Westbury City Zoning Code
ARTICLE XXXVIII
Swimming Pools
§ 248-338 Short title.
This article shall be known and may be cited as the "Swimming Pool Law of the Incorporated Village of Westbury."
§ 248-339 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 [9 NYCRR Subtitle S, Chapter I, as amended from time to time (NYS Building Code)], duly adopted by the Incorporated Village of Westbury.
The Senior Building Inspector or Superintendent of Buildings of the Incorporated Village of Westbury.
A permit issued by the Building Inspector, in the manner prescribed by this chapter, for the construction, installation, erection, alteration, modification or demolition of or change in any swimming pool in the Village.
See definition found in § 248-2.
§ 248-340 Permits and certificate required.
It shall be unlawful to construct, erect, install, modify, alter, demolish or change any below-ground swimming pool or any aboveground swimming pool or to permit any of such acts without first obtaining a building permit in the manner prescribed by Chapter 248, Zoning, Chapter 79, Building Construction, and this article.
§ 248-341 Fees.
The fee for and duration of a building permit, required for the construction, erection, installation, modification, alteration, demolition or change of any below-ground swimming pool or any aboveground swimming pool in the Village of Westbury, shall be as set forth in § 79-19 by the Village Board of Trustees from time to time by resolution. 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.
§ 248-342 Building permits; additional requirements.
In addition to the requirements for the issuance of a building permit set forth from time to time by resolution, 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 either a below-ground swimming pool or an aboveground 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 an aboveground 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.
§ 248-343 Size and location.
A.
All swimming pools shall be located in the rear yard of any premises and shall be set back at least five feet from the nearest property line, except that in Residence AA Districts every swimming pool shall be set back at least 15 feet from the nearest line.
B.
A swimming pool located on a corner lot shall be permitted to be located in a rear yard of any premises and shall be set back at least 10 feet from the nearest property line which abuts a street and at least five feet from the nearest property line which does not abut a street.
C.
No swimming pool shall occupy more than 10% of the total lot area of the premises upon which the swimming pool shall be located.
§ 248-344 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.
§ 248-345 Abandonment.
A.
Should an owner abandon a below-ground pool, he shall, after filing a demolition permit, 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 and all other swimming pools not included in Subsection A above, 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.
§ 248-346 Enforcement; penalties for offenses.
In addition to the penalties provided for violation of any of the chapters of this Code, the Building Inspector is hereby empowered to drain any swimming pool and compel the removal of any pool that fails to meet the requirements of this chapter and the New York State Building Code 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 Westbury. This statute shall not supersede the New York State Uniform Fire Prevention and Building Code, which Code shall be applicable in the case of any swimming pool installation.