[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 8-5-1969 (Ch. 48 of the 1993 Code). Amendments noted where applicable.]
It is the purpose of this chapter to promote the health, safety and general welfare of the inhabitants of the village with a view to encouraging appropriate use of the private lands in the matter of installation of swimming pools and securing safety from installation dangers and promoting health and the general welfare by prescribing the regulations herein contained.
As used in this chapter, the following terms shall have the meanings indicated:
- OUTDOOR SWIMMING POOL
- A receptacle for water, or an artificial pool of water, having a depth at any point of more than 18 inches, designed or intended for the purpose of immersion therein of human beings, and including all appurtenant equipment.
- 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 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.
It shall be unlawful to construct or maintain any private, outdoor, permanently installed swimming pool in the Village of Phoenix except in compliance with the provisions of this chapter.
Permits for the erection, installation or maintenance of swimming pools as defined above shall be contingent upon the following procedures and regulations:
Application for a permit shall be accompanied by a map or survey showing the exact location of the proposed pool with reference to the side lot lines, existing buildings, water mains, electric and gas mains and sewer mains. The application shall likewise show the manner and method of disposal of wastewater.
The permit to be issued shall be contingent upon the installation and maintenance of such pool in compliance with the following:
Enclosure. All swimming pools shall be enclosed in accordance with the provisions of 9 NYCRR Part 720.
Lighting. No lighting shall be permitted in, on or about a swimming pool except such lighting that shall shine into or upon the pool and cast no light or reflections onto abutting properties.
Overhead wires. No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool or its appurtenances.
Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edges of the pool and the fence erected around the pool.
Disposal of wastewater. Wastewater shall be prevented from flowing over or into the land of any adjoining property owner or over or into any abutting street.
Filling. No pool having water capacity in excess of 100 gallons shall be filled or added to between the hours of 7:00 a.m. and 10:00 p.m. No pool shall be filled or added to at any time during the effectiveness of emergency water orders or measures.
Existing pools. Existing pools shall be made to conform to all provisions of this section within 60 days of the adoption of this chapter.
Abandonment. Should the owner abandon the pool, the owner 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 Code Enforcement Officer shall be notified thereof.
Location. No swimming pool shall be located in the front yard of any lot or located less than 10 feet from any lot or property line.
[Added 4-19-1986 by L.L. No. 4-1986]
Each and every failure to comply with the provisions of this chapter shall constitute a violation thereof and shall be punishable by a fine not to exceed $250 or imprisonment for not more than 15 days, or both.
In the case of continuing violations of this chapter, each day that such violation shall occur shall constitute a separate and distinct violation.