A. Permit Required:
1. No manmade pond shall be constructed nor any natural pond be dredged, filled, cleared, reconstructed or improved unless the owners of all lots or parcels on which said pond exists or is to be constructed shall first obtain a building permit for the construction or improvement thereof.
2. The building permit for constructing a manmade pond or improving a natural pond shall not be issued unless the proposed pond conforms to all of the construction and performance criteria set forth in this Section.
3. The building permit applicant shall submit plans showing how the proposed pond or improvement shall conform to these criteria.
B. Boundaries To Next Lot And Yard Requirements: The boundaries of ponds, whether located on one or more lots of record, shall, at the perimeter of the pond, meet all the front, side and rear yard setback requirements for the zone in which the lots or parcels of land are located.
C. Location Restrictions: A pond shall not be located closer than fifty feet (50') from any part of a septic system or seventy five feet (75') from any well.
D. Safety Requirements: Ponds shall be constructed with a safety ledge and with side slopes as set forth and illustrated at the end of this section, and every pond hereafter constructed or improved shall be equipped with lifesaving equipment and a warning sign installed at a visible and convenient location.
E. Design Requirements: The design of all manmade ponds shall ensure that the rates of flow of natural drainage runoff shall not be increased by the pond and the ingress and egress points of natural drainage shall not be altered. No manmade pond hereafter permitted shall exceed four (4) acres or be less than fifteen one-hundredths (0.15) acres in area unless the variation from zoning requirements is granted pursuant to the provisions of section 8-10-2 of this title.
F. Pond Maintenance: All owners of lots or parcels upon which ponds now exist or are hereafter constructed shall be responsible for maintaining such ponds. In the case of natural ponds or manmade ponds now existing, the owners shall maintain said ponds so that they do not become malodorous, noisome or create a nuisance or hazard within the community. In the case of ponds hereafter created or improved under the building permit, the said owners shall have a continuing duty to maintain said ponds as provided herein for existing ponds and, in addition, to maintain said ponds in accordance with the criteria set forth in the plans upon which the building permits therefor were issued.
G. Emergency Use: All ponds, natural or manmade, are hereby declared to be a natural resource for the welfare and protection of the general public from the dangers and hazards of fire and explosion. All owners of lots and parcels upon which ponds are located shall permit and provide for entry by the local fire protection district personnel and equipment in all times of emergency to allow withdrawal of water for emergency purposes.
(Ord. 60-08, 4-27-1960)
Notes
1 | 1. See also Section 7-1-10 of this Code. |