[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon as Ch. 155 of the 1990 Code. Amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any private pool permanently constructed or permanently installed
having a depth of more than 18 inches below the level of the surrounding
land or any above-surface permanent pool designed, used and maintained
for swimming or bathing purposes by an individual for use of the members
of his/her household and guests and located on the applicant's land
as an accessory use to a residence and shall include all buildings,
structures, equipment and appurtenances thereto.
It shall be unlawful to establish or construct
a swimming or bathing pool without first obtaining a permit therefor
in the manner herein prescribed.
A.
Application for a permit to construct a swimming or
bathing pool shall be accompanied by four sets of plans and specifications
or proper descriptive brochures and a fee, exclusive of any permit
fee required for the erection of any accessory structures to be used
in connection with such swimming pool or bathing pool, and shall be
made to the Construction Official by the owner of the property.[1]
B.
The Construction Official shall not pass upon the
structural features or durability of the pool, except, insofar as
may be necessary, to assure safe and sound construction in accordance
with the generally acceptable principles of safe swimming pool construction
and for the purpose of ensuring compliance with the terms of this
chapter.
C.
If the Construction Official is satisfied with respect
to the structural features of the proposed pool, he/she shall submit
the plans and specifications or brochures to the Board of Health,
which shall review the same for the purpose of assuring that the health
and sanitary features and equipment of the pool are in accordance
with the terms of this chapter. If the Board of Health approves the
plans and specifications, it shall cause a statement to that effect
to be endorsed thereon and return the same to the Construction Official.
D.
The procedure shall be completed within seven working
days from the receipt of the application by the Construction Official.
After the completion of the pool and upon application
of the person constructing the pool, the Construction Official shall
issue a certificate of completion of the pool.
All materials used in the construction of private
swimming or bathing pools shall be waterproofed and easily cleaned.
The bottom and sides of the pool shall be either white or a light
color, except that aluminum paint shall not be used as a finish. Sand
or earth bottoms shall not be used.
There shall be no physical connection between
a potable, public or private water supply system and the pool. The
supply line to the pool shall terminate as an outside riser pipe that
will maintain a minimum air space of six inches between the end of
the fill line and the maximum flood level of the pool.
All private swimming pools or bathing pools
hereafter constructed shall be provided with not over one two-inch-diameter
galvanized iron pipe or approved equal drain extending from the pool
to a brook, other natural watercourse or storm sewer; provided, however,
that if such drain should be physically connected to a storm sewer,
the permit for the construction of the pool shall not be issued without
the written approval of the Borough Engineer, which approval shall
not be granted if, in the opinion of the Borough Engineer, the effectiveness
of the storm drain would be impaired by the proposed physical connection.
If such connection to the storm drain is permitted, it shall be made
under the supervision of and in accordance with specifications approved
by the Borough Engineer.[1]
[1]
Editor's Note: Original § 155-8,
Borough Engineer's fees, of the 1990 Code, which immediately followed
this section, was repealed 5-11-1988 by Ord. No. 12-1988.
[Amended 9-20-2006 by Ord. No. 16-2006]
In the event that it is not practicable to drain
a proposed swimming or bathing pool into a brook or other watercourse
or into a storm sewer hereinabove provided, facilities may be constructed
so that such pool may be emptied or drained by spraying the water
therefrom upon the land of the owner; provided, however, that if such
facilities and method of drainage are to be employed, no permit for
such pool shall be issued until the application therefor has been
approved by the Plumbing Inspector of the Borough, who shall not approve
the same unless, upon inspection of the premises of the owner, he/she
is satisfied that such method of drainage and facilities to be provided
therefor are practicable, that the owner's land is capable of absorbing
the water at the rate at which it is proposed to discharge the same
thereon and that such discharge of water thereon will not adversely
effect any abutting property, public or private. No discharge of water
shall be permitted to flow onto any neighboring properties except
by easement or other permission of the owner of the property onto
which water may flow. Under no circumstances shall any water be drained
and/or diverted to drain onto the streets and public rights-of-way
in the Borough of North Haledon.
[Amended 5-9-1990 by Ord. No. 5-1990; 10-15-2014 by Ord. No. 22-2014]
The Borough Plumbing Inspector shall receive for his/her inspection, prior to approval or disapproval of the application for the permit, a fee, which shall be paid by the owner of the property and shall be in addition to the fees for which provision is made in § 538-3A hereof. There shall be a subsequent inspection after completion of such pool and facilities to ascertain compliance with the plans and specifications therefor, for which there shall be no fee.
An adequate discharge system shall be provided
wherein the pool water and filter backwash water may be disposed of
in a manner not to cause flooding of adjacent properties, municipal
or private sewerage and water supply facilities.
The immediate area surrounding the pool shall
be designed to slope away from the pool so that all surface water
will drain away from the pool in a manner that will not create a nuisance
or hazard to adjacent property owners or the public.
[Amended 5-9-1990 by Ord. No. 5-1990]
The owner of the pool shall cause water samples
of the pool to be tested periodically for bacterial quality. The Board
of Health and any Health Officer may at any time require that pool
water samples be analyzed in the manner required by the Swimming Pool
Code of New Jersey (1970) and may order the discontinuance of the
use of any pool whose owner refuses to provide for such analysis or
any pool in which the water does not meet the bacterial quality standards
of the Swimming Pool Code of New Jersey (1970).
All swimming pools used by other than the immediate
family shall be treated with chlorine so that free chlorine residuals
and pH values shall be maintained within the ranges indicated below:
|
pH
|
Free Chlorine Residual
|
|---|---|
|
7.4 to 7.8
|
0.4 to 0.6 PM
|
A.
No swimming or bathing pool shall be constructed or installed in any front yard as the term "front yard" is defined in Chapter 600, Zoning, of the Code of the Borough of North Haledon. In the case of a corner lot, as the term "corner lot" is defined in Chapter 600, Zoning, no swimming or bathing pool shall be constructed or installed nearer to the side street line than the minimum number of feet required for the width of the side yard of the street side of such lot. In no event shall any swimming or bath pool be constructed or installed nearer than 20 feet to any property line in any zone.
[Amended 9-19-2018 by Ord. No. 18-2018]
B.
It is not to be located any closer than 20 feet from
any sewage disposal system, and the water surface of the pool shall
not exceed 20% of the rear or side yard area where the same is located.
C.
No private swimming or bathing pool shall be constructed or installed on any lot unless upon the lot shall be located a residence building as permitted in Chapter 600, Zoning.
D.
The above distances shall be measured from the waterline
of the pool to the property line. Any patio or terrace area adjacent
to the pool shall comply in all respects with setback requirements
applicable to accessory buildings.
[Added 4-15-1992 by Ord. No. 15-1992]
E.
A five-foot swimming pool fence shall be permitted
on the interior of the lot.
[Added 4-15-1992 by Ord. No. 15-1992]
A.
Every swimming pool or bathing pool having a depth
of 18 inches below the level of the land surrounding the pool and
all above-surface permanent pools shall, within 30 days after June
16, 1961, be completely surrounded by a fence or wall of substantial
construction, four feet in height, which shall be so constructed as
not to have openings, holes or gaps larger than four inches in dimension,
except for doors and gates, and, 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 such enclosure.
B.
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.
C.
Every gate or door opening through such enclosure
shall be equipped with a self-closing or self-latching device, capable
of keeping such gate or doors securely closed.
D.
It shall be deemed that there is sufficient compliance
with this section when the owner's entire property is completely enclosed
by a fence and gate of the type above-mentioned.
E.
Any access ladder or steps used in connection with
the above-surface type of swimming or bathing pool shall be removed
from the pool when the same is not in use.
Lights used to illuminate any swimming pool
or bathing pool shall be so arranged and shaded as to reflect light
away from adjoining premises.
All areas surrounding the pool shall be made
and kept neat and attractive so as to be in conformity with surrounding
property, and no rubbish, debris or litter shall be permitted to remain
or accumulate in or about the pool.
All pools shall be maintained and operated so
that they do not cause noise, nuisances or annoyances to neighbors,
property owners or citizens and residents of the Borough.
The Council shall have the power by resolution to waive any of the location requirements of this chapter where any strict application of the location requirements would work a hardship upon the property owner. Nothing contained herein, however, shall be construed as vesting the Council with the right to claim waiver of any conditions imposed by Chapter 600, Zoning.
Appeals to the Mayor and Council for a waiver
of the provisions of this chapter may be taken by any person aggrieved
by a decision of the Construction Official, Plumbing Inspector or
of the Borough Engineer pertaining to an application for a swimming
pool or bathing pool permit. Such appeals to the Mayor and Council
under this chapter shall be taken within 30 days of the decision of
the Construction Official, Plumbing Inspector or the Borough Engineer
by filing with the Borough Clerk a notice in writing of such appeal.
The Borough Clerk shall fix a reasonable time for the hearing of the
appeal, giving due notice thereof to the appellant. Notice of such
hearing shall be given by the appellant to all property owners within
200 feet of the appellant's property at least 10 days prior to the
time set for the hearing.
[Amended 5-9-1990 by Ord. No. 5-1990[1]]
Each and every day that any of the provisions of this chapter shall be violated or not complied with after due notice of such violation or noncompliance has been served by the Construction Official shall constitute a separate offense and shall be punishable as such. For each and every violation of the provisions of this chapter, the defendant shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
