§ 188-6. Location, fencing and safety requirements; application for permit., Chapter 188. Swimming Pools, Part II. General Legislation, Code of Ordinances, Bellerose

A fence, five feet in height, unless a different height shall be directed by the Board of Zoning Appeals, and of the chain link type shall be erected, completely enclosing the pool. There shall be one opening through said fence, and this shall be by a gate or door, of the same materials as the fence, equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate closed at all times and locked when the owner or occupant of the premises is not present at such swimming pool. No adornment or screening of any kind or nature shall be permitted on said fence.

No part of any pool shall be located within 20 feet of any property line or within 20 feet of any residence building or appurtenant structure.

The fence referred to in Subsection A above shall be erected at least five feet from the edge of the pool. Said fence shall be at least 15 feet from any property line unless the Board of Zoning Appeals shall otherwise direct. The residence on the property shall be permitted to be one side of such fence. The term "edge of the pool," or "pool," as used in this section, shall mean the outside of the vertical walls of said pool or the outside edge of any coping around the walls of the pool.

A walkway of at least four feet in width shall be built on all sides of the pool.

Water drained from said pool shall be completely drained on the property where said pool is located and into a separate dry well, which shall not serve any other drainage purpose.

Any dry well used for the disposal of wastewater from said pool shall have a capacity of at least twice the amount of water discharged during one normal backwash operation but shall in no case have less than a ten-foot vertical sidewall and an eight-foot diameter. No wastewater, other than from the pool, shall discharge into such dry well, and no wastewater from any pool shall discharge into a septic tank, cesspool or other sewage disposal system.

Application.

(1)

Every application for a permit for a swimming pool of permanent construction shall be accompanied by plans in duplicate in sufficient detail to show:

(a)

Location and size of the plot.

(b)

Location of all structures and improvements on the plot.

(c)

Location of the site in relation to adjacent properties.

(d)

Location of all cesspools and dry wells within 50 feet of the pool or pool dry well.

(e)

Size of pool, including dimensions, design and elevation thereof, drainage, sewerage, sanitary facilities, safety walkway around pool, fences and location thereof in relation to said pool and property lines.

(f)

Location of all electrical wiring and lines.

(g)

Computation showing percentage of land usages.

(h)

Breakdown of estimated cost.

(2)

All heaters and filters used in or connected with the operation of the pool shall be located and placed immediately adjacent to the residence of the applicant or not closer than 35 feet from any and all other residences.

Structural plans for said pool and its fixtures, equipment and appurtenances shall be submitted as part of the application. The plans must be prepared and signed by a registered architect or shall be accompanied by a certification of the same, in writing, by a professional engineer licensed by the State of New York, to the effect that he has personally examined the plans and the site; that the plans and specifications are sound and adequate; and that the drainage of said pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public highways.

There shall be submitted with every application a statement, in writing, by the applicant, in substantially the following language: "(I) (We) consent to the provisions of Chapter 188 of the Code of the Incorporated Village of Bellerose and agree to permit the application of same at all times." In addition thereto, the applicant shall agree, in writing, that any swimming pool located on his or her property shall not be used prior to 8:00 a.m. nor after 10:00 p.m. on any day and that any lighting appurtenant to such pool shall be extinguished before or at 10:00 p.m. on each day.

Every pool shall be constructed in such manner so as to permit the pool to be securely covered during such time as the use of said pool has been seasonally discontinued. The covering of such pool shall be by a cloth or other substance of sufficient strength to prevent the same from tearing or ripping when a weight of not more than 200 pounds is placed on any part thereof.

No change in the location of the pool or any of its equipment, fixtures or appurtenances, as shown on the application as granted, shall be made without the express written consent and approval of the Board of Zoning Appeals after a public hearing held thereon.

Not later than one year after the issuance of a certificate of occupancy for the swimming pool and yearly thereafter, the owner or occupant of any parcel of property on which said pool is located shall make application for a permit for the continued use of such pool. Such application shall be made on forms to be approved by the Board of Trustees and obtained from the Village Clerk and shall contain such information as may be requested thereby, and every such application, in addition to other required information, shall state under oath that:

(1)

No change has been made in the structure, equipment or appurtenances of the said pool except such as were specifically permitted by a written resolution of the Board of Zoning Appeals.

(2)

The said pool has been used only in accordance with the resolution of the Board of Zoning Appeals granting the special exception therefor.

(3)

The said pool and all of its equipment and appurtenances are structurally sound and in safe operating condition and meet the requirements of any and all governmental agencies, laws, rules and regulations affecting or pertaining to the maintenance, use and operation thereof.

In the event that, due to the topographical condition of the rear yard, it shall be impossible to construct any pool therein, the Board of Zoning Appeals shall have the power to permit not more than 25% of the pool area to be located in the side yard; subject, however, to all of the other restrictions and conditions contained in this or any other chapter and subject to such other conditions as the Board of Zoning Appeals may impose. Whenever any parcel of land shall have frontage on more than one street, all portions of the yard fronting on any such street shall be considered to be front yard.

No such pool shall be used or operated without such permit having been issued, and each such permit shall be for one year beginning June 1. At any time after the issuance of such permit the Building Inspector may cause an inspection to be made of the said pool, its fixtures, equipment and appurtenances, including the fence and pool cover, and if, as a result of such inspection, it shall appear that any matter set forth in the application is untrue or if he shall find any unsafe or unhealthy condition in or connected with such swimming pool, he shall cause written notice to be mailed to the owner or occupant of said property setting forth the findings of his inspection, together with a notice that if the matters complained of are not corrected or complied with within 10 days from the date of mailing, then the permit will be canceled.

Any pool which shall at any time be constructed, used or maintained contrary to the provisions hereof or in violation of any provision of this chapter or condition hereof shall be punishable by a fine of not more than $250 against the owner and/or occupant of the property, and each day that the pool is used or maintained in violation of any provision of this chapter shall constitute a separate offense, and, in addition thereto, each such owner and/or occupant is declared to be a disorderly person.

Bond. 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 such swimming pool.