Construction and Maintenance of Swimming Pools

Supplement to Pine Bay Covenants

Construction and Maintenance of Swimming Pools

Definition: For the purposes of this discussion, the term swimming pool is defined as the pool area plus a surrounding walkway and perimeter fence as required by Sussex County building codes.

Approval Process: The Architectural Review Committee (ARC) is responsible for reviewing and evaluating all building plans, including swimming pool construction, and approving or disapproving such plans based on their adherence to the Pine Bay covenants and discretionary considerations which are outlined below. (see Article IV, Section 1 which states “The Association, its successors and assigns, shall have the right to refuse approval of any such plans or specifications……….which are not suitable or desirable in its or its successors opinion, for aesthetic or other reasons.”)

Considerations:

Pine Bay is fortunate to have many mature trees within its boundaries that add to the quiet, sylvan setting of Community. The Pine Bay covenants were written to protect this natural resource by prescribing greater setbacks than county regulations and by requiring that the main structure cover no more than 40% of the lot. Although in-ground swimming pools are not specifically prohibited, approval of such would not uphold the spirit of the covenants. The ability and willingness of the homeowner to save the mature trees on his/her property will be a major factor in the review/approval process.

Private swimming pools are generally considered to be a nuisance by those communities who allow them. The majority of the lots within the Pine Bay Community are inappropriate sites for swimming pools since the lot sizes are small and many abut properties on three sides. This would cause a possible noise and safety problem for neighbors, as well as, probable damage to their mature trees along property lines. Although a few lots are larger and more isolated, the ARC will consider safety issues and the privacy, comfort and concerns of neighboring property owners when reviewing all requests for swimming pools. (see Article IV, Section 31 which states “There shall not be maintained on any lot any plant, animal device, or thing of any sort, the normal activities of which is in any way noxious, dangerous, unsightly, unpleasant or of such a nature as may diminish or destroy the enjoyment of the Property.”)

Requirements:

Construction of private property swimming pools in the Pine Bay Community is permitted only with the prior written approval of the Pine Bay Architectural Review Committee and only if all applicable Sussex County (SC) regulations and Pine Bay (PB) covenants are met. These minimum standards are as follows: Above ground pools are prohibited per Covenant Article IV, Section 19.

• The pool must be an in-ground structure and located at the rear of the house (PB).
• The pool must be surrounded by a walkway of no less than three feet in width. (SC)
• The pool walkway must be surrounded by a fence that is no lower than four feet (SC) and no higher than 5 feet (PB). (Note: to date the ARC has only approved open-design fences as a landscaping element.)
• The setbacks for swimming pools (see above definition) are a minimum of six feet from the rear property line and a minimum of ten feet from side property lines (SC).
• Any pool exterior lighting higher than eight feet above ground level must be attached to the house and beams directed toward the ground (PB).

(Note: SC = Sussex County Building Codes;   PB = Pine Bay Covenants & Restrictions)

04/30/02