Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pendleton 4-4-1972. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
SWIMMING POOL
Any body of water (excluding natural bodies of water fed by rivers, streams or brooks) or receptacle for water that is capable of having a depth at any point greater than two feet used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside or inside any building. This also includes hot tubs and spas.
[Amended 3-9-2015; 12-14-2015]
A swimming pool installed or maintained as an accessory use shall require a building permit and meet the following requirements:
A. 
When permitted. Any such pool shall be used only as an accessory use to a dwelling or a special permit use for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.
B. 
Safety measures. Any such pool shall be completely enclosed by a barrier not less than four feet in height, with all gates or doors opening through such enclosure equipped with self-closing and self-latching devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in actual use, of a type approved by the Code Enforcement Officer. The barrier shall consist of a fence, a wall, a building, or any combination thereof.
[Amended 3-9-2015; 12-14-2015]
C. 
Location. Any pool shall be no closer than fifteen (15) feet to any lot line and shall meet building setbacks as established by Chapter 247, Zoning.
D. 
Filters. Any such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any neighboring property and shall in no case be closer than fifteen (15) feet to any lot line.
E. 
Drainage. A request for installation of a pool shall be accompanied by a statement of the proposed method of draining the pool, indicating to the satisfaction of the Code Enforcement Officer that such drainage shall not interfere with the enjoyment of neighboring properties.
F. 
Corrective measures. The Code Enforcement Officer shall order the immediate correction of any situation which does not meet the requirements or intent of this chapter or for which he receives a written complaint from the County Health Department and shall, when considered necessary, require any pool to be immediately drained.
Section 222-2B shall apply to all existing pools, and the owners of such existing pools shall have six (6) months from the effective date of this chapter to comply with said subsection.
It shall be the duty of the Code Enforcement Officer to enforce the regulations and restrictions provided by this chapter.
[Amended 6-4-1996 by L.L. No. 1-1996]
A violation of this chapter or of any regulation or provision thereof shall be an offense punishable by a fine not exceeding two hundred fifty dollars ($250.) or imprisonment for not more than fifteen (15) days, or both. Each and every week that a violation of this chapter is permitted to exist shall constitute a separate offense. This penalty shall be in addition to any other penalties or other remedies as may be provided by law.