[Added 3-24-2004 by Ord. No. 1465]
All swimming pools, hot tubs/spas, man-made
ponds and accessory appurtenances constructed, installed, enlarged
or altered shall comply with the requirements of this article.
As used in this article, the following terms
shall have the meanings indicated:
See definition of "residential swimming pool."
A fence, a wall, a building wall, the wall of an aboveground
swimming pool, or a combination thereof, which completely surrounds
the swimming pool and obstructs access to the swimming pool.
Any structure or material eight inches or less above ground
level at any point.
See definition of "residential swimming pool."
See definition of "residential swimming pool."
A man-made body of water and its appurtenances not used for
bathing or swimming activities.
A pool cover which is placed over the water area and is opened
and closed with a motorized mechanism activated by a control switch.
Any swimming pool other than a residential swimming pool.
Any structure that contains water over 24 inches (610 mm)
in depth and which is used, or intended to be used, for swimming or
recreational bathing in connection with a residential occupancy situated
on the premises of a detached one- or two-family dwelling or a one-family
townhouse not more than three stories in height. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
Any residential swimming pool that is totally contained within
a residential structure and surrounded on all four sides by walls
of said structure.
See definition of "residential swimming pool."
Any temporary swimming pool less than 24 inches deep, eight
feet or less in diameter, and easily installed and removed, and without
water filters, pumps and recreation equipment.
A.
Pools and ornamental ponds less than 24 inches deep
or having a surface area of less than 250 square feet. Location and
size shall continue to be regulated by this article.
B.
Wading pools are exempt from the provisions of this
article.
C.
Municipal pool facilities shall be exempt from zoning
requirements.
D.
Pool constructed within a principal or accessory building
shall meet the zoning requirements for building setbacks, height and
coverage as applicable to the zone in which they are located.
A swimming pool or appurtenances thereto shall
not be constructed, installed, enlarged or altered until construction
documents have been submitted and a permit has been obtained from
the Code Enforcement Bureau.
A.
All required prior approvals as defined in N.J.S.A.
5:230-1 et seq., including but not limited to the Zoning Officer,
Borough Engineer and Health Inspector, shall be obtained prior to
the issuance of the construction permit.
A.
Detailed plot plan of the property and proposed project
(one inch equals 20 feet scale or larger) prepared and certified by
the owner-occupant or prepared, signed and sealed by a licensed New
Jersey architect or engineer is required. In addition, the source
of the survey information and elevation datum used in preparation
of the plot plan is also required.
B.
The plot plan shall show the following information,
items and details:
(1)
All existing and proposed buildings, structures,
equipment and all related appurtenances with dimensions and property
setbacks to same.
(2)
Grade elevations (existing and proposed) shown
at adjoining property boundaries, on the property, at the buildings/structures
and water surface areas.
(3)
Utility and piping locations, sizing and connections.
(4)
Safety fencing, gates and enclosure assemblies
location and details.
(5)
Location of drainage/back-flush area of alternate
system design details with explanatory notes.
(6)
Location of lighting fixtures, areas of illumination
and methods of shielding.
(7)
Coverage calculations for building/structure
coverage and total lot coverage per Borough ordinance.
(8)
A zoning table reflecting the relevant existing
requirements and proposed conditions of compliance or noncompliance.
(9)
Any other information deemed relevant to the
project.
C.
Construction plans shall show all details of the proposed
structures, buildings and appurtenances with dimensions, construction
methods, vertical elevations and sections through the pool and ornamental
pond, including depth. The detailed plans shall show methods of compliance
to the applicable codes.
(1)
The plans shall, in the case of preparation
by the owner/occupant, be certified by them to that fact or prepared,
signed and sealed by a New Jersey licensed architect or engineer.
(2)
In the case of a listed agency-approved prefabricated
unit, the manufacturer's specification literature with testing agency
approval is acceptable.
D.
Manufacturer's product literature and specifications,
with testing agency approvals for all proposed equipment, but not
limited to heaters, pumps, filters and the like equipment, is required.
E.
Plumbing diagram, as applicable, is required.
F.
A sealed survey showing current existing conditions
of the property, including but not limited to building locations and
structures, paved areas, sidewalks and major landscaping.
G.
A copy of the current tax record and Building Department
block-lot history card is required.
H.
The swimming pool construction checklist filled out
and signed by the owner, applicant and/or agent is required.
A.
They shall not be located in a front or side yard
area.
B.
The outer edge of the pool wall or coping shall not
be closer than 10 feet to the rear or side property lines, street
rights-of-way or principal buildings.
C.
Ground-level patios, decking and walkways which are
appurtenances to the structure shall not be closer than 10 feet to
the rear or side property lines or street rights-of-way.
D.
The surface area of the water shall not exceed 25%
of the total rear yard area.
E.
The operating water level shall not be higher than
one foot above the existing or approved grade elevation of the ground
surface.
F.
Safety fencing and gates shall not exceed five feet
in height in the rear yard areas and shall not exceed four feet in
height in that part of the safety enclosure which is located in a
side or front yard area.
G.
All lighting shall be designed and shielded as to
prevent glare, illumination and direct visibility onto and from adjoining
and neighboring properties and streets.
H.
All equipment, including but not limited to heaters,
filters and pumps, shall be located in the rear yard no closer than
six feet to an adjoining property line and be situated below ground
level or suitably screened by an approved method of fencing not to
exceed five feet in height, or landscaping, as to not to be visible
from adjoining and neighboring properties or streets.
I.
Drainage design shall ensure that the structures will
not adversely affect the existing natural flow and drainage of water
across adjoining properties and streets.
J.
Drainage design shall include approved methods of
detention on the property of all water associated with maintenance,
repair, back flushing and emptying of the structure. There shall be
no runoff of water from these activities onto adjoining properties,
water courses or streets.
K.
An accessory bathhouse, cabana, or like building used
as an appurtenance to a pool is not required but, if provided, shall
be located in the rear yard area no closer than six feet to a rear
or side property line, water's edge or principal structure in the
A-2 Residential Zone and 10 feet to a rear or side property line,
water's edge or principal structure in the A-1 Residential Zone. If
constructed solely as an accessory to the pool, it cannot exceed 15
feet in height from the lowest point of grade level to the roof peak,
have more than one story of occupied floor area, or a floor area more
than 150 square feet.
L.
An inground pool, above-ground-level pool, hot tub/spa,
or ornamental pond structure located in the rear yard area and not
structurally attached to the principal building shall not exceed four
feet six inches in total height from the lowest point of grade level
to the uppermost top of the structure's walls or structural assemblies,
excluding ladder, slide, or diving board assembled. Raised and/or
attached walkways, decking and railings exceeding the maximum height
requirements are not permitted. The maximum diameter, length or width
shall not exceed 24 feet in any direction.
M.
All swimming pools, ornamental ponds or hot tub/spas
may be constructed as to be an adjoining, attached and integral part
of an open deck structure attached to a principal structure. In such
applications, the deck assembly must comply with all applicable zoning
and Uniform Construction Code requirements, in addition to the height
and separation distances as required in this article.
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Exceptions: A hot tub/spa installed on the platform
level of the deck may exceed the total height requirement of four
feet six inches from grade to take into account the height above grade
of the deck platform. The required setback distance from the principal
structure will not apply to hot tub/spas.
[Amended 11-7-2007 by Ord. No. 1557] |
All pools, hot tubs, spas and ornamental ponds
regulated by this chapter shall also conform to the New Jersey Uniform
Construction Code, N.J.A.C. 5:23-1.1 et seq., and subsequently adopted
revisions in regard to the regulated structures and appurtenances.
A.
The pool, hot tub/spa and ornamental pond shall be
suitably designed, located and maintained as to not become a nuisance,
hazard or a violation of applicable Borough, county and state ordinances,
statutes and regulations governing or having jurisdiction.
B.
Permanent, approved safety barriers shall be installed
prior to introducing water into the structure, whether it is completed
or not. An exception to the foregoing is that temporary approved fencing
may be installed for a period of not more than 30 days from the introduction
of water into the structure.
C.
Use of the pool located in the A-1 or A-2 single-family
residence zones is restricted to the pleasure of the property owner/occupant
and personal guests, without fee.
D.
No illumination or noise shall exist as to adversely
affect the adjoining, neighboring properties and streets or the public.
A.
Code Enforcement Bureau, Health Department, Public
Works Department, Police Department and Borough Engineer officials
and officers shall have the right to entry, inspection and enforcement
for observed and reported violations under their jurisdiction.
B.
All appeals of determination by the Zoning Officer
or required variance applications for relief from requirements are
expressly the jurisdiction of the Zoning Board of Adjustment, except
for in the case of a site plan approval application or presentation
in which the Planning Board has jurisdiction per Borough ordinance
or New Jersey Municipal Land Use Law.
