[HISTORY: Adopted by the Board of Supervisors of the Township of
Hanover 8-13-1968 by Ord. No. 52. Amendments
noted where applicable.]
It shall be unlawful to construct, maintain and operate and/or use any private exposed water hazard within the Township limits except in compliance with all the provisions of this chapter and of Chapter 185, Zoning.
For the purpose of this chapter, certain terms as used herein shall
have the meanings given as follows:
Any pond, body of water, receptacle or artificially constructed private
pool, or body of water, having a walled depth of six inches or more at any
point within its perimeter, intended or adapted for the purpose of immersion
or partial immersion of human beings, fish, flowers, or any other standing
body of water of such depth as herein described, and including all appurtenant
equipment. Any container, less than 12 inches in depth at all points, and
intended for the sole purpose of immersion of human beings therein, which
container is totally above the surface of the ground, and which is emptied
daily and which is never left unattended while containing water, shall not
be considered an exposed water hazard as defined by the terms of this chapter.
Includes all exposed water hazards which are used or intended to
be used as swimming pools, ponds, or other water hazards as defined by this
chapter, which are not open to the public for admission, whether with or without
charge, and it shall not include any swimming pool which is open to the public,
provided that the operation of any said pool is governed by the statutes,
standards or rules and regulations other than those of Hanover Township relating
to public accommodations. Any swimming pool other than a private swimming
pool shall be classified as a public or semipublic swimming pool.
A.
Permit application; contents.
(1)
Before any construction, including structural alteration
or partial or complete relocation, is begun on any swimming pool, a permit
shall be applied for and obtained from the Zoning Administrator. Each application
for a permit to construct, erect or place a private swimming pool upon a lot
occupied by a private dwelling shall be accompanied by the following data,
in triplicate:
(a)
Plot plan, showing all existing structures including
location of proposed pool. Accurate distances or measurements shall be shown.
(b)
Specifications, showing or describing details of construction.
(c)
Cross sections showing pool dimensions including depths
and volume in gallons.
(d)
Type and size of filter system; filtration and backwash
capacities.
(e)
Pool piping layout showing all pipe and fitting sizes
and indicating types of material to be used.
(f)
Rated capacity of pool pump in gallons per minute, head
dimension and size and type of motor; pressure or head for filtration or backwashing
purposes.
(g)
Electric wiring layout.
(2)
Before any permit shall be issued, such plans and specifications
shall be approved by a properly designated Township official, and before any
completed exposed water hazard is put into use, it shall be subject to final
inspection and approval by such properly designated Township official.
B.
Each application for a permit shall be accompanied by
a permit fee as set from time to time by resolution of the Board of Supervisors.
C.
The permit fee is waived for all exposed water hazards
installed prior to the enactment of this chapter, provided that the application
required by this chapter shall be submitted to the properly designated Township
official within 60 days from the effective date of this chapter.
A.
No portion of the water surface and/or fenced area of any exposed water hazard shall be located within the minimum required front yards as the same are established for the various classes of residential districts in Chapter 185, Zoning, nor shall the water surface be located within 10 feet of any side or rear property line when an exposed water hazard is located to the rear of the front face of the dwelling.
C.
No exposed electric wires including electrical outlets
shall be located within five feet of the water's edge, nor shall any
exposed permanently installed electric wires within a horizontal distance
of 25 feet of the water's edge be located less than 10 feet above ground
level, nor shall wires of any kind cross or be located over or above the water
surface. Underwater lighting shall be accomplished by methods approved for
such purposes. The entire electrical installation shall comply with and be
maintained in accordance with the requirements of the National Electrical
Code and the Hanover Township Electrical Code.[1]
[1]
Editor's Note: See Ch. 53, Building Construction.
D.
There shall be no cross-connections of a public water
supply with any other source of water supply for the exposed water hazard.
The line from a public water supply, if available, to the exposed water hazard
shall be protected against a backflow of polluted water by means of an air
gap and shall discharge at least six inches above the maximum high water level
of the makeup tank or the exposed water hazard.
E.
The drain line from the exposed water hazard may be connected
to an available municipal sewerage system only in compliance with the following
provisions:
(1)
If a storm sewer is available to the site of the exposed
water hazard, the exposed water hazard drain shall be connected thereto.
(2)
Where no storm sewer is available, the exposed water
hazard drain may be connected to an available sanitary sewer, subject to the
approval of the designated Township official.
G.
The exposed water hazard shall be kept free at all times
of floating material, sediment and debris by means of an automatic surface
skimmer scum gutter or other method equally satisfactory and as may be approved
from time to time by the properly designated Township official.
H.
The recirculating system shall have a capacity sufficient
to accomplish the filtering and recirculating of the entire volume content
of the exposed water hazard during an eighteen-hour period. The maximum rate
of application of exposed water hazard water on the filters shall be five
gallons per minute per square foot of filter area.
I.
Provisions shall be made for positive germicidal or bacterial
control by the use of chlorine, bromine or such other disinfecting agents
or devices as may be approved by the properly designated Township official.
Such disinfecting agents shall be applied to the exposed water hazard water
at a uniform rate. The application thereof shall be so adjustable as to keep
the germicidal or bacterial protection of the water in the exposed water hazard
equal to a standard of from 0.5 to 1.0 parts per million of chlorine residual.
Testing devices capable of accurately measuring such residual shall be provided
by the exposed water hazard owner.
J.
All exposed water hazards to be constructed or which
have already been constructed shall be enclosed by fence which shall be at
least four feet in height and shall be of such type of construction that is
not readily climbed or scaled by small children. Gates shall be of a self-closing
and latching type with the latch on the inside or exposed water hazard side
of the gate. Provided, however, that if the entire premises of a residence
is enclosed, then this provision may be waived by the properly designated
Township official following inspection and approval of such enclosure. Provided,
further, that the owners of exposed water hazards already constructed shall
be required to comply with these fencing provisions within 60 days after the
effective date of this chapter. All fences constructed pursuant to this chapter
must comply with all zoning regulations. Exposed water hazards having a walled
height above ground level of not less than three feet in height will not be
subject to the fencing requirements as set forth in this chapter, provided
however that any ladders used in the operation of the pool, and any filtering
system or any other auxiliary components or units adjacent to the pool, capable
of being climbed upon or scaled, shall either be removed when not in use and
when the pool is not under adult supervision, or sufficient provision made
to fence, barricade or otherwise prevent any auxiliary appurtenances and any
equipment employed in the use or maintenance of the exposed water hazard from
being scaled or climbed upon by small children.
Notwithstanding any of the provisions contained in this chapter, the
properly designated Township official shall have the authority to waive any
of the requirements or provisions of this chapter where the exposed water
hazard is not intended for any human immersion.
All existing exposed water hazards which at the present time have no
filtration systems shall be required to make installation thereof as provided
herein and to have the same approved by the properly designated Township official
within 60 days after the effective date of this chapter.
The properly designated Township official shall have the right at any
reasonable time to inspect any exposed water hazard for the purpose of determining
that all of the provisions of this chapter are fulfilled and complied with,
and he shall be authorized to go upon the land or property where such exposed
water hazard is being maintained, and the maintenance of such exposed water
hazard, whether by the landowner, his lessee, guest or otherwise or any person
occupying or in possession of the premises, shall constitute implied consent
for the said official to make such inspections.
In any case where a provision of this chapter is found to be in conflict with a provision of Chapter 185, Zoning, or Chapter 53, Building Construction, of Hanover Township or any statute or act of the Commonwealth of Pennsylvania, existing on or after the effective date of this chapter, the provision which established the higher standard for the promotion and protection of the health and safety of the people shall prevail.
A.
Any person who violates or permits a violation of this
chapter shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not less than $100 nor
more than $1,000, plus costs of prosecution. In default of payment thereof,
the defendant may be sentenced to imprisonment for a term not exceeding 90
days. Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense, and each section of this
chapter that is violated shall also constitute a separate offense.[1]
B.
In addition, any improper or incorrect
installation, operation, maintenance or use in violation of the provisions
of this chapter shall also constitute a nuisance, and the Township may, in
addition to the penal provisions hereof, cause the abatement of such nuisance
by means of proper court action.
