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Swimming Pool Policy

Owned by Joe Leone
Last updated: Oct 19, 2020
4 min read

Effective May 26, 2020

Problem

Many homeowners have been asking about our community’s swimming pool policy. This policy clarifies what is and is not permitted.

The section of the VAC HOA Deed Restrictions that apply to this policy are:

  • Section 3.02

Prior to the construction of any improvements or storage of any materials on the Property, the Owner of an Lot hereunder shall be required to submit two (2) sets of complete building plans, two (2) site plans, and two (2) signed specifications forms for the building to the Grantor, setting forth the general arrangement of the interior and exterior of the building, including the color and texture of the building materials and the type and character of all windows, doors, exterior light fixtures and appurtenant elements such as decorative walls, chimneys, driveways and walkways and detailing the structures on the Lot including setbacks, driveway locations, garage openings, orientation of the structure to the topography and conformance with the drainage grading plan. No building shall be located on any Lot nearer to the front lot line or nearer to a side street than the minimum building setback lines shown on the recorded subdivision plat, and no building shall be located in green areas or reserves as shown on the recorded plat. For the purpose of this restriction eves and steps shall not be considered as a part of the building, provided that this shall not be construed to permit any portion of the building on any Lot to encroach upon another Lot or reserve area. In the case of any screening required by these Restrictions, plans shall include detail showing such screening. Other landscaping plans shall be submitted and approved before the commencement of landscaping improvements but may be submitted to Grantor separate from the other improvement plans.  Grantor shall have twenty (20) days in which to review plans submitted to it.  On or before the conclusion of such twenty (20) days, Grantor shall do one or more of the following:  (i) approve the plans; (ii) request additional plans, clarifications or explanations; (iii) approve such plans provided that specified modifications are made; or (iv) disapprove such plans, in which event the reasons for such disapproval shall be stated in writing.  In the event the Grantor requests additional information, plans or explanations, the running of the 20-day period shall be tolled from the date of such request until such additional information, plans or explanations are furnished to Grantor.  In the event the Grantor does not take any of the actions specified above within the 20-day period specified, then the Owner submitting such materials for review shall notify Grantor in writing; and Grantor shall, within ten (10) days after the receipt of such notice, cause such review to be completed in the manner specified above.  In the event such review is not completed within such additional ten (10) days, such plans and specifications shall be deemed approved as submitted.

  • Section 3.06(A)

Permanently installed recreation equipment and service shall not be installed in side-yard setback.

Policy

 

  1. Kiddie pools that are temporary and do not require a filtering system are permitted without prior authorization of the Architectural Review Committee. These are small pools that can be set-up in a few minutes, either inflated or simply filled with water, and are meant to be dumped and refilled with clean water every couple of days, and stored inside during the off-season. 

  2. Above ground pools that are semi-permanent or permanent and are larger in nature, and may require a filtering system will not be approved and constitute a violation

  3. Permanent In-ground pools require prior authorization of the Architectural Review Committee.  They must follow the existing set-back rules that are outlined in the Deed Restrictions (for example 12.5 feet from the side yard lot line) and do not infringe on existing easements.  For this type of pool a homeowner must submit plans to the HOA’s Architectural Review Committee.  Approval from this committee must be obtained prior to work beginning.  Permits from the County and/or Township must be obtained. Proper fencing surrounding the pool must be installed.

 

The following are pictures of Kiddie pools that are permitted without prior approval of the Architectural Review Committee.

 

The following pictures are examples of permanent or semi-permanent above ground pools that are NOT permitted in our community.

 

 

 

Finally here is a picture of an in-ground swimming pool. This type of pool requires prior approval of the Architectural Review Committee as well as a building permit from Delaware County.