[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor 4-21-2016 by L.L.
No. 6-2016.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This local law also repealed former Ch.
244, Swimming Pools, adopted 7-2-1974 by L.L. No. 1-1974 (Ch. 47 of
the 1968 Compilation), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes a corporation, association, organization, firm and
partnership, as well as an individual.
An artificial pool of water having a depth at any point of
more than 24 inches and a surface area of greater than 25 square feet,
designed or intended for the purpose of bathing or swimming, and including
all appurtenant equipment. A swimming pool shall be deemed a "structure."
Application for a permit to construct an outdoor swimming pool
shall be made to the Building Inspector on the forms provided by him
and shall be accompanied by detailed plans and drawings, showing pool
construction, lot lines, proposed location, fence construction, outdoor
lighting system, if any, water-supply system, drainage-water-disposal
system, appurtenances, filter system and such other information as
may be required.
A.
Pool walls and floors shall be constructed of an impervious material
which shall provide a tight tank and shall be of sufficient strength
to contain the water therein. All outdoor swimming pools and any facilities
in connection therewith shall be located and constructed in conformity
with approved plans.
B.
All outdoor swimming pools shall be constructed in such a manner
that all water, either overflowing or emptying from same, shall be
disposed of on the owner's land.
C.
Every swimming pool shall be equipped with one or more drywells,
into which any water discharged from the pool is to be directed, and
shall have a total volume at least equal to 10% of the volume of the
pool. In no case shall water from a swimming pool be drained, decanted
or discharged, directly or indirectly, into any wetlands, onto the
face of any bluff, or into any street or street drainage system. The
dry wells shall be designed to be easily accessible for the evacuation
of water from the swimming pool. Calculations showing the capacity
of the drywell shall be provided.
D.
Every swimming pool shall be completely and securely enclosed with
a fence or wall (which may include the wall of a building), every
part of which enclosure meets the requirements of the Uniform State
Fire Prevention and Building Code.
E.
No swimming pool shall be filled with water until the pool structure
shall have been completely enclosed in accordance with the provisions
of this subsection, which fencing shall have been inspected and approved
by the Building Inspector as being in compliance herewith. All heating
elements and pumps shall be housed in closed structures, which shall
prevent noise, sound or vibration caused by the heater and/or pump
from crossing property lines.
F.
Where a wetlands permit is required pursuant to Chapter 285 of the Village Code, no swimming pool shall hereafter be constructed or installed unless it is furnished with a system to reduce the use of chlorine disinfectant, such as an ozonator, ionizer or ultraviolet disinfectant system. Filtration equipment shall consist of a properly sized cartridge filtration system to eliminate the need for backwashing and minimize the subsurface disposal of treated pool waters to the groundwater below. The Harbor Committee shall be authorized to waive this provision where it determines, in writing, that its implementation is either impractical or would cause undue hardship to the applicant.
[Amended 1-9-2018 by L.L.
No. 1-2018]
G.
Swimming pools and spas shall be elevated above the seasonal high
groundwater table, as determined by a test hole installed near the
area of the proposed construction. The Building Inspector shall require
proof of compliance with this provision before issuing a certificate
of occupancy. Alteration of the natural topography for the construction
of a swimming pool is discouraged.
H.
Any steps or ladders used to gain access to any aboveground pool,
if not within an enclosure, shall be removed from such pool, retracted
to a height of four feet above the ground or otherwise secured so
as not to be able to be used for access to the pool when the pool
is not in actual use.
I.
Lights used to illuminate the pool or pool area shall be shielded
or installed so as to prevent said lights from shining directly upon
the property of any adjacent property owner.
J.
No overhead electric lines shall be maintained within 20 feet of
the nearest portion of a pool or appurtenances. All pools shall be
grounded and conform to generally accepted and approved electrical
Underwriters' Laboratories standards.
K.
Should the owner abandon the pool, he shall arrange to remove the
depression and return the surface of the ground to its original grade
and approximately in the same condition as before the pool was constructed,
and the Building Inspector shall be notified thereof.
L.
Swimming pools shall meet all requirements of the Uniform State Fire
Prevention and Building Code, as amended from time to time.
The provisions of this chapter shall be enforced by the Building
Inspector of the Village of Sag Harbor.
Any and every violation of the provisions of this chapter shall
be hereby declared to be an offense punishable by a fine not exceeding
$350 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment, for conviction of a first offense; for
conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine not less than $350 nor
more than $700 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment; and upon conviction for a third
or subsequent offense, all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or by imprisonment for a term not exceeding 15 days, or by
both such fine and imprisonment. Each day's continued violation,
after written notice thereof, shall constitute a separate additional
violation. In addition to the above-provided penalties and punishment,
or in lieu thereof, the Village Board may also maintain an action
or proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance with, or to restrain by injunction, the violation
of such local law.
