[HISTORY: Adopted by the Town Board of the
Town of Webster 8-3-2006 by L.L. No. 2-2006[1] (Ch. 196 of the 1991 Code). Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 196, Swimming Pools, adopted 9-5-1958, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
A fence wall, building wall or combination thereof which
completely surrounds the swimming pool and obstructs access to the
swimming pool.
A portable or permanent swimming pool or tank, artificially
constructed, installed and maintained, used primarily for bathing
or wading as defined by the New York State Uniform Fire Prevention
and Building Code.[1]
A portable or permanent pool, container, device or structure
not meeting the requirements of a swimming pool.
A.
A swimming pool
may be permitted in any zoning district as an accessory structure
to a principal building used for residential purposes. Said pool shall
be for the exclusive use of the occupants of the principal building
and their guests.
B.
A swimming pool
may be permitted in any multifamily residential district with site
plan approval of the Planning Board. Said pool shall be for the exclusive
use of the residents of the development and their guests.
C.
A swimming pool
may be permitted in any zoning district when said use is not an accessory
structure to a principal building used for residential purposes only
upon application to the Zoning Board of Appeals in accord with this
chapter.
A.
No swimming pool
shall be constructed, built or erected without a building permit having
been issued therefor.
B.
Each application
for a building permit to construct, build or erect a swimming pool
shall be accompanied by plans in sufficient detail to show:
(1)
A plot plan
of the property on which the pool is to be placed, showing the location
of the pool in reference to side lines, rear lines and other buildings
of the lot.
(2)
Pool dimensions,
depth, and volume in gallons.
(3)
A waste disposal
system.
(4)
An estimate
of the cost of said pool.
(5)
The location
and minimum height of the barrier around the pool.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No swimming pool or wading pool shall be built, constructed, erected or placed nearer to the side, rear or front lot lines than the side, rear or front setback lines required by Chapter 350, Zoning, of this Code. No swimming pool or wading pool shall be built closer than 15 feet to any property line. The edge of an in-ground pool is from the concrete, not the water's edge.
The design of all barriers shall comply with
the provisions of the New York State Uniform Fire Prevention and Building
Code.[1]
A.
Lights on any
pool shall be arranged so that they are not a nuisance or any annoyance
to the neighboring property. They shall be so designed as to be directed
on the pool or the adjacent area and shall not illuminate the neighbors'
premises.
B.
All electrical
installations in or near swimming pools shall be in strict accord
with the National Electrical Code as referenced by the New York State
Uniform Fire Prevention and Building Code.
No person shall leave a wading pool uncovered
and unattended in such a location or in such a manner as to create
a hazard to children living in the neighborhood.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
All drainage for swimming pools shall be so
designed as not to interfere with the domestic sewer systems and water
drainage systems that are part of the neighboring properties.
In considering an application under § 300-2C of this chapter, the Zoning Board of Appeals shall apply the requirements of this chapter and shall set other reasonable requirements which shall be consistent with the proposed use of the property and the existing use of the neighboring properties. The Zoning Board of Appeals may require that the drainage system for such pools be approved by the Town Building Inspector and may require that the filtration and chlorination system of said pool be of adequate design and capacity so as to protect the safety and health of the users of the pool and the general public of the Town of Webster.
Any and all persons who shall violate any of
the provisions of this chapter or who shall fail to comply therewith
or shall fail to comply with any order issued thereunder or shall
build in violation of any detailed statement of specifications or
plans submitted and approved thereunder or any certificate or permit
issued thereunder shall severally, and for each and every such violation
and noncompliance respectively, be subject to a penalty of $25 for
each and every refusal to comply with an order and for each and every
day that a violation exists, as the case may be.
A.
The Town Board
shall have the power to revoke any permit issued hereunder for the
failure or refusal of any person to comply with an order issued pursuant
hereto or because of the failure or refusal of any person to remedy
any noncompliance with the provisions hereof within 10 days after
notice thereof.
B.
Before a permit
maybe revoked by the Town Board, it shall hold a hearing upon five
days' written notice directed by the United States mail to the holder
of such permit. Such notice shall specifically state the nature of
the hearing, the time and place where the same will be held and the
cause for which the permit is sought to be revoked.
C.
A permit, once
revoked, may not be reinstated, but an application may be made to
the Town Board for a new permit.
