Sea Cliff City Zoning Code
ARTICLE XVII
Swimming Pools
§ 138-1701 Short title.
This article shall be known and may be cited as the "Swimming Pool Law of the Village of Sea Cliff."
§ 138-1702 Definitions.
For the purposes of this article, the terms used herein are defined as follows:
The New York State Uniform Fire Prevention and Building Code duly adopted by the Incorporated Village of Sea Cliff.
The Building Inspector of the Village of Sea Cliff.
A permit issued by the Building Inspector, in the manner prescribed by this article, for the construction, installation, erection, alteration, modification or demolition of or change in any swimming pool in the Village, except an aboveground swimming pool.
Any swimming pool not designed or used for swimming, nor intended for use by children as a wading pool, which is able to retain water to a depth at any point of more than four inches.
Any man-made receptacle or structure able to retain water to a depth at any point of more than 18 inches and which has a surface area equal to or greater than 100 square feet and is designed, intended or can be used for swimming or immersion or partial immersion. For purposes of the aforesaid minimum size requirement and setback requirements, a swimming pool shall include any patio or paved area along, abutting or designed or intended to be used in conjunction with the pool. Swimming pools include hot tubs, spas and jacuzzis.
If any portion of a swimming pool is six inches or more above the average grade of the surrounding five-foot perimeter of the pool, it shall be construed an aboveground swimming pool.
Any swimming pool, excavation or depression, entirely below ground, with no portion six inches or more above the average grade of the surrounding five-foot perimeter of the pool.
Any artificially constructed pool intended primarily for use by children, not designed or used for swimming, with a maximum area less than 100 square feet and a maximum water depth of 18 inches.
§ 138-1703 Pool location and permit requirements.
No outdoor swimming pool, whether permanent, portable, temporary, in-ground or above-ground shall be erected, altered or installed unless a permit therefor has been issued in accordance with the following requirements and procedures:
A.
Special permit. A swimming pool shall require a building permit. The Building Department may issue a permit only upon the issuance of a special permit approval by the Zoning Board of Appeals.
B.
Minimum requirements. All swimming pools shall comply with the following requirements:
(1)
The lot area of the premises shall be no less than:
Residence District of the Premises | Minimum Lot Area |
|---|---|
A | 10,000 square feet |
B | 12,500 square feet |
C | 17,500 square feet |
D | 2 acres |
(3)
All swimming pools shall be set back from property lines as follows:
Residence District | Rear Property Line (feet) | Side Property Line (feet) |
|---|---|---|
A | 25 | 25 |
B | 30 | 30 |
C | 30 | 30 |
D | 50 | 50 |
(4)
No pool shall be located in a front yard, except where a property has two front yards on opposite sides of the property (through lots), in which case a pool shall be set back from a front property line:
Residence District | At Least (feet) |
|---|---|
A | 35 |
B | 40 |
C | 45 |
D | 65 |
(5)
No swimming pool shall occupy more than 10% of the total lot area of the premises upon which the swimming pool shall be located.
(6)
No aboveground swimming pool shall have a water capacity in excess of 10,000 gallons.
§ 138-1704 Fees.
A.
The fee for and duration of a building permit, required for the construction, erection, installation, modification, alteration, demolition or change of any swimming pool shall be as set forth in Chapter A142, Schedule of Fees. Such fee shall accompany each application, which shall be in writing and shall be filed in duplicate with the Building Inspector. The form for such application shall be as prescribed by the Building Inspector.
§ 138-1705 Additional requirements.
In addition to the requirements for the issuance of a building permit set forth in Chapter 138, Zoning, and Chapter 48, Building Construction Administration, no building permit for a below-ground swimming pool or an aboveground swimming pool shall be issued by the Building Inspector unless and until:
A.
For a swimming pool containing in excess of 6,000 gallons, there have been submitted to the Building Inspector detailed plans and drawings for the swimming pool to be covered by said permit, duly certified by a licensed professional engineer that the swimming pool to be constructed, erected, installed, modified, altered, demolished or changed pursuant to said plans and drawings contains or is to contain adequate facilities for the maintenance of the water to be contained therein in a safe and sanitary condition and that the overflow and drainage systems to be provided are adequate to dispose of such water without interfering with adjoining properties, any public water supply system, existing sanitary facilities and the streets, roads and highways of the Village.
B.
For a swimming pool containing 6,000 gallons or less, there have been submitted to the Building Inspector detailed plans and drawings for the swimming pool to be covered by said permit, that the swimming pool to be constructed, erected, installed, modified, altered, demolished or changed pursuant to said plans and drawings contains or is to contain adequate facilities for the maintenance of the water to be contained therein in a safe and sanitary condition and that the overflow and drainage systems to be provided are adequate to dispose of such water without interfering with adjoining properties, any public water supply system, existing sanitary facilities and the streets, roads and highways of the Village.
§ 138-1706 Drawings and plans.
A.
All drawings and plans for the construction, erection, installation, modification, alteration, demolition or change of any swimming pool for which a building permit shall be required shall show all lot lines of the property upon which said swimming pool is to be located and all vertical elevations with respect to said swimming pool and its appurtenances and shall include, in detail, all information pertinent to said swimming pool, gallon capacity of pool, fence construction, water supply systems, drainage systems, water disposal systems, electrical systems and all appurtenances.
B.
All of the aforesaid swimming pool apparatus, fences, supply systems, drainage systems, water disposal systems and electrical systems shall be constructed in conformity with the plans as approved by the Building Inspector.
C.
An application for a building permit for a swimming pool shall include a topographical survey depicting the topography of the site as of June 15, 2024, to a distance of 10 feet beyond the property lines of the site in all directions, at a two-foot contour interval, unless otherwise directed by the Building Inspector due to unusually flat or steep terrain.
D.
The location of proposed soil borings, which will be required prior to the commencement of any construction of a swimming pool. The borings shall be in the location of the swimming pool and each isolated drainage retention structure or in any other location approved by the Building Inspector.
E.
The proposed final site topography, at a two-foot contour interval, unless otherwise directed by the Building Inspector due to unusually flat or steep terrain, to a point a distance of 10 feet beyond the property lines in all directions.
§ 138-1707 Materials of construction.
The walls and floors of all swimming pools shall be constructed of any impervious material which shall provide a tight tank and shall be of sufficient strength to contain the water therein.
§ 138-1708 Safeguards during construction.
During the time that a pool is under construction, and until such time as the fencing provisions of § 138-1711 have been complied with, such pool under construction shall be completely enclosed by a substantial fence not less than four feet in height.
§ 138-1709 Water disposal and drainage.
All swimming pools shall have an acceptable drainage system or systems self-contained upon the premises and adequate to dispose of the water therein. No water shall be permitted to drain or run off into an adjoining property or into any street, road or highway in the Village. If leaching pools are used to dispose of the pool water, the minimum volume of the leaching pool shall be equal to at least 1/10 of the total volume of the swimming pool and all leaching pools shall comply with the minimum linear separation standards established by Nassau County.
§ 138-1710 Health and cleanliness.
If the water for any swimming pool is supplied from a private well, there shall be no cross-connection with any public water supply system; and if the water is supplied from a public water system, the inlet shall be above the overflow level of the swimming pool. The water in the swimming pool shall be chemically treated so as to maintain bacterial standards which shall meet the standards established for public swimming pools by the New York State Sanitary Code and the Nassau County Health Department. All swimming pools shall have an efficiently operating filtering system which shall be maintained in good working order at all times. All swimming pools shall be maintained in a clean and healthy condition, and no such pool shall be permitted to accumulate foul, stagnant or dirty water. The owner of every swimming pool shall at all times maintain the same and the fence and gates surrounding said pool, as hereinafter prescribed, in a clean, safe and sanitary condition.
§ 138-1711 Fences.
A.
All swimming pools shall be enclosed completely with a barrier that complies with the barrier requirements set forth in the Building Code.
B.
Except as otherwise provided by the Building Code:
(1)
If the barrier runs along any property line or on any part thereof, it may form part of the barrier, except that no gates in such fence shall be used for common ingress or egress to the property.
(2)
All openings for ingress and egress shall comply with the barrier requirements set forth in the Building Code.
(3)
All gates shall be kept closed securely at all times, whether or not the swimming pool is occupied, and shall be locked whenever the swimming pool is unattended.
§ 138-1712 Existing pools.
[Amended 11-4-2024 by L.L. No. 13-2024]
A.
Any swimming pool that lawfully existed at the time of the enactment of this article may be continued except as provided herein.
C.
A lot containing a swimming pool that lawfully existed at the time of the enactment of this article may not be altered in size unless the swimming pool is brought into compliance with the then current provisions of this article.
§ 138-1713 Proximity to electrical installations.
No swimming pool shall be constructed, erected, installed, placed or otherwise situated within a twenty-foot radius, as measured on a horizontal plane, of any aboveground electrical power wires, cables or lines.
§ 138-1714 Lights.
All lights used to illuminate a swimming pool or swimming pool area shall be shielded so as to prevent their shining upon the property of any adjacent property owner.
§ 138-1715 Noise.
No loudspeaker device, radio, phonograph or amplifier system shall be used or maintained in connection with any swimming pool which would cause a public disturbance or create a public nuisance.
§ 138-1716 Wading pools.
Every wading pool and decorative pool shall be enclosed by a fence as described in § 138-1711, unless such outdoor wading pool is:
A.
Emptied when not in use or when unattended; or
B.
Covered with a protective covering, fastened or locked in place when not in use or when unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds per square foot.
§ 138-1717 Abandonment. [1]
A.
Should an owner abandon a below-ground pool, he shall fill the depression and return the surface of the ground to its original grade and to approximately the same condition as before the pool was constructed. He shall thereupon notify the Building Inspector so that an inspection of the site may be made and the permit records marked accordingly.
B.
Should an owner abandon an aboveground pool, he shall drain and dismantle it and ensure its proper storage or disposal so as not to become a blight on the neighborhood. He shall thereupon notify the Building Inspector so that an inspection of the site may be made and the permit records marked accordingly.
§ 138-1718 Enforcement.
In addition to the penalties provided for violation of any of the section in this article, the Building Inspector, upon application to Nassau County Supreme Court, is hereby empowered to drain any swimming pool and compel the removal of any pool that fails to meet the requirements of this article as to construction, maintenance, fencing, water disposal, lighting, noise control and appurtenances. The cost of such drainage or removal shall be assessed against the real property on which the pool is located. The costs so assessed shall constitute a lien and charge upon such real property until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other charges, taxes and assessments of the Village of Sea Cliff.
§ 138-1719 Appeals.
Any person aggrieved by a decision of the Building Inspector under this article may appeal same to the Zoning Board of Appeals pursuant to Chapter 138.