In any residence district, a plot or parcel of land, hereinafter
referred to as the "property" or the "land," having an area of more
than one acre, now or hereafter used principally as a church or similar
place of worship, in connection with which such use a school for the
religious instruction of children is regularly maintained and operated
or which such property is used principally as an elementary or secondary
parochial school under the supervision of the Board of Regents of
the State of New York, and in connection with which such principal
use a day camp is operated and maintained by such church, house of
worship or parochial school, may, as a special exception, but only
when permitted by the Board of Appeals after a public hearing held
upon such notice as is hereinafter provided, construct, maintain and
use on such property a swimming pool and/or a wading pool and/or a
bathhouse, subject to the limitations hereinafter set forth.
As used in this article, the following terms shall have the
meanings indicated:
A building or structure, permanent or temporary, constructed
of materials in accordance with any other ordinance of the Village
of East Hills pertaining to structures and being in all respects a
safe structure in the opinion of the Building Inspector of the Village
of East Hills and containing therein lockers, dressing compartments,
showers and sanitary facilities.
Male or female persons not younger than three years of age
and not older than 16 years of age.
A summer camp for children operated, used, conducted and
maintained by an elementary or secondary parochial school, church
or similar place of worship, the principal purpose of which camp is
the physical, moral and religious education and development of the
children enrolled in such day camp. Nothing herein contained shall
be deemed to limit the enrollees of such camp to any race, creed or
color nor membership in any church or similar place of worship.
Any body of water or receptacle for water of permanent construction
and having a depth at any point greater than four feet, used or intended
to be used for bathing or swimming, and constructed and installed
so that no part or portion of the same shall, at any point, extend
more than 12 inches above grade.
Any body of water or receptacle for water of permanent construction
and having a depth which does not, at any point, exceed three feet,
used or intended to be used for bathing or swimming and constructed
and installed so that no part or portion of the same shall, at any
point, extend more than six inches above grade.
The Board of Appeals, in considering an application for a swimming
pool, wading pool or bathhouse, shall not grant the issuance of a
special exception therefor unless it shall find, in each instance,
that the proposed use of said property for such purposes will not:
The application for such special exception shall state and the
special exception, if granted, shall provide that:
A.
A day camp is operated and maintained and will continue to be operated and maintained by the applicant for the purposes provided for in § 271-148.
B.
The number of children enrolled in such day camp shall at no time
exceed 500 in number.
C.
No such pool or bathhouse shall, at any time, be used by any person
or persons other than children duly enrolled as day campers and the
persons then employed for and at such times engaged in supervising
such children as are then actually using such pool or bathhouse.
D.
No pool or bathhouse shall be operated, used or maintained in a manner
contrary to any federal, state, county, town or water district law
or ordinance having jurisdiction over the same, but no such law or
ordinance shall extend or permit the use of the same beyond the limitations
herein provided for.
E.
No pool or bathhouse shall be used more than five days in each week,
Saturdays and Sundays excluded, and the hours of use shall be not
earlier than 9:00 a.m. nor later than 5:00 p.m.
F.
No pool or bathhouse shall be used prior to June 15 nor later than
Labor Day in any year.
G.
No pool or bathhouse shall be erected or connected upon the property
within 50 feet of any side or rear property line or within 100 feet
of any front line and shall not be placed closer than 100 feet from
any building, except a bathhouse building, and no part of any pool
or bathhouse shall be constructed or erected in or project into any
side yard.
H.
The Board of Appeals may impose such additional limitations or restrictions
as, in its discretion, it may deem necessary or appropriate.
As a condition precedent to the granting of any special exception
hereunder, the applicant shall file, together with the application,
an irrevocable consent, in form and content satisfactory to the Board
of Trustees, giving to said Board of Trustees and any person so designated
by said Board the right to enter upon the property for the purpose
of inspecting the property and its use for such day camp or pool and
the investigation of any complaint made with respect thereto.
Any special exception granted pursuant to this article shall
be for a period of one year from the date of granting and shall thereafter
continue from year to year unless the Board of Trustees shall, for
good cause, revoke or cancel the same. Violation of any provision,
prohibition, condition or limitation contained in this article shall,
in and of itself, constitute good cause for revocation or cancellation.
The Board of Trustees shall give notice of a revocation or cancellation
hearing, which hearing shall be held on not less than 10 days' notice
to the then owners or user of the property, and which notice shall
be in writing and shall set forth the grounds for such proposed revocation
or cancellation, and such notice shall be sent by registered or certified
mail, return receipt requested, and shall be mailed not later than
10 days prior to the hearing date therein specified.
In order to safeguard the general safety of the community and
particularly the children thereof and the children using said pool
or pools and to ensure the public health of the community generally,
the following additional, specific conditions are hereby imposed on
all pools:
B.
No such pool shall be closer than 30 feet from any cesspool, septic
tank, sanitary sewer line or dry well, excluding roof-leader dry wells
of any bathhouse.
D.
Any water from a public water supply shall be introduced into a pool
by means of a permanent, rigid system of piping, having an air-gap-delivery
connection of not less than six inches vertically above the flood
rim of the pool and shall in every manner conform to Regulation 6
of Chapter VI of the New York State Sanitary Code.
E.
Every pool shall have a recirculating and filtering system of sufficient
capacity to meet good public health and engineering practice, and
no pool shall be used during any time that such filtering system is
not in operation.
G.
No pool, pools or bathhouse, either singly or in combination, shall
occupy more than 10% of the area of the rear yard.
H.
A fence at least five feet in height and of the chain link type shall
be erected, completely enclosing the pool or pools. There shall be
only one opening through said fence, and this shall be by a gate or
door equipped with a self-locking and self-latching device designed
to keep and capable of keeping such gate or door securely closed at
all times and locked when the pool is not in actual supervised use.
Said fence shall be erected at least 10 feet from the edge of any
pool and at least 40 feet from any property line. Adornment of any
nature shall not be permitted on any part of such fence, nor shall
shrubs or plantings be permitted which would, in any way, screen the
view of any such pool.
I.
A cement walkway of at least 10 feet in width shall be built on all
sides of any pool.
K.
Water drained from any pool shall be completely drained on the property
where such pool is located and into a dry well which shall not be
located any closer than 20 feet to the nearest cesspool, septic tank
or sanitary waterline, whether on the property of the owner of such
pool or on the adjoining property.
L.
See § 271-143A(5).
M.
See § 271-143A(6).
N.
See § 271-143A(7).
A.
Every application for a special exception for a swimming pool, wading
pool or bathhouse, whether singly or in any combination, shall be
in writing and shall be accompanied by proof of service of written
notice to all property owners in the Village of East Hills owning
property within 200 feet of any property line of the applicant's property,
together with plans in duplicate in sufficient detail to show:
(1)
Location and size of the entire plot.
(2)
Location of the site in relation to owners of property within
200 feet of the said property.
(3)
Location and size of all existing buildings and structures on
the property.
(4)
Location of all cesspools, septic tanks and sanitary sewer lines
within 50 feet of any pool or pool dry well.
(5)
Size and location of pool or pools, constructions and additions,
including dimensions, design and elevation thereof, drainage, sewerage,
sanitary facilities and safety walkway around pool, fences and location
thereof in relation to such pool.
(6)
Location of all electrical wiring and lines.
(7)
Computation showing percentage of land used.
(8)
Breakdown of estimated cost used in the application.
B.
Any and all plans must be prepared or approved and signed by a registered
architect and shall be accompanied by a certification by a professional
engineer, licensed by the State of New York, that the drainage of
any pool is sufficient and will not interfere with the public water
supply system or with existing sanitary facilities or with the public
highways.
Fifty dollars shall accompany the application for each pool and each additional structure, plus the additional fees payable for construction of a structure, including pools, established by Article XIV of this chapter.
A surety bond in the sum of $500 shall be posted by each applicant
to guarantee the reimbursement to the Village for any damages sustained
to its highways or other property arising out of the construction
of any pool or bathhouse.
The Building Inspector is hereby charged with the duty of enforcing
this article, and it is herewith specifically provided that the Building
Inspector shall have the authority to enter upon any private premises
in the Incorporated Village of East Hills for the purpose of determining
whether or not the provisions and requirements of this article have
been complied with in the construction, use or maintenance of any
pool or bathhouse.
Any pool or bathhouse requiring any structure above ground shall
be supported in a safe and substantial manner and shall conform to
the Building Code[1] of the Incorporated Village of East Hills and shall be
subject to approval by the Building Inspector.
Violation of this article shall, in addition to any remedies or penalties hereinbefore provided for, also be punishable as provided in § 271-137 and all subsections thereof, as it presently provides or as may hereafter be amended.
Notice of public hearing on an application for any special exception,
as herein provided for, shall be given by the Village Clerk by the
publication of a notice in the official newspaper of the Village specifying
the time when and the place where such hearing will be held and in
general terms describing the application. Such notice shall be published
once at least seven days prior to the date specified for such hearing.
In the event that such hearing shall not be concluded on the day so
noticed or if such public hearing shall be adjourned, no further notice
or publication shall be required.
