Village of North Collins, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of North Collins 7-5-1988 by L.L. No. 2-1988 as Ch. 105 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 62.
Zoning — See Ch. 181.

§ 158-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUILDING INSPECTOR
The Building Inspector of the Village of North Collins.
CLUB SWIMMING POOL
An artificial facility for swimming, operated for members and their guests.
COMMERCIAL SWIMMING POOL
An artificial facility for swimming, operated for gain or in conjunction with any commercial enterprise and open to the public.
PERMANENTLY INSTALLED POOL
One which is substantially affixed into or onto the ground or not easily dismantled for storage or movement to another site.
PRIVATE SWIMMING POOL
An artificial facility for swimming, which facility is an accessory use to a residential building. Such pool shall be for the exclusive use of the occupants of the principal residential building and their guests.
PUBLIC SWIMMING POOL
An artificial facility for swimming, operated by the Village of North Collins.

§ 158-2 Regulations.

All outdoor swimming pools are required to meet the following regulations:
A. 
No swimming pool shall be constructed, installed, enlarged or altered unless a building permit is issued therefor. The applicant shall provide the Building Inspector with a plot plan showing the location of the pool and plans and specifications in detail to be determined by the Building Inspector. Fees are to be charged for said permit by the Building Inspector.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Fences and gates.
(1) 
Every pool over 42 inches in depth shall be completely enclosed by a fence constructed of materials, whether artificial or natural, which shall be durable enough to prevent the entrance into the pool area by any persons. If of wire mesh construction, this fencing is not to have a linkage of more than 2 3/8 inches in diameter and shall be nonclimbable. The entrance gate or gates shall have a closing device with a protective fastening latch and a lock. Fence height shall be a minimum of four feet and a maximum of six feet for a private pool; seven feet for a club or commercial pool. The fence location shall be subject to the approval of the Building Inspector; provided, however, that the owner of a pool which is not permanently installed may elect to use a pool cover instead of a fence. The pool cover must be of durable material and of sufficient tightness to prevent the entrance of a person into the pool when secured. The owners of aboveground pools whose solid walls prevent entrance to the pools except by an entrance ladder shall be deemed in compliance with the fencing requirements of this subsection.
[Amended 11-10-1992 by L.L. No. 1-1992]
(2) 
During the periods that a swimming pool containing water is not in use and is unattended, the gate in a fence shall be locked or the pool cover affixed in place or the ladder removed from a pool which can only be entered by means of a ladder, so that no entry into the pool can be made by any person.
C. 
The owners of all permanently installed pools shall submit to the Building Inspector site, lighting (if installed or to be installed) and plumbing plans which shall comply with Chapter 62, Building Construction, of the Code of the Village of North Collins. Drainage shall be only into an approved storm sewer or watercourse or in a manner which does not drain into neighboring property through the ground.
D. 
No pool wall, paved terrace or related structure shall be located within five feet of an adjoining residentially zoned lot.
E. 
Where commercial pools are a permitted principal use by Chapter 181, Zoning, said commercial pools shall comply with the area, yard and other requirements of Chapter 181, Zoning, for those districts.
F. 
Club swimming pools shall be permitted only as an accessory structure to a membership club in the zoning district where said club is a permitted use and subject to the area and yard requirements of that district.
G. 
Private pools shall not be located within a front yard in any residential district.
H. 
All appurtenant structures, installations and equipment, such as showers, dressing rooms, equipment houses or other buildings and structures, shall comply with all applicable requirements of Chapter 62, Building Construction, and Chapter 181, Zoning, of the Code of the Village of North Collins.
I. 
No private pool erected on a corner lot shall be located:
[Added 1-6-1998 by L.L. No. 2-1998]
(1) 
Nearer than 25 feet from the right-of-way of any side street in an R-1 District.
(2) 
Nearer than 20 feet from the right-of-way of any side street in an R-2 District.
(3) 
Nearer than 15 feet from the right-of-way of any side street in an R-3 District.

§ 158-3 Existing pools.

Subsections A, B and C of § 158-2 herein shall apply to existing pools, and owners of said pools shall have 60 days to comply with the requirements of these subsections.

§ 158-4 Penalties for offenses.

A. 
Each and every violation of the provisions of this chapter of the Code of the Village of North Collins shall be punishable by a fine not to exceed $100 or by imprisonment for not more than 30 days, or by both, unless a lesser penalty is provided by statute.
B. 
In the case of continuing violation of this chapter of the Code of the Village of North Collins, each day that such violation exists shall constitute a separate and distinct violation.