[HISTORY: Adopted by the Township Committee of the Township of Lumberton: Art. I, 12-17-1973 by Ord. No. 1973-19 as Ch. XIII of the 1973 Code. Amendments noted where applicable.]
Water — See Ch. 271.
Article I Private Pools
[Adopted 12-17-1973 by Ord. No. 1973-19 as Ch. XIII of the 1973 Code]
[Amended 12-15-1980 by Ord. No. 1980-12]
As used in this Article, the following terms shall have the meanings indicated: 25301
- SWIMMING POOL
- Includes fill and draw, flow-through and recirculation pools, outdoor and indoor, which are artificially constructed to provide recreational facilities for swimming, bathing or wading, and shall include only privately owned pools, and shall also include pools served by natural outdoor ponds, rivers or lakes. It shall not include pools constructed for use by the public regulated by the provisions of the Swimming Pool Code of New Jersey or natural outdoor ponds, rivers or lakes.
Permit required. No person shall construct or maintain upon any premises within the township any swimming pool unless he has first applied to the Building Inspector and obtained a permit to do so pursuant to the provisions of this Article and any other applicable ordinance.
Application information. The application for a permit shall be accompanied by duplicate plans, specifications and the plot plan of the property. The plot plan shall show the accurate location of the proposed pool on the property as well as the location, height and type of all existing or proposed fencing, including the type and height of fencing or enclosure required by this Article. The application shall also show the means of filling and emptying the pool, the physical, chemical and bacterial quality of the pool water and the means by which it is to be maintained.
Fee. Applicants shall pay a fee of $20 to the township for a swimming pool permit, which permit fee shall be exclusive of the permit fee required for erection of any accessory structure to be used in connection with the swimming pool.
Granting of permit. No permit for a swimming pool shall be issued by the Building Inspector unless the plans, specifications and plot comply with this Article and all other applicable ordinances of the township and unless and until the applicant has presented to the Building Inspector a certificate from the Board of Health certifying that the plans for the pool comply with any ordinances, rules or regulations of the Board of Health then in effect.
Any swimming pool permit shall be conditioned upon continued compliance by the permittee with all provisions of this Article and other applicable ordinances of the township or of the Board of Health. Any such permit may be suspended for a period not exceeding five days and thereafter revoked following notice and hearing on such suspensions for violations of any of the provisions of this Article or any other applicable ordinance of the township or the Board of Health.
Upon revocation, the permittee or owner of the ground whereon the pool is located shall forthwith take such effective steps to close the pool and to prevent intentional or accidental access thereto as the Township Committee shall direct. Initial suspension may be by the Building Inspector, but final revocation or suspension after hearing shall be by the Township Committee.
The location of any swimming pool shall comply with all applicable provisions of the zoning ordinance. In addition thereto, a swimming pool shall not be constructed, installed, located, maintained or operated within 10 feet of any property line, nor nearer to any street line upon which the. property abuts than the existing setback line for structures erected on such property, but in no case less than 15 feet from a street line.
Fence required. Every swimming pool shall be completely surrounded by a fence or wall of suitable construction not less than four feet in height, which shall be so constructed so as not to have openings, holes or gaps larger than two inches in dimension, except for doors and gates. If a picket fence is erected or maintained, the horizontal dimension shall not exceed four inches. A dwelling house or accessory building may be used as part of the enclosure.
Design requirements. The fence or wall enclosure shall be so designed and constructed as to reasonably prevent any person from gaining access beneath, through or over the same and shall be provided with one or more substantial gates or doors of the same height as the fence or wall enclosure.
Gates and doors. Every gate or door opening through the enclosure shall be equipped with a self-closing and self-latching device capable of keeping such gate or door securely closed. The gate or door shall be locked so as to prevent unauthorized access to the pool.
Lights used to illuminate any swimming pool or bathing pool shall be so arranged and shaded as to reflect light away from adjoining premises.
Electrical fixtures and the wiring and installation thereof used in connection with the swimming pool shall conform to the standards of the National Board of Fire Underwriters for Electrical Wiring and Apparatus.
Swimming pools shall be subject to any sanitary regulations provided in Chapter 298, Swimming Pools, of this Code or hereafter enacted by the Board of Health.
Maximum penalty. For violation of any provisions of this Article, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this Article exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.