapter 176, Zoning, of the Code of the Village of Port Washington North, as amended.

Installation or construction of any such pool shall not commence until application for construction or installation has been made to the Building Superintendent in such form as the Building Superintendent shall require and a permit for such construction issued by the Building Superintendent.

No permission shall be granted for the installation or construction of any outdoor water pool, unless the plans therefor, which must be submitted to the Building Superintendent in such form as he requires along with an application for permit in such form as the Building Superintendent requires, meet the minimum Incorporated Village of Port Washington North construction and installation requirements as defined herein and are approved in accordance with the requirements herein by the Building Superintendent of the Village, nor until the applicant has filed with the Village Clerk a certification, approved by the Building Superintendent, by a professional engineer licensed by the State of New York that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways.

No such pool shall be filled partially or totally with water or otherwise used until application has been made to the Building Superintendent in such form as said Building Superintendent shall require for permission to use such pool and a permit for such use issued by the said Building Superintendent. Such use permit shall be issued by the said Building Superintendent only if a construction or installation permit hereunder validly has been issued and installation or construction of said pool has been done in accordance with the requirements of this chapter, all provisions, of the article have been complied with, and if a certificate from the New York Board of Fire Underwriters is annexed to the application which certificate certifies that all electrical equipment in and around the completed pool is adequate and properly installed.

Any permit for construction, installation or use may be revoked by the Village Clerk, Building Superintendent, Mayor or Board of Trustees at any time without notice for any violation of requirements or any cause which would justify the denial of a permit for construction or installation or use whether said cause existed at the time of the issuance of said construction or installation permit or use permit or not.

Each permit for the construction or installation of an outdoor water pool shall remain in effect for a period of six months from the date of issuance, unless revoked, and at the end of the six-month period it shall lapse and become null and void. When a permit shall have lapsed, the holder of the said permit may make application for a new permit in accordance with the terms of this article. Each permit for the use of an outdoor water pool shall remain in effect for a period of one year from the date of issuance unless revoked, and at the end of the said one-year period said use permit shall lapse and become null and void unless renewed. In lieu of renewal, application may be made for a new use permit in accordance with the provisions of this article governing the issuance of such permits. An application for the renewal of a use permit must contain an attestation by the applicant on forms provided by the Building Superintendent which attestation must be sworn to on oath by the applicant, and which shall state that the installation, construction, maintenance, and use of the outdoor water pool concerning which application for renewal is being made complies in all respects with the provisions of this article and other applicable laws, ordinances and regulations. Each renewed permit shall remain in effect for a period of one year from the date of renewal, unless revoked, and upon the termination of the said one-year period further renewals, each for a period of one year, may be granted in accordance with the provisions of this article.[2]

Adequate fencing shall be provided to prevent accidental entry and unauthorized use of the pool. Such fencing may be erected so as to completely enclose the pool itself or the particular yard in which the pool is situated.

Such fencing shall be stockade or chain link type and shall be five feet in height. Stockade fencing shall be constructed of cedar, cyprus or redwood. Chain link fabric shall be constructed of no less than nine gauge wire with green plastic coating. No insert strips will be permitted.

Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool. Each gate or opening and closing section in the said fence shall contain a self-closing and self-locking device in good working order.

Except as noted herein, the fencing shall conform to the requirements set forth under Article XII, § 176-140 of this chapter.

Any outdoor water pool constructed, installed, maintained or used in a residential district shall only be constructed, installed, maintained or used as an accessory to a dwelling house for the private use of the owners or occupants of such dwelling house and their families and guests.

Such outdoor water pool may be constructed, installed, maintained or used only in the rear yard of the premises.

Such outdoor water pool shall be constructed, installed or maintained within the same side yard setbacks as permitted for the main dwelling. The permitted rear yard setback shall be no less than the side yard setback for the Zoning District applicable to the property in question. Side yard and rear yard setbacks shall be measured from the property line to the water’s edge. On-grade pool decks or pool patios shall not be constructed, installed or maintained closer than four feet from any property line. Above-grade pool decks shall be constructed, installed or maintained within the same side yards as permitted for the main dwelling.

Such pool shall not occupy more than 40% of the area of the rear yard excluding all garages or other accessory structures located in such area.

The yard area occupied by such pool shall not be included in computing the percentage of lot area permitted to be built upon under the Zoning Chapter of the Code of this Village. Elevated water pool structures such as decks, slides, ladders and diving boards and the like shall not be constructed, installed or maintained within a side yard or rear yard setback less than 1.5 feet of setback for each one foot of the height of the structure above the ground.

Only one such pool shall be permitted on each premises.

If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool.

Every pool subject to the terms of this article shall be maintained in a clean and sanitary condition and shall be kept free of garbage, debris, waste, rubbish or refuse whether empty or filled or partially filled with water.

All electrical equipment shall be kept in proper condition and good repair at all times.

No liquid other than water shall be used to fill or partially fill any pool subject to the terms of this article, other than chemicals used in accordance with § 176-173 hereof or other than cleansing agents not injurious to health.[1]