[HISTORY: Adopted Orangetown Town Board 7-27-1964.]
The words, terms or phrases listed below for the purpose of this ordinance shall be defined as follows:
- SWIMMING POOL
- Is any permanent structure installed in the ground which contains water intended to be used for swimming, bathing or wading; or an aboveground seasonal pool two feet or more above ground and constructed of canvas, plastic or other materials.
- Any type of above-ground construction used in connection with and surrounding a below- or aboveground swimming pool.
No "in the ground" swimming pool, or a structure in connection with an above- or below-ground swimming pool shall be constructed, built or erected unless a building permit has been issued therefor by the Building Inspector of the Town of Orangetown.
Each application for a building permit required under § 33-2 to construct, erect or build a below-ground swimming pool and/or a structure surrounding an above- or below-ground swimming pool shall be accompanied by plans in sufficient detail to show:
Hand-drawn or reprint of plot plan or property on which pool and/or structure is to be placed, showing location in reference to side lines, rear lines and other buildings on the lot.
Pool dimensions, depth and estimated volume in gallons.
Specifications and plans of structure, if any.
Estimate of cost of pool and/or structure.
No below-ground swimming pool, or structure in connection with above- or below-ground swimming pool, shall be built, constructed or erected nearer to the side lines and lot lines than the front, rear and side setbacks required by Chapter 43, Zoning, of the Town of Orangetown for the district in which pool is to be located.
If lights are used to illuminate the pool area, they 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.
Any electrical units, fixtures and wiring utilized in connection with any type of pool which could in any manner endanger the users of said pool shall bear the seal of approval of the National Board of Fire Underwriters.
All below-ground swimming pools, as defined herein, or the premises upon which they are situated shall be surrounded by a substantial fence or barrier not less than four feet in height, except where such swimming pool is suitably protected by a wall or walls of an accessory or main building on the premises. Such a fence shall not be of a nature so as to be dangerous in and of itself and shall have no opening larger than two inches in width.
For seasonal swimming pools above ground or structures around any pool where steps or ladders are required for pool use, such entrance or exit devices are to be closed or removed when the pool is not in use.
Editor's Note: Former Subsection C, which immediately followed this subsection and dealt with exceptions to fence requirements, was repealed 9-24-1992 by L.L. No. 14, 1992.
The drain from any type of swimming pool shall not be connected to any sanitary sewer or septic system.
No type of pool shall be permitted to drain onto any adjoining property or public street and the wastewater from such pools shall be disposed on the owner's land or, at the owner's expense, discharged directly into an existing Town storm drainage system, provided that permission therefor is obtained from the Highway Superintendent of the Town of Orangetown.
There shall be no physical connection between a potable public or private water supply system and any above- or below-ground swimming pool.
Any person who shall violate this ordinance shall be guilty of an offense against the ordinance, and upon conviction shall be subject to a fine of not more than $50. Each week's violation shall constitute a separate and additional violation. Notwithstanding the penalty hereinbefore provided, the Town of Orangetown may enforce obedience of this ordinance or any part thereof by injunction to restrain such violation.
If any provision of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity thereof shall not affect, impair or invalidate the remainder of the ordinance.
This ordinance shall become effective immediately upon publishing and posting or upon personal service as provided in Section 133 of the Town Law.