[Amended 8-3-1976; 8-20-1977; 9-4-1984]
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
given herein. The word "shall" is always mandatory and not merely
directory.
Any swimming pool which is entirely self-supporting and at
no point is more than 18 inches below existing or finished grade.
[Amended 6-7-2016]
Any artificial, semi artificial or natural receptacle, or
other container, capable of containing water and used or designed
for purposes other than swimming. Decorative ponds shall be made subject
to all provisions of this article, except that they will be required
to maintain four-foot side and rear yards when less than 150 square
feet in area, with design features no higher than five feet. Decorative
ponds, on properties zoned or used for single-family residential purposes,
shall only be permitted in the rear yard and shall be completely and
continuously surrounded by a permanent durable wall, fence or barrier.
A dwelling or accessory building may be used as part of such wall,
fence or barrier, provided it conforms to New York State Code. Decorative
ponds, on properties zoned or used for commercial, office, industrial
or multifamily purposes, may exist within any yard. Said decorative
ponds must be designed with any applicable safety devices and in accordance
with all New York State codes.
[Added 1-14-2003; amended 6-8-2010; 5-21-2013; 6-7-2016]
The average natural surface of the ground or surface of the
ground after completion of any change in contour in the area where
the swimming pool is or is to be situated.
Any swimming pool which at any point is more than 18 inches
below existing or finished grade.
Any swimming pool constructed, installed or maintained as
an accessory use on the same lot with a one- or two-family dwelling,
intended solely for the private use of any occupant of such dwelling
and such occupant's family and guests.
Any swimming pool which is not a private swimming pool, as
defined above.
Any structure, basin, chamber or tank which is intended for
swimming, diving, recreational bathing or wading or which contains,
is designed to contain, or is capable of containing water, whether
temporary or permanent, whether or not any charge or fee is imposed
for its use, and shall include all buildings, structures, appurtenances,
equipment, appliances and other facilities appurtenant to and intended
for the operation and maintenance of a swimming, wading or soaking
pool, or hot tub.
[Amended 1-14-2003; 6-7-2016]
Swimming pools may be installed, used or maintained
only as accessory to an occupied dwelling for the private use of the
owners or occupants of such dwelling or as accessory to a nursery
school or day camp or as an accessory to a hotel, motel, boatel, cooperative,
condominium, apartment house, garden apartment, boardinghouse or lodging
house or uses permitted in a Recreation Service G District and only
on the conditions provided in this article.
[Amended 5-20-2003; 8-12-2003; 4-5-2005; 12-15-2009; 6-8-2010; 4-15-2011]
A.
It shall be unlawful to construct, install, use or to allow or maintain
a swimming pool in any district, except in compliance with this article
and after a permit therefor has been procured from the Building Division
of the Department of Planning and Development.
[Amended 5-21-2013]
B.
No swimming pool shall be constructed or installed by any entity
or individual, on behalf of the property owner, without first obtaining
a copy of the building permit issued by the Building Division from
either the Building Division or the property owner. This permit is
to be displayed on site at all times work is being performed.
C.
Construction of walls, barriers or fences around swimming pools.
(1)
Any outdoor swimming pool having a depth of 18 inches or less and an area of 100 square feet or less shall be enclosed by a durable wall, barrier or fence as described in Subsection C(2) below, unless such outdoor swimming pool is covered with a suitable, strong, protective covering fastened or locked in place when not in use or unattended. A cover shall be considered to be of sufficient strength and securely fastened or locked in place if, when fastened or locked in place, it will support a minimum dead weight of 200 pounds.
(2)
Every outdoor swimming pool having a depth of more than 18 inches
or an area of more than 100 square feet, now existing or hereafter
constructed, installed, established or maintained, shall be completely
and continuously surrounded by a permanent durable wall, fence or
barrier which shall be located not less than four feet from the furthest
outside projection of the swimming pool and which shall be no more
than six feet nor less than four feet in height above grade and shall
be so constructed as to have no opening, mesh, hole or gap other than
that permitted under the New York State Building or Residential Code
in any dimension; provided, however, that if a picket fence is erected
or maintained, the horizontal dimension of any gap or opening shall
comply with the New York State Building or Residential Code requirement.
[Amended 6-7-2016]
(a)
All walls, fences or barriers shall be constructed in accordance
with requirements of the State Building or Residential Code and in
conformity with all sections of the Code of the Town of Islip.
(b)
No wall, fence or barrier of any kind shall be constructed or
maintained which shall contain projections at any point on its outer
surface which present a substantial opportunity or risk of unauthorized
access to the swimming pool. Stockade-type fences shall be erected
with the side having the horizontal beams facing in.
(c)
Any and all temporary walls, barriers or fences employed during the course of construction of a swimming pool, pursuant to Subsection C(3) herein, shall be replaced by a complying permanent barrier within either of the following periods:
(d)
Subject to the approval of the Code Enforcement Official, the
time period for completion of the permanent wall, barrier or fence
may be extended for good cause, including, but not limited to, adverse
weather conditions delaying construction.
(e)
A dwelling house or accessory building may be used as part of
such wall, fence or barrier.
(f)
All gates and doors used in conjunction with such wall, fence
or barrier shall conform to the above requirements as to height and
dimensions of openings, mesh, holes or gaps, and all gates and doors
shall be equipped with self-closing and self-latching devices for
keeping the gate or door securely closed at all times. All gates and
doors shall be locked when the pool is not in use or is unguarded
or unattended; provided, however, that the door of any dwelling which
forms a part of the wall, fence or barrier need not be so equipped
or locked.
(g)
Any ladder, diving board or other means of access to such swimming
pool shall be completely enclosed by a durable wall, fence or barrier,
and such wall, fence or barrier and any gate therein contained shall
meet all other requirements set forth in this subsection.
(h)
No water shall be put or caused to be put in any swimming pool
unless a wall, fence or barrier, as required within this article,
shall have first been erected.
(3)
Temporary walls, barriers, fences.
(a)
During the course of construction of a swimming pool, a temporary
wall, barrier or fence surrounding the pool shall be erected as required
by the Building Department.
(4)
Penalty for violations.
(a)
Any person found to have violated any provision under § 68-386C shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; and each day's continued violation shall constitute a separate additional violation.
E.
Said distances shall be measured from the outside edge of an in-ground
pool and from the outside edge of the structure of an aboveground
pool, exclusive of mechanical equipment, which shall maintain a setback
of 6 feet from any property line.
[Amended 9-15-2020]
F.
Every swimming pool which employs the use of any electrical device
in connection therewith shall be equipped with a ground fault interrupter
approved by Underwriters' Laboratories, Inc. All electrical devices
used in connection with such swimming pools must be approved by Underwriters'
Laboratories, Inc.
G.
Any private swimming pool with a water depth of more than 18 inches
shall be used and maintained in a clean and sanitary condition, and
in good repair. The bottom and sidewalls of swimming pools shall be
kept free of sediment and visible soil and the pool water surface
shall be maintained free of floating matter.
[Amended 6-7-2016]
H.
Public swimming pools.
(1)
No work shall be commenced on the construction or installation of
any public swimming pool, including excavating or removing of sand,
gravel, topsoil or other materials, until the plans and specifications
shall contain a certificate by a professional engineer licensed by
the State of New York that the drainage of such swimming pool is adequate
and will not interfere with the public or private water supply system,
with existing sanitary facilities or with the public highways.
(2)
Every public swimming pool shall be used and maintained in accordance
with the provisions of the New York State Sanitary Code and the rules
and regulations of the Suffolk County Health Department.
I.
In the event that an owner shall abandon any swimming pool, he shall
forthwith fill all voids and depressions and restore the premises
to the same grade and condition as before the swimming pool was constructed
and shall accordingly notify the Building Inspector when said restoration
has been completed. All applicable Building Division permits shall
be obtained.
[Amended 9-15-2020[1]]
[1]
Editor's Note: This resolution also repealed former Subsection
J, regarding the minimum required distance separation, which immediately
followed.
[Amended 9-15-2020]
Pools shall not occupy more than 40% of the
area of the rear yard. This limitation shall not apply in a Residence
BAA District.
A.
In the case of a motel, hotel, boatel or apartment
house, no pool shall be erected, maintained or used in a front yard
unless minimum front yard setbacks of 35 feet from all streets are
maintained.
B.
In the case of a private residence which fronts on
two or more streets, corner lots excepted, the following rules shall
apply:
(1)
The pool shall be erected and maintained in the portion
of the yard that is not used as the primary entrance to and exit from
the house.
(2)
The pool shall be erected and maintained at a minimum front yard setback distance from the street property line as that for a new accessory structure in that particular zoning district. In the case of unopened or unimproved rights-of-way, the Planning Commissioner, or his designee, may reduce the required setback of the pool from the unopened or unimproved right-of-way to the minimum side yard setback for pools of the zoning district. (See § 68-386C.)
[Amended 4-5-2005; 7-20-2021]
C.
For single-family dwellings, two-family dwellings,
and attached dwellings, in residence districts, pools shall not be
prohibited in front yards, but shall be located subject to the required
front yard setbacks for accessory structures in each respective residence
district.
[Amended 7-14-1993; 6-7-2016]
D.
In all other cases, no pool may be erected, maintained or used within
the front yard.
[Added 6-7-2016]
Unreasonable and excessive lighting or the use
of bright-colored banners and whirling pennants or loudspeaker devices
which can be heard beyond the property line and other such novelties
shall be prohibited at all times. Floodlighting shall not be installed
or maintained in any manner that would allow any rays to fall beyond
the property lines. Floodlighting shall not be permitted after 10:00
p.m. Any lighting which impairs the vision or creates a hazard or
nuisance is prohibited.
All swimming pools shall be provided with adequate
drainage. Said drainage shall be adequately contained or drained upon
the premises on which said pool is located.
A.
All drawings and plans for the construction, erection,
installation or alteration of any pool shall be submitted to the Department
of Planning, Housing and Development for examination and approval
as to location and construction.
B.
Plans and drawings shall show lot lines and shall
include information pertinent to the pool, fence, construction, water
supply system, drainage, water disposal system and all appurtenances,
as well as detailed plans.
C.
No permit shall be issued for the construction, erection,
installation or alteration of any swimming pool unless plans therefor
meet all applicable laws, ordinances, local laws or regulations which
may be applicable.
[Added 6-7-2016]
Any person found to have violated any provision under Article XXVIII shall be guilty of a violation, which shall be punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both; and each day's continued violation shall constitute a separate additional violation.
